H.Rpt.104-383 COMPREHENSIVE ANTITERRORISM ACT OF 1995 Committee on the Judiciary, December 5, 1995 [To accompany H.R. 1710]

1995 Congressional Documents
Intelligence and Security

104th Congress Report
HOUSE OF REPRESENTATIVES

1st Session 104-383
_______________________________________________________________________

COMPREHENSIVE ANTITERRORISM ACT OF 1995

_______________________________________________________________________

December 5, 1995.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Hyde, from the Committee on the Judiciary, submitted the following

R E P O R T

together with

DISSENTING VIEWS

[To accompany H.R. 1710]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill
(H.R. 1710) to combat terrorism, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.

CONTENTS

Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 37
Background and Need for Legislation.............................. 41
Hearings......................................................... 63
Committee Consideration.......................................... 66
Vote of the Committee............................................ 67
Committee Oversight Findings..................................... 76
Committee on Government Reform and Oversight Findings............ 76
New Budget Authority and Tax Expenditures........................ 76
Congressional Budget Office Cost Estimate........................ 76
Inflationary Impact Statement.................................... 80
Section-by-Section Analysis and Discussion....................... 80
Changes in Existing Law Made by the Bill, as Reported............ 106
Dissenting Views................................................. 176

The amendment is as follows:
Strike out all after the enacting clause and insert in lieu
thereof the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Comprehensive Antiterrorism Act of
1995''.

SEC. 2. TABLE OF CONTENTS.

The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--NEW OFFENSES

Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study to determine standards for determining what ammunition
is capable of penetrating police body armor.

TITLE II--INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that it
will be used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of violence.
Sec. 206. Directions to Sentencing Commission.

TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Interceptions of communications.
Sec. 302. Pen registers and trap and trace devices in foreign
counterintelligence investigations.
Sec. 303. Disclosure of certain consumer reports to the Federal Bureau
of Investigation for foreign counterintelligence investigations.
Sec. 304. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental facilities
in foreign counterintelligence and counterterrorism cases.
Sec. 305. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering explosive components inert, and
imposing controls of precursors of explosives.
Sec. 306. Application of statutory exclusionary rule concerning
intercepted wire or oral communications.
Sec. 307. Exclusion of certain types of information from wiretap-
related definitions.
Sec. 308. Addition of conspiracies to temporary emergency wiretap
authority.
Sec. 309. Requirements for multipoint wiretaps.
Sec. 310. Access to telephone billing records.
Sec. 311. Requirement to preserve record evidence.
Sec. 312. Authority to request military assistance with respect to
offenses involving biological and chemical weapons.
Sec. 313. Detention hearing.
Sec. 314. Reward authority of the Attorney General.
Sec. 315. Definition of terrorism.
Sec. 316. Protection of Federal Government buildings in the District of
Columbia.
Sec. 317. Study of thefts from armories; report to the Congress.

TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Investigative authority.
Sec. 506. Effective date.

TITLE VI--IMMIGRATION-RELATED PROVISIONS

Subtitle A--Removal of Alien Terrorists

Part 1--Removal Procedures for Alien Terrorists

Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and removal of alien terrorists.

Part 2--Exclusion and Denial of Asylum for Alien Terrorists

Sec. 611. Membership in terrorist organization as ground for exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.

Subtitle B--Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.

Subtitle C--Improved Information and Processing

Part 1--Immigration Procedures

Sec. 631. Access to certain confidential ins files through court order.
Sec. 632. Waiver authority concerning notice of denial of application
for visas.

Part 2--Asset Forfeiture for Passport and Visa Offenses

Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.

Subtitle D--Employee Verification by Security Services Companies

Sec. 651. Permitting security services companies to request additional
documentation.

TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Authorization of appropriations.
Sec. 702. Civil monetary penalty surcharge and telecommunications
carrier compliance payments.
Sec. 703. Firefighter and emergency services training.
Sec. 704. Assistance to foreign countries to procure explosive
detection devices and other counter-terrorism technology.
Sec. 705. Research and development to support counterterrorism
technologies.

TITLE VIII--MISCELLANEOUS

Sec. 801. Machine readable visas and passports.
Sec. 802. Study of State licensing requirements for the purchase and
use of high explosives.
Sec. 803. Compensation of victims of terrorism.
Sec. 804. Jurisdiction for lawsuits against terrorist States.
Sec. 805. Study of publicly available instructional material on the
making of bombs, destructive devices, and weapons of mass destruction.
Sec. 806. Compilation of statistics relating to intimidation of
Government employees.

TITLE I--NEW OFFENSES

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

(a) Homicide.--Section 1114 of title 18, United States Code, is
amended to read as follows:

``Sec. 1114. Protection of officers and employees of the United States

``Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
Government (including any member of the uniformed services) while such
officer or employee is engaged in or on account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished, in the case of murder, as provided under section 1111, or
in the case of manslaughter, as provided under section 1112, or, in the
case of attempted murder or manslaughter, as provided in section
1113.''.
(b) Threats Against Former Officers and Employees.--Section 115(a)(2)
of title 18, United States Code, is amended by inserting ``, or
threatens to assault, kidnap, or murder, any person who formerly served
as a person designated in paragraph (1), or'' after ``assaults,
kidnaps, or murders, or attempts to kidnap or murder''.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

(a) In General.--That chapter 113B of title 18, United States Code,
that relates to terrorism is amended by adding at the end the
following:

``Sec. 2339B. Providing material support to terrorist organizations

``(a) Offense.--Whoever, within the United States, knowingly provides
material support or resources in or affecting interstate or foreign
commerce, to any organization which the person knows or should have
known is a terrorist organization and that has been designated under
section 212(a)(3)(B)(iv) of the Immigration and Nationality Act as a
terrorist organization shall be fined under this title or imprisoned
not more than 10 years, or both.
``(b) Definition.--As used in this section, the term `material
support or resources' has the meaning given that term in section 2339A
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:

``2339B. Providing material support to terrorist organizations.''.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

Section 2339A of title 18, United States Code, is amended read as
follows:

``Sec. 2339A. Providing material support to terrorists

``(a) Offense.--Whoever, within the United States, provides material
support or resources or conceals or disguises the nature, location,
source, or ownership of material support or resources, knowing or
intending that they are to be used in preparation for or in carrying
out, a violation of section 32, 37, 351, 844(f) or (i), 956, 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b of this
title or section 46502 of title 49, or in preparation for or in
carrying out the concealment or an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more
than ten years, or both.
``(b) Definition.--In this section, the term `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.''.

SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

(a) Offense.--Title 18, United States Code, is amended by inserting
after section 2332a the following:

``Sec. 2332b. Acts of terrorism transcending national boundaries

``(a) Prohibited Acts.--
``(1) Whoever, involving any conduct transcending national
boundaries and in a circumstance described in subsection (b)--
``(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults with a
dangerous weapon any individual within the United
States; or
``(B) creates a substantial risk of serious bodily
injury to any other person by destroying or damaging
any structure, conveyance, or other real or personal
property within the United States or by attempting or
conspiring to destroy or damage any structure,
conveyance, or other real or personal property within
the United States;
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection (c).
``(2) Whoever threatens to commit an offense under paragraph
(1), or attempts or conspires to do so, shall be punished as
prescribed in subsection (c).
``(b) Jurisdictional Bases.--The circumstances referred to in
subsection (a) are--
``(1) any of the offenders travels in, or uses the mail or
any facility of, interstate or foreign commerce in furtherance
of the offense or to escape apprehension after the commission
of the offense;
``(2) the offense obstructs, delays, or affects interstate or
foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
``(3) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
``(4) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, used by, or
leased to the United States, or any department or agency
thereof;
``(5) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
``(6) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-conspirators of an
offense under this section, and accessories after the fact to any
offense under this section, if at least one of such circumstances is
applicable to at least one offender.
``(c) Penalties.--
``(1) Whoever violates this section shall be punished--
``(A) for a killing or if death results to any person
from any other conduct prohibited by this section by
death, or by imprisonment for any term of years or for
life;
``(B) for kidnapping, by imprisonment for any term of
years or for life;
``(C) for maiming, by imprisonment for not more than
35 years;
``(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for
not more than 30 years;
``(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
``(F) for attempting or conspiring to commit an
offense, for any term of years up to the maximum
punishment that would have applied had the offense been
completed; and
``(G) for threatening to commit an offense under this
section, by imprisonment for not more than 10 years.
``(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any other term
of imprisonment.
``(d) Limitation on Prosecution.--No indictment shall be sought nor
any information filed for any offense described in this section until
the Attorney General, or the highest ranking subordinate of the
Attorney General with responsibility for criminal prosecutions, makes a
written certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to conceal its
commission, is terrorism, as defined in section 2331 of this title.
``(e) Proof Requirements.--
``(1) The prosecution is not required to prove knowledge by
any defendant of a jurisdictional base alleged in the
indictment.
``(2) In a prosecution under this section that is based upon
the adoption of State law, only the elements of the offense
under State law, and not any provisions pertaining to criminal
procedure or evidence, are adopted.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
``(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) over conduct which, under section 3 of this title,
renders any person an accessory after the fact to an offense
under subsection (a).
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national boundaries'
means conduct occurring outside the United States in addition
to the conduct occurring in the United States;
``(2) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958(b)(2) of this
title;
``(3) the term `serious bodily injury' has the meaning
prescribed in section 1365(g)(3) of this title; and
``(4) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the chapter 113B of title 18, United States Code, that relates to
terrorism is amended by inserting after the item relating to section
2332a the following new item:

``2332b. Acts of terrorism transcending national boundaries.''.

(c) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended by--
(1) striking ``any offense'' and inserting ``any non-capital
offense'';
(2) striking ``36'' and inserting ``37'';
(3) striking ``2331'' and inserting ``2332'';
(4) striking ``2339'' and inserting ``2332a''; and
(5) inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``, 956(a), or 2332b'' after
``section 924(c)''.

SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

(a) In General.--Section 956 of chapter 45 of title 18, United States
Code, is amended to read as follows:

``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country

``(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where such
other person or persons are located, to commit at any place outside the
United States an act that would constitute the offense of murder,
kidnapping, or maiming if committed in the special maritime and
territorial jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the United
States to effect any object of the conspiracy, be punished as provided
in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1) of this
section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the offense
is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to damage or destroy specific property
situated within a foreign country and belonging to a foreign government
or to any political subdivision thereof with which the United States is
at peace, or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated, shall, if any
of the conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be imprisoned not
more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956 in the
table of sections at the beginning of chapter 45 of title 18, United
States Code, is amended to read as follows:

``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.

SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.

(a) Aircraft Piracy.--Section 46502(b) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) of
title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following the following:
``There is jurisdiction over an offense under this subsection
if a national of the United States was on board, or would have
been on board, the aircraft; an offender is a national of the
United States; or an offender is afterwards found in the United
States. For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other Persons.--Section
1116 of title 18, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ```national of the United
States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(e) Threats and Extortion Against Foreign Officials and Certain Other
Persons.--Section 878 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ```national of the United
States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(f) Kidnapping of Internationally Protected Persons.--Section 1201(e)
of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2) of title
18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later found
in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Biological Weapons.--Section 178 of title 18, United States Code,
is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the ``period'' at the end of paragraph (4)
and inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.

Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Against a National or Within the
United States'' after ``Offense'';
(B) by inserting ``, without lawful authority'' after
``A person who'';
(C) by inserting ``threatens,'' before ``attempts or
conspires to use, a weapon of mass destruction''; and
(D) by inserting ``and the results of such use affect
interstate or foreign commerce or, in the case of a
threat, attempt, or conspiracy, would have affected
interstate or foreign commerce'' before the semicolon
at the end of paragraph (2);
(2) in subsection (b), so that subparagraph (B) of paragraph
(2) reads as follows:
``(B) any weapon that is designed to cause death or
serious bodily injury through the release,
dissemination, or impact of toxic or poisonous
chemicals, or their precursors;'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National Outside the United States.--Any national of
the United States who, without lawful authority and outside the United
States, uses, or threatens, attempts, or conspires to use, a weapon of
mass destruction shall be imprisoned for any term of years or for life,
and if death results, shall be punished by death, or by imprisonment
for any term of years or for life.''.

SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

(a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii) of
title 18, United States Code, is amended by striking ``or extortion;''
and inserting ``extortion, murder, or destruction of property by means
of explosive or fire;''.
(b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended--
(1) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft), section
37 (relating to violence at international airports), section
115 (relating to influencing, impeding, or retaliating against
a Federal official by threatening or injuring a family
member),'';
(2) by inserting after ``section 215 (relating to commissions
or gifts for procuring loans),'' the following: ``section 351
(relating to Congressional or Cabinet officer
assassination),'';
(3) by inserting after ``section 793, 794, or 798 (relating
to espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(4) by inserting after ``section 875 (relating to interstate
communications),'' the following: ``section 956 (relating to
conspiracy to kill, kidnap, maim, or injure certain property in
a foreign country),'';
(5) by inserting after ``1032 (relating to concealment of
assets from conservator, receiver, or liquidating agent of
financial institution),'' the following: ``section 1111
(relating to murder), section 1114 (relating to protection of
officers and employees of the United States), section 1116
(relating to murder of foreign officials, official guests, or
internationally protected persons),'';
(6) by inserting after ``section 1203 (relating to hostage
taking),'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(7) by inserting after ``section 1708 (theft from the
mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),''; and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts abroad
against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 2332b (relating to
international terrorist acts transcending national boundaries),
section 2339A (relating to providing material support to
terrorists) of this title, section 46502 of title 49, United
States Code''.

SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

Section 844(e) of title 18, United States Code, is amended by
striking ``commerce,'' and inserting ``interstate or foreign commerce,
or in or affecting interstate or foreign commerce,''.

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

Section 2280(b)(1)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity takes
place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

Section 842(h) of title 18, United States Code, is amended to read as
follows:
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either
before or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.

SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETERMINING WHAT AMMUNITION
IS CAPABLE OF PENETRATING POLICE BODY ARMOR.

The National Institute of Justice is directed to perform a study of,
and to recommend to Congress, a methodology for determining what
ammunition, designed for handguns, is capable of penetrating police
body armor. Not later than 6 months after the date of the enactment of
this Act, the National Institute of Justice shall report to Congress
the results of such study and such recommendations.

TITLE II--INCREASED PENALTIES

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

(a) Increased Penalties for Damaging Certain Property.--Section
844(f) of title 18, United States Code, is amended to read as follows:
``(f) Whoever damages or destroys, or attempts to damage or destroy,
by means of fire or an explosive, any personal or real property in
whole or in part owned, possessed, or used by, or leased to, the United
States, or any department or agency thereof, or any institution or
organization receiving Federal financial assistance shall be fined
under this title or imprisoned for not more than 25 years, or both,
but--
``(1) if personal injury results to any person other than the
offender, the term of imprisonment shall be not more than 40
years;
``(2) if fire or an explosive is used and its use creates a
substantial risk of serious bodily injury to any person other
than the offender, the term of imprisonment shall not be less
than 20 years; and
``(3) if death results to any person other than the offender,
the offender shall be subject to the death penalty or
imprisonment for any term of years not less than 30, or for
life.''.
(b) Conforming Amendment.--Section 81 of title 18, United States
Code, is amended by striking ``fined under this title or imprisoned not
more than five years, or both'' and inserting ``imprisoned not more
than 25 years or fined the greater of the fine under this title or the
cost of repairing or replacing any property that is damaged or
destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:

``Sec. 3295. Arson offenses

``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of
section 844 of this title unless the indictment is found or the
information is instituted within 7 years after the date on which the
offense was committed.''.
(2) The table of sections at the beginning of chapter 213 of
title 18, United States Code, is amended by adding at the end
the following new item:

``3295. Arson offenses.''.

(3) Section 844(i) of title 18, United States Code, is
amended by striking the last sentence.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

Section 844 of title 18, United States Code, is amended by adding at
the end the following:
``(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (other than the penalty of death) as
those prescribed for the offense the commission of which was the object
of the conspiracy.''.

SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.

(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places it
appears and inserting ``, attempted kidnapping, or conspiracy
to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``or attempted murder'' and inserting ``,
attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(4) Section 175(a) of title 18, United States Code, is
amended by inserting ``or conspires to do so,'' after ``any
organization to do so,''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.

SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

Section 924(h) of title 18, United States Code, is amended--
(1) by inserting ``or having reasonable cause to believe''
after ``knowing''; and
(2) by striking ``imprisoned not more than 10 years, fined in
accordance with this title, or both.'' and inserting ``subject
to the same penalties as may be imposed under subsection (c)
for a first conviction for the use or carrying of the
firearm.''.

SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.

Section 844 of title 18, United States Code, is amended by adding at
the end the following:
``(o) Whoever knowingly transfers any explosive materials, knowing or
having reasonable cause to believe that such explosive materials will
be used to commit a crime of violence (as defined in section 924(c)(3)
of this title) or drug trafficking crime (as defined in section
924(c)(2) of this title) shall be subject to the same penalties as may
be imposed under subsection (h) for a first conviction for the use or
carrying of the explosive materials.''.

SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that section had
not expired, amend the sentencing guidelines so that the chapter 3
adjustment relating to international terrorism also applies to domestic
terrorism.

TITLE III--INVESTIGATIVE TOOLS

SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.

(a) Authorization of Interceptions in Certain Terrorism Related
Offenses.--Section 2516(1) of title 18, United States Code, is
amended--
(1) by striking ``and'' at the end of subparagraph (n);
(2) by redesignating subparagraph (o) as subparagraph (q);
and
(3) by inserting after paragraph (n) the following:
``(o) any violation of section 956 or section 960 (relating
to certain actions against foreign nations), section 1114
(relating to protection of officers and employees of the United
States), section 1116 (relating to murder of foreign officials,
official guests, or internationally protected persons), section
2332 (relating to terrorist acts abroad), section 2332a
(relating to weapons of mass destruction), section 2332b
(relating to acts of terrorism transcending national
boundaries), section 2339A (relating to providing material
support to terrorists), section 37 (relating to violence at
international airports) of title 18, United States Code, or;
``(p) any felony violation of section 842 (relating to
explosives) of this title; and''.
(b) Reports Concerning Intercepted Communications.--Subsection (6) of
section 2518 of title 18, United States Code is amended to read as
follows:
``(6) Whenever an order authorizing interception is entered under
this chapter, the order shall require the attorney for the Government
to file a report with the judge who issued the order showing what
progress has been made toward achievement of the authorized objective
and the need for continued interception. Such report shall be made 15
days after the interception has begun. No other reports shall be made
to the judge under this subsection.''.

SEC. 302. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN
COUNTERINTELLIGENCE INVESTIGATIONS.

(a) Application.--Section 3122(b)(2) of title 18, United States Code,
is amended by inserting ``or foreign counterintelligence'' after
``criminal''.
(b) Order.--
(1) Section 3123(a) of title 18, United States Code, is
amended by inserting ``or foreign counterintelligence'' after
``criminal''.
(2) Section 3123(b)(1) of title 18, United States Code, is
amended in subparagraph (B), by striking ``criminal''.

SEC. 303. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU
OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE
INVESTIGATIONS.

(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by adding after section 623 the following:

``SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR
FOREIGN COUNTERINTELLIGENCE PURPOSES.

``(a) Identity of Financial Institutions.--(1) Notwithstanding
section 604 or any other provision of this title, a court or magistrate
judge may issue an order ex parte, upon application by the Director of
the Federal Bureau of Investigation (or the Director's designee, whose
rank shall be no lower than Assistant Special Agent in Charge),
directing a consumer reporting agency to furnish to the Federal Bureau
of Investigation the names and addresses of all financial institutions
(as that term is defined in section 1101 of the Right to Financial
Privacy Act of 1978) at which a consumer maintains or has maintained an
account, to the extent that information is in the files of the agency.
The court or magistrate judge shall issue the order if the court or
magistrate judge finds, that--
``(A) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving reason
to believe that the consumer--
``(i) is a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978)
or a person who is not a United States person (as
defined in such section 101) and is an official of a
foreign power; or
``(ii) is an agent of a foreign power and is engaging
or has engaged in international terrorism (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.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) Identifying Information.--(1) Notwithstanding section 604 or
any other provision of this title, a court or magistrate judge shall
issue an order ex parte, upon application by the Director of the
Federal Bureau of Investigation (or the Director's designee, whose rank
shall be no lower than Assistant Special Agent in Charge), directing a
consumer reporting agency to furnish identifying information respecting
a consumer, limited to name, address, former addresses, places of
employment, or former places of employment, to the Federal Bureau of
Investigation. The court or magistrate judge shall issue the order if
the court or magistrate judge finds, that--
``(A) such information is necessary to the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there is information giving reason to believe that the
consumer has been, or is about to be, in contact with a foreign
power or an agent of a foreign power (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978).
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(c) Court Order for Disclosure of Consumer Reports.--(1)
Notwithstanding section 604 or any other provision of this title, if
requested in writing by the Director of the Federal Bureau of
Investigation (or the Director's designee, whose rank shall be no lower
than Assistant Special Agent in Charge), a court may issue an order ex
parte directing a consumer reporting agency to furnish a consumer
report to the Federal Bureau of Investigation, after the court or
magistrate finds, in a proceeding in camera, that--
``(A) the consumer report is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving reason
to believe that the consumer whose consumer report is sought--
``(i) is an agent of a foreign power; and
``(ii) is engaging or has engaged in international
terrorism (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.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(d) Confidentiality.--(1) No consumer reporting agency or officer,
employee, or agent of a consumer reporting agency shall disclose to any
person, other than officers, employees, or agents of a consumer
reporting agency necessary to fulfill the requirement to disclose
information to the Federal Bureau of Investigation under this section,
that the Federal Bureau of Investigation has sought or obtained the
identity of financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c).
``(2) No consumer reporting agency or officer, employee, or agent of
a consumer reporting agency shall include in any consumer report any
information that would indicate that the Federal Bureau of
Investigation has sought or obtained such information or a consumer
report.
``(e) Payment of Fees.--The Federal Bureau of Investigation is
authorized, subject to the availability of appropriations, pay to the
consumer reporting agency assembling or providing reports or
information in accordance with procedures established under this
section, a fee for reimbursement for such costs as are reasonably
necessary and which have been directly incurred in searching,
reproducing, or transporting books, papers, records, or other data
required or requested to be produced under this section.
``(f) Limit on Dissemination.--The Federal Bureau of Investigation
may not disseminate information obtained pursuant to this section
outside of the Federal Bureau of Investigation, except--
``(1) to the Department of Justice or any other law
enforcement agency, as may be necessary for the approval or
conduct of a foreign counterintelligence investigation; or
``(2) where the information concerns a person subject to the
Uniform Code of Military Justice, to appropriate investigative
authorities within the military department concerned as may be
necessary for the conduct of a joint foreign
counterintelligence investigation.
``(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the Federal
Bureau of Investigation pursuant to a subpoena or court order, or in
connection with a judicial or administrative proceeding to enforce the
provisions of this Act. Nothing in this section shall be construed to
authorize or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On an annual basis, the Attorney General
shall fully inform the Permanent Select Committee on Intelligence and
the Committee on Banking and Financial Services of the House of
Representatives, and the Select Committee on Intelligence and the
Committee on Banking, Housing, and Urban Affairs of the Senate
concerning all requests made pursuant to subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or information
contained therein in violation of this section is liable to any person
harmed by the violation in an amount equal to the sum of--
``(1) $100, without regard to the volume of consumer reports,
records, or information involved;
``(2) any actual damages sustained by the person harmed as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated any
provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer
or employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or department
shall promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or employee who
was responsible for the violation.
``(k) Good-Faith Exception.--Notwithstanding any other provision of
this title, any consumer reporting agency or agent or employee thereof
making disclosure of consumer reports or identifying information
pursuant to this subsection in good-faith reliance upon a certification
of the Federal Bureau of Investigation pursuant to provisions of this
section shall not be liable to any person for such disclosure under
this title, the constitution of any State, or any law or regulation of
any State or any political subdivision of any State notwithstanding.
``(l) Injunctive Relief.--In addition to any other remedy contained
in this section, injunctive relief shall be available to require
compliance with the procedures of this section. In the event of any
successful action under this subsection, costs together with reasonable
attorney fees, as determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by
adding after the item relating to section 623 the following new item:

``624. Disclosures to the Federal Bureau of Investigation for foreign
counterintelligence purposes.''.

SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES, AND
VEHICLE RENTAL FACILITIES IN FOREIGN
COUNTERINTELLIGENCE AND COUNTERTERRORISM CASES.

(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 121 the following:

``CHAPTER 122--ACCESS TO CERTAIN RECORDS

``Sec.
``2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental facilities
in counterintelligence and counterterrorism cases.

``Sec. 2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and
vehicle rental facilities in counterintelligence
and counterterrorism cases

``(a)(1) A court or magistrate judge may issue an order ex parte,
upon application by the Director of the Federal Bureau of Investigation
(or the Director's designee, whose rank shall be no lower than
Assistant Special Agent in Charge), directing any common carrier,
public accommodation facility, physical storage facility, or vehicle
rental facility to furnish any records in its possession to the Federal
Bureau of Investigation. The court or magistrate judge shall issue the
order if the court or magistrate judge finds that--
``(A) such records are necessary for counterterrorism or
foreign counterintelligence purposes; and
``(B) there are specific and articulable facts giving reason
to believe that the person to whom the records pertain is--
``(i) a foreign power; or
``(ii) an agent of a foreign power and is engaging or
has engaged in international terrorism (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.
``(2) An order issued under this subsection shall not disclose that
it is issued for purposes of a counterintelligence investigation.
``(b) No common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility, or any officer, employee,
or agent of such common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, shall disclose
to any person, other than those officers, agents, or employees of the
common carrier, public accommodation facility, physical storage
facility, or vehicle rental facility necessary to fulfill the
requirement to disclose the information to the Federal Bureau of
Investigation under this section.
``(c)(1) The Federal Bureau of Investigation may not disseminate
information obtained pursuant to this section outside the Federal
Bureau of Investigation, except--
``(A) to the Department of Justice or any other law
enforcement agency, as may be necessary for the approval or
conduct of a foreign counterintelligence investigation; or
``(B) where the information concerns a person subject to the
Uniform Code of Military Justice, to appropriate investigative
authorities within the military department concerned as may be
necessary for the conduct of a joint foreign
counterintelligence investigation.
``(2) Any agency or department of the United States obtaining or
disclosing any information in violation of this paragraph shall be
liable to any person harmed by the violation in an amount equal to the
sum of--
``(A) $100 without regard to the volume of information
involved;
``(B) any actual damages sustained by the person harmed as a
result of the violation;
``(C) if the violation is willful or intentional, such
punitive damages as a court may allow; and
``(D) in the case of any successful action to enforce
liability under this paragraph, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(d) If a court determines that any agency or department of the
United States has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise questions
of whether or not an officer or employee of the agency or department
acted willfully or intentionally with respect to the violation, the
agency or department shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the officer or
employee who was responsible for the violation.
``(e) As used in this section--
``(1) the term `common carrier' means a locomotive, rail
carrier, bus carrying passengers, water common carrier, air
common carrier, or private commercial interstate carrier for
the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any inn,
hotel, motel, or other establishment that provides lodging to
transient guests;
``(3) the term `physical storage facility' means any business
or entity that provides space for the storage of goods or
materials, or services related to the storage of goods or
materials, to the public or any segment thereof; and
``(4) the term `vehicle rental facility' means any person or
entity that provides vehicles for rent, lease, loan, or other
similar use, to the public or any segment thereof.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 121 the following new item:

``122. Access to certain records............................ 2720''.

SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES
AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE
COMPONENTS INERT, AND IMPOSING CONTROLS OF
PRECURSORS OF EXPLOSIVES.

(a) Study.--The Attorney General, in consultation with other Federal,
State and local officials with expertise in this area and such other
individuals as the Attorney General deems appropriate, shall conduct a
study concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) technology for devices to improve the detection of
explosives materials;
(3) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(4) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible to require it.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Attorney General shall submit to the Congress a report
that contains the results of the study required by this section. The
Attorney General shall make the report available to the public.

SEC. 306. APPLICATION OF STATUTORY EXCLUSIONARY RULE CONCERNING
INTERCEPTED WIRE OR ORAL COMMUNICATIONS.

Section 2515 of title 18, United States Code, is amended by adding at
the end the following: ``This section shall not apply to the disclosure
by the United States in a criminal trial or hearing or before a grand
jury of the contents of a wire or oral communication, or evidence
derived therefrom, if any law enforcement officers who intercepted the
communication or gathered the evidence derived therefrom acted with the
reasonably objective belief that their actions were in compliance with
this chapter.''.

SEC. 307. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-
RELATED DEFINITIONS.

(a) Definition of ``electronic communication''.--Section 2510(12) of
title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding a new subparagraph (D), as follows:
``(D) information stored in a communications system
used for the electronic storage and transfer of
funds;''
(b) Definition of ``readily accessible to the general public''.--
Section 2510(16) of title 18, United States Code, is amended--
(1) by inserting ``or'' at the end of subparagraph (D);
(2) by striking ``or'' at the end of subparagraph (E); and
(3) by striking subparagraph (F).

SEC. 308. ADDITION OF CONSPIRACIES TO TEMPORARY EMERGENCY WIRETAP
AUTHORITY.

(a) Section 2518.--Section 2518(7)(a) of title 18, United States
Code, is amended--
(1) by striking ``or'' at the end of subparagraph (ii);
(2) by inserting after subparagraph (ii) the following:
``(iii) conspiratorial activities involving domestic
terrorism or international terrorism (as that term is
defined in section 2331 of this title), or''; and
(3) by redesignating existing subparagraph (iii) as
subparagraph (iv).
(b) Definition of Domestic Terrorism.--Section 2510 of title 18,
United States Code, is amended.--
(1) by striking ``and'' at the end of paragraph (17);
(2) by striking the period at the end of paragraph (18) and
inserting ``; and''; and
(3) by inserting after paragraph (18) the following:
``(19) `domestic terrorism' means terrorism, as defined in
section 2331 of this title, that occurs primarily inside the
territorial jurisdiction of the United States.''.

SEC. 309. REQUIREMENTS FOR MULTIPOINT WIRETAPS.

Section 2518(11) of title 18, United States Code, is amended to read
as follows:
``(11) The requirements of subsections (1)(b)(11) and (3)(d) of this
section relating to the specification of facilities from which or the
place where the communication is to be intercepted to do not apply if,
in the case of an application with respect to the interception of oral,
wire, or electronic communications--
``(a) the application is by a Federal investigative or law
enforcement officer, and is approved by the Attorney General,
the Deputy Attorney General, the Associate Attorney General, or
an Assistant Attorney General (or an official acting in any
such capacity);
``(b) the application contains a full and complete statement
as to why such specification is not practical and identifies
the person committing the offense and whose communications are
to be intercepted; and
``(c) the judge finds that such specification is not
practical.''.

SEC. 310. ACCESS TO TELEPHONE BILLING RECORDS.

(a) Section 2709.--Section 2709(b) of title 18, United States Code,
is amended--
(1) in paragraph (1)(A), by inserting ``local and long
distance'' before ``toll billing records'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(4) by adding at the end a new paragraph (3), as follows:
``(3) request the name, address, length of service, and local
and long distance toll billing records of a person or entity if
the Director or the Director's designee (in a position not
lower than Deputy Assistant Director) certifies in writing to
the wire or electronic communication service provider to which
the request is made that the information sought is relevant to
an authorized domestic terrorism investigation.''.
(b) Section 2703.--Section 2703(c)(1)(C) of title 18, United States
Code, is amended by inserting ``local and long distance'' before
``telephone toll billing records''.
(c) Civil Remedy.--Section 2707 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``customer'' and inserting
``any other person'';
(2) in subsection (c), inserting before the period at the end
the following: ``, and if the violation is willful or
intentional, such punitive damages as the court may allow, and,
in the case of any successful action to enforce liability under
this section, the costs of the action, together with reasonable
attorney fees, as determined by the court''; and
(3) by adding at the end the following:
``(f) Disciplinary Actions for Violations.--If a court determines
that any agency or department of the United States has violated this
chapter and the court finds that the circumstances surrounding the
violation raise questions of whether or not an officer or employee of
the agency or department acted willfully or intentionally with respect
to the violation, the agency or department shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the
violation.''.

SEC. 311. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

Section 2703 of title 18, United States Code, is amended by adding at
the end the following:
``(f) Requirement to Preserve Evidence.--A provider of wire or
electronic communication services or a remote computing service, upon
the request of a governmental entity, shall take all necessary steps to
preserve records, and other evidence in its possession pending the
issuance of a court order or other process. Such records shall be
retained for a period of 90 days, which period shall be extended for an
additional 90-day period upon a renewed request by the governmental
entity.''.

SEC. 312. AUTHORITY TO REQUEST MILITARY ASSISTANCE WITH RESPECT TO
OFFENSES INVOLVING BIOLOGICAL AND CHEMICAL WEAPONS.

(a) In General.--The Attorney General may request that the Secretary
of Defense provide technical and logistical assistance by civilian and
military personnel of the Department of Defense in support of
Department of Justice activities relating to the enforcement of
criminal law in an emergency situation involving biological weapons or
chemical weapons of mass destruction. Department of Defense resources,
including personnel of the Department of Defense, may be used to
provide such assistance if--
(1) the Secretary of Defense and the Attorney General
determine that an emergency situation involving such weapons
exists; and
(2) the Secretary of Defense determines that the provision of
such assistance will not adversely affect the military
preparedness of the United States.
(b) Definition.--As used in this section, the term ``emergency
situation involving biological weapons or chemical weapons of mass
destruction'' means a circumstance involving a biological or chemical
weapon of mass destruction--
(1) that poses a serious threat to the interests of the
United States; and
(2) in which--
(A) civilian expertise is not readily available to
provide the required assistance to counter the threat
involved;
(B) Department of Defense special capabilities and
expertise are needed to counter the threat; and
(C) enforcement of the law would be seriously
impaired if the Department of Defense assistance were
not provided.
(c) Nature of Assistance.--The assistance referred to in subsection
(a) includes the operation of equipment (including equipment made
available under section 372 of title 10, United States Code) to
monitor, contain, disable, or dispose of a biological or chemical
weapon or elements of the weapon.
(d) Regulations.--The Attorney General and the Secretary of Defense
shall jointly issue regulations concerning the types of technical and
logistical assistance that may be provided under this section. Such
regulations shall also describe the actions that Department of Defense
personnel may take in circumstances incident to the provision of
assistance under this section. Such regulations shall not authorize
arrest or any assistance in conducting searches and seizures that seek
evidence related to violations of criminal law, except for the
immediate protection of human life.
(e) Reimbursement.--The Secretary of Defense shall require
reimbursement as a condition for providing assistance under this
subsection in accordance with section 377 of title 10, United States
Code.
(f) Delegation.--
(1) Except to the extent otherwise provided by the Attorney
General, the Deputy Attorney General may exercise the authority
of the Attorney General under this subsection. The Attorney
General may delegate the Attorney General's authority under
this subsection only to the Associate Attorney General or an
Assistant Attorney General and only if the Associate Attorney
General or Assistant Attorney General to whom delegated has
been designated by the Attorney General to act for, and to
exercise the general powers of, the Attorney General.
(2) Except to the extent otherwise provided by the Secretary
of Defense, the Deputy Secretary of Defense may exercise the
authority of the Secretary of Defense under this subsection.
The Secretary of Defense may delegate the Secretary's authority
under this subsection only to an Under Secretary of Defense or
an Assistant Secretary of Defense and only if the Under
Secretary or Assistant Secretary to whom delegated has been
designated by the Secretary to act for, and to exercise the
general powers of, the Secretary.

SEC. 313. DETENTION HEARING.

Section 3142(f) of title 18, United States Code, is amended by
inserting ``(not including any intermediate Saturday, Sunday, or legal
holiday)'' after ``five days'' and after ``three days''.

SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

(a) In General.--Title 18, United States Code, is amended by striking
sections 3059 through 3059A and inserting the following:

``Sec. 3059. Reward authority of the Attorney General

``(a) The Attorney General may pay rewards and receive from any
department or agency, funds for the payment of rewards under this
section, to any individual who provides any information unknown to the
Government leading to the arrest or prosecution of any individual for
Federal felony offenses.
``(b) If the reward exceeds $100,000, the Attorney General shall give
notice of that fact to the Senate and the House of Representatives not
later than 30 days after authorizing the payment of the reward.
``(c) A determination made by the Attorney General as to whether to
authorize an award under this section and as to the amount of any
reward authorized shall be final and conclusive, and no court shall
have jurisdiction to review it.
``(d) If the Attorney General determines that the identity of the
recipient of a reward or of the members of the recipient's immediate
family must be protected, the Attorney General may take such measures
in connection with the payment of the reward as the Attorney General
deems necessary to effect such protection.
``(e) No officer or employee of any governmental entity may receive a
reward under this section for conduct in performance of his or her
official duties.
``(f) Any individual (and the immediate family of such individual)
who furnishes information which would justify a reward under this
section or a reward by the Secretary of State under section 36 of the
State Department Basic Authorities Act of 1956 may, in the discretion
of the Attorney General, participate in the Attorney General's witness
security program under chapter 224 of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 203 of title 18, United States Code, is amended by striking the
items relating to section 3059 and 3059A and inserting the following
new item:

``3059. Reward authority of the Attorney General.''.

SEC. 315. DEFINITION OF TERRORISM.

Section 2331 of title 18, United States Code, is amended--
(1) so that paragraph (1) reads as follows:
``(1) the term `terrorism' means terrorist activity as
defined in section 212(a)(3)(B)(ii) of the Immigration and
Nationality Act;'';
(2) by inserting after paragraph (1) the following:
``(2) the term `international terrorism' means terrorism that
occurs primarily outside the territorial jurisdiction of the
United States, or transcends national boundaries in terms of
the means by which it is accomplished, the persons it appears
intended to intimidate or coerce, or the locale in which its
perpetrators operate or seek asylum;''; and
(3) by redesignating existing paragraphs (2) through (4) as
paragraphs (3) through (5), respectively.

SEC. 316. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF
COLUMBIA.

The Attorney General is authorized--
(1) to prohibit vehicles from parking or standing on any
street or roadway adjacent to any building in the District of
Columbia which is in whole or in part owned, possessed, used
by, or leased to the Federal Government and used by Federal law
enforcement authorities; and
(2) to prohibit any person or entity from conducting business
on any property immediately adjacent to any such building.

SEC. 317. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

(a) Study.--The Attorney General of the United States shall conduct a
study of the extent of thefts from military arsenals (including
National Guard armories) of firearms, explosives, and other materials
that are potentially useful to terrorists.
(b) Report to the Congress.--Within 6 months after the date of the
enactment of this Act, the Attorney General shall submit to the
Congress a report on the study required by subsection (a).

TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``nuclear material'' each
place it appears and inserting ``nuclear material or nuclear
byproduct material'';
(2) in subsection (a)(1)(A), by inserting ``or the
environment'' after ``property'';
(3) so that subsection (a)(1)(B) reads as follows:
``(B)(i) circumstances exist which are likely to
cause the death of or serious bodily injury to any
person or substantial damage to property or the
environment; or (ii) such circumstances are represented
to the defendant to exist;'';
(4) in subsection (a)(6), by inserting ``or the environment''
after ``property'';
(5) so that subsection (c)(2) reads as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal entity;'';
(6) in subsection (c)(3), by striking ``at the time of the
offense the nuclear material is in use, storage, or transport,
for peaceful purposes, and'';
(7) by striking ``or'' at the end of subsection (c)(3);
(8) in subsection (c)(4), by striking ``nuclear material for
peaceful purposes'' and inserting ``nuclear material or nuclear
byproduct material'';
(9) by striking the period at the end of subsection (c)(4)
and inserting ``; or'';
(10) by adding at the end of subsection (c) the following:
``(5) the governmental entity under subsection (a)(5) is the
United States or the threat under subsection (a)(6) is directed
at the United States.'';
(11) in subsection (f)(1)(A), by striking ``with an isotopic
concentration not in excess of 80 percent plutonium 238'';
(12) in subsection (f)(1)(C) by inserting ``enriched uranium,
defined as'' before ``uranium'';
(13) in subsection (f), by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5), respectively;
(14) by inserting after subsection (f)(1) the following:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;'';
(15) by striking ``and'' at the end of subsection (f)(4), as
redesignated;
(16) by striking the period at the end of subsection (f)(5),
as redesignated, and inserting a semicolon; and
(17) by adding at the end of subsection (f) the following:
``(6) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, district,
commonwealth, territory or possession of the United States.''.

TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

Section 841 of title 18, United States Code, is amended by adding at
the end the following:
``(o) `Convention on the Marking of Plastic Explosives' means
the Convention on the Marking of Plastic Explosives for the
Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152,
when the minimum concentration in the finished
explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176,
when the minimum concentration in the finished
explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass; and
``(5) any other substance in the concentration
specified by the Secretary, after consultation with the
Secretary of State and the Secretary of Defense, which
has been added to the table in part 2 of the Technical
Annex to the Convention on the Marking of Plastic
Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more high
explosives which in their pure form have a vapor pressure less
than 10-4 Pa at a temperature of 25+C., is formulated with
a binder material, and is as a mixture malleable or flexible at
normal room temperature.''.

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

Section 842 of title 18, United States Code, is amended by adding at
the end the following:
``(l) It shall be unlawful for any person to manufacture any plastic
explosive which does not contain a detection agent.
``(m)(1) it shall be unlawful for any person to import or bring into
the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) Until the 15-year period that begins with the date of entry
into force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the importation or bringing into the United States, or the
exportation from the United States, of any plastic explosive which was
imported, brought into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any agency of the
United States performing military or police functions (including any
military Reserve component) or by or on behalf of the National Guard of
any State.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
``(2)(A) During the 3-year period that begins on the effective date
of this subsection, paragraph (1) shall not apply to the shipment,
transportation, transfer, receipt, or possession of any plastic
explosive, which was imported, brought into, or manufactured in the
United States before such effective date by any person.
``(B) Until the 15-year period that begins on the date of entry into
force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the shipment, transportation, transfer, receipt, or possession of
any plastic explosive, which was imported, brought into, or
manufactured in the United States before the effective date of this
subsection by or on behalf of any agency of the United States
performing a military or police function (including any military
reserve component) or by or on behalf of the National Guard of any
State.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
effective date of this subsection, to fail to report to the Secretary
within 120 days after the effective date of this subsection the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.

SEC. 503. CRIMINAL SANCTIONS.

Section 844(a) of title 18, United States Code, is amended to read as
follows:
``(a) Any person who violates subsections (a) through (i) or (l)
through (o) of section 842 of this title shall be fined under this
title, imprisoned not more than 10 years, or both.''.

SEC. 504. EXCEPTIONS.

Section 845 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``(l), (m), (n), or (o)
of section 842 and subsections'' after ``subsections'';
(2) in subsection (a)(1), by inserting ``and which pertains
to safety'' before the semicolon; and
(3) by adding at the end the following:
``(c) It is an affirmative defense against any proceeding involving
subsection (l), (m), (n), or (o) of section 842 of this title if the
proponent proves by a preponderance of the evidence that the plastic
explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or
modified explosive materials;
``(B) training in explosives detection or development
or testing of explosives detection equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive which, within 3 years after the
effective date of this paragraph, will be or is incorporated in
a military device within the territory of the United States and
remains an integral part of such military device, or is
intended to be, or is incorporated in, and remains an integral
part of a military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any military
reserve component) or the National Guard of any State, wherever
such device is located. For purposes of this subsection, the
term `military device' includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
exclusively for military or police purposes.''.

SEC. 505. INVESTIGATIVE AUTHORITY.

Section 846 of title 18, United States Code, is amended--
(1) by inserting ``subsection (m) or (n) of section 842 or''
before ``subsection (d)''; and
(2) by adding at the end the following: ``The Attorney
General shall exercise authority over violations of subsection
(m) or (n) of section 842 and subsection (d), (e), (f), (g),
(h), or (i) of section 844 of this title only when they are
committed by a member of a terrorist or revolutionary group. In
any matter involving a terrorist or revolutionary group or
individual, as determined by the Attorney General, the Attorney
General shall have primary investigative responsibility and the
Secretary shall assist the Attorney General as requested.''.

SEC. 506. EFFECTIVE DATE.

The amendments made by this title shall take effect 1 year after the
date of the enactment of this Act.

TITLE VI--IMMIGRATION-RELATED PROVISIONS

Subtitle A--Removal of Alien Terrorists

PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

(a) In General.--The Immigration and Nationality Act is amended--
(1) by adding at the end of the table of contents the
following:

``TITLE V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys
to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'';

and
(2) by adding at the end the following new title:

``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

``definitions
``Sec. 501. In this title:
``(1) The term `alien terrorist' means an alien described in
section 241(a)(4)(B).
``(2) The term `classified information' has the meaning given
such term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.).
``(3) The term `national security' has the meaning given such
term in section 1(b) of the Classified Information Procedures
Act (18 U.S.C. App.).
``(4) The term `special attorney' means an attorney who is on
the panel established under section 502(e).
``(5) The term `special removal court' means the court
established under section 502(a).
``(6) The term `special removal hearing' means a hearing
under section 505.
``(7) The term `special removal proceeding' means a
proceeding under this title.
``establishment of special removal court; panel of attorneys to assist
with classified information
``Sec. 502. (a) In General.--The Chief Justice of the United States
shall publicly designate 5 district court judges from 5 of the United
States judicial circuits who shall constitute a court which shall have
jurisdiction to conduct all special removal proceedings.
``(b) Terms.--Each judge designated under subsection (a) shall serve
for a term of 5 years and shall be eligible for redesignation, except
that the four associate judges first so designated shall be designated
for terms of one, two, three, and four years so that the term of one
judge shall expire each year.
``(c) Chief Judge.--The Chief Justice shall publicly designate one of
the judges of the special removal court to be the chief judge of the
court. The chief judge shall promulgate rules to facilitate the
functioning of the court and shall be responsible for assigning the
consideration of cases to the various judges.
``(d) Expeditious and Confidential Nature of Proceedings.--The
provisions of section 103(c) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this
title in the same manner as they apply to proceedings under such Act.
``(e) Establishment of Panel of Special Attorneys.--The special
removal court shall provide for the designation of a panel of attorneys
each of whom--
``(1) has a security clearance which affords the attorney
access to classified information, and
``(2) has agreed to represent permanent resident aliens with
respect to classified information under sections 506 and
507(c)(2)(B) in accordance with (and subject to the penalties
under) this title.
``application for initiation of special removal proceeding
``Sec. 503. (a) In General.--Whenever the Attorney General has
classified information that an alien is an alien terrorist, the
Attorney General, in the Attorney General's discretion, may seek
removal of the alien under this title through the filing with the
special removal court of a written application described in subsection
(b) that seeks an order authorizing a special removal proceeding under
this title. The application shall be submitted in camera and ex parte
and shall be filed under seal with the court.
``(b) Contents of Application.--Each application for a special
removal proceeding shall include all of the following:
``(1) The identity of the Department of Justice attorney
making the application.
``(2) The approval of the Attorney General or the Deputy
Attorney General for the filing of the application based upon a
finding by that individual that the application satisfies the
criteria and requirements of this title.
``(3) The identity of the alien for whom authorization for
the special removal proceeding is sought.
``(4) A statement of the facts and circumstances relied on by
the Department of Justice to establish that--
``(A) the alien is an alien terrorist and is
physically present in the United States, and
``(B) with respect to such alien, adherence to the
provisions of title II regarding the deportation of
aliens would pose a risk to the national security of
the United States.
``(5) An oath or affirmation respecting each of the facts and
statements described in the previous paragraphs.
``(c) Right to Dismiss.--The Department of Justice retains the right
to dismiss a removal action under this title at any stage of the
proceeding.
``consideration of application
``Sec. 504. (a) In General.--In the case of an application under
section 503 to the special removal court, a single judge of the court
shall be assigned to consider the application. The judge, in accordance
with the rules of the court, shall consider the application and may
consider other information, including classified information, presented
under oath or affirmation. The judge shall consider the application
(and any hearing thereof) in camera and ex parte. A verbatim record
shall be maintained of any such hearing.
``(b) Approval of Order.--The judge shall enter ex parte the order
requested in the application if the judge finds, on the basis of such
application and such other information (if any), that there is probable
cause to believe that--
``(1) the alien who is the subject of the application has
been correctly identified and is an alien terrorist, and
``(2) adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States.
``(c) Denial of Order.--If the judge denies the order requested in
the application, the judge shall prepare a written statement of the
judge's reasons for the denial.
``(d) Exclusive Provisions.--Whenever an order is issued under this
section with respect to an alien--
``(1) the alien's rights regarding removal and expulsion
shall be governed solely by the provisions of this title, and
``(2) except as they are specifically referenced, no other
provisions of this Act shall be applicable.
``special removal hearings
``Sec. 505. (a) In General.--In any case in which the application for
the order is approved under section 504, a special removal hearing
shall be conducted under this section for the purpose of determining
whether the alien to whom the order pertains should be removed from the
United States on the grounds that the alien is an alien terrorist.
Consistent with section 506, the alien shall be given reasonable notice
of the nature of the charges against the alien and a general account of
the basis for the charges. The alien shall be given notice, reasonable
under all the circumstances, of the time and place at which the hearing
will be held. The hearing shall be held as expeditiously as possible.
``(b) Use of Same Judge.--The special removal hearing shall be held
before the same judge who granted the order pursuant to section 504
unless that judge is deemed unavailable due to illness or disability by
the chief judge of the special removal court, or has died, in which
case the chief judge shall assign another judge to conduct the special
removal hearing. A decision by the chief judge pursuant to the
preceding sentence shall not be subject to review by either the alien
or the Department of Justice.
``(c) Rights in Hearing.--
``(1) Public hearing.--The special removal hearing shall be
open to the public.
``(2) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled to
have counsel assigned to represent the alien. Such counsel
shall be appointed by the judge pursuant to the plan for
furnishing representation for any person financially unable to
obtain adequate representation for the district in which the
hearing is conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section shall
apply and, for purposes of determining the maximum amount of
compensation, the matter shall be treated as if a felony was
charged.
``(3) Introduction of evidence.--The alien shall have a right
to introduce evidence on the alien's own behalf.
``(4) Examination of witnesses.--Except as provided in
section 506, the alien shall have a reasonable opportunity to
examine the evidence against the alien and to cross-examine any
witness.
``(5) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a
hearing shall be kept.
``(6) Decision based on evidence at hearing.--The decision of
the judge in the hearing shall be based only on the evidence
introduced at the hearing, including evidence introduced under
subsection (e).
``(7) No right to ancillary relief.--In the hearing, the
judge is not authorized to consider or provide for relief from
removal based on any of the following:
``(A) Asylum under section 208.
``(B) Withholding of deportation under section
243(h).
``(C) Suspension of deportation under section 244(a)
or 244(e).
``(D) Adjustment of status under section 245.
``(E) Registry under section 249.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
special removal hearing, either the alien or the Department of
Justice may request the judge to issue a subpoena for the
presence of a named witness (which subpoena may also command
the person to whom it is directed to produce books, papers,
documents, or other objects designated therein) upon a
satisfactory showing that the presence of the witness is
necessary for the determination of any material matter. Such a
request may be made ex parte except that the judge shall inform
the Department of Justice of any request for a subpoena by the
alien for a witness or material if compliance with such a
subpoena would reveal evidence or the source of evidence which
has been introduced, or which the Department of Justice has
received permission to introduce, in camera and ex parte
pursuant to subsection (e) and section 506, and the Department
of Justice shall be given a reasonable opportunity to oppose
the issuance of such a subpoena.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid
from funds appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a
court of the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Introduction of Classified Information.--
``(1) In general.--Classified information that has been
summarized pursuant to section 506(b) and classified
information for which findings described in section
506(b)(4)(B) have been made and for which no summary is
provided shall be introduced (either in writing or through
testimony) in camera and ex parte and neither the alien nor the
public shall be informed of such evidence or its sources other
than through reference to the summary (if any) provided
pursuant to such section. Notwithstanding the previous
sentence, the Department of Justice may, in its discretion and
after coordination with the originating agency, elect to
introduce such evidence in open session.
``(2) Treatment of electronic surveillance information.--
``(A) Use of electronic surveillance.--The Government
is authorized to use in a special removal proceeding
the fruits of electronic surveillance and unconsented
physical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.) without regard to subsections (c), (e), (f),
(g), and (h) of section 106 of that Act.
``(B) No discovery of electronic surveillance
information.--An alien subject to removal under this
title shall have no right of discovery of information
derived from electronic surveillance authorized under
the Foreign Intelligence Surveillance Act of 1978 or
otherwise for national security purposes. Nor shall
such alien have the right to seek suppression of
evidence.
``(C) Certain procedures not applicable.--The
provisions and requirements of section 3504 of title
18, United States Code, shall not apply to procedures
under this title.
``(3) Rights of united states.--Nothing in this section shall
prevent the United States from seeking protective orders and
from asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and state
secrets privileges.
``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence
shall not apply to hearings under this section. Evidence introduced at
the special removal hearing, either in open session or in camera and ex
parte, may, in the discretion of the Department of Justice, include all
or part of the information presented under section 504 used to obtain
the order for the hearing under this section.
``(g) Arguments.--Following the receipt of evidence, the attorneys
for the Department of Justice andfor the alien shall be given fair
opportunity to present argument as to whether the evidence is
sufficient to justify the removal of the alien. The attorney for the
Department of Justice shall open the argument. The attorney for the
alien shall be permitted to reply. The attorney for the Department of
Justice shall then be permitted to reply in rebuttal. The judge may
allow any part of the argument that refers to evidence received in
camera and ex parte to be heard in camera and ex parte.
``(h) Burden of Proof.--In the hearing the Department of Justice has
the burden of showing by clear and convincing evidence that the alien
is subject to removal because the alien is an alien terrorist. If the
judge finds that the Department of Justice has met this burden, the
judge shall order the alien removed and detained pending removal from
the United States. If the alien was released pending the special
removal hearing, the judge shall order the Attorney General to take the
alien into custody.
``(i) Written Order.--At the time of rendering a decision as to
whether the alien shall be removed, the judge shall prepare a written
order containing a statement of facts found and conclusions of law. Any
portion of the order that would reveal the substance or source of
information received in camera and ex parte pursuant to subsection (e)
shall not be made available to the alien or the public.
``consideration of classified information
``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case in
which the application for the order authorizing the special procedures
of this title is approved, the judge who granted the order shall
consider each item of classified information the Department of Justice
proposes to introduce in camera and ex parte at the special removal
hearing and shall order the introduction of such information pursuant
to section 505(e) if the judge determines the information to be
relevant.
``(b) Preparation and Provision of Written Summary.--
``(1) Preparation.--The Department of Justice shall prepare a
written summary of such classified information which does not
pose a risk to national security.
``(2) Conditions for approval by judge and provision to
alien.--The judge shall approve the summary so long as the
judge finds that the summary is sufficient--
``(A) to inform the alien of the general nature of
the evidence that the alien is an alien terrorist, and
``(B) to permit the alien to prepare a defense
against deportation.
The Department of Justice shall cause to be delivered to the
alien a copy of the summary.
``(3) Opportunity for correction and resubmittal.--If the
judge does not approve the summary, the judge shall provide the
Department a reasonable opportunity to correct the deficiencies
identified by the court and to submit a revised summary.
``(4) Conditions for termination of proceedings if summary
not approved.--
``(A) In general.--If, subsequent to the opportunity
described in paragraph (3), the judge does not approve
the summary, the judge shall terminate the special
removal hearing unless the judge makes the findings
described in subparagraph (B).
``(B) Findings.--The findings described in this
subparagraph are, with respect to an alien, that--
``(i) the continued presence of the alien in
the United States, and
``(ii) the provision of the required summary,
would likely cause serious and irreparable harm to the
national security or death or serious bodily injury to
any person.
``(5) Continuation of hearing without summary.--If a judge
makes the findings described in paragraph (4)(B)--
``(A) if the alien involved is an alien lawfully
admitted for permanent residence, the procedures
described in subsection (c) shall apply; and
``(B) in all cases the special removal hearing shall
continue, the Department of Justice shall cause to be
delivered to the alien a statement that no summary is
possible, and the classified information submitted in
camera and ex parte may be used pursuant to section
505(e).
``(c) Special Procedures for Access and Challenges to Classified
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
``(1) In general.--The procedures described in this
subsection are that the judge (under rules of the special
removal court) shall designate a special attorney (as defined
in section 501(4)) to assist the alien--
``(A) by reviewing in camera the classified
information on behalf of the alien, and
``(B) by challenging through an in camera proceeding
the veracity of the evidence contained in the
classified information.
``(2) Restrictions on disclosure.--A special attorney
receiving classified information under paragraph (1)--
``(A) shall not disclosure the information to the
alien or to any other attorney representing the alien,
and
``(B) who discloses such information in violation of
subparagraph (A) shall be subject to a fine under title
18, United States Code, imprisoned for not less than 10
years nor more than 25 years, or both.
``appeals
``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The
Department of Justice may seek a review of the denial of an order
sought in an application by the United States Court of Appeals for the
District of Columbia Circuit by notice of appeal which must be filed
within 20 days after the date of such denial. In such a case the entire
record of the proceeding shall be transmitted to the Court of Appeals
under seal and the Court of Appeals shall hear the matter ex parte. In
such a case the Court of Appeals shall review questions of law de novo,
but a prior finding on any question of fact shall not be set aside
unless such finding was clearly erroneous.
``(b) Appeals of Determinations About Summaries of Classified
Information.--Either party may take an interlocutory appeal to the
United States Court of Appeals for the District of Columbia Circuit
of--
``(1) any determination by the judge pursuant to section
506(a)--
``(A) concerning whether an item of evidence may be
introduced in camera and ex parte, or
``(B) concerning the contents of any summary of
evidence to be introduced in camera and ex parte
prepared pursuant to section 506(b); or
``(2) the refusal of the court to make the findings permitted
by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the
entire record, including any proposed order of the judge or summary of
evidence, shall be transmitted to the Court of Appeals under seal and
the matter shall be heard ex parte.
``(c) Appeals of Decision in Hearing.--
``(1) In general.--Subject to paragraph (2), the decision of
the judge after a special removal hearing may be appealed by
either the alien or the Department of Justice to the United
States Court of Appeals for the District of Columbia Circuit by
notice of appeal.
``(2) Automatic appeals in cases of permanent resident aliens
in which no summary provided.--
``(A) In general.--Unless the alien waives the right
to a review under this paragraph, in any case involving
an alien lawfully admitted for permanent residence who
is denied a written summary of classified information
under section 506(b)(4) and with respect to which the
procedures described in section 506(c) apply, any order
issued by the judge shall be reviewed by the Court of
Appeals for the District of Columbia Circuit.
``(B) Use of special attorney.--With respect to any
issue relating to classified information that arises in
such review, the alien shall be represented only by the
special attorney designated under section 506(c)(1) on
behalf of the alien.
``(d) General Provisions Relating to Appeals.--
``(1) Notice.--A notice of appeal pursuant to subsection (b)
or (c) (other than under subsection (c)(2)) must be filed
within 20 days after the date of the order with respect to
which the appeal is sought, during which time the order shall
not be executed.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c)--
``(A) the entire record shall be transmitted to the
Court of Appeals, and
``(B) information received pursuant to section
505(e), and any portion of the judge's order that would
reveal the substance or source of such information,
shall be transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal or review
to the Court of Appeals pursuant to subsection (b) or (c):
``(A) Review.--The appeal or review shall be heard as
expeditiously as practicable and the Court may dispense
with full briefing and hear the matter solely on the
record of the judge of the special removal court and on
such briefs or motions as the Court may require to be
filed by the parties.
``(B) Disposition.--The Court shall uphold or reverse
the judge's order within 60 daysafter the date of the
issuance of the judge's final order.
``(4) Standard for review.--In an appeal or review to the
Court of Appeals pursuant to subsection (b) or (c):
``(A) Questions of law.--The Court of Appeals shall
review all questions of law de novo.
``(B) Questions of fact.--(i) Subject to clause (ii),
a prior finding on any question of fact shall not be
set aside unless such finding was clearly erroneous.
``(ii) In the case of a review under subsection
(c)(2) in which an alien lawfully admitted for
permanent residence was denied a written summary of
classified information under section 506(b)(4), the
Court of Appeals shall review questions of fact de
novo.
``(e) Certiorari.--Following a decision by the Court of Appeals
pursuant to subsection (b) or (c), either the alien or the Department
of Justice may petition the Supreme Court for a writ of certiorari. In
any such case, any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to the Supreme
Court, be transmitted under seal. Any order of removal shall not be
stayed pending disposition of a writ of certiorari except as provided
by the Court of Appeals or a Justice of the Supreme Court.
``(f) Appeals of Detention Orders.--
``(1) In general.-- The provisions of sections 3145 through
3148 of title 18, United States Code, pertaining to review and
appeal of a release or detention order, penalties for failure
to appear, penalties for an offense committed while on release,
and sanctions for violation of a release condition shall apply
to an alien to whom section 508(b)(1) applies. In applying the
previous sentence--
``(A) for purposes of section 3145 of such title an
appeal shall be taken to the United States Court of
Appeals for the District of Columbia Circuit, and
``(B) for purposes of section 3146 of such title the
alien shall be considered released in connection with a
charge of an offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations
and actions of the Attorney General pursuant to section
508(c)(2)(C) shall not be subject to judicial review, including
application for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien's rights
under the Constitution. Jurisdiction over any such challenge
shall lie exclusively in the United States Court of Appeals for
the District of Columbia Circuit.
``detention and custody
``Sec. 508. (a) Initial Custody.--
``(1) Upon filing application.--Subject to paragraphs (2) and
(3), the Attorney General may take into custody any alien with
respect to whom an application under section 503 has been filed
and, notwithstanding any other provision of law, may retain
such an alien in custody in accordance with the procedures
authorized by this title.
``(2) Special rules for permanent resident aliens.--An alien
lawfully admitted for permanent residence shall be entitled to
a release hearing before the judge assigned to hear the special
removal hearing. Such an alien shall be detained pending the
special removal hearing, unless the alien demonstrates to the
court that--
``(A) the alien, if released upon such terms and
conditions as the court may prescribe (including the
posting of any monetary amount), is not likely to flee,
and
``(B) the alien's release will not endanger national
security or the safety of any person or the community.
The judge may consider classified information submitted in
camera and ex parte in making a determination under this
paragraph.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a
judge of the special removal court denies the order
sought in an application with respect to an alien and
the Department of Justice does not seek review of such
denial, the alien shall be released from custody.
``(B) Application of regular procedures.--
Subparagraph (A) shall not prevent the arrest and
detention of the alien pursuant to title II.
``(b) Conditional Release If Order Denied and Review Sought.--
``(1) In general.--If a judge of the special removal court
denies the order sought in an application with respect to an
alien and the Department of Justice seeks review of such
denial, the judge shall release the alien from custody subject
to the least restrictive condition or combination of conditions
of release described in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United States Code,
that will reasonably assure the appearance of the alien at any
future proceeding pursuant to this title and will not endanger
the safety of any other person or the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, the alien shall
remain in custody until the completion of any appeal authorized
by this title.
``(c) Custody and Release After Hearing.--
``(1) Release.--
``(A) In general.--Subject to subparagraph (B), if
the judge decides pursuant to section 505(i) that an
alien should not be removed, the alien shall be
released from custody.
``(B) Custody pending appeal.--If the Attorney
General takes an appeal from such decision, the alien
shall remain in custody, subject to the provisions of
section 3142 of title 18, United States Code.
``(2) Custody and removal.--
``(A) Custody.--If the judge decides pursuant to
section 505(i) that an alien shall be removed, the
alien shall be detained pending the outcome of any
appeal. After the conclusion of any judicial review
thereof which affirms the removal order, the Attorney
General shall retain the alien in custody <greek-l>or,
if the alien was released pursuant to paragraph (1)(A),
shall take the alien into custody deg.and remove the
alien to a country specified under subparagraph (B).
``(B) Removal.--
``(i) In general.--The removal of an alien
shall be to any country which the alien shall
designate if such designation does not, in the
judgment of the Attorney General, in
consultation with the Secretary of State,
impair the obligation of the United States
under any treaty (including a treaty pertaining
to extradition) or otherwise adversely affect
the foreign policy of the United States.
``(ii) Alternate countries.--If the alien
refuses to designate a country to which the
alien wishes to be removed or if the Attorney
General, in consultation with the Secretary of
State, determines that removal of the alien to
the country so designated would impair a treaty
obligation or adversely affect United States
foreign policy, the Attorney General shall
cause the alien to be removed to any country
willing to receive such alien.
``(C) Continued detention.--If no country is willing
to receive such an alien, the Attorney General may,
notwithstanding any other provision of law, retain the
alien in custody. The Attorney General, in coordination
with the Secretary of State, shall make periodic
efforts to reach agreement with other countries to
accept such an alien and at least every 6 months shall
provide to the attorney representing the alien at the
special removal hearing a written report on the
Attorney General's efforts. Any alien in custody
pursuant to this subparagraph shall be released from
custody solely at the discretion of the Attorney
General and subject to such conditions as the Attorney
General shall deem appropriate.
``(D) Fingerprinting.--Before an alien is transported
out of the United States pursuant to this subsection,
or pursuant to an order of exclusion because such alien
is excludable under section 212(a)(3)(B), the alien
shall be photographed and fingerprinted, and shall be
advised of the provisions of section 276(b).
``(d) Continued Detention Pending Trial.--
``(1) Delay in removal.--Notwithstanding the provisions of
subsection (c)(2), the Attorney General may hold in abeyance
the removal of an alien who has been ordered removed pursuant
to this title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sentence of
confinement resulting from such a trial.
``(2) Maintenance of custody.--Pending the commencement of
any service of a sentence of confinement by an alien described
in paragraph (1), such an alien shall remain in the custody of
the Attorney General, unless the Attorney General determines
that temporary release of the alien to the custody of State
authorities for confinement in a State facility is appropriate
and would not endanger national security or public safety.
``(3) Subsequent removal.--Following the completion of a
sentence of confinement by an alien described in paragraph (1)
or following the completion of State criminal proceedings which
do not result in a sentence of confinement of an alien
releasedto the custody of State authorities pursuant to paragraph (2),
such an alien shall be returned to the custody of the Attorney General
who shall proceed to carry out the provisions of subsection (c)(2)
concerning removal of the alien.
``(e) Application of Certain Provisions Relating to Escape of
Prisoners.--For purposes of section 751 and 752 of title 18, United
States Code, an alien in the custody of the Attorney General pursuant
to this title shall be subject to the penalties provided by those
sections in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of a felony.
``(f) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the custody of
the Attorney General pursuant to this title shall be given
reasonable opportunity to communicate with and receive visits
from members of the alien's family, and to contact, retain, and
communicate with an attorney.
``(2) Diplomatic contact.--An alien in the custody of the
Attorney General pursuant to this title shall have the right to
contact an appropriate diplomatic or consular official of the
alien's country of citizenship or nationality or of any country
providing representation services therefore. The Attorney
General shall notify the appropriate embassy, mission, or
consular office of the alien's detention.''.
(b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--Section
106(b) of the Immigration and Nationality Act (8 U.S.C. 1105a(b)) is
amended by adding at the end the following sentence: ``Jurisdiction to
review an order entered pursuant to the provisions of section 235(c)
concerning an alien excludable under section 212(a)(3)(B) shall rest
exclusively in the United States Court of Appeals for the District of
Columbia Circuit.''.
(c) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b)
of such Act (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under
section 212(a)(3)(B) or who has been removed from the United
States pursuant to the provisions of title V, and who
thereafter, without the permission of the Attorney General,
enters the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned for a period
of 10 years, which sentence shall not run concurrently with any
other sentence.''.
(d) Elimination of Custody Review by Habeas Corpus.--Section 106(a)
of such Act (8 U.S.C. 1105a(a)) is amended--
(1) by adding ``and'' at the end of paragraph (8),
(2) by striking ``; and'' at the end of paragraph (9) and
inserting a period, and
(3) by striking paragraph (10).
(e) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to all
aliens without regard to the date of entry or attempted entry into the
United States.

SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

In addition to amounts otherwise appropriated, there are authorized
to be appropriated for each fiscal year (beginning with fiscal year
1996) $5,000,000 to the Immigration and Naturalization Service for the
purpose of detaining and removing alien terrorists.

PART 2--EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND FOR EXCLUSION.

(a) In General.--Section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I),
(B) in subclause (II), by inserting ``engaged in or''
after ``believe,'', and
(C) by inserting after subclause (II) the following:
``(III) is a representative of a
terrorist organization, or
``(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist
organization,''; and
(2) by adding at the end the following:
``(iv) Terrorist organization defined.--
``(I) Designation.--For purposes of
this Act, the term `terrorist
organization' means a foreign
organization designated in the Federal
Register as a terrorist organization by
the Secretary of State, in consultation
with the Attorney General, based upon a
finding that the organization engages
in, or has engaged in, terrorist
activity that threatens the national
security of the United States.
``(II) Process.--At least 3 days
before designating an organization as a
terrorist organization through
publication in the Federal Register,
the Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of the
House of Representatives and the Senate
of the intent to make such designation
and the findings and basis for
designation. The Secretary of State, in
consultation with the Attorney General,
shall create an administrative record
and may use classified information in
making such a designation. Such
information is not subject to
disclosure so long as it remains
classified, except that it may be
disclosed to a court ex parte and in
camera under subclause (III) for
purposes of judicial review of such a
designation. The Secretary of State, in
consultation with the Attorney General,
shall provide notice and an opportunity
for public comment prior to the
creation of the administrative record
under this subclause.
``(III) Judicial review.--Any
organization designated as a terrorist
organization under the preceding
provisions of this clause may, not
later than 30 days after the date of
the designation, seek judicial review
thereof in the United States Court of
Appeals for the District of Columbia
Circuit. Such review shall be based
solely upon the administrative record,
except that the Government may submit,
for ex parte and in camera review,
classified information considered in
making the designation. The court shall
hold unlawful and set aside the
designation if the court finds the
designation to be arbitrary,
capricious, an abuse of discretion, or
otherwise not in accordance with law,
lacking substantial support in the
administrative record <greek-l>put
Bryant amendment #3 here deg.taken as a
whole or in classified information
submitted to the court under the
previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
``(IV) Congressional authority to
remove designation.--The Congress
reserves the authority to remove, by
law, the designation of an organization
as a terrorist organization for
purposes of this Act.
``(V) Sunset.--Subject to subclause
(IV), the designation under this clause
of an organization as a terrorist
organization shall be effective for a
period of 2 years from the date of the
initial publication of the terrorist
organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the
Attorney General, may redesignate the
organization in conformity with the
requirements of this clause for
designation of the organization.
``(VI) Other authority to remove
designation.--The Secretary of State,
in consultation with the Attorney
General, may remove the terrorist
organization designation from any
organization previously designated as
such an organization, at any time, so
long as the Secretary publishes notice
of the removal in the Federal Register.
The Secretary is not required to report
to Congress prior to so removing such
designation.
``(v) Representative defined.--In this
subparagraph, the term `representative'
includes an officer, official, or spokesman of
the organization and any person who directs,
counsels, commands or induces the organization
or its members to engage in terrorist activity.
The determination by the Secretary of State or
the Attorney General that an alien is a
representative of a terrorist organization
shall be subject to judicial review.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.

SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

(a) In General.--Section 208(a) of the Immigration and Nationality
Act (8 U.S.C. 1158(a)) is amended by adding at the end the following:
``The Attorney General may not grant an alien asylum if the Attorney
General determines that the alien is excludable under subclause (I),
(II), or (III) of section 212(a)(3)(B)(i) or deportable under section
241(a)(4)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the date of the enactment of this Act and apply to asylum
determinations made on or after such date.

SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

(a) Withholding of Deportation.--Section 243(h)(2) of the Immigration
and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by adding at the
end the following new sentence: ``For purposes of subparagraph (D), an
alien who is described in section 241(a)(4)(B) shall be considered to
be an alien for whom there are reasonable grounds for regarding as a
danger to the security of the United States.''.
(b) Suspension of Deportation.--Section 244(a) of such Act (8 U.S.C.
1254(a)) is amended by striking ``section 241(a)(4)(D)'' and inserting
``subparagraph (B) or (D) of section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C.
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or''
after ``who is deportable''.
(d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C.
1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the following:
``, or (6) an alien who is deportable under section
241(a)(4)(B)''.
(e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is
amended by inserting ``and is not deportable under section
241(a)(4)(B)'' after ``ineligible to citizenship''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications filed before, on, or after such date if final action has
not been taken on them before such date.

Subtitle B--Expedited Exclusion

SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

(a) In General.--Subsection (b) of section 235 of the Immigration and
Nationality Act (8 U.S.C. 1225) is amended to read as follows:
``(b)(1)(A) If the examining immigration officer determines that an
alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or 212(a)(7),
and
``(ii) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States
without further hearing or review.
``(B) The examining immigration officer shall refer for an interview
by an asylum officer under subparagraph (C) any alien who is excludable
under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention
to apply for asylum under section 208 or a fear of persecution.
``(C)(i) An asylum officer shall promptly conduct interviews of
aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the interview that an
alien has a credible fear of persecution (as defined in clause (v)),
the alien shall be detained for an asylum hearing before an asylum
officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer determines that
the alien does not have a credible fear of persecution, the officer
shall order the alien excluded from the United States without further
hearing or review.
``(II) The Attorney General shall promulgate regulations to provide
for the immediate review by a supervisory asylum office at the port of
entry of a determination under subclause (I).
``(iv) The Attorney General shall provide information concerning the
asylum interview described in this subparagraph to aliens who may be
eligible. An alien who is eligible for such interview may consult with
a person or persons of the alien's choosing prior to the interview or
any review thereof, according to regulations prescribed by the Attorney
General. Such consultation shall be at no expense to the Government and
shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible fear of
persecution' means (I) that it is more probable than not that the
statements made by the alien in support of the alien's claim are true,
and (II) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer, that
the alien could establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer' means an
immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the condition in
clause (i).
``(E)(i) An exclusion order entered in accordance with subparagraph
(A) is not subject to administrative appeal, except that the Attorney
General shall provide by regulation for prompt review of such an order
against an alien who claims under oath, or as permitted under penalty
of perjury under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such claim under
such conditions, to have been lawfully admitted for permanent
residence.
``(ii) In any action brought against an alien under section 275(a) or
section 276, the court shall not have jurisdiction to hear any claim
attacking the validity of an order of exclusion entered under
subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the examining
immigration officer determines that an alien seeking entry is not
clearly and beyond a doubt entitled to enter, the alien shall be
detained for a hearing before a special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section 273(d) exist.
``(3) The decision of the examining immigration officer, if favorable
to the admission of any alien, shall be subject to challenge by any
other immigration officer and such challenge shall operate to take the
alien whose privilege to enter is so challenged, before a special
inquiry officer for a hearing on exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(1),
deportation'', and
(2) in the first sentence of paragraph (2), by striking
``If'' and inserting ``Subject to section 235(b)(1), if''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 90
days after the date of the enactment of this Act.

SEC. 622. JUDICIAL REVIEW.

(a) Preclusion of Judicial Review.--Section 106 of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to review
any individual determination, or to entertain any other cause or claim,
arising from or relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim, or the
party or parties bringing the action, no court shall have jurisdiction
or authority to enter declaratory, injunctive, or other equitable
relief not specifically authorized in this subsection nor to certify a
class under Rule 23 of the Federal Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be available in
habeas corpus proceedings, and shall be limited to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that the petitioner's claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially excluded
under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a preponderance of
the evidence that the petitioner is an alien lawfully admitted
for permanent residence and is entitled to such review as is
provided by the Attorney General pursuant to section
235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien was not
ordered specially excluded, or was not properly subject to special
exclusion under the regulations adopted by the Attorney General, the
court may order no relief beyond requiring that the alien receive a
hearing in accordance with section 236, or a determination in
accordance with section 235(c) or 273(d).
``(4) In determining whether an alien has been ordered specially
excluded, the court's inquiry shall be limited to whether such an order
was in fact issued and whether it relates to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such Act (8
U.S.C. 1225) is amended by adding at the end the following new
subsection:
``(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275 or section
276, no court shall have jurisdiction to hear claims collaterally
attacking the validity of orders of exclusion, special exclusion, or
deportation entered under this section or sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106 in the
table of contents of such Act is amended to read as follows:

``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.

SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

(a) In General.--Section 241 of the Immigration and Nationality Act
(8 U.S.C. 1251) is amended by adding at the end the following new
subsection:
``(d) Notwithstanding any other provision of this title, an alien
found in the United States who has not been admitted to the United
States after inspection in accordance with section 235 is deemed for
purposes of this Act to be seeking entry and admission to the United
States and shall be subject to examination and exclusion by the
Attorney General under chapter 4. In the case of such an alien the
Attorney General shall provide by regulation an opportunity for the
alien to establish that the alien was so admitted.''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on the first day of the first month beginning more than 90 days
after the date of the enactment of this Act.

Subtitle C--Improved Information and Processing

PART 1--IMMIGRATION PROCEDURES

SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.

(a) Legalization Program.--Section 245A(c)(5) of the Immigration and
Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
(1) by inserting ``(i)'' after ``except that the Attorney
General'', and
(2) by inserting after ``title 13, United States Code'' the
following: ``and (ii) may authorize an application to a Federal
court of competent jurisdiction for, and a judge of such court
may grant, an orderauthorizing disclosure of information
contained in the application of the alien to be used--
``(I) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
``(II) for criminal law enforcement purposes against
the alien whose application is to be disclosed if the
alleged criminal activity occurred after the
legalization application was filed and such activity
involves terrorist activity or poses either an
immediate risk to life or to national security, or
would be prosecutable as an aggravated felony, but
without regard to the length of sentence that could be
imposed on the applicant''.
(b) Special Agricultural Worker Program.--Section 210(b) of such Act
(8 U.S.C. 1160(b)) is amended--
(1) in paragraph (5), by inserting ``, except as allowed by a
court order issued pursuant to paragraph (6)'' after ``consent
of the alien'', and
(2) in paragraph (6), by inserting after subparagraph (C) the
following:
``Notwithstanding the previous sentence, the Attorney General
may authorize an application to a Federal court of competent
jurisdiction for, and a judge of such court may grant, an order
authorizing disclosure of information contained in the
application of the alien to be used (i) for identification of
the alien when there is reason to believe that the alien has
been killed or severely incapacitated, or (ii) for criminal law
enforcement purposes against the alien whose application is to
be disclosed if the alleged criminal activity occurred after
the special agricultural worker application was filed and such
activity involves terrorist activity or poses either an
immediate risk to life or to national security, or would be
prosecutable as an aggravated felony, but without regard to the
length of sentence that could be imposed on the applicant.''.

SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
FOR VISAS.

Section 212(b) of the Immigration and Nationality Act (8 U.S.C.
1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B);
(2) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(3) by adding at the end the following new paragraph:
``(2) With respect to applications for visas, the Secretary of State
may waive the application of paragraph (1) in the case of a particular
alien or any class or classes of aliens excludable under subsection
(a)(2) or (a)(3).''.

PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

Section 982 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after paragraph (5) the
following new paragraph:
``(6) The court, in imposing sentence on a person convicted of a
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544,
or 1546 of this title, or a violation of, or conspiracy to violate,
section 1028 of this title if committed in connection with passport or
visa issuance or use, shall order that the person forfeit to the United
States any property, real or personal, which the person used, or
intended to be used, in committing, or facilitating the commission of,
the violation, and any property constituting, or derived from, or
traceable to, any proceeds the person obtained, directly or indirectly,
as a result of such violation.''; and
(2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' after
``(a)(2)''.

SEC. 642. SUBPOENAS FOR BANK RECORDS.

Section 986(a) of title 18, United States Code, is amended by
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 643. EFFECTIVE DATE.

The amendments made by this subtitle shall take effect on the first
day of the first month that begins more than 90 days after the date of
the enactment of this Act.

Subtitle D--Employee Verification by Security Services Companies

SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO REQUEST ADDITIONAL
DOCUMENTATION.

(a) In General.--Section 274B(a)(6) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(6)) is amended--
(1) by striking ``For purposes'' and inserting ``(A) Except
as provided in subparagraph (B), for purposes'', and
(2) by adding at the end the following new subparagraph:
``(B) Subparagraph (A) shall not apply to a request made in
connection with an individual seeking employment in a company
(or division of a company) engaged in the business of providing
security services to protect persons, institutions, buildings,
or other possible targets of terrorism (as defined in section
2331(1) of title 18, United States Code).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to requests for documents made on or after the date of the
enactment of this Act with respect to individuals who are or were hired
before, on, or after the date of the enactment of this Act.

TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for each of fiscal years 1996
through 2000 to the Federal Bureau of Investigation such sums as are
necessary--
(1) to hire additional personnel, and to procure equipment,
to support expanded investigations of domestic and
international terrorism activities;
(2) to establish a Domestic Counterterrorism Center to
coordinate and centralize Federal, State, and local law
enforcement efforts in response to major terrorist incidents,
and as a clearinghouse for all domestic and international
terrorism information and intelligence; and
(3) to cover costs associated with providing law enforcement
coverage of public events offering the potential of being
targeted by domestic or international terrorists.

SEC. 702. CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS.

Public Law 103-414 is amended by adding at the end the following:

``TITLE IV--CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS

``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

``(a) Imposition.--Notwithstanding any other provision of law, and
subject to section 402(c) of this title, a surcharge of 40 percent of
the principal amount of a civil monetary penalty shall be added to each
civil monetary penalty at the time it is assessed by the United States
or an agency thereof.
``(b) Application of Payments.--Payments relating to a civil monetary
penalty shall be applied in the following order: (1) to costs; (2) to
principal; (3) to surcharges required by subsection (a) of this
section; and (4) to interest.
``(c) Effective Dates.--(1) A surcharge under subsection (a) of this
section shall be added to all civil monetary penalties assessed on or
after October 1, 1995, or the date of enactment of this title,
whichever is later.
``(2) The authority to add a surcharge under this section shall
terminate on October 1, 1998.
``(d) Limitation.--The provisions of this section shall not apply to
any civil monetary penalty assessed under title 26, United States Code.

``SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE
FUND.

``(a) Establishment of Fund.--There is hereby established in the
United States Treasury a fund to be known as the Department of Justice
Telecommunications Carrier Compliance Fund (hereinafter referred to as
`the Fund'), which shall be available to the Attorney General to the
extent and in the amounts authorized by subsection (c) of this section
to make payments to telecommunications carriers, as authorized by
section 109.
``(b) Offsetting Collections.--Notwithstanding section 3302 of title
31, United States Code, the Attorney General may credit surcharges
added pursuant to section 401 of this title to the Fund as offsetting
collections.
``(c) Requirements for Appropriations Offset.--(1) Surcharges added
pursuant to section 401 of this title are authorized only to the extent
and in the amounts provided for in advance in appropriations acts.
``(2)(A) Collections credited to the Fund are authorized to be
appropriated in such amounts as may be necessary, but not to exceed
$100,000,000 in fiscal year 1996, $305,000,000 in fiscal year 1997, and
$80,000,000 in fiscal year 1998.
``(B) Amounts described in subparagraph (A) of this paragraph are
authorized to be appropriated without fiscal year limitation.
``(d) Termination.--(1) The Attorney General may terminate the Fund
at such time as the Attorney General determines that the Fund is no
longer necessary.
``(2) Any balance in the Fund at the time of its termination shall be
deposited in the general fund of the Treasury.
``(3) A decision of the Attorney General to terminate the Fund shall
not be subject to judicial review.

``SEC. 403. DEFINITIONS.

``For purposes of this title, the terms `agency' and `civil monetary
penalty' have the meanings given to them by section 3 of the Federal
Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410,
Oct. 5, 1990, 104 Stat. 890 (28 U.S.C. 2461 note).''.

SEC. 703. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

The Attorney General may award grants in consultation with the
Federal Emergency Management Agency for the purposes of providing
specialized training or equipment to enhance the capability of
metropolitan fire and emergency service departments to respond to
terrorist attacks. To carry out the purposes of this section, there is
authorized to be appropriated $5,000,000 for fiscal year 1996.

SEC. 704. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE
DETECTION DEVICES AND OTHER COUNTER-TERRORISM
TECHNOLOGY.

There is authorized to be appropriated not to exceed $10,000,000 for
each fiscal year to the Attorney General to provide assistance to
foreign countries facing an imminent danger of terrorist attack that
threatens the national interest of the United States or puts United
States nationals at risk--
(1) in obtaining explosive detection devices and other
counter-terrorism technology; and
(2) in conducting research and development projects on such
technology.

SEC. 705. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM
TECHNOLOGIES.

There are authorized to be appropriated not to exceed $10,000,000 to
the National Institute of Justice Science and Technology Office--
(1) to develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives, chemicals, and
persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy of products
produced and compatibility with relevant national systems; and
(3) to identify and assess requirements for technologies to
assist State and local law enforcement in the national program
to combat terrorism.

TITLE VIII--MISCELLANEOUS

SEC. 801. MACHINE READABLE VISAS AND PASSPORTS.

Section 140(a) of the Foreign Relations Authorization Act, Fiscal
Years 1994 and 1995 (Public Law 103-236) is amended--
(1) by striking paragraphs (2) and (3) and inserting the
following:
``(2) For fiscal years 1996 and 1997, not more than
$250,000,000 in fees collected under the authority of paragraph
(1) shall be deposited as an offsetting collection to any
Department of State appropriation to recover the costs of the
Department of State's border security program, including the
costs of--
``(A) installation and operation of the machine
readable visa and automated name-check process;
``(B) improving the quality and security of the
United States passport;
``(C) passport and visa fraud investigations; and
``(D) the technological infrastructure to support and
operate the programs referred to in subparagraphs (A)
through (C).
Such fees shall remain available for obligation until expended.
``(3) For any fiscal year, fees collected under the authority
of paragraph (1) in excess of the amount specified for such
fiscal year under paragraph (2) shall be deposited in the
general fund of the Treasury as miscellaneous receipts.''; and
(2) by striking paragraph (5).

SEC. 802. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND
USE OF HIGH EXPLOSIVES.

The Secretary of the Treasury, in consultation with the Federal
Bureau of Investigation, shall conduct a study of State licensing
requirements for the purchase and use of commercial high explosives,
including detonators, detonating cords, dynamite, water gel, emulsion,
blasting agents, and boosters. Not later than 180 days after the date
of the enactment of this Act, the Secretary shall report to Congress
the results of this study, together with any recommendations the
Secretary determines are appropriate.

SEC. 803. COMPENSATION OF VICTIMS OF TERRORISM.

(a) Requiring Compensation for Terrorist Crimes.--Section 1403(d)(3)
of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) is
amended--
(1) by inserting ``crimes involving terrorism,'' before
``driving while intoxicated''; and
(2) by inserting a comma after ``driving while intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting ``are
outside the United States (if the compensable crime is terrorism, as
defined in section 2331 of title 18, United States Code), or'' before
``are States not having''.

SEC. 804. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

(a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(7) not otherwise covered by paragraph (2), in which money
damages are sought against a foreign state for personal injury
or death that was caused by an act of torture, extrajudicial
killing, aircraft sabotage, hostage taking, or the provision of
material support or resources (as defined in section 2339A of
title 18) for such an act if such act or provision of material
support is engaged in by an official, employee, or agent of
such foreign state while acting within the scope of his or her
office, employment, or agency, except that--
``(A) an action under this paragraph shall not be
instituted unless the claimant first affords the
foreign state a reasonable opportunity to arbitrate the
claim in accordance with accepted international rules
of arbitration;
``(B) an action under this paragraph shall not be
maintained unless the act upon which the claim is based
occurred while the individual bringing the claim was a
national of the United States (as that term is defined
in section 101(a)(22) of the Immigration and
Nationality Act); and
``(C) the court shall decline to hear a claim under
this paragraph if the foreign state against whom the
claim has been brought establishes that procedures and
remedies are available in such state which comport with
fundamental fairness and due process.''; and
(2) by adding at the end the following new subsection:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given that
term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking the period at the end of paragraph
(6) and inserting ``, or''; and
(B) by adding at the end the following new paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon which
the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of such
title is amended--
(A) by striking ``or (5)'' and inserting ``(5), or
(7)''; and
(B) by striking ``used for the activity'' and
inserting ``involved in the act''.
(c) Applicability.--The amendments made by this title shall apply to
any cause of action arising before, on, or after the date of the
enactment of this Act.

SEC. 805. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL MATERIAL ON THE
MAKING OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS
OF MASS DESTRUCTION.

(a) Study.--The Attorney General, in consultation with such other
officials and individuals as the Attorney General deems appropriate,
shall conduct a study concerning--
(1) the extent to which there are available to the public
material in any medium (including print, electronic, or film)
that instructs how to make bombs, other destructive devices,
and weapons of mass destruction;
(2) the extent to which information gained from such material
has been used in incidents of domestic and international
terrorism;
(3) the likelihood that such information may be used in
future incidents of terrorism; and
(4) the application of existing Federal laws to such
material, the need and utility, if any, for additional laws,
and an assessment of the extent to which the First Amendment
protects such material and its private and commercial
distribution.
(b) Report.--Not later than 180 days after the date of the enactment
of this Act, the Attorney General shall submit to the Congress a report
that contains the results of the study required by this section. The
Attorney General shall make the report available to the public.

SEC. 806. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF
GOVERNMENT EMPLOYEES.

(a) Findings.--Congress finds that--
(1) threats of violence and acts of violence are mounting
against Federal, State, and local government employees and
their families in attempts to stop public servants from
performing their lawful duties;
(2) these acts are a danger to our constitutional form of
government; and
(3) more information is needed as to the extent of the danger
and its nature so that steps can be taken to protect public
servants at all levels of government in the performance of
their duties.
(b) Statistics.--The Attorney General shall acquire data, for the
calendar year 1990 and each succeeding calendar year about crimes and
incidents of threats of violence and acts of violence against Federal,
State, and local government employees in performance of their lawful
duties. Such data shall include--
(1) in the case of crimes against such employees, the nature
of the crime; and
(2) in the case of incidents of threats of violence and acts
of violence, including verbal and implicit threats against such
employees, whether or not criminally punishable, which deter
the employees from the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish guidelines for
the collection of such data, including what constitutes sufficient
evidence of noncriminal incidents required to be reported.
(d) Annual Publishing.--The Attorney General shall publish an annual
summary of the data acquired under this section. Otherwise such data
shall be used only for research and statistical purposes.

Purpose and Summary

On May 25, 1995, Judiciary Committee Chairman Henry J. Hyde
introduced the ``Comprehensive Antiterrorism Act of 1995''
(H.R. 1710). The introduction of this legislation was the
result of several months of study and discussion with experts
as to how best provide an increased level of safety and
security to the American public. The bill is a recognition that
there is a need to update certain criminal statutes and amend
immigration law so as to respond to the serious and growing
threat of terrorism. The legislation is intended to strengthen
the ability of the United States to deter terrorist acts and to
punish those who engage in terrorism.
The origin of this legislation dates back several years
and, unfortunately, is tied to a series of tragic events that
have shocked the civilized world. Among those events,
documenting the international terrorist threat, are: (1) the
terrorist bombing of Pan Am 103 over Lockerbie, Scotland; (2)
the kidnapping and murder of Marine Colonel William Higgins by
members of the Hizballah in the Middle East; (3) the bombing of
the World Trade Center in New York; and (4) the investigation
leading to the arrest and conviction of Aldrich Ames, a spy
whose treasonous acts have almost certainly led to the death of
numerous other government operatives. With the bombing of the
Alfred P. Murrah Federal Building in Oklahoma City, on April
19, 1995, the need for this legislation was dramatically and
tragically reinforced. Each of these events point to the
seriousness of the terrorist threat; they also point out
certain gaps in our criminal statutes.
We need to have the investigative and enforcement tools
necessary to protect ourselves and to punish terrorist
criminals. This legislation would establish significant and
meaningful penalties for those who undertake criminal
activities in the name of political change. The bill also
closes certain loopholes in our immigration laws and
strengthens border control efforts.
There is no more important responsibility of government
than to protect the lives and safety of its citizens. The
fundamental purpose of this legislation, then, is to provide
our law enforcement agencies--within carefully prescribed
constitutional boundaries--with the tools necessary to prevent
and punish criminal terrorist enterprises.
Title I of H.R. 1710 establishes new federal criminal
offenses directed at terrorist activities inside the United
States. It outlaws the murder of federal employees and
prohibits terrorist acts that transcend national boundaries. It
provides criminal jurisdiction to the United States to
investigate and prosecute terrorist offenses carried out by or
against American citizens, as well as to terrorist offenses
that are planned inside the United States, but carried out
overseas. Title I also prohibits foreign terrorist groups from
using the United States as a source of funding for their
activities. It bans all fundraising activity in the United
States on behalf of those organizations that are determined to
be terrorist.
Title II amends current law so as to more effectively
punish criminal conspiracies that can occur in a terrorist
context. Our evidentiary rules correctly recognize the danger
of joint criminal ventures, but only in some instances do our
criminal laws allow for parallel sentences to be imposed for
both the substantive offense and the conspiracy.
Title II will increase penalties for some of the most
serious and threatening criminal acts. For instance, H.R. 1710
would amend Section 844(f) of Title 18 to create mandatory
minimum sentences and increased statutory maximum penalties for
bombings that result in harm to innocents. For a bombing that
results only in property damage, where no injury nor risk of
injury occurred to any person, a potential prison term up to
twenty-five years is established. When the bombing risks
serious bodily injury or death, the penalty becomes no less
than twenty years and up to twenty-five years in jail. If
actual injury occurs, the statutory sentence range will be
twenty years to forty years. Finally, if death results from the
bombing, the offender will face a mandatory minimum sentence of
thirty years to life imprisonment, but could be sentenced to
death for the offense.1
\1\ Current 18 U.S.C. Sec. 844(f) simply supplies a 20 year
statutory maximum sentence in all bombing cases under that section,
which do not result in death, even if serious injury did result. It
does provide a death penalty in capital bombing cases, but no mandatory
minimum penalty.
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Title III provides additional investigative tools to our
law enforcement agencies. It adds specific criminal
violations--those considered traditional terrorist-type
offenses--to the list of violations currently found in the
wiretap statute (and upon which a wiretap may be sought). The
predicate Title 18 offenses added under H.R. 1710 are: violence
against foreign nations (Sec. 956 or 960); violence against
officers and employees of the United States (Sec. 1114); murder
of foreign and official guests or internationally protected
persons (Sec. 1116); terrorist acts abroad (Sec. 2332); use of
weapons of mass destruction (Sec. 2332a); acts of terrorism
transcending national boundaries (Sec. 2332b); providing
material support to terrorists (Sec. 2339A); violence at
international airports (Sec. 37); and the felony use of
explosives (Sec. 842). These amendments would authorize, within
a valid constitutional framework, electronic surveillance of
potential perpetrators of highly dangerous criminal
activity.2 It also modifies the emergency and multipoint
or ``roving'' wiretap provisions contained in current law. 18
U.S.C. 2518(7), (11). These amendments are consistent with
current Fourth Amendment jurisprudence.
\2\ It should be noted that the wiretap statute is not solely the
domain of federal law enforcement agencies. State and local law
enforcement agencies can also use these statutes for their
investigations, as well. So, authorizing these additions to the wiretap
statutory scheme will enable and empower all of America's law enforcers
to combat terrorism at the investigatory level, before catastrophe
strikes.
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Title III also establishes a new definition of terrorism
that will apply to international and domestic terrorist
offenses, alike. Currently, Title 18 only defines international
terrorism. See 18 U.S.C. Sec. 2331. Like the existing
definition, the new definition does not create any new federal
crimes. It does not confer federal jurisdiction over any act,
if the United States does not already have criminal
jurisdiction over that act. Also, it does not create any new
criminal offenses. It simply categorizes certain existing
federal crimes as ``terrorist'' if motivated to affect the
conduct of government or social policy. It is necessary to
define this category of offenses because there are three
specific areas in the criminal code that rely on a statutory
definition of terrorism: (a) the Attorney General's reward
authority in terrorism cases; (b) civil suits that can be
pursued that arise out of a terrorist act; and (c) sentencing
enhancement.
Title IV strengthens our criminal laws with respect to the
unlawful possession, use, transfer, and trafficking in nuclear
materials. The break-up of the former Soviet Union has caused a
significant increase in the unlawful distribution of nuclear
materials throughout the world. This title will help protect
against unchecked availability of these materials to terrorists
and other criminal offenders.
Title V codifies and implements the ``Convention on the
Marking of Plastic Explosives for the Purpose of Detection,
Done at Montreal on 1 March 1991.'' This title requires that
all plastic explosives manufactured, transported, or possessed,
after a date certain, must contain particular chemical agents
that will make them easier to detect prior to detonation.
Title VI makes needed, overdue changes in our immigration
laws. It establishes new procedures for the removal of aliens
engaged in or likely to engage in terrorist activity. These
procedures would allow the government to use classified
information to deport terrorists, without risking the public
disclosure of that information. Thus, the evidence can be used
without risking a disclosure that would jeopardize the national
security interests of the United States or would likely cause
serious injury or death.
Currently, the immigration laws do not allow any foreign
national, terrorist or not, to be deported from the United
States without giving that alien access to all information
supporting the case for deportation. In situations where
classified, and highly sensitive information is provided to the
United States by a foreign government, or by an individual who
fears for his life, the government is prevented from removing
the terrorist or potential terrorist from the United States.
This is true no matter how credible and reliable the classified
information that the foreign national is, in fact, a terrorist.
Thus, the provisions contained in Title VI will allow the
government, for deportation purposes only, to utilize the
classified information against foreign nationals alleged to be
terrorists. That finding must be made by a U.S. district court
judge. Before the judge can order the alien's deportation, the
judge must find that there is clear and convincing reliable
evidence supporting the terrorist allegation.3
\3\ The Supreme Court has stated that permanent legal resident
aliens enjoy a greater liberty interest than other classes of aliens in
remaining in the United States, see Landon v. Plasencia, 459 U.S. 21,
34 (1982); Mathews v. Eldridge, 424 U.S. 319, 333 (1979); see also
Rafeedie v. Immigration and Naturalization Service, 880 F.2d 506, 520,
522 (D.C. Cir. 1989). In light of this, additional procedural
protections are supplied for those particular aliens facing deportation
under this special procedure. For those individuals, a special attorney
will be selected from a panel of attorneys who have been given security
clearances by the government. The attorney will be appointed by the
presiding judge. The special attorney will have an opportunity to
review all of the classified information and to challenge the veracity
and reliability of the classified information supporting the terrorist
allegation. The appointment of the special attorney will benefit the
court in its determination of the truth of the underlying allegations
informing its decision of whether or not to deport the foreign
national. The legal permanent resident alien also benefits from this
additional process because he is given an opportunity to have the
classified facts challenged by cross-examination. He can be secure in
the knowledge that he will not suffer deportation without having the
evidence against him directly confronted by the special attorney.
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Title VI, section 621, also establishes an expedited asylum
procedure for those individuals who arrive in the United States
without proper immigration documents and fail to demonstrate a
credible fear of persecution in their countries of origin. This
provision would assist in discouraging alien terrorists from
seeking asylum in the United States.
Section 623 of title VI subjects illegal aliens to
exclusion from the United States following an administrative
adjudication where the alien is found to have unlawfully
entered the United States. Once such a finding is made, the
alien will be subject to expulsion, subject only to
administrative review of the exclusion order and habeas corpus
protections. This type of expedited expulsion procedure will
apply regardless of the length of time the illegal entrant has
been unlawfully present within the United States. The provision
recognizes that there is an obvious and fundamental difference
between aliens, who entered the United States lawfully and
later become deportable, and those whose initial entry was
wholly illegal.
Title VII authorizes funding for the Federal Bureau of
Investigation to hire additional personnel to support law
enforcement efforts aimed at terrorist activity. These
provisions also would authorize the establishment of a domestic
counterterrorism center and finance other additional costs
associated with preventive efforts by federal law enforcement
to interdict future terrorist crimes.
Section 702 proposes a civil monetary penalty surcharge as
a means of funding essential technologies so that law
enforcement will be provided with an on-going capability to
engage in legitimate electronic surveillance. With the dawn of
digital telecommunications technologies, the effectiveness of
this law enforcement tool is jeopardized. In the 103rd
Congress, the ``Digital Telephony Act'' was passed (Pub. L.
103-414). That law established the policy that the United
States would assume the responsibility to pay for the
development of new digital telecommunications technologies for
surveillance purposes. The monies raised from the surcharge
would be deposited into a telecommunications trust fund,
subject to annual appropriations.
Sections 703, 704 and 705 also authorize various
appropriations that will train and enable local emergency
departments to more effectively respond to the terrorist
threat, and to facilitate the development of counterterrorism
technologies.
Title VIII deals with miscellaneous law enforcement issues.
Importantly, section 801 provides a funding mechanism for the
development of machine readable visas and passports, which will
only be used to enhance border protection.
Section 804 would amend the Foreign Sovereign Immunities
Act so as to grant federal court jurisdiction over cases
brought by U.S. citizens seeking damages against a foreign
state for certain acts. Specifically, it would authorize suits
alleging extrajudicial killing, torture, aircraft sabotage or
hostage-taking undertaken by, or on behalf of, a foreign
government. The plaintiff must have been a U.S. citizen at the
time of the state-sponsored terrorist action.
In summary, H.R. 1710 would provide law enforcement with
the necessary capabilities to combat terrorism. Most
importantly, it does so within carefully defined constitutional
parameters. This bill provides practical, reasonable,
innovative methods and tools for law enforcement officers
confronted by the ever-expanding threat of terrorism.

Background and Need for the Legislation

Terrorism potentially affects all Americans, both at home
and abroad. It threatens our public safety, restricts the
freedom to travel, and reduces our sense of personal security.
Nothing is more potentially threatening or destructive.
Innocents are annihilated. Families are destroyed. There are
numerous tragic examples of terrorism's victims, including:
the bombing of a German discotheque killing American
military personnel;
the bombing of the U.S. Embassy in Beirut;
the bombing of Pan Am Flight 103;
the hostage takings of Americans in the Middle East;
the torture and murder of U.S. Marine Colonel William
``Rich'' Higgins;
the murder of American tourist Leon Klinghoffer;
the murders of American Foreign Service personnel in
Karachi, Pakistan;
the murders of CIA employees at the gates of the CIA
in McLean, Virginia; and
the 10 bombings in the Washington, D.C. area since
1982 by estranged segments of our society, each
advancing a different radical political cause.
All of these events, and numerous others like them,
underscore our vulnerability to random, unpredictable acts of
terrorism. We need only observe the poison gassing of the Tokyo
subway system, the decapitation of the Norwegian tourist in
India, and the recent bombings near tourist attractions in
Paris, to understand that the victims of terrorism typically
have no relationship to the cause motivating the crime.
Because of America's successes economically and militarily,
the United States is a particularly attractive target for
terrorists. Terrorists hope that their attacks on U.S. citizens
or U.S. military personnel will bring publicity and attention
to their cause.
In 1993, a group of Iraqi operatives were discovered
plotting the assassination of former President George Bush,
which was to occur during his private visit to the Emirate of
Kuwait. 4 Also in 1993, a transnational group of
terrorists was caught plotting to bomb UN buildings, federal
facilities, and the Lincoln and Holland tunnels in New York
City. Those transnational conspirators were recently convicted
by a federal jury in New York City of attempting to wage ``an
urban guerilla holy war'' against the United States. Also, U.S.
intelligence sources learned of an international conspiracy to
bomb several American airliners that were scheduled to depart
from the Philippine Islands. As a result, major losses in human
life were averted. Sadly, however, that very same year
witnessed the murder of six people, serious injury to thousands
more, plus more than half a billion dollars in property damage
in the heart of Manhattan, when a transnational terrorist
group's car-bomb exploded in the parking garage beneath the
World Trade Center.
\4\ In 1991, President Bush organized and led the world community
in a successful military effort against Iraq for its unprovoked
aggression against the Emirate of Kuwait.
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In 1994, the FBI disrupted a homegrown terrorist conspiracy
of at least two men associated with a ``militia'' group--the
``Patriots Council''--in Minneapolis. Those men planned to
create and release Ricin, an extremely toxic and effective
neurotoxin--made from castor beans--against law enforcement
personnel in that locality.
Then, in 1995, on April 19th, just thirteen days after the
Judiciary Committee's first hearing focusing on the terrorist
threat, 168 people, including dozens of children, were
indiscriminately slain in downtown Oklahoma City. The device
used was a 5,000 pound bomb, which was created from ammonium
nitrate (a commonly used and very effective fertilizer), fuel
oil, and an acceleration device. That bomb ripped off the
entire face of the Alfred P. Murrah Federal Building, and the
entire nation mourned.
This nation, and her law enforcement authorities--federal,
state, and local--must be prepared to respond effectively, and
immediately, to terrorist acts when they occur. But, more
importantly, law enforcement at all levels must be given
reasonable and legitimate investigative tools to enhance their
capability of thwarting, frustrating, and preventing terrorist
acts before they result in death and destruction. Looking to
past successes, without recognizing the ever-changing face of
terrorism and its technologies, would be foolhardy.
In responding to the terrorist threat, Congress must do
whatever it can, consistent with our constitutional framework,
to deny terrorist criminals what they most desire: widespread
fear and inaction. Congress must provide the necessary tools to
law enforcement to successfully deter terrorism, or when it
takes place, to prosecute and punish such crimes.

terrorist fundraising activities

The trademark of the terrorist is to paralyze the
operations of government by substituting guns, bombs, torture,
or hijacking, for legitimate political discourse. The bombings
of the Murrah Building and the World Trade Center dramatically
demonstrate the need to consider measures aimed at enhancing
the security of the United States.
Among other things, section 102 of H.R. 1710 would strictly
prohibit terrorist fundraising in the United States.
Ironically, despite many terrorists' pronounced hatred for the
United States, terrorist organizations have recognized this
country's potential as a source of funds for their illegal
activities.
Terrorist organizations have developed sophisticated
international networks that allow them great freedom of
movement, and opportunity to strike, including inside the
United States. They are attracting a more qualified cadre of
``believers'' with greater technical skills. Several terrorist
groups have established footholds within ethnic or resident
alien communities in the United States. Many of these
organizations operate under the cloak of a humanitarian or
charitable exercise, or are wrapped in the blanket of religion.
They use the mantle of religion to protect themselves from
scrutiny, and thus operate largely without fear of
recrimination. This legislation severely restricts the ability
of terrorist organizations to raise much needed funds for their
terrorist acts within the United States. As a matter of strict
public policy, the United States must not be used as a staging
ground for those who seek to commit acts of terrorism against
persons in other countries. The Committee is confidant that
these provisions are wholly consistent with our Constitution.
The Supreme Court did recognize the confluence of First
Amendment rights and law enforcement investigations in City of
Houston v. Hill, 482 U.S. 451, 471 (1987), when it noted:

We are mindful that the preservation of liberty
depends in part upon the maintenance of social order.
[citation omitted]. But the First Amendment recognizes,
wisely we think, that a certain amount of excessive
disorder not only is inevitable in a society committed
to freedom, but must itself be protected if that
freedom would survive.

But, the First Amendment does not totally preclude
restrictions on speech or expressive conduct. The government
has a legitimate interest, if not a compelling interest, in
enforcing its criminal laws. Persons may be investigated when
their speech advocates, directs, or induces, a violation of
law, or manifests an intent to violate the law. In such cases,
however, the government does have an obligation to carefully
tailor its investigations to specifically achieve a law
enforcement purpose. See Clark v. Library of Congress, 750 F.2d
89 (D.C. Cir. 1985).
The First Amendment protects one's right to associate with
groups that are involved in both legal and illegal activities.
The Supreme Court held in Elfbrandt v. Russell, 384 U.S. 11
(1966), that an individual cannot be restricted from joining
such a group. The Court noted that, ``[a] `blanket prohibition
of association with a group having both legal and illegal aims'
would pose a `real danger that legitimate political expression
or association would be impaired.' '' Id. at 15 (citing Scales
v. United States, 367 U.S. 203, 229 (1961)).
It is important to recognize that Elfbrandt, and its
progeny, however, are not implicated by Section 102 of H.R.
1710. This provision does not attempt to restrict a person's
right to join an organization. Rather, the restriction only
affects one's contribution of financial or material resources
to a foreign organization that has been designated as a threat
to the national security of the United States. The prohibition
is on the act of donation. There is no proscription on one's
right to think, speak, or opine in concert with, or on behalf
of, such an organization. The basic protection of free
association afforded individuals under the First Amendment
remains in place. The First Amendment's protection of the right
of association does not carry with it the ``right'' to finance
terrorist, criminal activities.
The rights guaranteed by the First Amendment are also not
absolute. Under our constitutional scheme of ordered liberties,
no one can be absolutely free from reasonable governmental
restrictions that protect the public in a broader sense.\5\
Section 102 is clearly a reasonable effort to protect our
citizens and the world from terrorism, financed by fundraising
activities conducted in America.
\5\ The Founding Fathers understood this. Evidence of this is the
specific inclusion of the word ``reasonable'' in the text of the Fourth
Amendment.
---------------------------------------------------------------------------
In CSC v. Letter Carriers, 413 U.S. 548, 567 (1973), the
Supreme Court upheld a statute that substantially restricted
the political activities of federal employees. The First
Amendment clearly protects political speech. But the Court
stated, however, that it regarded certain activities plainly
governable by Congress, including the right to participate in
fundraising events. The Court held that ``neither the right to
associate nor the right to participate in political activities
is absolute.'' Id.
Similarly, in Buckley v. Valeo, 424 U.S. 1 (1976), the
Court upheld the constitutionality of certain provisions of the
Federal Election Campaign Act. As to the contribution
provisions of the Act, the Court stated that ``[t]he
contribution ceilings [of the Act] serve the basic governmental
interests in safeguarding the integrity of the electoral
process, without impinging upon the rights of individuals and
candidates to engage in political debate and discussion.'' Id.
at 84.
The government's interest in preventing the financing of
terrorist activity is certainly as great as its interest in
maintaining a corruption free electoral process. ``The
legitimacy of the objective of safeguarding our national
security is `obvious and unarguable.' '' Haig, 453 U.S. 280,
305 (1981) (citing Aptheker v. Secretary of State, 378 U.S.
500, (1964)).
The prohibition is not based upon the message or opinions
espoused by a particular organization. Rather, the criminal
prohibition is based on the documented illegal acts of that
organization. In Zemel v. Rusk, 381 U.S. 1 (1965), the Supreme
Court upheld the right of the Secretary of State to validate
the passports of U.S. citizens for travel to Cuba. The
Secretary of State made no effort to deny passports selectively
on the basis of political belief or affiliation, but simply
imposed a general ban on travel to Cuba following the break in
diplomatic and consular relations with that country in 1961.
Id. at 13. See also Regan v. Wald, 468 U.S. 222, 241 (1984).
Congress is not, in section 102 of H.R. 1710, selectively
choosing which citizens can contribute funds and which cannot.
The ban is based upon the terrorist acts of the foreign
organization and its subgroups. The foreign organizations that
are designated as terrorist are criminal enterprises. The ban
is designed to protect our nation's security, and applies
uniformly and equally to all persons within the United States,
regardless of political, philosophical, or religious
affiliation. The ban applies to any financial or material
donation to any foreign group or subgroup designated as
terrorist by the Secretary of State, after consultation with
the Attorney General.
The test to be utilized to determine whether such a general
ban is consistent with constitutional standards is found in
United States v. O'Brien, 391 U.S. 367, 377 (1968). In O'Brien,
the Supreme Court held that a governmental regulation is
sufficiently justified if:
(a) it is within the constitutional power of the
Government;
(b) it furthers an important or substantial
governmental interest;
(c) the governmental interest is unrelated to the
suppression of free expression; and
(d) the incidental restriction on the alleged First
Amendment freedoms is no greater than is essential to
the furtherance of that interest.
Congress has the constitutional authority to regulate
interstate and foreign commerce. U.S. Const. art. I, Sec. 8,
cl. 3. It is also empowered ``[t]o define and punish * * *
Felonies committed on the high Seas, and Offenses against the
Law of Nations.'' U.S. Const. art. I, Sec. 8, cl. 10.
The ban furthers a compelling governmental interest. ``It
is `obvious and unarguable' that no governmental interest is
more compelling than the security of the Nation.'' Aptheker v.
Secretary of State, 378 U.S. 500 (1964).
The ban does not restrict an organization's or an
individual's ability to freely express a particular ideology or
political philosophy. Those inside the United States will
continue to be free to advocate, think, and profess the
attitudes and philosophies of the foreign organizations. They
are simply not allowed to send material support or resources to
those groups, or their subsidiary groups, overseas. There is no
other mechanism, other than an outright prohibition on
contributions, to effectively prevent such organizations from
using funds raised in the United States to further their
terrorist activities abroad.
Thus, after consideration of the four aforementioned
factors that must be weighed, the Committee concluded that the
restrictions on associational freedoms imposed by the ban are
reasonable and consistent with existing case law. The
prohibition is absolutely necessary to achieve the government's
compelling interest in protecting the nation's safety from the
very real and growing terrorist threat.

expanded wiretap authority

Terrorist organizations have become increasingly
sophisticated in a technological sense. The primary way to
prevent tragic consequences resulting from this confluence of
technology and disaffection is to uncover and learn about the
criminal activities during their planning stages. Evidence
gathering is essential to the success of any criminal
investigation and prosecution.
Enhancing the investigative tools of law enforcement
officials is another basic goal of H.R. 1710. On the opening
day of hearings on this measure, Congressman Carlos J. Moorhead
(R-California) succinctly and wisely stated:

It's up to our government to protect the lives and
property of our citizens, and it's very important with
an issue such as this, where terrorist activities have
been increasing, that we protect our people and * * *
do whatever is necessary to make our society safe.

To this end, H.R. 1710 incorporates meaningful changes to
the ``Electronic Communications Privacy Act of 1986'' (Pub. L.
99-508), which itself amended title III of the ``Omnibus Crime
Control and Safe Streets Act of 1968 (Pub. L. 90-351).'' It was
through the 1968 Act that statutory wiretap authority was first
granted. Both OCCSSA and ECPA were enacted to protect against
unauthorized interception of electronic communications by
government personnel.6
\6\ Title 18, United States Code, establishes detailed,
comprehensive procedures governing electronic surveillance, including
the following:
(a) the Attorney General (or designate) must approve every
application by federal law enforcement agents for any court ordered
interception (18 U.S.C. Sec. 2516);
(b) applications for wiretaps may only be sought to investigate
specifically listed federal criminal offenses. (18 U.S.C. Sec. 2516);
(c) applications must provide sufficient facts for the reviewing
district court judge to make a three-tiered finding of probable cause
regarding,
(1) commission of crimes by certain persons;
(2) the use of facilities or premises to be monitored by those
persons; and
(3) the use of those facilities or premises by specific persons in
connection without the crimes under investigation (18 U.S.C. Sec. 2518
(1)(b), (3)(a), (b), (d));
(d) applications must state that other, less-intrusive or more
traditional methods of investigation have been tried and failed, to
provide the evidence expected or are impractical or dangerous (18
U.S.C. Sec. 2518(3)(c));
(e) agents executing wiretap authorization orders must minimize
their interception of communications that are not pertinent to the
investigation or that are otherwise privileged communications (18
U.S.C. Sec. 2518(5));
(f) the court orders for electronic surveillance can only authorize
the interceptions for the time period needed to achieve the objective
of the search, but no longer than 30 days in any event. Extensions may
be granted for an additional 30 day period, only upon submission of a
new application meeting all statutory requirements (18 U.S.C.
Sec. 2518(5));
(g) all records and recordings from the surveillance must be sealed
and stored. Disclosure can only be made in limited and narrow
circumstances, such as grand jury and trial-related proceedings (18
U.S.C. Sec. 2518 (8), (9), (10));
(h) periodic progress reports may be required by the issuing judge
in his discretion (18 U.S.C. 2518(6)); and
(i) evidence seized in violation of any of the statutory
requirements can be challenged and suppressed (18 U.S.C. Sec. 2515).
---------------------------------------------------------------------------
The Committee heard testimony from numerous legal scholars
and criminal law experts on the wiretap provisions contained in
this legislation. This included the former Attorney General of
the United States William P. Barr; former legal counsel for the
Reagan Administration's U.S. State Department and district
judge, the Honorable Abraham Sofaer; the Deputy Attorney
General Jamie S. Gorelick; Professor James P. Fleissner,
professor of law at Mercer University School of Law and former
chief of General Crimes Section, Criminal Division for the U.S.
Attorney's Office in the Northern District of Illinois
(Chicago); and Bruce Fein, former Associate Deputy Attorney
General of the United States. All concurred that the
modifications made to the wiretap statute in H.R. 1710 are
constitutional.
The most important aspect of any law regarding a wiretap is
that there is review by an independent and impartial judicial
officer. The requirement that law enforcement officials obtain
a warrant from a neutral judge remains unaltered.
Since the adoption of the wiretap statute in 1968, the
Supreme Court has decided a number of cases involving wiretaps
and the statutory scheme for authorizing them. The Court has
not expressed any doubt as to the constitutionality of chapter
119 of title 18, United States Code.7 Furthermore, every
U.S. Court of Appeals addressing the issue has affirmed the
constitutionality of the wiretap scheme.8
\7\ See Scott v. United States, 436 U.S. 128 (1978); U.S. v.
Donovan, 429 U.S. 413 (1977); U.S. v. Giordano, 416 U.S. 505 (1974);
U.S. v. Chaney, 416 U.S. 562 (1994); U.S. v. Kahn, 415 U.S. 143 (1974).
\8\ See, e.g., U.S. v. Petti 973 F.2d 1441, 1443 (9th Cir. 1992);
U.S. v. Turner, 528, F.2d 143, 158-59 (9th Cir. 1995) (collecting
cases).
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Section 301 of H.R. 1710 would add certain offenses to the
current list of offenses for which wiretaps can already be
obtained. The current list is found at title 18, United States
Code, section 2516. This amendment would authorize wiretaps in
investigations involving offenses for which wiretaps cannot now
be obtained, such as certain explosives violations (18 U.S.C.
Sec. 842); criminal acts from within the U.S. against foreign
nations (18 U.S.C. Sec. Sec. 956, 960); attacks on U.S.
officials and employees, and against foreign officials (18
U.S.C. Sec. Sec. 1115, 1116, 1751); other types of terrorist's
offenses more recently enacted (18 U.S.C. Sec. Sec. 2332,
2332a, 2339A); and violence against air transportation
facilities and methods (18 U.S.C. Sec. Sec. 37, 49, and 49
U.S.C. Sec. 46502).
Section 301(b) amends section 2518(6) of title 18, United
States Code, which currently allows a judge to order periodic
reports of on-going electronic surveillance activity by
government personnel. The report must establish a sufficient
basis for continuing the wiretap activity. Currently, courts
can set their own schedule for the filing of these periodic
reports. Some time frames are too short or too long to be
useful to law enforcement, or to the court. The preparation of
the reports requires the expenditure of a substantial amount of
time. If the reporting period is too short, a law enforcement
agent who truly ought to be following up leads gained from the
wiretap evidence, and doing physical surveillance to
corroborate the facts learned from the wiretap in order to
shorten the investigation period, will be ignoring those law
enforcement tasks in order to fulfill the statutory obligations
every few days. If the length of time is too long between
reports, then a wiretap that ought to cease sooner might
continue without good cause. Section 301(b) will mandate that a
report be filed with the authorizing judge 15 days after the
interception of communications has commenced and should provide
adequate justification for continuing wiretap under the
authorizing order. No other periodic reports will be required
to be filed by the statute.
Section 306 of H.R. 1710 would amend 18 U.S.C. Sec. 2515,
which is a statutory exclusionary rule for wiretap evidence
that has been seized in contravention of the wiretap statutes.
This amendment will make the statutory exclusionary rule for
wiretap evidence coterminous with the Supreme Court's
considered jurisprudential approach to the Fourth Amendment.
The Supreme Court has construed current Sec. 2515 to
require exclusion of wiretap evidence where the statute
violated during the seizure ``was intended to play a central
role in the statutory scheme'' authorizing wiretap activity by
law enforcement. United States v. Giordano, 416 U.S. 505, 528
(1974). See also United States v. Chaney, 416 U.S. 563 (1974).
The amendment made by section 306 of this bill will bring the
application of the statutory exclusionary rule found at
Sec. 2515, of title 18, United States Code, into line with the
Supreme Court's holdings in United States v. Leon, 468 U.S. 897
(1984); Illinois v. Rodriguez, 497 U.S. 177 (1990); Illinois v.
Krull, 480 U.S. 340 (1987); Massachusetts v. Sheppard, 468 U.S.
981, 990 (1984). In those cases, the Court held that an
officer's objectively reasonable belief that he or she acted in
compliance with the law, or otherwise acted in good faith
reliance on a warrant issued by a judge later found invalid,
was sufficient to allow the admission of the evidence seized if
the search and seizure were later found to be lacking legal
justification.
Moreover, this amendment will allow for the admission of
evidence that may have been illegally obtained by completely
private individuals, not acting at the behest or urging of the
government. This is thoroughly consistent with the Court's
holding in Burdeau v. McDowell, 256 U.S. 465 (1921), and its
progeny. See Skinner v. Railway Labor Executives' Association,
489 U.S. 602, 614 (1989); United States v. Jacobsen, 466 U.S.
109, 113-14 (1984); Coolidge v. New Hampshire, 403 U.S. 443,
487 (1971); Lustig v. United States, 338 U.S. 74, 78-79 (1949);
Byars v. United States, 273 U.S. 28, 32-33 (1927); United
States v. Kinney, 953 F.2d 863, 865 (4th Cir. 1992).
In passing the 1986 amendments to the 1968 wiretap
statutes, Congress recognized that emergency situations arise
in law enforcement and that completion of necessary paperwork
to obtain court authorization for electronic surveillance may
take longer than the situation allows. In exigent
circumstances, where (1) lives and public safety is at risk,
(2) national security is threatened, or (3) organized crime
activities are occurring, title 18, United States Code, section
2518(7) allows interception of communications to occur for a
period of 48 hours while the necessary paperwork is being put
together to justify the interception. Because terrorism 9
conspiracies are an aggregation of the three types of emergency
situations set out at section 2518(7), which are described
above, section 308 adds such criminal activity to the very
short list of situations where interceptions may be authorized
without a prior submission of the statutorily required
application,10 or the prior issuance of an authorizing
order.
\9\ For purposes of this section, the term ``terrorism'' is defined
at 18 U.S.C. Sec. 2331, which is amended by section 315 of this bill.
\10\ See 18 U.S.C. Sec. 2516, 2518.
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Under current law, in order to institute an emergency
wiretap, probable cause to believe that an individual has
engaged in a specified criminal act must exist before
interception can begin. Probable cause as to the person engaged
in the criminal violation must also exist before interception
can commence. An attorney for the government must file an
application, under oath, with the district court within 48
hours of the beginning of the interception. The government must
establish facts, in its application, that in the exercise of
due diligence it could not have completed the necessary
paperwork to obtain judicial authorization prior to beginning
the interception.
Currently, and H.R. 1710 makes no change to this
requirement, the emergency wiretap provisions found at section
2518(7) of title 18, United States Code, require the approval
of the highest ranking officials 11 of the Department of
Justice.
\11\ Only the Attorney General, Deputy Attorney General, or
Associate Attorney General, can authorize the commencement of an
emergency wiretap under 18 U.S.C. Sec. 2518(7). Moreover, once the
particular communication being sought is obtained under this authority,
the interception must immediately terminate. Id.
The federal wiretap statutes also authorize the interception of
communications by state law enforcement officers, so long as there is a
state statute authorizing such interception of communications.
Where the state authorities seek to conduct a wiretap
investigation, the principal prosecuting attorney of that state, or of
any political subdivision of the state, take on the obligations
assigned to the Attorney General of the United States under these
statutes. These state wiretap requests can be processed through the
state's judicial system. A state application and order must comply in
every respect with the federal wiretap statutes, however.
---------------------------------------------------------------------------
In the event the judge finds that probable cause did not
exist prior to the interception (none of the wiretap evidence
can be used to support the application), or that the government
failed to establish the existence of exigent circumstances
necessitating the emergency interception, whatever evidence
might have been obtained during the emergency intercept period
will be suppressed. These safeguards exist in addition to the
statutory safeguards already set forth in the wiretap
statutes.12
\12\ See n.6, supra.
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As noted above, law enforcement already currently has the
authority to start a wiretap in three specifically defined
emergency situations prior to obtaining a court order
authorizing the interception: (a) immediate danger of death or
serious bodily injury; (b) conspiracies involving immediate
risks to the national security; or (c) conspiratorial
activities characteristic of organized crime.
Terrorist crimes present not only catastrophic human and
property losses, but they can also present real threats to the
national security interests of the United States. So, in the
course of one criminal act, two of the categories already
covered by the emergency wiretap statutes are implicated. Given
that, why is there a need to enlarge the three listed
categories and create a fourth involving terrorist crimes?
Terrorist crimes are most often ``quick hits'' and the
perpetrators are frequently very successful in escaping from
the area where the crime occurred. Leads to the identity of the
perpetrators also erode as quickly as they develop. Section 308
can facilitate the early stages of the investigation and
increase the prospects of apprehending the perpetrators and
successfully bringing them to justice.
The emergency wiretap provision currently codified in title
18, United States Code, does not cover situations where the
threat of enormous and substantial property damage is
immediately present. Also, the current statute does not
authorize the use of an emergency wiretap after a catastrophe
has occurred. Such authority can provide invaluable evidence in
the immediate aftermath of heinous crimes such as that which
took place in Oklahoma City. The limitation of the current law
to acts occurring prior to the commission of the crime, creates
an ambiguity concerning whether the current law would cover a
situation where the bomb has already exploded. The current
statute would not appear to apply because there is no longer a
risk to life or physical safety. Furthermore, understanding the
history of the wiretap provisions, the Committee recognizes
that the ``organized crime'' reference in the current law,
includes only those actions typically undertaken by the mafia,
or organizations of that type. Such activities might be listed
in the RICO statute of the United States Code. 18 U.S.C.
Sec. 1963.
The emergency surveillance provision is a codification of a
well-established doctrine of Fourth Amendment jurisprudence.
Exigent circumstances may render impractical the obtaining of a
warrant before the actual search. See Schmerber v. California
384 U.S. 757 (1966); United States v. Karo, 468 U.S. 705
(1984). Section 308 recognizes that terrorist conspiracies and
acts of terrorism may give rise to exigent circumstances
necessitating the seizure of evidence before a warrant can be
obtained.
There is no logical difference between an emergency
wiretap and a physical search that is conducted without a
warrant, when there are exigent circumstances present
justifying the search. In the physical search case, the
government is required to prove to the judge, after the fact,
that the search was allowable under the Fourth Amendment
because probable cause existed prior to the search that a crime
was being, or was about to be, committed, or that evidence
would have been destroyed. Additionally, in such a case, the
government must also establish that the exigent situation
precluded it from obtaining a warrant prior to conducting the
search. Likewise, the process for emergency wiretaps.
As part of the overall strategy to prevent terrorism, H.R.
1710 also proposes a modification to the wiretap statute
allowing for multi-point interceptions, often referred to as
``roving wiretaps.'' Roving wiretaps have been available to law
enforcement since the enactment of ECPA.
Under the current statute, 18 U.S.C. Sec. 2518(11), a
multi-point wiretap can be obtained for both oral
communications and electronic communications, but the standard
to be met by the government seeking authorization is different
for each type. For a court to grant a multi-point intercept
order for oral communications, in addition to all other
probable cause showings and statutory requirements, the
government need only show that it is impractical to
specifically identify the place where the criminal conversation
will occur. Whereas, for electronic communication intercepts,
the government must also establish to the satisfaction of the
issuing judge that it is impractical to specifically identify
the telephone the target will use for his criminal
conversations, and that it is the target's intent to thwart
interception of his criminal conversations.
The Senate report on ECPA contained sentiments that are
equally apt today.

* * * The Committee finds such a provision necessary
to cover circumstances under which law enforcement
officials may not know, until shortly before the
communication, which telephone line will be used by the
person under surveillance. * * * Situations where
ordinary specification rules would not be practical
would include those where a suspect moves from room to
room in a hotel to avoid a bug or where a suspect sets
up a meeting with another suspect on a beach or in a
field. In such situations, the order would indicate
authority to follow the suspect and engage in the
interception once the targeted conversation occurs.
The rule with respect to ``wire communications'' is
somewhat similar. * * * [T]he application must show
that the person committing the offense has a purpose to
thwart interception by changing facilities. In these
cases, the court must find that the applicant has shown
that such a purpose has been evidenced by the suspect.
An example of a situation which would meet this test
would be an alleged terrorist who went from phone booth
to phone booth numerous times to avoid interception. A
person whose telephone calls were intercepted who said
that he or she was planning on moving from phone to
phone or to pay phones to avoid detection also would
have demonstrated that purpose. S. Rept. 99-541.

The examples provided in the report for each scenario
provide little distinction themselves. Either a person moves
from room to room, the specific room unknown to law enforcement
until immediately before the criminal conversation is to occur;
or the suspect moves from phone booth to phone booth.
Today's rapidly changing telecommunications technology, and
that expected to emerge in the near future, can easily leave
federal, state, and local law enforcement unable to follow and
track even the unsophisticated criminals who readily move from
telephone line to telephone line in furtherance of their
criminal activity. Thus, keeping with the principle that law
enforcement should ``follow the criminal,'' the proposed
modification to the current multi-point wiretap statute would
allow our investigating agents to seek and utilize the multi-
point wiretap technique when the target's conduct has the
effect of defeating more traditional types of electronic
surveillance.
The ``roving'' or multi-point wiretap provision does not
weaken current law or alter the constitutional requirements
needed to be met before a wiretap order can be issued. Rather,
as with the emergency wiretap amendment in section 308, this
provision makes a small change in the statutory scheme in order
to bring the law in line with the realities faced by today's
law enforcement officials. It simply removes the unreasonable
and impractical hurdle--not required by the Constitution--that
law enforcement demonstrate that a criminal using a number of
different phones to further his criminal enterprise switches
phones intentionally to thwart detection by law enforcement. It
must be stressed that all other statutory protections, in
addition to the Fourth Amendment's requirements, remain in
effect. 13
\13\ See n.6, supra.
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The availability of multi-point wiretaps has specifically
survived constitutional scrutiny.14 The Supreme Court has
observed that ``crime has changed, as have the means of law
enforcement; thus, the Fourth Amendment's prohibition against
unreasonable searches and seizures must be interpreted in light
of contemporary norms and conditions.'' Steagald v. United
States, 451 U.S. 204, 217 n.10 (1981).
\14\ See United States v. Bianco, 998 F.2d 1112 (2d Cir. 1993);
United States v. Silberman, 732 F. Supp. 1057 (S.D. Cal. 1990), aff'd
sub nom. United States v. Petti, 973 F.2d 1441 (9th Cir. 1992); United
States v. Ferrara, 771 F. Supp. 1266 (D. Mass. 1991).
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In addressing the particularity requirement of the Fourth
Amendment in the context of a roving wiretap, the Bianco court
noted that the Supreme Court refuses to read that language of
the Fourth Amendment literally, ``preferring instead a flexible
approach designed to keep pace with a technologically advancing
society.'' United States v. Bianco, 998 F.2d 1112, 1123 (2d
Cir. 1993).
A court authorizing a roving wiretap is required to take
into consideration whether the application and order specifies
a reasonably limited geographic area, the number of phones to
be involved, and also whether the time within which the
interception is to be accomplished is reasonably feasible. The
roving wiretap is truly--in practice--no different than
identifying in a single application multiple phones, or the
potential use of multiple phones, by a single individual, in a
limited geographical area that will be tapped.
The Committee expects that this provision will not
significantly increase the number of multi-point taps, nor
impose heavy new burdens on telecommunication service
providers. In passing the ECPA, Congress affirmed that multi-
point taps would be rare and utilized only if feasible.
ECPA ensures that the telephone companies will provide
assistance to law enforcement when requested, if
technologically feasible. 15 The reason the government is
required to limit the geographic area to be covered by the
multi-point authorization order is so that the service
provider's assistance and cooperation is not rendered
technically infeasible. The Committee expects that law
enforcement will continue its current practice of consultation
with the affected telephone company employees in advance of
seeking an order for a multi-point interception.
\15\ See 18 U.S.C. Sec. 2518(12).
---------------------------------------------------------------------------
Requiring proof that the person to be intercepted has an
intent to thwart interception for electronic and wire
communications, but not for oral communications, is
inconsistent, illogical, and unwise. People are no longer
limited to the use of a telephone solely in their homes or
offices. We live in a world of cellular telephones, pagers,
portable fax machines, and portable computers. Section 309 is a
recognition of these technological realities.

immigration related reforms to deter terrorism

The removal of alien terrorists from the United States, and
the prevention of alien terrorists from entering the United
States in the first place, present among the most intractable
problems of immigration enforcement. The stakes in such cases
are compelling: protecting the very lives and safety of U.S.
residents, and preserving the national security. Yet, alien
terrorists, while deportable under section 241(a)(4)(D) of the
INA, are able to exploit many of the substantive and procedural
provisions available to all deportable aliens in order to delay
their removal from the United States. In addition, alien
terrorists, including representatives and members of terrorist
organizations, often are able to enter the U.S. under a
legitimate guise, despite the fact that their entry is inimical
to the national interests of the United States. In several
noteworthy cases, the Department of Justice has consumed years
of time and hundreds of thousands (if not millions) of dollars
seeking to secure the removal of such aliens from the United
States.
Starting in the first Administration of President Reagan,
the Department of Justice has sought reform of immigration law
and procedures to better enable this country to protect itself
against the threat of alien terrorists. The chief target of
these reforms are the statutory and administrative protections
given to such aliens, many of which are not required by the due
process clause of the Fifth or Fourteenth Amendment or any
other provision of law, that enable alien terrorists to delay
their removal from the United States.
The need for special procedures to adjudicate deportation
charges against alien terrorists is manifest. Terrorist
organizations have developed sophisticated international
networks that allow their members great freedom of movement and
opportunity to strike, including within the United States. They
are attracting a more qualified cadre of adherents with
increasing technical skills. Several terrorist groups have
established footholds within immigrant communities in the
United States.
The nature of these groups tend to shield the participants
from effective counterterrorism efforts--including the most
basic measure of removing them from our soil. The United States
relies heavily upon close and continued cooperation of friendly
nations who provide information on the identity of such
terrorists. Such information will only be forthcoming if it
sources continue to be protected. Thus, it is essential to the
national security of the United States that procedures be
established to permit the use of classified information in
appropriate cases to establish the deportability of an alien
terrorist.
Such procedures also must be crafted to meet constitutional
requirements. The government's efforts to safeguard lives and
property and to protect the national security may be contested
on the grounds that they conflict with the procedural rights of
aliens. The interests of the government must therefore be
balanced against the legitimate rights of those privileged to
be present within the United States.16
\16\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 U.S.
787 (1975); Jean v. Nelson, 472 U.S. 846, aff'd, 727 F.2d 957 (11th
Cir. 1984); Kleindienst v. Mandel, 408 U.S. 753 (1972) (supporting the
proposition that alien's presence in U.S. is privilege extended by
Congress and not fundamental right.) See also Alvarez v. INS, 539 F.2d
1220 (9th Cir.), cert. denied, 430 U.S. 918 (1976) (applying rational
basis test to equal protection claim for impermissible classification
of aliens).
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Subtitle A of Title VI (sections 601 and 602) provide that
in cases where the use of normal removal proceedings would risk
national security, the deportation charges against suspected
alien terrorists may be adjudicated in special procedures
conducted before one of 5 Federal district court judges
specially appointed to serve in such cases by the Chief Justice
of the Supreme Court. The special hearings will be open to the
public but conducted to ensure the confidentiality of
classified national security information. Aliens have the right
to court-appointed attorneys, to confront adverse evidence, and
to present evidence. The judges may consider classified
evidence in camera, and provide a summary of such evidence to
the alien, unless providing the summary would harm to the
national security or to any person. Aliens may be detained in
most cases throughout the proceeding and expeditiously removed
after entry of an order of removal.
These special procedures are intended to address the rare
circumstance when the government is not able to establish the
deportability of an alien under section 241(a)(4)(D) of the INA
without recourse to evidence the disclosure of which would pose
a risk to the national security of the United States. They are
exclusively to be used in cases where the alien is deportable
under section 241(a)(4)(D). The Committee expects that these
procedures will be used infrequently, and that the government
will exercise utmost discretion in seek to initiate proceedings
under Subtitle B. Moreover, with the enactment of the
provisions of Title I and Title II directed at securing the
nation's borders and preventing immigration-related crimes, and
the remaining provisions of Title III which streamline the
administrative removal process, the numbers of cases in which
these special deportation procedures must be used hopefully
will be further diminished.
These special procedures are designed to protect the
``fundamental requirement of due process[:] * * * the
opportunity to be heard `at a meaningful time and in a
meaningful manner.' '' 17 The Supreme Court has
acknowledged that `` `due process is flexible and calls for
such procedural protections as the particular situation
demands.' '' 18 The Court's decisions indicate that three
factors must be weighed in determining if the procedures to
which one is subjected justifying a deprivation of rights meets
the constitutional threshold.
\17\ Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (citing
Armstrong v. Manzo, 380 U.S. 545, 552 (1965); Grannis v. Ordean, 234
U.S. 385, 394 (1914)).
\18\ Mathews, 424 U.S. at 334 (quoting Morrissey v. Brewer, 408
U.S. 471, 481 (1972)).

[T]he private interest that will be affected by the
official action; second, the risk of an erroneous
deprivation of such interest through the procedures
used, and the probable value, if any, of additional or
substitute procedural safeguards; and finally, the
government's interest, including the function involved
and the * * * burdens that the additional or substitute
procedural requirement would entail.19
\19\ Mathews v. Eldridge, 424 U.S. 319, 335, 347 (1976).

These factors have been taken into full account in drafting
section 321.
First, section 601 recognizes that an alien present in the
U.S. has a constitutional liberty interest to remain in the
United States, and that this liberty interest is most
significant in the case of a lawful permanent resident alien.

[I]t is clear that, in defining an alien's right to
due process, the Supreme Court is concerned with
whether he is a permanent resident. * * * A permanent
resident alien [has] a stake in the United States
substantial enough to command a higher level of
protection under the due process clause before he may
be deported. The result of such an action after all,
may be to separate him from family, friends, property,
and career, and to remit him to starting a new life in
a new land. * * * [E]ven a manifest national security
interest of the United States cannot support an
argument that [a permanent resident alien] is not
entitled, as a threshold matter, to protection under
the due process clause. Once across that threshold, the
calculus of just how much process is due involves a
consideration of the Government's interests in
dispensing with procedural safeguards.20
\20\ Rafeedie v. INS, 880 F.2d 506, 522 (D.C. Cir. 1989). See also
Landon v. Plasencia, 459 U.S. 21, 32 (1982) (``[O]nce an alien gains
admission to our country and begins to develop the ties that go with
permanent residence, his constitutional status changes accordingly.'');
Mathews v. Eldridge, 424 U.S. 319, 333 (1976).

No alien, in particular a permanent resident alien, would be
subject to deportation without an opportunity to contest that
deportation. Even if the case where confidential information
may be used without disclosure to the alien, section 601
provides protections adequate under the due process clause of
the Fifth and Fourteenth Amendment.
Second, the risk of an erroneous deprivation of the liberty
interest is remote. The government's burden of proof, as in
regular deportation proceedings, is to establish by clear and
convincing evidence that the alien is deportable. This
determination, moreover, is to be made in the first instance by
an Article III judge, which arguably enhances the due process
provided to an alien terrorist above that provided in regular
deportation proceedings, where the immigration judge is an
employee of the Department of Justice. Furthermore, the alien
is entitled to be represented by counsel at government expense,
a privilege that is not extended to aliens under Title II of
the INA, which stipulates that the alien's representation is to
be at no expense to the government. Finally, the determination
is subject to appellate review. As discussed in greater detail
below, the risk of error arising from in camera and ex parte
consideration of classified evidence is minimized through the
procedural safeguards limiting reliance on such evidence
without any disclosure to the alien.
Third, there can be no gainsaying the compelling nature of
the government's interest in the prompt removal of alien
terrorists from U.S. soil, or in protecting the ability of the
government to collect and rely upon confidential information
regarding alien terrorists who may be present in the United
States. Piercing this bill's limited veil of secrecy over
classified evidence will clearly make it more difficult to
gather evidence against suspected terrorists and to convince
international sources that such information will be secure in
the hands of our government, and ultimately lead to alien
terrorists being able to remain in the United States to harm
our citizens and lawful residents.
The most salient distinction between the procedures
constructed in section 601 and those normally available under
Title II of the INA is the provision for use of classified
information. All of the procedures and procedural protections
in section 601 flow from this fundamental policy decision: that
reliable and relevant classified information should be
available to be used to establish the deportability of an alien
terrorist. This policy in itself causes no constitutional
difficulty, and the protections against abuse of that policy by
the government are more than adequate to protect the
constitutional interests at stake.
The Supreme Court and lower federal courts have upheld the
authority of the INS to use classified information in the cases
of aliens who seek discretionary relief from deportation,
without disclosing such information to the applicant.\21\ Thus,
use of nondisclosed classified information to inform a court's
decision whether or not to order deportation is not
unconstitutional on its face.
\21\ Jay v. Boyd, 351 U.S. 345, 358-60 (1956); Suciu v. INS, 755
F.2d 127, 128 (8th Cir. 1985) (per curiam). See also Naji v. Nelson,
113 F.R.D. 548, 551-552 (N.D. Ill. 1986).
---------------------------------------------------------------------------
Furthermore, the clear intent of section 601 is that all
information used to support the charge of deportability will be
disclosed to the applicant. This intent is most clearly seen by
considering the substantive and procedural hurdles the
government must satisfy before confidential information may be
considered in camera as part of the record. First, in order to
even convene a special deportation proceeding, the government
must present a petition personally approved by the Attorney
General or the Deputy Attorney General to one of the federal
district court judges serving on the special deportation court.
Placing these proceedings before an Article III judge provides
such aliens an enhanced measure of due process that is not
accorded to other deportable aliens, whose cases are heard by
administrative judges under the direction of the Attorney
General.
Second, the proceeding cannot commence unless the judge
finds probable cause to believe that the alien has been
correctly identified, is a terrorist, and that the use of
normal deportation procedures under Title II of the INA would
pose a risk to national security.
Third, the Department of Justice has the burden to prove by
clear and convincing evidence that the alien is deportable.
Classified information may be presented in camera and ex parte.
However, a summary of such evidence sufficient to inform the
alien of the nature of the evidence and to permit the alien to
prepare a defense must be approved by the judge and provided to
the alien. If the judge does not believe the summary to be
adequate, and the government cannot correct the deficiencies,
the proceedings will be terminated.
Fourth, the only circumstance in which the consideration of
classified information in camera can proceed without providing
a summary to the alien is if the judge finds that the continued
presence of the alien in the United States, or the provision of
the summary, would cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person. This is, intentionally, a strict standard, designed to
emphasize the clear policy of this legislation that the alien
have appropriate notice of the evidence against him and an
opportunity to prepare and present a defense.
Fifth, in the case of an alien lawfully admitted for
permanent residence, section 601 provides that confidential
information shall be disclosed solely to a special attorney
appointed for this purpose by the judge. The attorney may not
disclose such information to the alien or any other party under
pain of fine and imprisonment, but may present all relevant
arguments against the admissibility, relevance, credibility, or
probative value of the evidence.
As noted previously, the Constitution does not forbid the
use of classified information in rendering decisions on the
right of an alien to remain in the United States. The
procedures established in section 601 permit use of classified
information in deportation proceedings, while protecting to the
maximum extent possible consistent with the classified nature
of such information the ability of the alien to examine,
confront, and cross-examine such evidence. Any further
protection of the alien's rights in this regard would
eviscerate the ability of the government to rely upon such
information and protect its classified nature, an objective
that is grounded national interests of the most compelling
nature.
Subtitle A (sections 611 through 613) also makes
representatives and members of organizations designated by the
Secretary of State as terrorist organizations inadmissible to
the United States and ineligible for asylum, withholding of
deportation, suspension of deportation (cancellation of
removal), voluntary departure, and registry.
The object of preventing terrorist aliens from entering the
U.S. is equally important to the national interest as the
removal of alien terrorists. On this question, the demands of
due process are negligible, and Congress is free to set
criteria for admission and screening procedures that it deems
to be in the national interest. ``Aliens seeking admission to
the United States cannot demand that their application for
entry be determined in a particular manner or by use of a
particular type of proceeding. For those aliens, the procedure
fixed by Congress is deemed to be due process of law.''
Rafeedie v. INS, 880 F.2d 506, 513 (D.C. Cir. 1989) (citing
Knauff v. Shaughnessy, 338 U.S. 537 (1950)) (emphasis in
original). The Knauff Court observed ``that an initial entrant
has no liberty (or any other) interest in entering the United
States, and thus has no constitutional right to any process in
that context; whatever Congress by statute provides is
obviously sufficient, so far as the Constitution goes.''
Rafeedie, 880 F.2d at 520. ``Our starting point, therefore, is
that an applicant for initial entry has no constitutionally
cognizable liberty interest in being permitted to enter the
United States.'' Id.
Under these provisions, an alien will be inadmissible if
the alien is a representative of a terrorist organization or a
member of an organization that the alien knew or should have
know was a terrorist organization. This distinction is intended
to ensure that aliens who are most active as directors,
officers, commanders, or spokespersons for terrorist
organizations are strictly barred from entering the United
States. An alien who is merely a member of a terrorist
organization will be considered under a slightly less strict
standard that incorporates a scienter requirement that the
alien knew or should have known that the organization is
terrorist in nature. Thus, an alien innocent of involvement
with or knowledge of terrorist activity on the part of an
organization of which he or she was merely a member would not
necessarily be inadmissible to the United States.
An organization will be considered ``terrorist'' for
purposes of these provisions only if it has been designated as
such by the Secretary of State after consultation with the
Attorney General, and after consultation with the Committees on
the Judiciary of the House of Representatives and the Senate.
It is important to stress that only foreign organizations and
subsidiary foreign groups that have engaged in, or are engaging
in, terrorist activity (as that term is currently defined in
the INA) and whose acts pose a threat to the national security
of the United States, can be so designated. The designation is
subject to judicial review upon its being made public and, by
law, may be removed by Congress.
Subtitle B of H.R. 1710 provides for the expedited
exclusion of aliens who arrive seeking entry into the United
States without valid entry documents. Section 621 provides that
an arriving alien can be denied entry into the United States by
an immigration officer because of misrepresentation, use of
fraudulent documents, or lack of any documents. The alien may
be ordered removed without a hearing before an immigration
judge, and without administrative or judicial review. This
provision is based upon legislation approved by the
Subcommittee on International Law, Immigration, and Refugees
during the 103rd Congress.
This provision is necessary because thousands of aliens
arrive in the United States at airports each year without valid
documents to enter the United States Unless such aliens claim
to be U.S. nationals, or state a fear of persecution, there is
no requirement under the Constitution or international treaty
to do anything other than return them, as promptly as possible,
to where they boarded the plane to come here. Neither
international law nor the Due Process Clause of the Fifth
Amendment require that such aliens be given a hearing before an
immigration judge or a right to appeal.
Section 621 also requires that an alien subject to
expedited removal who claims persecution or otherwise indicates
a desire to apply for asylum be interviewed by an asylum
officer to determine if the alien has a ``credible fear'' of
persecution. A ``credible fear'' is established if the alien is
more likely than not telling the truth, and if there is a
reasonable probability that the alien will meet the definition
of refugee and otherwise qualify for asylum. This standard,
therefore, is lower than the ``well-founded fear'' standard
needed to ultimately be granted asylum in the United States--
the arriving alien need only show a probability that he will
meet the well-founded fear standard. The credible fear standard
is designed to weed out non-meritorious cases so that only
applicants with a likelihood of success will proceed to the
regular asylum process. If the alien meets this threshold, the
alien is permitted to remain in the U.S. to receive a full
adjudication of the asylum claim--the same as any other alien
in the United States.
Under this system, there should be no danger that an alien
with a genuine asylum claim will be returned to persecution.
The initial screening, which should take place in the form of a
confidential interview, will focus on two questions: is the
alien telling the truth; and does the alien have some
characteristic that would qualify the alien as a refugee. As in
other cases, the asylum officer should attempt to elicit all
facts relevant to the applicant's claim. It is not unreasonable
to expect the applicant to be truthful in such an interview.
Nor is it unreasonable to expect that, in the case of a person
genuinely fleeing persecution, that the interview will yield
sufficient facts to determine that the alien has a reasonable
likelihood of being successful in the full asylum process.
Section 621 permits the interview itself to be carried out
by a full-time INS asylum officer, or by an INS inspector or
other official who has received the complete training provided
to full-time asylum officers and has reasonable access to
country condition reports and other resources that are used by
asylum officers to assess the credibility and foundation of
asylum claims.

Taggants

H.R. 1710's deterrent approach to fighting terrorism is not
limited to immigration reforms and the previously discussed
investigative techniques and tools. Deterrence, with respect to
the creation of explosives through the use of common
agricultural fertilizers and the use of commercially
manufactured explosives in criminal activities, is also an
important element of this measure. The Committee considered the
proposal which would have required the inclusion of tracer
element taggants to commercially manufactured explosives, and
considered whether it is feasible to make fertilizer products
inert without negating their utility.
Section 305 calls for a thorough study of these issues in
order to fully understand the consequences of including tracer
element taggants in commercially manufactured explosives or
mandating the insertion of a particular chemical compound in
commonly used fertilizer before a specific course of action is
taken. It was determined that Congress ought to be fully
informed as to the means and methods available to effectively
address these issues. The Committee recognizes the impact any
legislation in this area would have on the explosives
manufacturing industry, as well as on the sand, glass, silica,
and building materials industry. The Committee was careful not
to overreact to a problem that might be solved another way,
especially in light of today's advancing technology. The
purpose of section 305 is to examine whether there are ways to
detect the existence of the presence of an explosive before the
explosion; to identify and trace explosives and precursor
chemicals following a criminal act of bombing; and to determine
whether there is a way to make common chemicals available to
the public, such as ammonium nitrate (a common fertilizer
available to the public), ineffective for use as an explosive
in the commission of a criminal act.
In its contemplation of the issue of taggants, or tracer
elements, one thing was made exceedingly clear: the last known
study that was conducted on the issue was completed in 1980 by
the Office of Technology Assessment (OTA). Certainly,
considerable technological advances have been made since 1980,
which is all the more reason to further study this issue.
The Committee intends that the required study be thorough,
objective, and fair. Assistance in the effort to prevent
terrorism in this country is the ultimate goal. Congress must
proceed with full knowledge of all of the facts, including the
costs and benefits to society, individuals, and the affected
industries. Moreover, Congress should have the full range of
options available to it before proceeding in this area. It is
important that the Attorney General evaluate and report to
Congress on at least the following issues:
(1) law enforcement utility;
(2) deterrent effect;
(3) environmental effects;
(4) feasibility;
(5) efficacy; and
(6) economic impact on trade, business, and jobs.
The Attorney General should consult with experts on these
and other pertinent issues, including government officials with
expertise in explosives manufacturing and uses. The Attorney
General should also consult with industry experts to discuss
and evaluate the same issues. Additionally, the Attorney
General should take heed of the advice and comment of not only
the immediately affected explosives industry, but should also
consider the effect of requiring tracer element taggants in the
manufacturing process of explosives upon the wide array of
various industries that would be otherwise affected by such a
requirement. Such industries include the glass industry, the
silica industry, the sand industry, the building materials
industry, and the fertilizer industry, among others.
The Attorney General should consider the establishment of
an Advisory Committee, comprised of various government and
industry experts. That Committee should assist in framing the
issues to be studied and to assure that those with a legitimate
interest in the results of the study are heard. The Attorney
General shall issue findings and recommendations that are
supported by the evidence.
H.R. 1710 also directs the Attorney General through the
National Institutes of Justice to study fertilizer and its
explosive capabilities. Those studying this question must keep
in mind that fertilizer is essential for our nation's
agricultural producers to provide abundant food crops.
Therefore, it is also essential that all aspects of this
beneficial agricultural commodity be considered and carefully
evaluated to determine any impact upon agricultural production
in the United States by the inclusion of either tracer taggants
or other chemicals. To assist the Attorney General in meeting
the objectives of the study, any portion of the study relating
to fertilizer should be conducted by a non-profit fertilizer
research center, such as the International Fertilizer
Development Center (``IFDC'').
The IFDC is the only non-profit center in the United States
dedicated to fertilizer research and development.22 The
IFDC is a public, international organization, partially funded
through the U.S. Agency for International Development. It is
located on U.S. government property in Muscle Shoals, Alabama.
The IFDC has no commercial interest in the chemical and
fertilizer industry. It is viewed by experts in the field as an
unbiased organization.
\22\ The IFDC was previously associated with the former National
Fertilizer Development Center (later renamed the National Fertilizer
and Environmental Research Center) of the Tennessee Valley Authority,
which was key to the U.S. Government's research and development work on
munitions during the Second World War.
---------------------------------------------------------------------------
During the hearings held by the Committee, it was
determined that there are a number of complex issues that need
to be considered in studying and evaluating effective anti-
tampering measures. Issues that need to be addressed include:
(a) the practical and technical feasibility of
measures to prevent the use of fertilizer chemicals in
the manufacture of explosive devices;
(b) the ability to reverse engineer those measures,
rendering them ineffective anti-tampering actions;
(c) the agronomic and economic impact of those
measures on America's farmers; and
(d) the environmental impact of those same measures.
For example, the Committee learned that although any number of
materials theoretically can be added to ammonium nitrate
fertilizer to make it more difficult to alter the product for
explosive purposes, those same materials could substantially
alter the agronomic and/or economic benefit of the product to a
point where it becomes ineffective for use by America's farmers
and gardeners.
Furthermore, the Committee determined that the issues are
complex with regard to the agronomic and economic value of
fertilizer. Therefore, the committee believes it is necessary
to study all of the issues regarding fertilizer such as:
(1) the history of the use of fertilizer chemicals to
manufacture explosives;
(2) the technical and economic feasibility of
measures that might be employed to render fertilizer
chemicals used in the manufacture of explosives inert
or less explosive;
(3) the technical, legal, and economic feasibility of
imposing controls on the manufacture, distribution, or
use of fertilizer chemicals distributed in the United
States as a result of international trade; and
(4) the agronomic, economic and social benefits of
the intended use of fertilizer chemicals that also may
be used to manufacture explosives.
These and other important questions should be answered
through the study mandated by this legislation before the
Congress imposes any legal requirements upon the manufacturers
of fertilizers and explosives to include tracer element
taggants or ``inert'' materials in their products. It is also
necessary that the questions be answered thoroughly and
credibly, without concern for the result. Therefore, it is
imperative that the study be conducted by a non-profit, public
research center that is uniquely qualified and established to
provide technical information and guidance to investigate the
economic, trade, feasibility, safety, and law enforcement
utility of adding such items to the production process of
either fertilizer or explosives.

Marking Plastic Explosives

While the Committee determined that it needs additional
information regarding the issue of tagging commercially
manufactured explosives and making fertilizer inert, that was
not the case with respect to requiring detection materials in
plastic explosives. Specifically, Title V, codifies the
``Convention on the Marking of Plastic Explosives for the
Purpose of Detection, Done at Montreal on 1 March 1991.'' These
provisions require the inclusion of specific chemical compounds
during the manufacturing process of plastic explosives. The
Montreal Convention resulted from the tragic bombing of Pan Am
Flight #103 over Lockerbie, Scotland.23 These provisions
will enable airport security to use scanning equipment to
determine the presence of plastic explosives at critical points
prior to departure of all aircraft and will greatly enhance the
safety of airline travellers throughout the world.
\23\ In fact, a United States Grand Jury has indicted two men, for
allegedly working on behalf of the Libyan government and carrying out
the terrorist attack on Pan Am 103, which resulted in the death of
everyone on board.
---------------------------------------------------------------------------

Amending the Foreign Sovereign Immunities Act

Also responding to the tragedy of the Pan Am 103 bombing is
section 804, which would amend the Foreign Sovereign Immunities
Act (28 U.S.C. Sec. Sec. 1602, et seq.) to permit suits by U.S.
nationals against foreign states in U.S. courts. Jurisdiction
would be granted to such suits seeking money damages for
personal injury or wrongful death caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
providing material support or resources for such acts. The
lawsuit must allege that the terrorist act was undertaken by an
``official, employee or agent'' of a foreign country, or acting
on behalf of, or at the insistence of, a foreign country's
leadership or hierarchy. It is expected that a lawsuit
proceeding under this section will be brought either by the
victim, or on behalf of the victim's estate in the case of
death or mental incapacity.
The existence of state-sponsored terrorism is well
documented and state sponsors of terrorism include Libya, Iraq,
Iran, Syria, North Korea, Cuba, and Sudan. These outlaw states
consider terrorism a legitimate instrument of achieving their
foreign policy goals. They have become better at hiding their
material support for their surrogates, which includes the
provision of safe havens, funding, training, supplying
weaponry, medical assistance, false travel documentation, and
the like. For this reason, the Committee has determined that
allowing suits in the federal courts against countries
responsible for terrorist acts where Americans and/or their
loved ones suffer injury or death at the hands of the terrorist
states is warranted. Section 804 will give American citizens an
important economic and financial weapon against these outlaw
states.

Deterring the Terrorist Use of Nuclear Materials

In addition to the threat posed to our personal security by
plastic explosives and state-sponsored terrorism, numerous
experts consulted by the Committee expressed grave concerns
about the proliferation of nuclear materials across the globe
due to the break-up of the former Soviet Union. Because of
these fundamental changes in international politics, the
ability to control access to, and the dissemination of, such
material has also faltered. The Committee realizes we must act
to deter any further proliferation of nuclear materials, which
can do substantial damage with very little effort.
Title IV addresses this concern by proscribing the
possession, transport, or receipt, of any nuclear grade
materials without legal authorization. Warheads in transit by
rail between military facilities, or to assembly and
disassembly facilities, could also be vulnerable to direct
attack and theft. Small portable devices, even with severely
degraded yields, could still be several times more powerful
than the Hiroshima bomb and powerful enough to bring down a
target like the World Trade Center. Even with no nuclear
yields, such a device could cause significant radiological
dispersion, contaminating the area of an attack and threatening
survivors and rescue personnel. Without the strict and tight
reign of the former Soviet Union, an increasing number of cases
of transnational nuclear material smuggling conspiracies have
been reported. The Committee has responded to the dangers posed
by this increasing trend, and has done so responsibly.
H.R. 1710, the ``Comprehensive Antiterrorism Act of 1995,''
is a responsible and rational response to the terrorist threat.
This bill will assist law enforcement in the detection and
prevention of possible terrorist attacks in side the United
States and abroad. During its deliberations on this
legislation, the Judiciary Committee was sensitive to concerns
raised with respect to constitutionally protected rights that
might be affected by its various provisions. The Committee is
confident that it has achieved the proper balance between
individual rights and the rights of society as a whole.
This bill is a forward-looking effort on the part of the
United States government to protect and defend its people from
those who may wish us harm to achieve distorted political and
ideological goals. This bill properly responds to the needs of
law enforcement. It cuts off funding sources for foreign
terrorist organizations. It denies foreign terrorists and
criminals entry into the United States. It expels alien
terrorists promptly. It severely punishes criminal terrorist
acts. It encourages development of technologies to detect
explosive devices and materials. It furthers the development of
better capabilities and methods of tracking those entering and
leaving the United States and their purposes for visiting. It
provides law enforcement with constitutional means of
identifying, investigating, and ultimately prosecuting
terrorists, without damaging the constitutional protections we
cherish.

History of the Legislation and Hearings

On February 9, 1995, the President formally submitted a
legislative proposal, the ``Omnibus Counterterrorism Act of
1995'' for consideration by Congress. On February 10, 1995,
Representative Charles E. Schumer of New York, a member of the
Judiciary Committee and ranking member of the Subcommittee on
Crime, introduced the Administration proposal as H.R. 896.
On April 6, 1995, the full Judiciary Committee held a
hearing on issues relating to international terrorism,
entitled, ``International Terrorism: Threats and Responses.''
At that hearing, particular sections of H.R. 896 were
discussed, criticisms of H.R. 896 were voiced, and witnesses
and Members engaged in debate relating to the constitutionality
of specific provisions of that bill. The witnesses at that
hearing were as follows: Lt. Col. Robin L. Higgins, United
States Marine Corps; (widow of tortured and slain United States
Marine Corps Colonel, William ``Rich'' Higgins); Admiral
William O. Studeman, Acting Director, Central Intelligence
Agency; the Honorable Jamie S. Gorelick, Deputy Attorney
General of the United States, U.S. Department of Justice; the
Honorable Louis J. Freeh, Director, Federal Bureau of
Investigation, U.S. Department of Justice; Ambassador Philip
Wilcox, Coordinator of Counterterrorism, U.S. Department of
State; Dr. Roy Godson, Professor, Georgetown University; Dr.
Michael A. Ledeen, Resident Scholar, The American Enterprise
Institute; and Mr. Gregory T. Nojeim, Legislative Counsel,
American Civil Liberties Union.
Less than two weeks after the Committee's April 6th
hearing, this country experienced the horror of the bombing of
the Oklahoma City federal building, which killed 168 persons,
including many infants and children who were occupying a
federal day care center housed in the building.
On May 3, 1995, the Subcommittee on Crime of the Committee
on the Judiciary held a hearing to discuss the specific issues
relating to domestic terrorism. The witnesses at that hearing
were: the Honorable Jamie S. Gorelick, Deputy Attorney General
of the United States, U.S. Department of Justice; the Honorable
Louis J. Freeh, Director, Federal Bureau of Investigation, U.S.
Department of Justice; the Honorable William P. Barr, former
Attorney General of the United States, and currently General
Counsel, GTE Corporation; the Honorable William H. Webster,
former Director of both the Federal Bureau of Investigation and
the Central Intelligence Agency and former U.S. District Court
Judge; the Honorable George J. Terwilliger, III, former Deputy
Attorney General of the United States; Mr. William M. Baker,
former Assistant Director for the Criminal Investigative
Division, Federal Bureau of Investigation, U.S. Department of
Justice; Professor Brent Smith, Department of Criminal Justice,
University of Alabama, Birmingham, Alabama; Mr. Ira Glasser,
Executive Director, American Civil Liberties Union; and Mr.
Thomas Halpern, Associate Director of Fact Finding, Anti-
Defamation League, B'nai B'rith.
On May 15, 1995, Representative Richard A. Gephardt, the
Minority Leader of the House of Representatives, introduced
H.R. 1635, the ``Antiterrorism Amendments Act of 1995'', which
represented the Clinton Administration's legislative reaction
to the Oklahoma City catastrophe.
Concerned about constitutional and scope problems with both
H.R. 896 and H.R. 1635, Judiciary Committee Chairman Henry J.
Hyde introduced H.R. 1710, the ``Comprehensive Antiterrorism
Act of 1995,'' to the House of Representatives on May 25, 1995.
In Chairman Hyde's view, neither H.R. 896 nor H.R. 1635
sufficiently addressed key aspects of the terrorism problem.
For example, the Administration's proposal failed to take into
full account the problems our own immigration laws present to
national security. Its legislative initiative focused primarily
on ways to expel foreign nationals engaged in criminal
activity, such as terrorism, rather than on how to keep them
out of the United States in the first instance. H.R. 1710 makes
membership in a designated terrorist organization a grounds for
the denial of a visa to enter the United States. H.R. 1710 also
takes steps to reform our asylum process, which has been the
subject of abuse by terrorists, such as Sheik Omar Abdel
Rahman. It denies asylum relief to alien terrorists and
establishes an expedited asylum procedure to avoid allowing
entry to alien terrorist on the premise of their seeking
asylum.
The Administration's legislative proposal also included the
establishment of special deportation procedures in which
classified information could be used to deport aliens alleged
to be terrorists. That proposal treated all aliens the same,
without regard to their legal status in the United States. H.R.
1710 corrects this unconstitutional flaw, so as to provide
legal permanent resident aliens with additional procedural
protections, as opposed to those classes of aliens who are not
permanently present within the United States. H.R. 1710 makes
this special deportation procedure consistent with the
established due process standards under the Constitution.
The Administration's initial proposal also suggested a
method of designating ``terrorist'' organizations. Chairman
Hyde considered the process as too broad, in that it could
allow for such a designation to occur with respect to purely
domestic organizations. H.R. 1710 makes it clear that the
designation can only be made of foreign organizations engaged
in terrorist activity that threatens the national security
interest of the United States. Unlike the Clinton proposal,
H.R. 1710 requires notice be given to Congress of the
Administration's intent to designate an organization, requires
the publication of the designation in the Federal Register, and
subjects the designation to judicial review.
H.R. 1710 also reworked the Administration's proposal
regarding fundraising activity for designated terrorist
organizations. The Administration created a loophole, by which
domestic organizations could obtain a license from the Treasury
Secretary in order to raise money, or solicit contributions
for, a designated terrorist organization. H.R. 1710 prohibits
all material support that is knowingly given to the designated
foreign terrorist organization.
Finally, Chairman Hyde was also disturbed by the proposal
to require the inclusion of tracer taggants in commercially
manufactured explosives without adequate scientific or law
enforcement justification.24
\24\ It was noted that the last systematic analysis of the
technology relating to this particular issue was conducted by the
Office of Technology Assessment more than 15 years ago. Moreover, the
Chairman desired to ascertain the impact such a requirement would have
on the various industries affected by such a law, including the
explosives, glass, sand, salt, building materials, and silica
industries.
---------------------------------------------------------------------------
On June 12 and 13, 1995, the full Judiciary Committee held
hearings specifically focusing on the Chairman's bill. The
Committee heard testimony on H.R. 1710 from the following
witnesses: Representative Doug Bereuter of Nebraska;
Representative David Skaggs of Colorado; the Honorable Jamie S.
Gorelick, Deputy Attorney General of the United States, U.S.
Department of Justice; the Honorable William P. Barr, former
Attorney General of the United States, and currently General
Counsel for the GTE Corporation; the Honorable Abraham Sofaer,
former Legal Counsel, U.S. Department of State, former U.S.
District Court Judge, and current Senior Fellow with the Hoover
Institute at Stanford University; Associate Professor James P.
Fleissner, Mercer University School of Law in Macon, Georgia
and former Chief of the General Crimes Section, Criminal
Division, U.S. Attorney's Office for the Northern District of
Illinois; the Honorable Bruce Fein, former Associate Deputy
Attorney General of the United States; Mr. Gregory T. Nojeim,
Legislative Counsel, the American Civil Liberties Union; Mr.
Russell Seitz, Associate with the Olin Institute for Strategic
Studies at Harvard University; Mr. E. John Hay, U.S. Bureau of
Mines; Mr. J. Christopher Ronay, President, Institute of Makers
of Explosives and former Chief, FBI Explosives Lab; Mr. Bob
Delfay, Executive Director, Sporting Arms and Ammunition
Manufacturers Institute; Mr. Khahil E. Jahshan, Executive
Director, National Association of Arab Americans; Dr. Aziza Al-
Hibri, Esq., Professor of Law at the University of Richmond on
behalf of the American Muslim Council; Ms. Ruth Lansner, Chair
of the National Legal Affairs Committee for the Anti-Defamation
League of B'nai B'rith; and the Honorable John H. Shenefield,
former Associate Attorney General of the United States, and
currently the Chairman of the American Bar Association's
Standing Committee on Law and National Security and a partner
at Morgan, Lewis & Bockius, Washington, D.C.
This full Committee hearing brought the total number of
days of hearings on terrorism-related topics in the past two
Congresses to six. 25
\25\ In the 103d Congress, the Subcommittee on Crime and Criminal
Justice held a hearing styled, ``World Trade Center Bombing: Terror
Hits Home,'' on March 9, 1993. That hearing was held just one week
following the noontime bombing at the World Trade Center, which killed
6 people and injured scores of others. At that hearing, testimony was
received from a number of witnesses, including: Ambassador Thomas E.
McNamara, Coordinator for Counterterrorism, U.S. Department of State;
and William S. Sessions, Director, Federal Bureau of Investigation,
U.S. Department of Justice.
On February 23, 1994, the Subcommittee on International Law,
Immigration, and Refugees, held a hearing relating to Criminal Aliens.
During that hearing fourteen various legislative proposals were
addressed and debated. Among the bills discussed was H.R. 3860
introduced by Representative Lamar S. Smith of Texas (now Chairman of
the Subcommittee on Immigration and Claims). Now Chairman Henry J. Hyde
was among the witnesses who testified at that hearing.
---------------------------------------------------------------------------
On Wednesday, June 14, 1995, the Committee began what would
be four days of mark-up on H.R. 1710. On Tuesday, June 20,
1995, the full Committee on the Judiciary voted 23 to 12 to
report favorably the ``Comprehensive Antiterrorism Act of
1995'' to the House of Representatives, as amended.

Committee Consideration

On June 14, 15, 16, and 20, 1995, the full Committee on the
Judiciary met in open session for purposes of consideration and
amendment of H.R. 1710. On June 20, 1995, the Judiciary
Committee ordered the bill H.R. 1710 favorably reported, with
amendments, by a recorded vote of 23 to 12, a quorum being
present.

Vote of the Committee

The following roll calls took place during Committee
deliberations on H.R. 1710. The roll calls are grouped by date.

June 14, 1995

1. An amendment by Mr. McCollum to authorize appropriations
of $5,000,000 for the Attorney General to award grants, in
consultation with FEMA, for training of local fire and
emergency service departments to respond to terrorist
incidents.
The McCollum amendment was adopted by a roll call vote of
20-10.
Mr. Nadler and Mr. Becerra stated for the record that, had
they been present, they would have voted ``aye'' on the
McCollum amendment.
AYES NAYS
Mr. Hyde Mr. Sensenbrenner
Mr. Moorhead Mr. Gekas
Mr. McCollum Mr. Coble
Mr. Gallegly Mr. Inglis
Mr. Bono Mr. Goodlatte
Mr. Bryant of Tennessee Mr. Buyer
Mr. Flanagan Mr. Hoke
Mr. Conyers Mr. Heineman
Mrs. Schroeder Mr. Chabot
Mr. Frank Mr. Barr
Mr. Schumer
Mr. Berman
Mr. Boucher
Mr. Bryant of Texas
Mr. Reed
Mr. Scott
Mr. Watt
Mr. Serrano
Ms. Lofgren
Ms. Jackson Lee

2. An amendment by Mr. Schumer to authorize the Secretary
of the Treasury to promulgate regulations prohibiting the
manufacture of explosive materials without tracer element
taggants.
The Schumer amendment was defeated by a roll call vote of
11-19.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Frank Mr. Sensenbrenner
Mr. Schumer Mr. Coble
Mr. Berman Mr. Schiff
Mr. Bryant of Texas Mr. Gallegly
Mr. Reed Mr. Canady
Mr. Nadler Mr. Inglis
Mr. Becerra Mr. Goodlatte
Ms. Lofgren Mr. Buyer
Ms. Jackson Lee Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Boucher
Mr. Scott
Mr. Watt

3. An amendment by Ms. Lofgren to strike section 623 from
the bill, which would subject illegal aliens to exclusion
proceedings rather than deportation proceedings.
The Lofgren amendment was defeated by a roll call vote of
9-23.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Berman Mr. Sensenbrenner
Mr. Nadler Mr. McCollum
Mr. Scott Mr. Coble
Mr. Watt Mr. Smith of Texas
Mr. Becerra Mr. Schiff
Ms. Lofgren Mr. Gallegly
Ms. Jackson Lee Mr. Canady
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Frank
Mr. Schumer
Mr. Boucher
Mr. Bryant of Texas
Mr. Reed

4. An amendment by Mr. Schumer to authorize the Attorney
General together with the National Institute of Justice to
identify which bullets are able to pierce police body armor,
and to grant the Attorney General the authority to outlaw such
bullets by regulation.
The Schumer amendment was adopted by a roll call vote of
16-14.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Schumer Mr. Sensenbrenner
Mr. Berman Mr. McCollum
Mr. Bryant of Texas Mr. Gekas
Mr. Reed Mr. Smith of Texas
Mr. Nadler Mr. Gallegly
Mr. Scott Mr. Inglis
Mr. Watt Mr. Goodlatte
Mr. Becerra Mr. Buyer
Mr. Serrano Mr. Hoke
Ms. Lofgren Mr. Bono
Ms. Jackson Lee Mr. Bryant of Tennessee
Mr. Heineman Mr. Barr
Mr. Chabot
Mr. Flanagan

5. An amendment by Ms. Jackson Lee to sunset five years
after the date of enactment all of Title VI of the bill subject
to an extension by Congress.
The Jackson Lee amendment was defeated by a 15-15 roll call
vote.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Berman Mr. Sensenbrenner
Mr. Bryant of Texas Mr. McCollum
Mr. Reed Mr. Coble
Mr. Nadler Mr. Smith of Texas
Mr. Scott Mr. Gallegly
Mr. Watt Mr. Canady
Mr. Becerra Mr. Goodlatte
Mr. Serrano Mr. Buyer
Ms. Lofgren Mr. Hoke
Ms. Jackson Lee Mr. Bono
Mr. Inglis Mr. Bryant of Tennessee
Mr. Heineman Mr. Chabot
Mr. Barr Mr. Flanagan

6. An amendment by Mr. Nadler to strike from the provisions
relating to the special deportation proceedings for certain
alien terrorists that provision which authorizes continuation
of the proceedings if a declassified summary of evidence cannot
be provided to the alien and also those provisions establishing
a special panel of attorneys to challenge classified evidence
on behalf of certain alien terrorists.
The Nadler amendment was defeated by a roll call vote of
12-18.
Mr. Berman and Ms. Jackson Lee stated for the record that,
had they been present, they would have voted ``aye'' on the
Nadler amendment.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Frank Mr. Sensenbrenner
Mr. Boucher Mr. Coble
Mr. Bryant of Texas Mr. Smith of Texas
Mr. Reed Mr. Schiff
Mr. Nadler Mr. Gallegly
Mr. Scott Mr. Canady
Mr. Watt Mr. Inglis
Mr. Becerra Mr. Goodlatte
Mr. Serrano Mr. Buyer
Ms. Lofgren Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Schumer

7. An en bloc amendment by Mr. Becerra to strike sections
621 and 622 of the bill establishing expedited asylum and
exclusion procedures and standards.
The Becerra en bloc amendment was defeated by a roll call
vote of 5-24.
Ms. Jackson Lee stated for the record that, had she been
present, she would have voted ``aye'' on the Becerra en bloc
amendment.
AYES NAYS
Mr. Nadler Mr. Hyde
Mr. Scott Mr. Moorhead
Mr. Watt Mr. Sensenbrenner
Mr. Becerra Mr. Gekas
Mr. Serrano Mr. Coble
Mr. Smith of Texas
Mr. Schiff
Mr. Gallegly
Mr. Canady
Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mrs. Schroeder
Mr. Frank
Mr. Boucher
Mr. Bryant of Texas
Mr. Reed
Ms. Lofgren

june 15, 1995

8. An amendment by Mr. Scott to strike section 306 of the
bill, which permits an exception to the statutory exclusionary
rule for wiretap evidence, and to replace it with language
derived from the Supreme Court decision of United States v.
Leon, 468 U.S. 897 (1984).
The Scott amendment was defeated by a roll call vote of
13-21.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Schumer Mr. Sensenbrenner
Mr. Berman Mr. McCollum
Mr. Boucher Mr. Gekas
Mr. Reed Mr. Coble
Mr. Nadler Mr. Smith of Texas
Mr. Scott Mr. Schiff
Mr. Watt Mr. Gallegly
Mr. Becerra Mr. Canady
Mr. Serrano Mr. Inglis
Ms. Lofgren Mr. Goodlatte
Ms. Jackson Lee Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Frank

9. A motion by Mr. Flanagan to reconsider the Schumer
amendment relating to ``cop killer'' bullets. See roll call
vote summary number 4, above. The motion to reconsider the
Schumer amendment was approved by a roll call vote of 21-14.
AYES NAYS
Mr. Hyde Mr. Conyers
Mr. Moorhead Mrs. Schroeder
Mr. Sensenbrenner Mr. Frank
Mr. McCollum Mr. Schumer
Mr. Gekas Mr. Berman
Mr. Coble Mr. Bryant of Texas
Mr. Smith of Texas Mr. Reed
Mr. Schiff Mr. Nadler
Mr. Gallegly Mr. Scott
Mr. Canady Mr. Watt
Mr. Inglis Mr. Becerra
Mr. Goodlatte Mr. Serrano
Mr. Buyer Ms. Lofgren
Mr. Hoke Ms. Jackson Lee
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Boucher

Upon approval of the Flanagan motion, the Schumer amendment
relating to ``cop killer'' bullets was the business again
before the Committee.
10. An amendment by Mr. Heineman to amend the Schumer
amendment and replace it with a 6-month study by the National
Institute of Justice (NIJ) to determine the methodology for
identifying handgun ammunition that is capable of penetrating
body-armor.
The Heineman amendment to the Schumer amendment was adopted
by a roll call vote of 20-13.
AYES NAYS
Mr. Hyde Mr. Conyers
Mr. Moorhead Mrs. Schroeder
Mr. Sensenbrenner Mr. Schumer
Mr. McCollum Mr. Berman
Mr. Gekas Mr. Reed
Mr. Coble Mr. Nadler
Mr. Smith of Texas Mr. Scott
Mr. Schiff Mr. Watt
Mr. Gallegly Mr. Becerra
Mr. Canady Mr. Serrano
Mr. Inglis Ms. Lofgren
Mr. Goodlatte Ms. Jackson Lee
Mr. Buyer Mr. Chabot
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Flanagan
Mr. Barr
Mr. Boucher

11. The Schumer amendment as amended by the Heineman
amendment was brought to a vote. It was adopted by a roll call
vote of 22-12.
AYES NAYS
Mr. Hyde Mr. Conyers
Mr. Moorhead Mrs. Schroeder
Mr. Sensenbrenner Mr. Schumer
Mr. McCollum Mr. Berman
Mr. Gekas Mr. Bryant of Texas
Mr. Coble Mr. Reed
Mr. Smith of Texas Mr. Nadler
Mr. Schiff Mr. Scott
Mr. Gallegly Mr. Becerra
Mr. Canady Mr. Serrano
Mr. Inglis Ms. Lofgren
Mr. Goodlatte Ms. Jackson Lee
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Boucher
Mr. Watt

june 16, 1995

12. An amendment by Mr. Frank to allow the use of ``special
attorneys'' cleared to receive classified information in the
special deportation proceedings for any ``lawfully admitted''
alien rather than simply for ``lawful permanent'' resident
aliens.
The Frank amendment was defeated by a roll call vote of 13-
18.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Frank Mr. Sensenbrenner
Mr. Berman Mr. McCollum
Mr. Boucher Mr. Gekas
Mr. Bryant of Texas Mr. Coble
Mr. Reed Mr. Smith of Texas
Mr. Scott Mr. Schiff
Mr. Watt Mr. Canady
Mr. Becerra Mr. Inglis
Ms. Lofgren Mr. Goodlatte
Ms. Jackson Lee Mr. Buyer
Mr. Flanagan Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Barr

june 20, 1995

13. An amendment by Ms. Lofgren to strike sections 303 an
304 (the Bereuter Initiative) of the bill relating to FBI
access to certain consumer credit agency records and records of
common carriers, hotels, motels, and vehicle rental companies,
upon presentation of a National Security Letter from the FBI
Director certifying that the information sought was necessary
to an on-going foreign counter-intelligence investigation and
replacing those sections with language requiring a court order
authorizing access to such records.
The Lofgren amendment was adopted by a roll call vote of
16-15.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Frank Mr. Sensenbrenner
Mr. Schumer Mr. Coble
Mr. Berman Mr. Smith of Texas
Mr. Boucher Mr. Gallegly
Mr. Bryant of Texas Mr. Canady
Mr. Reed Mr. Inglis
Mr. Scott Mr. Goodlatte
Mr. Watt Mr. Buyer
Mr. Becerra Mr. Hoke
Mr. Serrano Mr. Bono
Ms. Lofgren Mr. Heineman
Ms. Jackson Lee Mr. Bryant of Tennessee
Mr. Chabot Mr. Barr
Mr. Flanagan

14. An amendment by Ms. Lofgren to limit, within the
definition of ``material support'' found in section 103 of the
bill, the scope of the term ``other physical assets'' to not
include ``medicine or religious materials.''
The Lofgren amendment was adopted by a roll call vote of
16-15.
AYES NAYS
Mr. Conyers Mr. Moorhead
Mrs. Schroeder Mr. Sensenbrenner
Mr. Frank Mr. Coble
Mr. Schumer Mr. Smith of Texas
Mr. Berman Mr. Gallegly
Mr. Boucher Mr. Canady
Mr. Bryant of Texas Mr. Inglis
Mr. Reed Mr. Goodlatte
Mr. Scott Mr. Buyer
Mr. Watt Mr. Bono
Mr. Becerra Mr. Heineman
Mr. Serrano Mr. Bryant of Tennessee
Ms. Lofgren Mr. Chabot
Ms. Jackson Lee Mr. Flanagan
Mr. Hyde Mr. Barr
Mr. Hoke

15. An amendment by Ms. Jackson Lee to sunset six years
after the date of enactment all of Title VI of the bill subject
to an extension by Congress.
The Jackson Lee amendment was defeated by a roll call vote
of 17-17.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Frank Mr. McCollum
Mr. Schumer Mr. Gekas
Mr. Berman Mr. Coble
Mr. Boucher Mr. Smith of Texas
Mr. Bryant of Texas Mr. Schiff
Mr. Reed Mr. Gallegly
Mr. Nadler Mr. Canady
Mr. Scott Mr. Inglis
Mr. Watt Mr. Goodlatte
Mr. Becerra Mr. Buyer
Mr. Serrano Mr. Bono
Ms. Lofgren Mr. Bryant of Tennessee
Ms. Jackson Lee Mr. Chabot
Mr. Hoke Mr. Flanagan
Mr. Heineman Mr. Barr

16. An amendment by Mr. Nadler to mandate that the alien
terrorists involved in the special deportation proceedings be
given a summary that gives the alien ``substantially the same
ability to make his defense'' as would providing the alien with
the classified information.
The Nadler amendment was defeated by a roll call vote of 9-
19.
Ms. Lofgren and Ms. Jackson Lee stated for the record that,
had they been present, they would have voted ``aye'' on the
Nadler amendment.
AYES NAYS
Mr. Conyers Mr. Hyde
Mrs. Schroeder Mr. Moorhead
Mr. Berman Mr. McCollum
Mr. Boucher Mr. Gekas
Mr. Bryant of Texas Mr. Coble
Mr. Nadler Mr. Smith of Texas
Mr. Scott Mr. Gallegly
Mr. Watt Mr. Canady
Mr. Becerra Mr. Inglis
Mr. Goodlatte
Mr. Buyer
Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr
Mr. Schumer

17. An amendment by Mr. Bryant of Texas, to grant
additional standing beyond members of a foreign terrorist
groups to challenge the Secretary of State's designation of the
foreign organization as a ``terrorist organization.''.
The Bryant of Texas amendment was defeated by a roll call
vote of 10-16.
Mrs. Schroeder and Mr. Boucher stated for the record that,
had they been present, they would have voted ``aye'' on the
Bryant of Texas amendment.
AYES NAYS
Mr. Conyers Mr. Hyde
Mr. Schumer Mr. Moorhead
Mr. Berman Mr. McCollum
Mr. Bryant of Texas Mr. Gekas
Mr. Nadler Mr. Coble
Mr. Scott Mr. Gallegly
Mr. Watt Mr. Inglis
Mr. Becerra Mr. Goodlatte
Ms. Lofgren Mr. Buyer
Ms. Jackson Lee Mr. Hoke
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Chabot
Mr. Flanagan
Mr. Barr

18. The Chairman moved to favorably report H.R. 1710, as
amended, to the House. The motion was agreed to by a roll call
vote of 23-12.
AYES NAYS
Mr. Hyde Mr. Conyers
Mr. Moorhead Mrs. Schroeder
Mr. McCollum Mr. Bryant of Texas
Mr. Gekas Mr. Nadler
Mr. Coble Mr. Scott
Mr. Smith of Texas Mr. Watt
Mr. Schiff Mr. Becerra
Mr. Gallegly Mr. Serrano
Mr. Canady Mr. Sensenbrenner
Mr. Goodlatte Mr. Inglis
Mr. Buyer Mr. Chabot
Mr. Hoke Mr. Barr
Mr. Bono
Mr. Heineman
Mr. Bryant of Tennessee
Mr. Flanagan
Mr. Frank
Mr. Schumer
Mr. Berman
Mr. Boucher
Mr. Reed
Ms. Lofgren
Ms. Jackson Lee

Committee Oversight Findings

In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.

Committee on Government Reform and Oversight Findings

No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.

New Budget Authority and Tax Expenditures

Clause 2(l)(3)(B) of House Rule XI is [in]applicable
because this legislation does not provide new budgetary
authority or increased tax expenditures.

Congressional Budget Office Cost Estimate

In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 1710, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 24, 1995.
Hon. Henry J. Hyde,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1710, the
Comprehensive Antiterrorism Act of 1995, as ordered reported by
the House Committee on the Judiciary on June 20, 1995. Because
the bill would affect direct spending and receipts, pay-as-you-
go procedures would apply.
If you wish further details on this estimate, we will be
pleased to provide them.
Sincerely,
June E. O'Neill, Director.
Enclosure.

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

1. Bill number: H.R. 1710.
2. Bill title: Comprehensive Antiterrorism Act of 1995.
3. Bill status: As ordered reported by the House Committee
on the Judiciary on June 20, 1995.
4. Bill purpose: H.R. 1710 would make many changes and
additions to federal laws relating to terrorism. Provisions
having a potentially significant budgetary impact include the
following:
Titles I and II would provide for new and increased
penalties for a number of crimes related to terrorism;
Title VI would authorize appropriations of $5 million
annually, beginning in fiscal year 1996, for the
Immigration and Naturalization Service (INS) for the
detention and deportation of alien terrorists;
Title VI would provide for criminal forfeiture of
property in passport and visa fraud cases;
Title VII would authorize appropriations of such sums
as are necessary for the Federal Bureau of
Investigation (FBI) for the following activities: (1)
Hiring additional personnel and procuring equipment to
support expanded investigations of domestic and
international terrorism activities, (2) establishing a
Domestic Counterterrorism Center, and (3) providing law
enforcement coverage of public events offering the
potential for international terrorism;
Title VII also would authorize appropriations of: (1)
$5 million for fiscal year 1996 for the Attorney
General to make grants to metropolitan areas for fire
and emergency services antiterrorist training, (2) $10
million annually for the Attorney General to assist
foreign countries in procuring antiterrorism
technology, and (3) $10 million for the National
Institute of Justice for research and development to
support counterterrorism technologies;
Title VII would authorize new fees for fiscal years
1996 and 1997 for the Department of State for border
security programs; and
Title VII would impose a 40 percent surcharge on
civil monetary penalties during the fiscal years 1996
through 1998.
5. Estimated cost to the Federal Government: Assuming
appropriation of the entire amounts authorized for
discretionary programs, enacting H.R. 1710 would increase
federal spending over fiscal years 1996 through 2000 by an
average of about $160 million per year. Several provisions of
H.R. 1710 also would result in changes to mandatory spending
and federal revenues. The budgetary effects of the legislation
are summarized in Table 1.

TABLE 1.--SUMMARY OF COSTS
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000
----------------------------------------------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATIONS ACTION

Authorizations:
Estimated authorization level........................ 186 227 195 115 115
Estimated outlays.................................... 145 219 202 123 115

MANDATORY SPENDING AND RECEIPTS

Direct spending:
Estimated budget authority........................... -56 -112 -112 (\1\) (\1\)
Estimated outlays.................................... -68 -118 -101 3 1
Estimated revenues....................................... (\1\) (\1\) (\1\) (\1\) (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.

The costs of this bill fall within budget functions 750 and
150.
6. Basis of estimate: For purposes of this estimate, CBO
assumes that H.R. 1710 will be enacted by October 1, 1995.
Authorizations of Appropriations. The following estimates
assume that all amounts authorized by the bill would be
appropriated for each fiscal year, and that outlays occur at
historical rates for these or similar activities. The
provisions in this bill that affect discretionary spending are
new and would increase costs to the federal government by the
amounts shown in the above table, assuming appropriations of
the necessary funds. In 1995, appropriations for the Department
of Justice total about $12 billion, of which about $2 billion
is for the FBI.
Title VII of H.R. 1710 would establish in the United States
Treasury the Department of Justice Telecommunications Carrier
Compliance Fund (DOJTCCF). Collections of the 40 percent
surcharge on civil penalties will be available for spending
from the fund, subject to appropriations action. Based on CBO
projections of the fund's collections and the bill's limits on
annual appropriations, we estimate that outlays from the new
fund would be $50 million in 1996, $106 million in 1997, $84
million in 1998, and $8 million in 1999.
Based on information from the FBI, we estimate that the
agency would incur additional costs of about $100 million
annually to carry out the bill's provisions. Most of these
funds would cover the costs to hire personnel (roughly 800
positions) and to procure equipment. Other authorization
amounts are specified in the bill. Table 2 details the bill's
estimated budgetary effects that are subject to appropriations
action.

TABLE 2.--SPENDING SUBJECT TO APPROPRIATIONS
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000
----------------------------------------------------------------------------------------------------------------
Authorization level:
DOJTCCF.............................................. 56 112 80 0 0
FBI.................................................. 100 100 100 100 100
INS.................................................. 5 5 5 5 5
Grants for antiterrorist tracking.................... 5 0 0 0 0
Assistance to foreign countries...................... 10 10 10 10 10
National Institute of Justice........................ 10 0 0 0 0
------------------------------------------------------
Total.............................................. 186 227 195 115 115
Estimated outlays........................................ 145 219 202 123 115
----------------------------------------------------------------------------------------------------------------
Note.--All authorization levels are specified in the bill, except the estimated authorization for the FBI and
the DOJTCCF.

Receipts and Direct Spending. The imposition of new and
enhanced criminal fines in H.R. 1710 could cause government
receipts to increase, but we estimate that any such increase
would be less than $500,000 annually. Criminal fines would be
deposited in the Crime Victims Fund and would be spent in the
following year. Thus, direct spending from the fund would match
the increase in revenues with a one-year lag.
The new forfeiture provision in title VI could lead to more
assets seized and forfeited to the United States, but we
estimate that any such increase would be less than $500,000
annually in value. Proceeds from the sale of any such assets
would be deposited as revenues into the assets forfeiture fund
of the Department of Justice and spent out of that fund in the
same year. Thus, direct spending from the fund would match any
increase in revenues.
H.R. 1710 would authorize the Secretary of State to collect
up to $250 million in fees in 1996 and 1997 for machine
readable visas and to spend the funds on a border security
program. (The current authority to collect such fees expires at
the end of 1995.) Fees collected in excess of that amount would
be deposited in the Treasury as miscellaneous receipts, but
collections are likely to be much less than that threshold. The
Office of Management of Budget estimates that the Department
will collect $80 million in 1996 and $92 million in 1997. CBO
estimates that outlays will lag collections by $12 million in
fiscal 1996 and $6 million in fiscal year 1997.
Collections of the 40 percent surcharge on civil penalties
would be deposited into the DOJTCCF as offsetting receipts and
would be available for spending during the same year. CBO
estimates that the surcharge amounts collected would be $56
million in fiscal year 1996 and $112 million in each of fiscal
years 1997 and 1998.

TABLE 3.--RECEIPTS AND DIRECT SPENDING
[By fiscal years, in millions of dollars]
----------------------------------------------------------------------------------------------------------------
1996 1997 1998 1999 2000
----------------------------------------------------------------------------------------------------------------
REVENUES

New Criminal Fees and Forfeiture......................... (\1\) (\1\) (\1\) (\1\) (\1\)

OFFSETTING RECEIPTS

Department of State Fees:
Estimated budget authority........................... -80 -92 0 0 0
Estimated outlays.................................... -80 -92 0 0 0
Surcharge in Civil Penalties:
Estimated budget authority........................... -56 -112 -112 0 0
Estimated outlays.................................... -56 -112 -112 0 0
Total:
Estimated budget authority..................... -136 -204 -112 0 0
Estimated outlays.............................. -136 -204 -112 0 0

DIRECT SPENDING

Department of State Fees:
Estimated budget authority........................... 80 92 0 0 0
Estimated outlays.................................... 68 86 11 3 1
New Criminal Fees and Forfeiture:
Estimated budget authority........................... (\1\) (\1\) (\1\) (\1\) (\1\)
Estimated outlays.................................... (\1\) (\1\) (\1\) (\1\) (\1\)
Total Direct Spending:
Estimated budget authority..................... 80 92 (\1\) (\1\) (\1\)
Estimated outlays.............................. 68 86 11 3 1
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.

7. Pay-as-you-go considerations: Section 252 of the
Balanced Budget and Emergency Deficit Control Act of 1985 sets
up pay-as-you-go procedures for legislation affecting direct
spending or receipts through 1998. Because several sections of
this bill would affect receipts and direct spending, pay-as-
you-go procedures would apply. These effects are summarized in
the following table.

------------------------------------------------------------------------
1995 1996 1997 1998
------------------------------------------------------------------------
Change in outlays........... 0 -68 -118 -101
Change in receipts.......... 0 0 0 0
------------------------------------------------------------------------

8. Estimated cost to State and local governments: None.
9. Estimate comparison: None.
10. Previous CBO estimate: None.
11. Estimate prepared by: Mark Grabowicz, Joseph Whitehill,
and Melissa Sampson.
12. Estimate approved by: Paul N. Van de Water, Assistant
Director for Budget Analysis.

Inflationary Impact Statement

Pursuant to clause 2(l)(4) of rule XI of the Rules of the
House of Representatives, the Committee estimates that H.R.
1710 will have no significant inflationary impact on prices and
costs in the national economy.

Section-by-Section Analysis

Sec. 1. Short title

This section states that title I may be cited as the
``Comprehensive Antiterrorism Act of 1995.''

Sec. 2. Table of contents

TITLE I--NEW OFFENSES

Sec. 101. Protection of Federal employees

Subsection (a) amends Section 1114 of title 18, United
States Code, to allow federal prosecution for the murder or
attempted murder of all officers and employees of the United
States government while that person was engaged in or because
of that person's official duties. It also covers the murder or
attempted murder of any other person assisting the United
States officer, or employee, in the performance of his or her
duties, or on account of the assistance provided. The penalties
for this offense are the same as those provided under sections
1111, 1112, and 1113 of title 18, United States Code, as
indicated. This includes the death penalty. It is expected that
this section will not expand federal jurisdiction beyond its
traditional role.
Subsection (b) amends Section 115(a)(2) of title 18, United
States Code, by including within that statute's reach threats
``to assault, kidnap, or murder, any person who formerly
served'' as a federal law enforcement officer or agent in
retaliation for the exercise of his official duties. The
statute currently provides this protection to currently
employed federal law enforcement officers, and the family
members of former law enforcement personnel. Curiously, former
federal law enforcement officers are left out of the statute's
coverage. This subsection of the bill corrects that omission.

Sec. 102. Prohibiting material support to terrorist organizations

This section outlaws the knowing provision of material
support to a foreign organization, that a person knows or
should have known is a terrorist organization designated as
such under section 212(a)(3)(B)(iv) of the Immigration and
Nationality Act. See section 611 of this bill. Imprisonment of
up to ten years and a fine is the penalty for a violation of
this section.
This section recognizes the fungibility of financial
resources and other types of material support. Allowing an
individual to supply funds, goods, or services to an
organization, or to any of its subgroups that draw significant
funding from the main organization's treasury, helps defray the
cost to the terrorist organization of running the ostensibly
legitimate activities. This in turn frees an equal sum that can
then be spent on terrorist activities.
It is anticipated that the Secretary of State will be as
exhaustive in his or her designation of terrorist groups for
purposes of this section. The Committee, however, also
recognizes the impracticability of designating each and every
subgroup or group responsible for terrorist activities.
This section allows sufficient flexibility to address the
main terrorist organizations and their component parts that
receive a substantial amount of their funding from the primary
organization. Moreover, the Secretary of State will have to, in
his or her report to the Judiciary Committees of the House and
Senate, be required to explain and limit the reach of any
designation that might be made. This will all be part of the
administrative record, should a judicial challenge to the
designation be undertaken.

Sec. 103. Modification of material support provision

This provision amends section 2339A of title 18, United
States Code, by adding sections 956 and 2332b to the list of
offenses for which an individual can be prosecuted for
providing material support. It is important to note that the
material support being provided, which triggers this section,
need not be to a designated terrorist organization. The support
must be given in furtherance of the specifically listed
criminal offenses, however. So, if one provides lodging to
airplane saboteurs, in furtherance of their escape, that act of
lodging would be the basis for a criminal prosecution under
this section.
This section also deletes current subsection (c)(1) of
section 2339A of title 18, United States Code, which provided
an unworkable prohibition on these types of criminal
investigations. Currently, 2339A (c)(1) precludes investigation
or prosecution unless the Attorney General certifies prior to
the initiation of the investigation that there was evidence of
one's intent to violate federal law. The law now only allows
the FBI to investigate, if the facts available to the FBI prior
to beginning its inquiry, indicate that the individual to be
investigated knowingly or intentionally engaged in a violation
of federal law.
This has been unworkable because the intent of the criminal
actor can typically only be proven through circumstantial
evidence, or other methods of indirect proof, typically
developed only after extensive investigation. See David,
Blackmar, Wolff, and O'Malley, Federal Jury Instructions,
Sec. 17.07 (1992). Thus, subsection (c)(1) effectively negated
the efficacy of 2339A.
Subsection (c)(2) which further limits investigative and
prosecutive authority of the government for criminal activities
that could also be arguably protected by the First Amendment of
the Constitution, would be deleted by this section. As former
Attorney General William P. Barr succinctly stated at the June
12th hearing on this bill, Article III judges are the
appropriate arbiters of Constitutional norms. This is not to
say, that law enforcement agents and the Attorney General are
free to act without regard to their constitutional obligations.
On the contrary, the Attorney General is clearly qualified to
determine the constitutional boundaries of lawful government
actions.
This section also defines the term ``material support or
resources'' to mean ``currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, except medicine or
religious materials.'' ``Medicine'' should be understood to be
limited to the medicine itself, and does not include the vast
array of medical supplies. ``Religious materials'' should not
be read to include anything that could be used to cause
physical injury to any person. It is meant to be limited to
those religious articles typically used during rituals or
teachings of a particular faith, denomination, or sect.

Sec. 104. Acts of terrorism transcending national boundaries

Subsection (a) would create a new federal criminal statute:
title 18, United States Code, Section 2332b.
Subsection (a)(1)(A) of new Section 2332b of title 18,
United States Code, will prohibit the killing, kidnapping,
maiming, and the commission of an assault either with a deadly
weapon or resulting in serious bodily injury, to anyone within
the United States so long as one of six federal jurisdictional
bases set out in subsection (b) are met. Furthermore, the crime
must be committed ``in a manner transcending national
boundaries.'' The phrase ``in a manner transcending national
boundaries'' is defined in subsection (b) as meaning: ``conduct
occurring outside the United States in addition to the conduct
occurring in the United States.'' This provision is viewed as a
substantial limitation on the reach of this section. This
limitation ensures that only those terrorist crimes that are
truly trans-national in scope will be prosecuted under this
section. This definition, together with the Attorney General
certification requirement, at subsection (d) of 2332b, removes
from federal jurisdiction those crimes that ordinarily would be
prosecuted in state court.
Subsection (a)(1)(B) of Section 2332b will outlaw damage
to real or personal property within the United States, so long
as the crime created a substantial risk of serious bodily
injury to any other person, the federal jurisdictional elements
are proved, and the crime involved conduct transcending
national boundaries. Given the other stringent limitations on
federal prosecution under this section, it is not necessary to
further limit the scope of this section by adding a threshold
dollar amount for the property damage before federal law
enforcement agencies can investigate.
Subsection (a)(2) of Section 2332b provides for criminal
prosecution for any threats, attempts, or conspiracies to
commit this offense.
Subsection (b) of Section 2332b supplies the federal
jurisdictional elements that the government will be required to
prove beyond a reasonable doubt at trial. There are six
jurisdictional elements, only one of which needs to be proved
at trial. As is typical in criminal cases, the government will
not be required to prove that the defendant in a criminal
prosecution had knowledge of the jurisdictional basis in order
to obtain a conviction. The jurisdictional elements are derived
from traditional federal jurisdictional bases currently found
in the criminal laws of the United States.
Subsection (c) of Section 2332b establishes the penalties
for this new criminal offense. The penalties range from the
death penalty, if death results to a victim, to not more than
10 years imprisonment for threatening to commit an offense
under this section. Subsection (c)(2) makes this offense non-
probationary and directs the sentencing judge to impose the
penalties consecutively to any other penalties that might be
imposed upon a defendant.
As noted above, subsection (d) of Section 2332b further
limits the reach of federal authority under this section by
requiring the Attorney General, or highest ranking subordinate
with responsibility for criminal prosecutions, to make a
written certification that the offense to be prosecuted, any
preparatory act, or any act meant to conceal its commission, is
``terrorism'' as that term is defined in Sec. 2331 of title 18,
United States Code. This certification must be made before the
government files charges against a defendant for a violation of
this section. Of course, any preliminary investigation,
including grand jury work, can progress prior to the Attorney
General's certification.
Subsection (c) of Section 104 of the bill amends title 18,
United States Code, Section 3286, which is the statute of
limitations for certain terrorism offenses. Subsection (c)
extends the statute of limitations from five to eight years.
This extension is necessary given the type of crimes being
investigated, and the typically trans-national nature of the
offenses which oftentimes requires the coordination of foreign
governments. The necessity of this coordination can result in
substantial delay for an investigation.
First, subsection (c)(1) limits the reach of Section 3286
to non-capital terrorism offenses listed within the section.
Additionally, this section corrects current law which limits to
an eight-year period within which the government must file
criminal charges. This is not consistent with traditional
criminal jurisprudence on capital offenses that allows
prosecution for any capital offense without any time
limitation.
Subsection (c)(5) would include new section 2332b in the
lengthened statute of limitations section to provide for an
eight-year statute of limitations for the newly created
criminal offense.
Subsection (d) amends current law regarding procedures
relating to pre-trial detention hearings under Section 3142 of
title 18, United States Code. Currently, a rebuttable
presumption exists in favor of detention for criminal
defendants that are charged with commission of ``crimes of
violence'' and certain drug trafficking offenses. Subsection
(d) would add sections 956(a) and newly created 2332b to the
list of charges for which the presumption would also apply. The
amendment to Section 3142(e) would do nothing to alter the
procedures of the detention hearings. As always, the defendant
could rebut the presumption by producing evidence refuting the
statutory presumption.

Sec. 105. Conspiracy to harm people and property overseas

This section amends Section 956 of title 18, United States
Code, which currently only prohibits conspiracies within the
United States to injure property overseas.
This amendment will criminalize conspiracies to harm people
and property outside the United States, so long as at least one
was present, and one act in furtherance of the conspiracy
occurred, within the jurisdiction of the United States.
The penalties for offenses under section 956 will range
from life imprisonment for conspiracies to murder or kidnap; 35
years for conspiracy to maim; and 25 years for conspiring to
damage property.

Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas

This section seeks to clarify United States jurisdiction
for specific terrorism crimes occurring overseas. For instance,
the Aircraft Piracy statute is amended by this bill to provide
extraterritorial federal jurisdiction for aircraft piracy if a
U.S. national was on the plane; if the perpetrator is a U.S.
national; or if the offender is found in the U.S. after
committing the crime. The United States has a legitimate
interest in punishing anyone who injures a U.S. national, and
also retains an interest in punishing its own citizens for
crimes committed against foreign nations, or foreign nationals.
In the remaining subsections of section 103, the U.S.
establishes its extraterritorial jurisdiction over terrorism
offenses occurring outside the U.S., so long as the victim is
an ``internationally protected person'' (as defined by Section
1116(b)(4) of title 18); if the victim is a representative,
officer, employee, or agent of the United States; if the
offender is a U.S. national; or if the offender is later found
in the U.S.

Sec. 107. Expansion and modification of weapons of mass destruction
statute

This section amends Section 2332a of title 18, United
States Code. It provides for criminal prosecution for threats
of use of weapons of mass destruction. It also inserts an
interstate or foreign commerce jurisdictional element.
New Subsection (b) of Section 2332a will authorize a
penalty of death for the use, attempted use, threatened use, or
conspiracy to use, such a weapon by a U.S. national outside the
United States that results in the death to any other person
beside the offender.

Sec. 108. Addition of offenses to the money laundering statute

This section makes 20 terrorism offenses ``unlawful
activities'' for the purposes of the money laundering statutes
found at Sec. Sec. 1956, 1957 of title 18, U.S. Code.

Sec. 109. Expansion of Federal jurisdiction over bomb threats

This section amends section 844(e) of title 18, United
States Code. Currently, Section 844(e) prohibits threats of
violence against persons or property, whether true or false, if
the threat is made through the mail or any other instrument of
commerce. This new section replaces ``commerce'' with the words
``interstate or foreign commerce.'' It also expands the
statute's reach to any threat that is ``in or affects
interstate or foreign commerce.''

Sec. 110. Clarification of maritime violence jurisdiction

This section provides clarifying language to Section
2280(b)(1)(A) of title 18, United States Code, which
establishes federal jurisdiction over violent activities
occurring on the high seas.

Sec. 111. Possession of stolen explosives prohibited

This section amends current Section 842(h) of title 18,
United States Code, to include the possession of and pledging,
or acceptance as security for a loan, any stolen explosive
materials that have moved in, or constitute any part of
interstate or foreign commerce. Currently, the law only
prohibits the transport, shipment, concealment, storage,
bartering, sale, and disposal of such stolen explosive
material.

Sec. 112. Study to determine standards for determining what ammunition
is capable of penetrating police body armor

This section requires the National Institute of Justice
(``NIJ'') to conduct a study that will result in a standard
protocol for identifying handgun bullets that are capable of
penetrating body armor commonly worn by police when shot from a
handgun. The National Institute of Justice must report its
findings to Congress with recommendations regarding its
findings.
The current practice is to outlaw them by brand-name
without regard to their specific component qualities.

TITLE II--INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses

This provision rewrites section 844(f) of title 18, United
States Code. It increases the maximum statutory penalties for
crimes committed under this section, and also creates new
mandatory minimum penalties for particular violations.
Current law only provides a 20-year statutory maximum
penalty for any bombing or arson covered by the statute,
regardless of whether any person is injured, or could have been
injured. It does allow for the imposition of the death penalty
if a death is caused by the offense. Section 201 would increase
the maximum statutory penalty to 25 years for property damage
caused by a bombing. If injury is risked or caused, the
defendant will be subject to a mandatory minimum prison term of
20 years and up to 40 years in jail. If death occurs as a
result of the offense, the defendant shall be sentenced to a
term of imprisonment of not less than 30 years and up to life;
the death penalty remains available in such cases.
A defendant convicted of bombing federal properties
resulting in deaths is not currently subject to any mandatory
minimum sentence.
Subsection (b) conforms section 81 of title 18, United
States Code, so the penalties under that section are the same
as those provided by section 201 of this legislation.
Subsection (c) extends the statute of limitations for
violations of sections 81 or 844 (f), (b), or (i) of title 18,
United States Code, from five to seven years.

Sec. 202. Increased penalty for explosive conspiracies

This section creates a new penalty provision under section
844 of title 18, United States Code, so that conspiracies under
section 844 will be punished the same as the substantive
offenses except that the death penalty cannot be imposed for
the conspiracy alone.

Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses

This section will make it a crime to conspire to commit any
offense under the specifically listed sections of title 18,
United States Code found in this provision. Adding the
conspiracy language to these criminal statutes will enable the
Government to prosecute and punish those offenses
appropriately. Without a conspiracy element in the statutory
language, the Government must rely on title 18, United States
Code, section 371, to prosecute conspiracies generally. Section
371 only carries a five year statutory maximum penalty, even if
the underlying offense requires a much higher penalty. This
section corrects this anomaly.

Sec. 204. Mandatory penalty for transferring a firearm knowing that it
will be used to commit a crime of violence

This section does two things. First, it adds language
making it a crime to ``have reasonable cause to believe'' that
a transferred firearm will be used to commit a crime of
violence or a drug trafficking crime. This language replicates
language found in current Sec. 922 (f)(1) and (i). This
provision also makes punishment for this offense parallel to
those penalties that are currently available for first time
offenders under 924(c), which is a mandatory minimum 5 year
term of imprisonment.

Sec. 205. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of violence

This section is patterned after section 204 above and
creates a criminal prohibition on the transfer of explosive
materials, ``knowing or having reasonable cause to believe''
they will be used to commit a crime of violence or drug
trafficking offense. Crimes committed under this section will
be subject to the same penalties as are provided for a first
conviction of section 844(h) of title 18, United States Code,
which is a mandatory minimum 5 year term of imprisonment.

Sec. 206. Directions to Sentencing Commission

This section gives the U.S. Sentencing Commission amendment
authority to expand the scope of its Chapter 3 enhancement for
``international terrorism offenses'' under the U.S. Sentencing
Guidelines, to include all terrorism offenses. In amendments to
the Sentencing Guidelines that became effective November 1,
1996 a new provision that substantially increases jail time for
offenses committed in connection with a crime of international
terrorism. This section of the bill will make that new
provision applicable to all terrorist offenses whether
international or domestic, without having to wait until
November 1996 for the change to become law.

TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Interceptions of communications

Subsection (a) adds various crimes to the list of criminal
offenses for which law enforcement agencies will be allowed to
seek and obtain wiretap authority from the district courts.
Subsection (b) strengthens section 2518(b) of title 18,
United States Code, which currently gives a district court
judge discretion to order periodic reports during the pendency
of an on-going wiretap interception. It will require the
government to make a report to the authorizing judge on the
15th day following the commencement of the interception of
communications. The report to the authorizing judge, will
provide the authorizing judge with facts and information
relating to the success or failure of the wiretap, and the law
enforcement need to continue the wiretap. Current law, section
2518(b) gives the district court discretion to order the filing
of a report, but it is not required by law.

Sec. 302. Pen registers and trap and trace devices in foreign
counterintelligence investigations

This section will authorize pen register and trap and trace
devices for use in foreign counterintelligence investigations
(espionage) using the same threshold standard currently
utilized in criminal investigations. A showing that the
information sought is relevant to an ongoing foreign
counterintelligence investigation, will be all that is
required.
Foreign counterintelligence investigations are those that
involve individuals believed to be agents of foreign powers, or
inquiries relating to espionage activities by foreign powers
themselves.

Sec. 303. Disclosure of certain consumer reports to the Federal Bureau
of Investigation for foreign counterintelligence investigations

This section is a modified version of a bill introduced by
Congressman Doug Bereuter of Nebraska. The Bereuter initiative
passed the 103d Congress on two prior occasions by voice
vote.26
\26\ On October 5, 1994, the House passed Mr. Bereuter's initiative
as a stand-alone bill (H.R. 5143) and as a provision of the Fair Credit
Reporting Act Amendments (Sec. 123 of H.R. 5178). Both measures passed
the House by voice vote. Inaction by the Senate caused both bills to
die at the end of the 103d Congress.
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Section 303 is designed to enhance the FBI's
counterintelligence and international terrorism investigative
capabilities. It amends the Fair Credit Reporting Act (15
U.S.C. 1681 et seq.) and provides the FBI with access, after
first obtaining a judicial order, to information held by
consumer reporting agencies for persons that are subject of
foreign counterintelligence investigation. Once provided with
identifying information, the FBI will be able to direct its
investigation of financial service records under the Right to
Financial Privacy Act.
This section stipulates that the FBI may request
identifying information under certain circumstances and will be
subject to appropriate controls on the use of such information.
The legislation also includes a confidentiality clause which
prohibits a credit reporting company from disclosing that the
FBI has sought or obtained consumer report or identifying
information. Finally, this section requires that any consumer
report issued through this process shall not indicate that the
FBI has sought any information.
This section also provides guidelines for the reimbursement
of consumer reporting agencies by the FBI, places limits on the
dissemination of this information outside the FBI, except to
other law enforcement agencies as may be necessary for the
conduct of a foreign counterintelligence investigation. The
information may also be disclosed to military investigative
services when the individual being investigated is a member of
the armed services. The section also requires annual reports be
made to Congress of all requests. Finally, this section sets
forth parameters for punitive and disciplinary measures to be
taken should unlawful disclosure of credit reports, records, or
information occur.

Sec. 304. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental
facilities in foreign counterintelligence and counterterrorism
cases

This section will provide the FBI access to records of
common carriers, public accommodation facilities, physical
storage facilities, and vehicle rental businesses in
counterintelligence and counterterrorism cases. Other than the
records to be obtained under this section, the procedures,
including the requirement of a court order, as established in
Section 303, above, are likewise applicable under this section.

Sec. 305. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering explosive components inert,
and imposing controls of precursors of explosives

This section requires the Attorney General to conduct a
six-month study concerning (1) the tagging of explosive
materials for purposes of detection and identification; (2)
technology for devices to improve the detection of explosive
materials; (3) whether common chemicals used to manufacture
explosive materials can be rendered inert and whether it is
feasible to require it; and (4) whether it is feasible to
require controls to be imposed on certain precursor chemicals
used to manufacture explosive materials. This section requires
the Attorney General to submit a report to Congress containing
the results of the study. The report will be made available to
the public.

Sec. 306. Application of statutory exclusionary rule concerning
intercepted wire or oral communications

This section limits the suppression of evidence obtained
through wiretaps if a technical violation of the wiretap
statute occurred, so long as the violation was the result of a
good faith error in conducting the wiretap. This provision
adopts the view that so long as the government is not
purposefully violating the wiretap statute, any evidence
obtained pursuant to an otherwise legitimate authorization
order issued by a district court judge will not be excluded
from trial use, grand jury presentation, or any other hearing.
This simply codifies United States v. Leon, 468 U.S. 897
(1984). Additionally, this section will authorize the use of
wiretap evidence in those limited situations where the wiretap
is carried out by purely private individuals--meaning with no
direction or inducement by law enforcement--even though the
evidence was not lawfully obtained by the private party. This
codifies the Supreme Court's holdings in Burdeau v. McDowell,
256 U.S. 465 (1921) and its progeny.

Sec. 307. Exclusion of certain types of information from wiretap-
related definitions

Subsection (a)(3) excludes from the definition of
``electronic communication'' under the wiretap statute
``information stored in a communications system used for the
electronic storage and transfer of funds.'' This will allow law
enforcement to obtain such bank records through the usual grand
jury subpoena, or other court order procedure without requiring
a wiretap order for these purposes.
Subsection (b) eliminates ``electronic communication'' from
the definition of ``radio communications that are readily
accessible to the general public.'' This inclusion of
``electronic communication'' negated the need to exempt from
the wiretap coverage radio transmissions, i.e., scanners, CBs,
and Ham radio signals. ``Electronic communications'' are
already specifically and separately covered by the wiretap
statutes.

Sec. 308. Addition of conspiracies to temporary emergency wiretap
authority

This section amends section 2518(7)(a) of title 18, United
States Code. Section 2518(7)(a) already allows temporary
emergency wiretaps in certain exigent circumstances, without
prior court authorization, including life threatening
situations, threats to national security, and organized crime
conspiracies. This section adds terrorism conspiracies to that
short list.
This provision is a codification of a well-established
doctrine of fourth amendment jurisprudence: exigent
circumstances may render the obtaining of a warrant before a
search impractical. Schmerber v. California, 384 U.S. 757
(1966); United States v. Karo, 468 U.S. 705 (1984).

Sec. 309. Requirements for multipoint wiretaps

This section amends Section 2518(11) of title 18 United
States Code, which allows, in limited circumstances, for an
order authorizing electronic surveillance of an individual
without a specification of the particular facility from which,
or the place where, the communication is to be intercepted.
Section 2518(11) currently requires that the application for
``multi-point'' interception authorization of ``oral''
communications, as compared to ``wire'' or ``electronic''
communications, identify the person to be intercepted and
explain to the judge the reasons why the mobility of the
suspect makes specification of the facility or place of
interception impractical. In order for the warrant to issue, in
such a case, the district court judge must make the finding
that such specification is not practical. For ``wire'' and
``electronic'' communications the current statutory test is
slightly different. Section 2518(11)(b) of title 18, United
States Code, requires that an applicant 27 for ``multi-
point'' wiretap authorization must show that the person to be
intercepted has exhibited a ``purpose or intent to thwart
interception'' of his criminal communications ``by changing
facilities.'' This section makes the different standards
uniform, when the government seeks authorization for multi-
point wiretaps. Section 309 would still require all
applications for multi-point wiretap surveillance to
specifically identify the person to be intercepted and
establish that specification of the facility or place is
impractical, due to the circumstances and nature of the
investigation.
\27\ The applicant for any wiretap authorization sought by the
federal government is an attorney for the government, typically an
Assistant U.S. Attorney, who is responsible for independently reviewing
the investigating agent's affidavit supporting the probable cause
determination asserted by the agent. The AUSA swears under oath and
penalty of perjury, to the accuracy of the information contained in the
gent's affidavit and in the application for interception authorization.
---------------------------------------------------------------------------
This section does nothing to reduce the necessity of a
probable cause finding that the target is engaged in specific
criminal activity and probable cause that the target will use
utilize telephone facilities in furtherance of that criminal
activity. The provision maintains the other statutory
requirements of minimization of non-pertinent conversations.

Sec. 310. Access to telephone billing records

This section corrects an unintended result of the passage
and enactment of a provision of the Digital Telephony Act of
1994 (Pub. L. 103-414). Section 2709(b) of title 18, United
States Code, as currently construed by phone companies only
allows law enforcement access to subscriber information and
long distance phone records, but not local phone records. This
section clarifies that section, and will enable law enforcement
to once again have authorized access to local phone records,
which can be crucial to any criminal investigation.

Sec. 311. Requirement to preserve record evidence

This provision will ensure that all providers of wire or
electronic communication services maintain and keep their
records, when requested, for at least a 90 day period, during
which time a court order to preserve those records will be
obtained. Although most mainstream phone companies already
preserve their records for more than this time period, the
growth of small companies in the industry has resulted in
services that discard records after shorter periods of time.
With the destruction of those records, which could be critical
in a wide variety of investigations, the information is then
lost to law enforcement.

Sec. 312. Authority to request military assistance with respect to
offenses involving biological and chemical weapons

This section authorizes the Attorney General to make a
request of the Department of Defense to provide ``technical and
logistical'' assistance in emergency situations involving
biological weapons or chemical weapons of mass destruction. The
military has special expertise and material for dealing with
and diffusing these types of weapons. The Secretary of Defense
would be allowed to decline to assist the Attorney General if
the assistance would not adversely affect the military
preparedness.
This section defines ``emergency situation involving
biological or chemical weapons of mass destruction'' as a
circumstance involving such a weapon ``that poses a serious
threat to the interests of the United States; and in which
civilian expertise is not readily available to provide the
required assistance to counter the threat involved; that the
Defense Department's special capabilities and expertise are
needed to counter the threat; and that enforcement of the law
would be seriously impaired if assistance from the Department
of Defense were not provided.''
This section would allow the military to operate equipment,
and to monitor, contain, disable, or dispose of a biological or
chemical weapon or elements of the weapon.
Additionally, this section also requires the Attorney
General and the Secretary of Defense to jointly issue
regulations defining the scope and contours of the types of
technical and logistical assistance that is allowed under this
section and the types of actions that the military may take
under this section.
The language of this section makes plain in unambiguous
terms, that the Attorney General and the Secretary of Defense
cannot under any circumstances authorize the use of the
military to arrest or to engage in any conduct involving
searches for, and seizures of, evidence relating to violations
of law, except that the military will be allowed to apprehend
perpetrators or seize evidence if doing so was for the sole
purpose of protecting human life.
Subsection (e) of this section requires the Secretary of
Defense to seek reimbursement from the Attorney General as a
condition for providing the ``technical and logistical
assistance.''
Subsection (f) limits the Attorney General and the Defense
Secretary's ability to delegate their authority under this
provision only to the very top officials within their
respective departments.

Sec. 313. Detention hearing

This section clarifies Section 3142(f) of title 18, United
States Code, for judges involved in hearing detention motions
pursuant to that statute.
Despite the unambiguous language of Rule 45(a) of the
Federal Rules of Criminal Procedure, there has been
inconsistent application of the time periods set out in this
particular statute by judges and magistrate judges faced with
motions for pre-trial detention. Currently, the statute
provides that the detention hearing shall commence no later
than three days after the making of the motion by the
government for detention, and no longer than five days after
the detention motion, if the defendant requests the delay.
Rule 45(a) of the Federal Rules of Criminal Procedure
applies generally to all time periods involved in criminal
matters and this section does not seek to change that
application, rather it clarifies that general rule in this
specific context. Rule 45(a) does not count intervening
Saturdays, Sundays, or federal holidays to any time period set
by statute or rule of less than 11 days.
Without adequate preparation time for such hearings, the
government is often faced with proceeding without all available
information. To assure that the government's statutory rights
in detention hearings are upheld, it is necessary for Congress
to restate a portion of the rule in the statute. Furthermore,
it should be noted that Congress has always understood Rule
45(a) to have general application to all time periods to be
calculated in any criminal proceeding or matter in federal
court.

Sec. 314. Reward authority of the Attorney General

This section provides the Attorney General with authority
to grant rewards to individuals who assist the government in
the arrest and prosecution of individuals engaged in felony
offenses.
This section is consistent with the policies underlying
rewards in criminal cases. Under this provision, the Attorney
General can grant rewards of up to $100,000 without
notification to Congress. Beyond that, the Judiciary Committees
of the House and Senate must be advised, not only of the fact
of the reward but the reasons underlying the reward. These
reports can be made to the Chairman of the respective
committees and are expected to remain confidential, unless
their disclosure is required constitutionally under the
teachings of Brady v. Maryland, 373 U.S. 83 (1963) and Giglio
v. United States, 405 U.S. 150 (1972).

Sec. 315. Definition of terrorism

This section provides a statutory definition of
``terrorism'', and does so without federalizing any state
crimes, and expanding the reach of the federal police power. It
does not make any crime ``terrorist'' over which the federal
government does not possess jurisdiction.
First, this definition acts as a significant limitation on
the government to prosecute individuals who might violate
section 104 of this bill, when enacted. To prosecute someone
under that section, the Attorney General would first have to
certify that the crime was one of terrorism, as defined under
this section.
Secondly, the definition of terrorism is also important in
the sentencing phase of a prosecution of federal law. The U.S.
Sentencing Guidelines, in calculating the appropriate sentence
to be imposed upon a convicted criminal therefore, authorizes
the sentencing judge to consider the nature of the offense, and
the motivation of the crime.
So, in order to keep a sentencing judge from assigning a
terrorist label to crimes that are truly not terrorist, and to
adequately punish the terrorist for his offense, it is
appropriate to define the term.

TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions

This title modifies current law to deal with the increased
risk stemming from the destruction of certain nuclear weapons
that were once part of the arsenal associated with the former
Soviet Union. The bill seeks to expand the jurisdictional basis
for prosecution of violations of title 18, United States Code,
Section 831, as well as to widen the definition of nuclear
materials.
Basically, this title expands the jurisdiction of the U.S.
government to any instance where the offender or victim is a
national of the United States. European nations have observed a
significant increase in the number of cases involving the
smuggling of nuclear materials from former Soviet-bloc nations.

TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

This title is necessary to implement the ``Convention on
the Marking of Plastic Explosives for the Purpose of Detection,
Done at Montreal on 1 March 1991.'' The U.S. is a party to that
treaty.

Sec. 501. Definitions

This section defines relevant terms under this title of the
bill.

Sec. 502. Requirement of detection agents for plastic explosives

This section creates four new criminal prohibitions under
title 18, United States Code, Section 842. First, it prohibits
the manufacture in the U.S. of plastic explosives not
containing detection agents. Next, it outlaws the importation
into, and the exportation from, the U.S. of plastic explosives
not containing such a detection agent. It also proscribes the
shipping, transporting, transferring, receiving, and possession
of plastic explosives that do not contain the required
detection agents. Finally, it prohibits the failure to report,
within 120 days after the date on which this law takes effect,
the possession of any plastic explosives not containing
detection agents.

Sec. 503. Criminal sanctions

This section provides a 10 year statutory maximum sentence
for violations of the new criminal offenses.

Sec. 504. Exceptions

This section establishes exceptions and affirmative
defenses to the application of this title's prohibitions.

Sec. 505. Investigative authority

This section grants investigative jurisdiction for offenses
committed under this title to the Attorney General.

Sec. 506. Effective date

This section establishes the effective date for the
provisions under this title.

TITLE VI--IMMIGRATION-RELATED PROVISIONS

Subtitle A--Removal of Alien Terrorists

Part 1--Removal Procedures for Alien Terrorists

Sec. 601. Removal procedures for alien terrorists

This section amends the Immigration and Nationality Act
(INA) by adding a new title V, entitled ``Special Removal
Procedures for Alien Terrorists.''
Section 501 provides definitions to apply to title V. An
``alien terrorist'' is an alien deportable under current
section 241(a)(4)(B).
Section 502 (``Establishment of Special Removal Court;
Panel of Attorneys to Assist with Classified Information'')
Sections 502 (a) through (c) require the Chief Justice of
the Supreme Court to publicly designate 5 district court judges
from 5 of the U.S. judicial circuits who shall constitute a
special court with jurisdiction to conduct special removal
proceedings. The terms of the judges first appointed shall be
staggered that the term of one judge expires each year. The
Chief Justice shall designate a chief judge, who shall serve a
full five-year term.
Section 502(d) provides that the proceedings shall be
conducted in conformance with section 103(c) of the Foreign
Intelligence Surveillance Act of 1978.
Section 502(e) provides that the special court shall
designate a panel of attorneys each of whom has a security
clearance permitting access to classified information and has
agreed to represent aliens lawfully admitted for permanent
residence with respect to certain classified information used
in special removal proceedings under the provisions of section
506(c).
Section 503 (``Application for Initiation of Special
Removal Proceeding'') provides that when the Attorney General
has classified information than an alien is an alien terrorist,
the Attorney General may seek removal through the filing under
seal, ex parte and in camera, of a written application with the
special court. The application, made under oath or affirmation,
shall identify the attorney making the application; indicate
the approval of the Attorney General or Deputy Attorney General
to the filing of the application based on a finding that the
alien is removable under this title; identify the alien for
whom special removal proceedings are sought; and a statement of
facts to establish that the alien is an alien terrorist, is
physically present in the United States, and that the use of
removal procedures under title II of the Immigration and
Nationality Act (``INA'') would pose a risk to the national
security of the United States. The Attorney General may dismiss
a removal action under this title at any time.
Section 504 (``Consideration of Application'') provides
that any one of the judges on the removal court shall consider,
ex parte and in camera, the application and other information,
including classified information, presented under oath or
affirmation. A verbatim record shall be kept of any hearing on
the application. The judge shall enter ex parte an order
approving the application if there is probable cause to believe
that the alien has been correctly identified, is an alien
terrorist, and that adherence to the provisions of title II of
the INA, regarding the removal of aliens would pose a risk to
national security. The judge, in the case of denial, shall
prepare a written statement of the reasons therefor.
If an order is issued under this section, the alien's
rights regarding removal and expulsion shall be governed
exclusively by this title. No other provisions of the INA shall
apply, unless otherwise specified in this title.
Section 505 (``Special Removal Hearings'') provides that an
alien shall be given reasonable notice of the nature of the
charges and of the time and place of the hearing. The hearing
shall be held expeditiously and by the same judge who granted
the application for the special removal proceeding under
section 504. The hearing shall be open to the public and the
alien shall have the right to be represented by counsel. An
alien unable to afford counsel shall have counsel assigned, in
accordance with section 3006A of title 18. The alien may
introduce evidence and, subject to section 506, may examine the
evidence and cross-examine any witnesses. A verbatim record
shall be kept and the decision shall be based on the evidence
at the hearing.
An alien subject to proceedings under this section shall
not be eligible for relief under section 208 (asylum), 243(h)
(withholding of deportation), 244(a) (suspension of
deportation), 244(e) (voluntary departure), 245 (adjustment of
status), and 249 (registry).
The Department of Justice, or the alien, may request the
judge to compel, by subpoena, the attendance of witnesses and
the production of books, papers, documents, or other objects.
Such requests may be made ex parte, but the judge may reveal an
alien's request to the Department of Justice if the witness or
material requested by the alien would reveal evidence, or the
source of evidence, which the Department of Justice has
received permission to introduce in camera and ex parte under
section 505(e) or section 506.
Section 505(e) provides that classified information shall
be introduced in camera and ex parte, and that neither the
alien nor the public shall be informed of such evidence, or its
sources, other than by reference to a summary of the evidence
prepared in accordance with section 506(b). Electronic
surveillance information obtained through the Foreign
Intelligence Surveillance Act of 1978 shall not be disclosed to
the alien. The United States shall retain the right to seek
protective orders and assert privileges ordinarily available to
the U.S. to protect against the disclosure of classified
information, including the military and state secrets
privileges. The Federal Rules of Evidence shall not apply to
hearings under this title.
At the close of the evidence, argument shall proceed with
the Department of Justice opening and having final reply.
Argument concerning evidence presented in camera and ex parte
shall be heard under like circumstances. The Department has the
burden to prove by clear and convincing evidence that the alien
is an alien terrorist, and thus, subject to removal. If this
burden is met, the judge shall order the alien detained,
pending removal, and taken into custody, if the alien had been
released pending the hearing. The judge shall prepare a written
order of findings of fact and conclusions of law, but shall not
disclose to the public or the alien the source or substance of
information received in camera and ex parte.
Section 506 (``Consideration of Classified Information'')
provides that the judge shall consider each item of classified
information in camera and ex parte. The Department shall
prepare a written summary of such classified information so
long as the summary does not pose a risk to the national
security. The judge shall approve the summary if the judge
finds that the summary is sufficient to inform the alien of the
nature of the evidence and to permit the alien to prepare a
defense. If the judge finds the summary insufficient, the
Department shall have a reasonable opportunity to correct it.
If the summary remains insufficient, the judge shall
terminate the proceedings unless the judge finds that the
continued presence of the alien, or the provision of the
summary, would cause serious and irreparable harm to the
national security or death or serious bodily injury to any
person. If the judge makes these findings, the special removal
proceeding shall continue, the alien shall be informed that no
summary is possible, and the classified information submitted
in camera and ex parte may be used pursuant to section 505(e).
Section 506(c) provides special procedures for cases
involving an alien lawfully admitted for permanent residence in
which the judge determines that no summary of classified
evidence can be provided to the alien. In such cases, the judge
shall appoint a special attorney (see section 502(e)) to whom
the classified information shall be disclosed for purposes of
challenging its verity, in an in camera proceeding. The special
attorney may not disclose the classified information to the
alien, or to any other attorney that might be representing the
alien, and is subject to a prison term of not less than 10, nor
more than 25 years in prison for violating these restrictions.
Section 507 (``Appeals'') provides that the Department may
seek review of a denial of an order to initiate a special
removal hearing by filing an appeal within 20 days of the
denial with the U.S. Court of Appeals for the D.C. Circuit.
Either party may take an interlocutory appeal to the D.C.
Circuit concerning evidentiary issues, including issues
concerning the preparation and submission of a summary of
classified information.
The decision of the judge after the special removal hearing
may be appealed by either the alien, or the Department of
Justice, only to the D.C. Circuit. In the case of an alien
lawfully admitted for permanent residence denied a written
summary of classified information under section 506(b)(4), and
to whom the procedures under section 506(c) have been applied,
there shall be an automatic appeal, unless affirmatively waived
by the alien. To the extent such an appeal concerns classified
information, the special attorney appointed for the alien shall
represent the alien.
Appeals shall be filed within 20 days. This time limit is
jurisdictional except with respect to those aliens subjected to
the procedures set forth in section 506(c). The Court of
Appeals shall hear all appeals from these special removal
proceedings as expeditiously as possible, and shall issue a
decision within 60 days of the district judge's final order.
After the Court of Appeals decision, a petition for certiorari
may be filed by either party to the Supreme Court. An appeal of
an order of detention also shall be taken to the D.C. Circuit
and shall be adjudicated in accordance with the provisions of
sections 3145 through 3148 of title 18.
Section 508 (``Detention and Custody'') provides that the
Attorney General may take into custody any alien against whom
an application under section 503 has been filed. An alien
lawfully admitted for permanent residence is entitled to a
release hearing, and may be released if the alien demonstrates
that he is not likely to flee and that his release will not
endanger national security or the safety of any person. An
alien in detention, under this title, shall be entitled to
reasonable opportunity to communicate with members of the
alien's family, or the alien's attorney, and to have contact
with diplomatic officers of the alien's country of nationality,
if the alien so desires.
If the special removal judge denies the order sought for in
an application under section 503, the alien shall be released
from custody. If the Department seeks review of the denial, the
judge shall impose the least restrictive conditions that will
reasonably assure the appearance of the alien, so long as the
release will not endanger the safety of any other person, or
the community. If no such conditions exist, the alien shall
continue in detention in the custody of the Attorney General.
If, after the hearing under this title, the judge decides
that the alien should not be removed, the alien shall be
released, unless the Attorney General takes an appeal, in which
case the alien shall be detained subject to the conditions in
section 3142 of title 18. If, after the hearing, the judge
decides that the alien is to be removed, however, the alien
shall be detained pending any subsequent judicial review.
An alien ordered removed shall be removed to any country of
the alien's designation. If the alien refuses to designate a
country, or if removal to the designated country would impair
an international obligation, or would otherwise adversely
affect U.S. foreign policy, the removal shall be to any country
willing to receive the alien. If no country is willing to
receive the alien, the alien shall be detained in the custody
of the Attorney General. The Attorney General shall report to
the alien's attorney every 6 months regarding efforts to find a
country willing to accept the alien. An alien in this situation
may be released by the Attorney General only under such
conditions as the Attorney General may prescribe. The removal
of an alien ordered removed under this title may be delayed
pending a criminal trial against the alien and the service of
any sentence imposed following conviction of the alien.
This section also amends section 276(b) to provide that an
alien terrorist removed under the provisions of this title, or
under subsection 235(c) who enters or attempts to enter the
U.S. without the permission of the Attorney General, shall be
fined and imprisoned for 10 years.

Sec. 602. Funding for detention and removal of alien terrorists

This section authorizes to be appropriated, in addition to
amounts already appropriated, $5,000,000 for the purpose of
detaining and deporting alien terrorists.

Part 2--Exclusion and Denial of Asylum for Alien Terrorists

Sec. 611. Membership in terrorist organization as ground for exclusion

This section amends section 212(a)(3)(B) of the INA to
provide that an alien who is a representative or member of an
organization that engages in, or actively supports or
advocates, terrorist activity is excludable from the U.S.
This section also amends section 212(a)(3)(B) by adding a
new clause (iv), defining ``terrorist organization'' to mean a
foreign organization designated in the Federal Register by the
Secretary of State, in consultation with the Attorney General,
based on a finding that the organization engages in, or has
engaged in, terrorist activity that threatens the national
security. Congress shall be notified at least 3 days prior to
the published designation, and has the authority to remove, by
law, any such designation. The designation shall be effective
for 2 years. It cannot be renewed any earlier than 60 days
prior to its expiration. The designation may be removed by the
Secretary of State, in consultation with the Attorney General
at any time. The intention to remove the designation must be
published in the Federal Register prior to its removal.
This section also provides for judicial review of the
terrorist designation by the Secretary. This review must occur
within 30 days of the designation. Only the foreign
organization, or its agent, will have standing to challenge the
``terrorist'' designation.
This section delineates that the review of the designation
will be based solely upon the administrative record, which as
indicated above, may include classified information. The court
can only set aside the ``terrorist'' designation if it finds
that the Secretary's designation is ``arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with the
law, lacking substantial support in the administrative record
taken as a whole or is classified information * * * contrary to
constitutional right, power, privilege, or immunity, or not in
accord with the procedures required by law.''
This section also adds a new clause (v) to section
212(a)(3)(B), defining ``representative'' to include an
officer, official, or spokesman of the organization and any
person who directs, counsels, commands, or induces the
organization to engage in terrorist activity. The determination
of the Secretary of State or Attorney General than an alien is
a representative of a terrorist organization is also subject to
judicial review. The extent of judicial review contemplated
here is limited to the record established by the Immigration
and Naturalization Service (INS), and includes any and all
classified information available to the INS in making its
designation. Appellate review of this designation is also
limited and shall be based upon the substantial evidence rule.

Sec. 612. Denial of asylum to alien terrorists

This section amends section 208 to provide that an alien
may not be granted asylum if the alien is excludable under the
provisions of section 212(a), or deportable under the
provisions of section 241(a) relating to alien terrorists.

Sec. 613. Denial of other relief for alien terrorists

This section amends sections 243(h)(2) (withholding of
deportation), 244(a) (suspension of deportation), 244(e)(2)
(voluntary departure), 245(c) (adjustment of status), and
249(d) (registry) to provide that an alien who is deportable
under section 241(a)(4)(B) is not eligible for these forms of
relief.

Subtitle B--Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers

This section amends section 235(b), regarding the
inspection and exclusion of aliens arriving at a port of entry.
New section 235(b)(1) provides that if an examining immigration
officer determines that an alien is inadmissible under section
212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack of
valid documents), the officer may order the alien removed
without further hearing or review.
An alien who states a fear of persecution, or wishes to
apply for asylum, will be referred for interview by an asylum
officer. If the officer finds that the alien has a credible
fear of persecution, the alien shall be detained for further
consideration of the application for asylum. If the alien does
not meet this standard, and the officer's decision is upheld by
a supervisory asylum officer, the alien will be ordered
removed. An alien may consult with a person of his or her
choosing before the interview, at no expense to the Government
and without delaying the interview. A ``credible fear of
persecution'' means that it is more likely than not that the
alien is telling the truth and the alien has a reasonable
possibility of establishing eligibility for asylum. The
Attorney General is required to write and promulgate
regulations for these procedures consistent with the intent of
this provision.
There is no administrative review of a removal order
entered into under this paragraph, but an alien claiming under
penalty of perjury to be lawfully admitted for permanent
residence shall be entitled to administrative review of such an
order. An alien ordered removed under this paragraph may not
make a collateral attack against the order in a prosecution
under section 275(a) (illegal entry) or 276 (illegal reentry).
New section 235(b)(2) provides that an alien who is not
clearly and beyond a doubt entitled to enter (other than an
alien subject to removal under paragraph (b)(1), or an alien
crewman or stowaway) shall be detained for a hearing before a
special inquiry officer (immigration judge).

Sec. 622. Judicial review

Subsection (a) of this section amends section 106 of the
INA to add a new subsection (e). Subsection (e) precludes
judicial review, subject to the provisions of paragraph (e)(2),
of a decision to exclude an alien from entry under the
expedited exclusion provisions of new section 235(b)(1).
Paragraph (e)(2) allows for habeas corpus review limited to the
issues of whether the petitioner is an alien (provided the
alien makes a non-frivolous claim of U.S. nationality), whether
the alien was ordered specially excluded pursuant to section
235(b)(1)(A), and whether the petitioner is a lawful permanent
resident alien entitled to judicial review according to section
235(b)(1)(e)(i).
A reviewing court may not order any relief other than to
require that the alien receive an exclusion hearing pursuant to
section 236, or a determination in accordance with section
235(c) (special procedures for aliens excludable on national
security grounds) or section 273(d) (procedures for stowaways).
Subsection (b) of this section amends section 235 of the
INA by adding a new subsection (d), which precludes collateral
attack in an action for assessment of penalties for improper
entry or re-entry under section 275 or 276 of the validity of
an order of exclusion, special exclusion, or deportation made
under section 235, 236, or 242 of the INA.

Sec. 623. Exclusion of aliens who have not been inspected and admitted

This section amends section 241 of the INA by adding a new
subsection (d). Subsection (d) provides that an alien present
in the United States, who has not been admitted after
inspection in accordance with section 235 of the INA, is deemed
to be seeking entry and admission and shall be subject to
examination and exclusion in accordance with Chapter 4 of Title
II of the INA. Such an alien must be provided the opportunity
to establish that he or she has been lawfully admitted to the
United States.
This section by operation of law, returns ``to the border''
any alien who has entered the United States unlawfully,
regardless of the duration of his or her presence in the United
States. The Committee expects that such aliens will be subject
to the procedures for examination and exclusion of arriving
aliens set forth in sections 235 and 236 of the INA, and that
the alien will have the opportunity to prove his claim of legal
entry. As long as this opportunity is provided, however, the
Committee believes that the alien can and should be subject to
expedited exclusion and removal from the United States. There
ought to be no constitutional impediment to the expedited
removal from the United States of an alien who has entered the
United States illegally. The fact that an alien has
successfully evaded requirements for lawful entry should not
provide that alien with an entitlement to procedural
protections and relief (other than the opportunity to contest
the allegation of illegal entry) that are not available to an
alien who seeks entry through the normal admissions process.

Subtitle C--Improved Information and Processing

Part 1--Immigration Procedures

Sec. 631. Access to certain confidential INS files through court order

Subsection (a) amends section 245(A)(c)(5) of the INA by
redesignating Subparagraphs (A) through (C) and by adding a new
subparagraph (C) to permit the Attorney General to make an
application to a Federal judge, and for such Federal judge to
authorize disclosure of information in an application for
legalization for the following purposes: to identify an alien
believed to be dead or severely incapacitated; or for criminal
law enforcement purposes if the alleged criminal activity
occurred after the legalization application was filed and
involves terrorist activity, is a crime prosecutable as an
aggravated felony (without regard to length of sentence), or
poses an immediate risk to life or national security.
Subsection (b) makes parallel amendments to the
confidentiality provisions in section 210(b) (Special
Agricultural Worker Program).
The purpose of this section is to amend the provisions in
sections 210 and 245A protecting the confidentiality of
applications for legalization and to ensure that information
contained in such applications would not be used for purposes
of immigration law enforcement. A limited waiver of such
confidentiality, subject to prior approval by a federal judge,
is appropriate in order to identify an alien who is dead or
severely incapacitated, or if the alien is alleged to have
committed a serious criminal offense after the date of the
application. Disclosure in these limited circumstances will not
undermine the initial policy of confidentiality. An alien
filing for legalization did not have a reasonable expectation,
under the laws existing at that time, that information in his
or her application could not be used for the purpose of
identifying that alien for compelling circumstances, unrelated
to immigration enforcement, that would arise after the filing
of the application. The government interest in securing such
information is compelling, and the requirement of judicial
approval will further ensure that the legitimate
confidentiality rights of legalization applicants are
protected.

Sec. 632. Waiver authority concerning notice of denial of application
for visas

This section amends section 212(b) of the INA to permit the
Secretary of State to waive the requirement that the alien be
provided notice of the reasons for denial, in the case of an
alien denied a visa by a consular officer on the basis of the
exclusion grounds in section 212(a)(2) (criminal activity) or
212(a)(3) (national security and terrorist) of the INA.
Currently, all foreign nationals who are denied a visa are
entitled to notice of the basis for the denial. This creates a
difficult situation in those instances where an alien is denied
entry on the basis, for example, of being a drug trafficker or
a terrorist. Clearly, the information that U.S. government
officials are aware of such drug trafficking or terrorist
activity would be highly valued by the alien and may hamper
further investigation and prosecution of the alien and his or
her confederates.
An alien has no constitutional right to enter the United
States and no right to be advised of the basis for the denial
of such a privilege. Thus, there is no constitutional
impediment to the limitation on disclosure in this section.

Part 2--Asset Forfeiture for Passport and Visa Offenses

Sec. 641. Criminal forfeiture for passport and visa related offenses

This section provides for criminal asset forfeiture of
property belonging to anyone engaged in fraudulent passport and
visa related criminal offenses. Individuals who engage in
criminal activity should not be entitled to keep any proceeds
or fruits of their illegal endeavors. Likewise, it stands to
reason that any tangible items used to accomplish a criminal
violation should be removed from a perpetrator's possession.
Criminal asset forfeiture requires the indictment by a grand
jury of the violating property; proof by the government at
trial of the guilt of the property involved in the offense,
which guilt must be established beyond a reasonable doubt; and,
a unanimous jury verdict of the guilty nature of the property
involved.

Sec. 642. Subpoenas for bank records

This section authorizes the issuance of subpoenas for bank
records in any asset forfeiture proceeding relating to
violations of passport and visa related criminal offenses.

Sec. 643. Effective date

This section provides the effectiveness date for this
subtitle, which will begin 90 days after the date of enactment
of this Act.

Subtitle D--Employee Verification by Security Services Companies

Sec. 651. Permitting security services companies to request additional
documentation

This section restricts the application of section
274B(a)(6) of the INA (8 U.S.C. Sec. 1324b(a)(6)), which
otherwise prohibits potential employers of foreign nationals
from requesting additional or different documentation
establishing employment authorization and identity from that
provided by the alien seeking employment. Currently, the INA
makes it an ``unfair immigration-related employment practice''
to refuse to honor documents tendered by foreign nationals
seeking employment in the United States if the documents
tendered reasonably appear on their face to be genuine. This
section will allow employers to ask and require foreign
nationals seeking security-related jobs to present additional
forms of identification, and verification of authorization to
work while in the United States, beyond the bare minimum
requirements set forth in section 274A(b).

TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Authorization of appropriations

This section authorizes appropriation of ``such sums as are
necessary'' to the FBI for three areas of law enforcement
preparedness. Resulting appropriations would first be directed
to the hiring of additional FBI personnel and to purchasing
necessary equipment. The funding would also be earmarked for
the establishment of a Domestic Counterterrorism Center, within
the FBI. Finally, the funding authorized in Sec. 701 would also
help the FBI defray major costs associated with its necessary
coverage of public events viewed as potential targets of
terrorist activity.

Sec. 702. Civil monetary penalty surcharge and telecommunications
carrier compliance payments

This section amends the Communications Assistance for Law
Enforcement Act passed and enacted last Congress (Pub. L. 103-
414). This section provides a 40% surcharge to each civil fine
imposed upon any party found to have violated a federal statute
or regulation in a lawsuit or administrative action in which
the United States seeks a civil sanction. The surcharge funds
will be deposited into a fund to pay for the development of
future technology for use by law enforcement that will provide
the government with access to digital communications when
legitimate law enforcement needs arise, subject to court order.
At present, the telephone service providers are absorbing
the cost of retro-fitting the equipment currently used by law
enforcement for such digital electronic surveillance
activities. For future technological advancements, however, the
103d Congress mandated the United States to fund the
development of software and equipment to accommodate the
government's law enforcement needs. The amounts authorized will
be subject to appropriations.

Sec. 703. Firefighter and emergency services training

This section authorizes the Attorney General to provide
grants to metropolitan fire and emergency service departments
for the purposes of providing specialized training, or
equipment, used to respond to terrorist attacks. The Attorney
General is required to consult with the Federal Emergency
Management Agency prior to awarding such grants. This section
authorizes the appropriation of $5,000,000 to carry out the
purposes of this section.

Sec. 704. Assistance to foreign countries to procure explosive
detection devices and other counterterrorism technology

This section authorizes the appropriation of funds, not to
exceed $10,000,000, to the Attorney General for each fiscal
year to provide assistance to foreign countries facing an
imminent danger of terrorist attack, which threatens American
security interests or U.S. nationals. It is expected that the
Attorney General will consult with the Secretary of State prior
to granting any financial assistance under this section to any
foreign country. Consultation with the Secretary of the
Treasury is also strongly encouraged in this regard as well.

Sec. 705. Research and development to support counterterrorism
technologies

This section authorizes the appropriation of funds, not to
exceed $l0,000,000, to the National Institute of Justice
Science and Technology Office to undertake various research and
development projects to identify or create counterterrorism
technologies. The funds authorized, but subject to
appropriations, will enable the government to develop
technology that will enable the United States to avoid and
combat terrorist attacks. These funds will also help to develop
standards to ensure compatibility of new products with relevant
national defense and security systems. Moreover, it is
anticipated that these funds will enable the government to
identify and assess requirements for technologies that can be
used to establish a national program aimed at assisting state
and local law enforcement agencies in their fight against
terrorist attacks.

TITLE VIII--MISCELLANEOUS

Sec. 801. Machine readable visas and passports

This section amends the Foreign Relations Authorization
Act, fiscal years 1994 and 1995 (P.L. 103-236), to authorize
not more than $250,000,000 in fees collected for processing
visa applications during FYs 1996 and 1997 as to cover the
State Department's costs relating to its border security
program. The State Department can use the funds to develop the
technological infrastructure to create, support, and operate
machine readable visa and automated name-check machines.
Moreover, the funds can be used to improve the quality and
security of United States' passports and to investigate
passport and visa fraud.
The enhancement of the integrity of the United States
passport is solely meant to enable greater protection of our
border security. Improvement of our passports is not intended
to create any national identification system. This section is
strictly meant to improve our ability to preclude the entry
into the United States of undesirable foreign nationals, who
might otherwise attempt to utilize a fraudulent passport to
gain unlawful entry into this country.

Sec. 802. Study of State licensing requirements for the purchase and
use of high explosives

This section requires the Treasury Secretary, together with
the FBI, to conduct a 180-day study of the licensing
requirements applicable in the various states for the purchase
and use of commercial high explosives. The phrase ``commercial
high explosives'' is defined, by way of illustration, to
include ``detonators, detonating cards, dynamite, water gel,
emulsion, blasting agents, and boosters.'' This section also
requires the Treasury Secretary to report the results of the
study to Congress. He shall make all appropriate
recommendations based upon the results of the study.

Sec. 803. Compensation of victims of terrorism

This section allows for compensation to victims of
terrorist acts. The language of the existing statute does not
include terrorism victims among the categories of crime for
which compensation is available. It will allow for compensation
of Americans victimized outside the United States. The funds
for compensation are derived from the currently existing
federal victims' compensation fund.

Sec. 804. Jurisdiction for lawsuits against terrorist states

This section will allow United States nationals to bring
suit against foreign states for ``an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
the provision of material support or resources (as defined in
section 2339A of title 18) for such an act. The lawsuit must
allege that the terrorist act was undertaken by an ``official,
employee, or agent'' of a foreign country, ``while acting
within the scope of his office, employment, or agency.'' It
will allow these lawsuits to proceed in U.S. District Court,
whereas currently such lawsuits are precluded. It is expected
that a lawsuit proceeding under this section will be brought
either by the victim himself, or by his estate in the case of
death or mental incapacity.
This provision has retroactive application to the extent
other applicable statute of limitations periods have not
already expired.

Sec. 805. Study of publicly available instructional material on the
making of bombs, destructive devices, and weapons of mass
destruction

This section requires the Attorney General to undertake a
180-day study of publicly available literature, and material,
instructing how to make bombs, destructive devices, or weapons
of mass destruction. The study is to include a review of print,
electronic, and film media in this regard. This provision
requires the Attorney General to determine the extent to which
the availability of this material has been used in terrorism
incidents, and the likelihood of its use for such activity in
the future.
This section also mandates that the Attorney General review
existing federal laws having application to this material and
the need or utility of any additional statutory coverage.
Furthermore, the Attorney General must render a legal analysis
of the protection provided this material by the First
Amendment.
The Attorney General is required to submit a report of
findings to Congress and make that report available to the
public.

Sec. 806. Compilation of statistics relating to intimidation of
government employees

This section establishes findings by Congress that acts of
violence against all levels of government employees are on the
increase, that such acts create a danger to our constitutional
form of government, and that additional information is needed
to fully understand the true nature and source of the dangers
faced by public servants.
This section then directs the Attorney General to acquire
and compile data for each calendars year, beginning in 1990,
reflecting crimes and incidents of threats of violence against
federal, state, and local government employees on account of
the performance of their public duties. The Attorney General is
required to publish an annual summary of the collected data.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows (existing law proposed
to be omitted is enclosed in black brackets, new matter is
printed in italic, existing law in which no change is proposed
is shown in roman):

TITLE 18, UNITED STATES CODE

* * * * * * *

PART I--CRIMES

Chap. Sec.
1. General provisions......................................... 1
2. Aircraft and motor vehicles................................ 31
* * * * * * *
122. Access to certain records.................................. 2720
* * * * * * *

CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

* * * * * * *

Sec. 32. Destruction of aircraft or aircraft facilities

(a) Whoever willfully--
(1) * * *
* * * * * * *
(7) attempts or conspires to do anything prohibited
under paragraphs (1) through (6) of this subsection;
shall be fined under this title or imprisoned not more than
twenty years or both.
(b) Whoever willfully--
(1) * * *
* * * * * * *
(4) attempts or conspires to commit an offense
described in paragraphs (1) through (3) of this
subsection;
shall[, if the offender is later found in the United States,]
be fined under this title or imprisoned not more than twenty
years, or both. There is jurisdiction over an offense under
this subsection if a national of the United States was on
board, or would have been on board, the aircraft; an offender
is a national of the United States; or an offender is
afterwards found in the United States. For purposes of this
subsection, the term ``national of the United States'' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act.
* * * * * * *

Sec. 37. Violence at international airports

(a) Offense.--A person who unlawfully and intentionally,
using any device, substance, or weapon--
(1) performs an act of violence against a person at
an airport serving international civil aviation that
causes or is likely to cause serious bodily injury (as
defined in section 1365 of this title) or death; or
(2) destroys or seriously damages the facilities of
an airport serving international civil aviation or a
civil aircraft not in service located thereon or
disrupts the services of the airport,
if such an act endangers or is likely to endanger safety at
that airport, or attempts or conspires to do such an act, shall
be fined under this title, imprisoned not more than 20 years,
or both; and if the death of any person results from conduct
prohibited by this subsection, shall be punished by death or
imprisoned for any term of years or for life.
(b) Jurisdiction.--There is jurisdiction over the prohibited
activity in subsection (a) if--
(1) the prohibited activity takes place in the United
States; or
(2) the prohibited activity takes place outside the
United States and (A) the offender is later found in
the United States; or (B) an offender or a victim is a
national of the United States (as defined in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22))).
* * * * * * *

CHAPTER 5--ARSON

* * * * * * *

Sec. 81. Arson within special maritime and territorial jurisdiction

Whoever, within the special maritime and territorial
jurisdiction of the United States, willfully and maliciously
sets fire to or burns, or attempts to set fire to or burn any
building, structure or vessel, any machinery or building
materials or supplies, military or naval stores, munitions of
war, or any structural aids or appliances for navigation or
shipping, shall be [fined under this title or imprisoned not
more than five years, or both] imprisoned not more than 25
years or fined the greater of the fine under this title or the
cost of repairing or replacing any property that is damaged or
destroyed, or both.
If the building be a dwelling or if the life of any person be
placed in jeopardy, he shall be fined under this title or
imprisoned not more than twenty years, or both.
* * * * * * *

CHAPTER 7--ASSAULT

* * * * * * *

Sec. 112. Protection of foreign officials, official guests, and
internationally protected persons

(a) * * *
* * * * * * *
(c) For the purpose of this section ``foreign government'',
``foreign official'', ``internationally protected person'',
``international organization'', ``national of the United
States'', and ``official guest'' shall have the same meanings
as those provided in section 1116(b) of this title.
* * * * * * *
(e) [If the victim of an offense under subsection (a) is an
internationally protected person, the United States may
exercise jurisdiction over the offense if the alleged offender
is present within the United States, irrespective of the place
where the offense was committed or the nationality of the
victim or the alleged offender.] If the victim of an offense
under subsection (a) is an internationally protected person
outside the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States, or
(3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas
under the jurisdiction of the United States including any of
the places within the provisions of sections 5 and 7 of this
title and section 46501(2) of title 49.
* * * * * * *

Sec. 115. Influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family member

(a)(1) Whoever--
(A) assaults, kidnaps, or murders, or attempts or
conspires to kidnap or murder, or threatens to assault,
kidnap or murder a member of the immediate family of a
United States official, a United States judge, a
Federal law enforcement officer, or an official whose
killing would be a crime under section 1114 of this
title; or
* * * * * * *
(2) Whoever assaults, kidnaps, or murders, or attempts or
conspires to kidnap or murder, or threatens to assault, kidnap,
or murder, any person who formerly served as a person
designated in paragraph (1), or a member of the immediate
family of any person who formerly served as a person designated
in paragraph (1), with intent to retaliate against such person
on account of the performance of official duties during the
term of service of such person, shall be punished as provided
in subsection (b).
(b)(1) An assault in violation of this section shall be
punished as provided in section 111 of this title.
(2) A kidnapping [or attempted kidnapping], attempted
kidnapping, or conspiracy to kidnap in violation of this
section shall be punished as provided in section 1201 of this
title for the kidnapping [or attempted kidnapping], attempted
kidnapping, or conspiracy to kidnap of a person described in
section 1201(a)(5) of this title.
(3) A murder [or attempted murder], attempted murder, or
conspiracy to murder in violation of this section shall be
punished as provided in sections 1111 [and 1113], 1113, and
1117 of this title.
* * * * * * *

CHAPTER 10--BIOLOGICAL WEAPONS

* * * * * * *

Sec. 175. Prohibitions with respect to biological weapons

(a) In General.--Whoever knowingly develops, produces,
stockpiles, transfers, acquires, retains, or possesses any
biological agent, toxin, or delivery system for use as a
weapon, or knowingly assists a foreign state or any
organization to do so, or conspires to do so, shall be fined
under this title or imprisoned for life or any term of years,
or both. There is extraterritorial Federal jurisdiction over an
offense under this section committed by or against a national
of the United States.
* * * * * * *

Sec. 178. Definitions

As used in this chapter--
(1) * * *
* * * * * * *
(3) the term ``delivery system'' means--
(A) any apparatus, equipment, device, or
means of delivery specifically designed to
deliver or disseminate a biological agent,
toxin, or vector; or
(B) any vector; [and]
(4) the term ``vector'' means a living organism
capable of carrying a biological agent or toxin to a
host[.]; and
(5) the term ``national of the United States'' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
* * * * * * *

CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

* * * * * * *

Sec. 831. Prohibited transactions involving nuclear materials

(a) Whoever, if one of the circumstances described in
subsection (c) of this section occurs--
(1) without lawful authority, intentionally receives,
possesses, uses, transfers, alters, disposes of, or
disperses any nuclear material or nuclear byproduct
material and--
(A) thereby knowingly causes the death of or
serious bodily injury to any person or
substantial damage to property or the
environment; or
[(B) knows that circumstances exist which are
likely to cause the death of or serious bodily
injury to any person or substantial damage to
property;]
(B)(i) circumstances exist which are likely
to cause the death of or serious bodily injury
to any person or substantial damage to property
or the environment; or (ii) such circumstances
are represented to the defendant to exist;
(2) with intent to deprive another of nuclear
material or nuclear byproduct material, knowingly--
(A) takes and carries away nuclear material
or nuclear byproduct material of another
without authority;
(B) makes an unauthorized use, disposition,
or transfer, of nuclear material or nuclear
byproduct material belonging to another; or
(C) uses fraud and thereby obtains nuclear
material or nuclear byproduct material
belonging to another;
(3) knowingly--
(A) uses force; or
(B) threatens or places another in fear that
any person other than the actor will imminently
be subject to bodily injury;
and thereby takes nuclear material or nuclear byproduct
material belonging to another from the person or
presence of any other;
(4) intentionally intimidates any person and thereby
obtains nuclear material or nuclear byproduct material
belonging to another;
(5) with intent to compel any person, international
organization, or governmental entity to do or refrain
from doing any act, knowingly threatens to engage in
conduct described in paragraph (2)(A) or (3) of this
subsection;
(6) knowingly threatens to use nuclear material or
nuclear byproduct material to cause death or serious
bodily injury to any person or substantial damage to
property or the environment under circumstances in
which the threat may reasonably be understood as an
expression of serious purposes;
* * * * * * *
(c) The circumstances referred to in subsection (a) of this
section are that--
(1) the offense is committed in the United States or
the special maritime and territorial jurisdiction of
the United States, or the special aircraft jurisdiction
of the United States (as defined in section 46501 of
title 49);
[(2) the defendant is a national of the United
States, as defined in section 101 of the Immigration
and Nationality Act (8 U.S.C. 1101);]
(2) an offender or a victim is a national of the
United States or a United States corporation or other
legal entity;
(3) [at the time of the offense the nuclear material
is in use, storage, or transport, for peaceful
purposes, and] after the conduct required for the
offense occurs the defendant is found in the United
States, even if the conduct required for the offense
occurs outside the United States; [or]
(4) the conduct required for the offense occurs with
respect to the carriage of a consignment of [nuclear
material for peaceful purposes] nuclear material or
nuclear byproduct material by any means of
transportation intended to go beyond the territory of
the state where the shipment originates beginning with
the departure from a facility of the shipper in that
state and ending with the arrival at a facility of the
receiver within the state of ultimate destination and
either of such states is the United States[.]; or
(5) the governmental entity under subsection (a)(5)
is the United States or the threat under subsection
(a)(6) is directed at the United States.
* * * * * * *
(f) As used in this section--
(1) the term ``nuclear material'' means material
containing any--
(A) plutonium [with an isotopic concentration
not in excess of 80 percent plutonium 238];
(B) uranium not in the form of ore or ore
residue that contains the mixture of isotopes
as occurring in nature;
(C) enriched uranium, defined as uranium that
contains the isotope 233 or 235 or both in such
amount that the abundance ratio of the sum of
those isotopes to the isotope 238 is greater
than the ratio of the isotope 235 to the
isotope 238 occurring in nature; or
(D) uranium 233;
(2) the term ``nuclear byproduct material'' means any
material containing any radioactive isotope created
through an irradiation process in the operation of a
nuclear reactor or accelerator;
[(2)] (3) the term ``international organization''
means a public international organization designated as
such pursuant to section 1 of the International
Organizations Immunities Act (22 U.S.C. 288) or a
public organization created pursuant to treaty or other
agreement under international law as an instrument
through or by which two or more foreign governments
engage in some aspect of their conduct of international
affairs;
[(3)] (4) the term ``serious bodily injury'' means
bodily injury which involves--
(A) a substantial risk of death;
(B) extreme physical pain;
(C) protracted and obvious disfigurement; or
(D) protracted loss or impairment of the
function of a bodily member, organ, or mental
faculty; [and]
[(4)] (5) the term ``bodily injury'' means--
(A) a cut, abrasion, bruise, burn, or
disfigurement;
(B) physical pain;
(C) illness;
(D) impairment of a function of a bodily
member, organ, or mental faculty; or
(E) any other injury to the body, no matter
how temporary[.];
(6) the term ``national of the United States'' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
(7) the term ``United States corporation or other
legal entity'' means any corporation or other entity
organized under the laws of the United States or any
State, district, commonwealth, territory or possession
of the United States.
* * * * * * *

CHAPTER 40--IMPORTATION, MANUFACTURE, DIS- TRIBUTION AND STORAGE OF
EXPLOSIVE MATERIALS

* * * * * * *

Sec. 841. Definitions

As used in this chapter--
(a) * * *
* * * * * * *
(o) ``Convention on the Marking of Plastic
Explosives'' means the Convention on the Marking of
Plastic Explosives for the Purpose of Detection, Done
at Montreal on 1 March 1991.
(p) ``Detection agent'' means any one of the
substances specified in this subsection when introduced
into a plastic explosive or formulated in such
explosive as a part of the manufacturing process in
such a manner as to achieve homogeneous distribution in
the finished explosive, including--
(1) Ethylene glycol dinitrate (EGDN),
C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular
weight 152, when the minimum concentration in
the finished explosive is 0.2 percent by mass;
(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular
weight 176, when the minimum concentration in
the finished explosive is 0.1 percent by mass;
(3) Para-Mononitrotoluene (p-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137,
when the minimum concentration in the finished
explosive is 0.5 percent by mass;
(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7H<INF>7NO<INF>2, molecular weight 137,
when the minimum concentration in the finished
explosive is 0.5 percent by mass; and
(5) any other substance in the concentration
specified by the Secretary, after consultation
with the Secretary of State and the Secretary
of Defense, which has been added to the table
in part 2 of the Technical Annex to the
Convention on the Marking of Plastic
Explosives.
(q) ``Plastic explosive'' means an explosive material
in flexible or elastic sheet form formulated with one
or more high explosives which in their pure form have a
vapor pressure less than 10-4 Pa at a temperature
of 25+C., is formulated with a binder material, and is
as a mixture malleable or flexible at normal room
temperature.

Sec. 842. Unlawful acts

(a) * * *
* * * * * * *
[(h) It shall be unlawful for any person to receive, conceal,
transport, ship, store, barter, sell, or dispose of any
explosive materials knowing or having reasonable cause to
believe that such explosive materials were stolen.]
(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or
pledge or accept as security for a loan, any stolen explosive
materials which are moving as, which are part of, which
constitute, or which have been shipped or transported in,
interstate or foreign commerce, either before or after such
materials were stolen, knowing or having reasonable cause to
believe that the explosive materials were stolen.
* * * * * * *
(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
(m)(1) it shall be unlawful for any person to import or bring
into the United States, or export from the United States, any
plastic explosive which does not contain a detection agent.
(2) Until the 15-year period that begins with the date of
entry into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the importation or bringing
into the United States, or the exportation from the United
States, of any plastic explosive which was imported, brought
into, or manufactured in the United States before the effective
date of this subsection by or on behalf of any agency of the
United States performing military or police functions
(including any military Reserve component) or by or on behalf
of the National Guard of any State.
(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic explosive
which does not contain a detection agent.
(2)(A) During the 3-year period that begins on the effective
date of this subsection, paragraph (1) shall not apply to the
shipment, transportation, transfer, receipt, or possession of
any plastic explosive, which was imported, brought into, or
manufactured in the United States before such effective date by
any person.
(B) Until the 15-year period that begins on the date of entry
into force of the Convention on the Marking of Plastic
Explosives with respect to the United States has expired,
paragraph (1) shall not apply to the shipment, transportation,
transfer, receipt, or possession of any plastic explosive,
which was imported, brought into, or manufactured in the United
States before the effective date of this subsection by or on
behalf of any agency of the United States performing a military
or police function (including any military reserve component)
or by or on behalf of the National Guard of any State.
(o) It shall be unlawful for any person, other than an agency
of the United States (including any military reserve component)
or the National Guard of any State, possessing any plastic
explosive on the effective date of this subsection, to fail to
report to the Secretary within 120 days after the effective
date of this subsection the quantity of such explosives
possessed, the manufacturer or importer, any marks of
identification on such explosives, and such other information
as the Secretary may by regulations prescribe.
* * * * * * *

Sec. 844. Penalties

[(a) Any person who violates subsections (a) through (i) of
section 842 of this chapter shall be fined under this title or
imprisoned not more than ten years, or both.]
(a) Any person who violates subsections (a) through (i) or
(l) through (o) of section 842 of this title shall be fined
under this title, imprisoned not more than 10 years, or both.
* * * * * * *
(e) Whoever, through the use of the mail, telephone,
telegraph, or other instrument of [commerce,] interstate or
foreign commerce, or in or affecting interstate or foreign
commerce, willfully makes any threat, or maliciously conveys
false information knowing the same to be false, concerning an
attempt or alleged attempt being made, or to be made, to kill,
injure, or intimidate any individual or unlawfully to damage or
destroy any building, vehicle, or other real or personal
property by means of fire or an explosive shall be imprisoned
for not more than five years or fined under this title, or
both.
[(f) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any
building, vehicle, or other personal or real property in whole
or in part owned, possessed, or used by, or leased to, the
United States, any department or agency thereof, or any
institution or organization receiving Federal financial
assistance shall be imprisoned for not more than 20 years,
fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed, or both; and if personal injury results to any
person, including any public safety officer performing duties
as a direct or proximate result of conduct prohibited by this
subsection, shall be imprisoned for not more than 40 years,
fined the greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed, or both; and if death results to any person,
including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by this
subsection, shall be subject to imprisonment for any term of
years, or to the death penalty or to life imprisonment.]
(f) Whoever damages or destroys, or attempts to damage or
destroy, by means of fire or an explosive, any personal or real
property in whole or in part owned, possessed, or used by, or
leased to, the United States, or any department or agency
thereof, or any institution or organization receiving Federal
financial assistance shall be fined under this title or
imprisoned for not more than 25 years, or both, but--
(1) if personal injury results to any person other
than the offender, the term of imprisonment shall be
not more than 40 years;
(2) if fire or an explosive is used and its use
creates a substantial risk of serious bodily injury to
any person other than the offender, the term of
imprisonment shall not be less than 20 years; and
(3) if death results to any person other than the
offender, the offender shall be subject to the death
penalty or imprisonment for any term of years not less
than 30, or for life.
* * * * * * *
(i) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any
building, vehicle, or other real or personal property used in
interstate or foreign commerce or in any activity affecting
interstate or foreign commerce shall be imprisoned for not more
than 20 years, fined the greater of the fine under this title
or the cost of repairing or replacing any property that is
damaged or destroyed, or both; and if personal injury results
to any person, including any public safety officer performing
duties as a direct or proximate result of conduct prohibited by
this subsection, shall be imprisoned for not more than 40
years, fined the greater of the fine under this title or the
cost of repairing or replacing any property that is damaged or
destroyed, or both; and if death results to any person,
including any public safety officer performing duties as a
direct or proximate result of conduct prohibited by this
subsection, shall also be subject to imprisonment for any term
of years, or to the death penalty or to life imprisonment. [No
person shall be prosecuted, tried, or punished for any
noncapital offense under this subsection unless the indictment
is found or the information is instituted within 7 years after
the date on which the offense was committed.]
* * * * * * *
(n) Except as otherwise provided in this section, a person
who conspires to commit any offense defined in this chapter
shall be subject to the same penalties (other than the penalty
of death) as those prescribed for the offense the commission of
which was the object of the conspiracy.
(o) Whoever knowingly transfers any explosive materials,
knowing or having reasonable cause to believe that such
explosive materials will be used to commit a crime of violence
(as defined in section 924(c)(3) of this title) or drug
trafficking crime (as defined in section 924(c)(2) of this
title) shall be subject to the same penalties as may be imposed
under subsection (h) for a first conviction for the use or
carrying of the explosive materials.

Sec. 845. Exceptions; relief from disabilities

(a) Except in the case of subsections (l), (m), (n), or (o)
of section 842 and subsections (d), (e), (f), (g), (h), and (i)
of section 844 of this title, this chapter shall not apply to:
(1) any aspect of the transportation of explosive
materials via railroad, water, highway, or air which
are regulated by the United States Department of
Transportation and agencies thereof and which pertains
to safety;
* * * * * * *
(c) It is an affirmative defense against any proceeding
involving subsection (l), (m), (n), or (o) of section 842 of
this title if the proponent proves by a preponderance of the
evidence that the plastic explosive--
(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
(A) research, development, or testing of new
or modified explosive materials;
(B) training in explosives detection or
development or testing of explosives detection
equipment; or
(C) forensic science purposes; or
(2) was plastic explosive which, within 3 years after
the effective date of this paragraph, will be or is
incorporated in a military device within the territory
of the United States and remains an integral part of
such military device, or is intended to be, or is
incorporated in, and remains an integral part of a
military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any
military reserve component) or the National Guard of
any State, wherever such device is located. For
purposes of this subsection, the term `military device'
includes shells, bombs, projectiles, mines, missiles,
rockets, shaped charges, grenades, perforators, and
similar devices lawfully manufactured exclusively for
military or police purposes.

Sec. 846. Additional powers of the Secretary

The Secretary is authorized to inspect the site of any
accident, or fire, in which there is reason to believe that
explosive materials were involved, in order that if any such
incident has been brought about by accidental means,
precautions may be taken to prevent similar accidents from
occurring. In order to carry out the purpose of this
subsection, the Secretary is authorized to enter into or upon
any property where explosive materials have been used, are
suspected of having been used, or have been found in an
otherwise unauthorized location. Nothing in this chapter shall
be construed as modifying or otherwise affecting in any way the
investigative authority of any other Federal agency. In
addition to any other investigatory authority they have with
respect to violations of provisions of this chapter, the
Attorney General and the Federal Bureau of Investigation,
together with the Secretary, shall have authority to conduct
investigations with respect to violations of subsection (m) or
(n) of section 842 or subsection (d), (e), (f), (g), (h), or
(i) of section 844 of this title. The Attorney General shall
exercise authority over violations of subsection (m) or (n) of
section 842 and subsection (d), (e), (f), (g), (h), or (i) of
section 844 of this title only when they are committed by a
member of a terrorist or revolutionary group. In any matter
involving a terrorist or revolutionary group or individual, as
determined by the Attorney General, the Attorney General shall
have primary investigative responsibility and the Secretary
shall assist the Attorney General as requested.
* * * * * * *

CHAPTER 41--EXTORTION AND THREATS

* * * * * * *

Sec. 878. Threats and extortion against foreign officials, official
guests, or internationally protected persons

(a) * * *
* * * * * * *
(c) For the purpose of this section ``foreign official'',
``internationally protected person'', ``national of the United
States'', and ``official guest'' shall have the same meanings
as those provided in section 1116(a) of this title.
(d) [If the victim of an offense under subsection (a) is an
internationally protected person, the United States may
exercise jurisdiction over the offense if the alleged offender
is present within the United States, irrespective of the place
where the offense was committed or the nationality of the
victim or the alleged offender.] If the victim of an offense
under subsection (a) is an internationally protected person
outside the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States, or
(3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas
under the jurisdiction of the United States including any of
the places within the provisions of sections 5 and 7 of this
title and section 46501(2) of title 49.
* * * * * * *

CHAPTER 44--FIREARMS

* * * * * * *

Sec. 924. Penalties

(a) * * *
* * * * * * *
(h) Whoever knowingly transfers a firearm, knowing or having
reasonable cause to believe that such firearm will be used to
commit a crime of violence (as defined in subsection (c)(3)) or
drug trafficking crime (as defined in subsection (c)(2)) shall
be [imprisoned not more than 10 years, fined in accordance with
this title, or both.] subject to the same penalties as may be
imposed under subsection (c) for a first conviction for the use
or carrying of the firearm.
* * * * * * *

CHAPTER 45--FOREIGN RELATIONS

Sec.
951. Agents of foreign governments.
* * * * * * *
[956. Conspiracy to injure property of foreign government.]
956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.
* * * * * * *

[Sec. 956. Conspiracy to injure property of foreign government

[(a) If two or more persons within the jurisdiction of the
United States conspire to injure or destroy specific property
situated within a foreign country and belonging to a foreign
government or to any political subdivision thereof with which
the United States is at peace, or any railroad, canal, bridge,
or other public utility so situated, and if one or more such
persons commits an act within the jurisdiction of the United
States to effect the object of the conspiracy, each of the
parties to the conspiracy shall be fined under this title or
imprisoned not more than three years, or both.
[(b) Any indictment or information under this section shall
describe the specific property which it was the object of the
conspiracy to injure or destroy.]

Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country

(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where
such other person or persons are located, to commit at any
place outside the United States an act that would constitute
the offense of murder, kidnapping, or maiming if committed in
the special maritime and territorial jurisdiction of the United
States shall, if any of the conspirators commits an act within
the jurisdiction of the United States to effect any object of
the conspiracy, be punished as provided in subsection (a)(2).
(2) The punishment for an offense under subsection (a)(1) of
this section is--
(A) imprisonment for any term of years or for life if
the offense is conspiracy to murder or kidnap; and
(B) imprisonment for not more than 35 years if the
offense is conspiracy to maim.
(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such
other person or persons are located, to damage or destroy
specific property situated within a foreign country and
belonging to a foreign government or to any political
subdivision thereof with which the United States is at peace,
or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated,
shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.
* * * * * * *

CHAPTER 46--FORFEITURE

* * * * * * *

Sec. 982. Criminal forfeiture

(a)(1) * * *
* * * * * * *
(6) The court, in imposing sentence on a person convicted of
a violation of, or conspiracy to violate, section 1541, 1542,
1543, 1544, or 1546 of this title, or a violation of, or
conspiracy to violate, section 1028 of this title if committed
in connection with passport or visa issuance or use, shall
order that the person forfeit to the United States any
property, real or personal, which the person used, or intended
to be used, in committing, or facilitating the commission of,
the violation, and any property constituting, or derived from,
or traceable to, any proceeds the person obtained, directly or
indirectly, as a result of such violation.
(b)(1) Property subject to forfeiture under this section, any
seizure and disposition thereof, and any administrative or
judicial proceeding in relation thereto, shall be governed--
(A) in the case of a forfeiture under subsection
(a)(1) of this section, by subsections (c) and (e)
through (p) of section 413 of the Comprehensive Drug
Abuse Prevention and Control Act of 1970 (21 U.S.C.
853); and
(B) in the case of a forfeiture under subsection
(a)(2) or (a)(6) of this section, by subsections (b),
(c), (e), and (g) through (p) of section 413 of such
Act.
* * * * * * *

Sec. 986. Subpoenas for bank records

(a) At any time after the commencement of any action for
forfeiture in rem brought by the United States under section
1028, 1541, 1542, 1543, 1544, 1546, 1956, 1957, or 1960 of this
title, section 5322 or 5324 of title 31, United States Code, or
the Controlled Substances Act, any party may request the Clerk
of the Court in the district in which the proceeding is pending
to issue a subpoena duces tecum to any financial institution,
as defined in section 5312(a) of title 31, United States Code,
to produce books, records and any other documents at any place
designated by the requesting party. All parties to the
proceeding shall be notified of the issuance of any such
subpoena. The procedures and limitations set forth in section
985 of this title shall apply to subpoenas issued under this
section.
* * * * * * *

CHAPTER 51--HOMICIDE

* * * * * * *

[Sec. 1114. Protection of officers and employees of the United States

[Whoever kills or attempts to kill any judge of the United
States, any United States Attorney, any Assistant United States
Attorney, or any United States marshal or deputy marshal or
person employed to assist such marshal or deputy marshal, any
officer or employee of the Federal Bureau of Investigation of
the Department of Justice, any officer or employee of the
Postal Service, any officer or employee of the Secret Service
or of the Drug Enforcement Administration, any officer or
member of the United States Capitol Police, any member of the
Coast Guard, any employee of the Coast Guard assigned to
perform investigative, inspection or law enforcement functions,
any officer or employee of the Federal Railroad Administration
assigned to perform investigative, inspection, or law
enforcement functions, any officer or employee of any United
States penal or correctional institution, any officer, employee
or agent of the customs or of the internal revenue or any
person assisting him in the execution of his duties, any
immigration officer, any officer or employee of the Department
of Agriculture or of the Department of the Interior designated
by the Secretary of Agriculture or the Secretary of the
Interior to enforce any Act of Congress for the protection,
preservation, or restoration of game and other wild birds and
animals, any employee of the Department of Agriculture
designated by the Secretary of Agriculture to carry out any law
or regulation, or to perform any function in connection with
any Federal or State program or any program of Puerto Rico,
Guam, the Virgin Islands or any other commonwealth, territory,
or possession of the United States, or the District of
Columbia, for the control or eradication or prevention of the
introduction or dissemination of animal diseases, any officer
or employee of the National Park Service, any civilian official
or employee of the Army Corps of Engineers assigned to perform
investigations, inspections, law or regulatory enforcement
functions, or field-level real estate functions, any officer or
employee of, or assigned to duty in, the field service of the
Bureau of Land Management, or any officer or employee of the
Indian field service of the United States, or any officer or
employee of the National Aeronautics and Space Administration
directed to guard and protect property of the United States
under the administration and control of the National
Aeronautics and Space Administration, any security officer of
the Department of State or the Foreign Service, or any officer
or employee of the Department of Education, the Department of
Health and Human Services, the Consumer Product Safety
Commission, Interstate Commerce Commission, the Department of
Commerce, or of the Department of Labor or of the Department of
the Interior or of the Department of Agriculture assigned to
perform investigative, inspection, or law enforcement
functions, or any officer or employee of the Federal
Communications Commission performing investigative, inspection,
or law enforcement functions, or any officer or employee of the
Department of Veterans Affairs assigned to perform
investigative or law enforcement functions, or any United
States probation or pretrial services officer, or any United
States magistrate, or any officer or employee of any department
or agency within the Intelligence Community (as defined in
section 3.4(F) of Executive Order 12333, December 8, 1981, or
successor orders) not already covered under the terms of this
section, any attorney, liquidator, examiner, claim agent, or
other employee of the Federal Deposit Insurance Corporation,
the Comptroller of the Currency, the Office of Thrift
Supervision, the Federal Housing Finance Board, the Resolution
Trust Corporation, the Board of Governors of the Federal
Reserve System, any Federal Reserve bank, or the National
Credit Union Administration, or any other officer or employee
of the United States or any agency thereof designated for
coverage under this section in regulations issued by the
Attorney General engaged in or on account of the performance of
his official duties, or any officer or employee of the United
States or any agency thereof designated to collect or
compromise a Federal claim in accordance with sections 3711 and
3716-3718 of title 31 or other statutory authority shall be
punished, in the case of murder, as provided under section
1111, or, in the case of manslaughter, as provided under
section 1112. except that any such person who is found guilty
of attempted murder shall be imprisoned for not more than
twenty years.]

Sec. 1114. Protection of officers and employees of the United States

Whoever kills or attempts to kill any officer or employee of
the United States or of any agency in any branch of the United
States Government (including any member of the uniformed
services) while such officer or employee is engaged in or on
account of the performance of official duties, or any person
assisting such an officer or employee in the performance of
such duties or on account of that assistance, shall be
punished, in the case of murder, as provided under section
1111, or in the case of manslaughter, as provided under section
1112, or, in the case of attempted murder or manslaughter, as
provided in section 1113.
* * * * * * *

Sec. 1116. Murder or manslaughter of foreign officials, official
guests, or internationally protected persons

(a) * * *
(b) For the purposes of this section:
(1) * * *
* * * * * * *
(7) ``National of the United States'' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
(c) [If the victim of an offense under subsection (a) is an
internationally protected person, the United States may
exercise jurisdiction over the offense if the alleged offender
is present within the United States, irrespective of the place
where the offense was committed or the nationality of the
victim or the alleged offender.] If the victim of an offense
under subsection (a) is an internationally protected person
outside the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States, or
(3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas
under the jurisdiction of the United States including any of
the places within the provisions of sections 5 and 7 of this
title and section 46501(2) of title 49.
* * * * * * *

CHAPTER 55--KIDNAPPING

* * * * * * *

Sec. 1201. Kidnapping

(a) * * *
* * * * * * *
(e) [If the victim of an offense under subsection (a) is an
internationally protected person, the United States may
exercise jurisdiction over the offense if the alleged offender
is present within the United States, irrespective of the place
where the offense was committed or the nationality of the
victim or the alleged offender.] If the victim of an offense
under subsection (a) is an internationally protected person
outside the United States, the United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United
States, (2) an offender is a national of the United States, or
(3) an offender is afterwards found in the United States. As
used in this subsection, the United States includes all areas
under the jurisdiction of the United States including any of
the places within the provisions of sections 5 and 7 of this
title and section 46501(2) of title 49. For purposes of this
subsection, the term ``national of the United States'' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).
* * * * * * *

Sec. 1203. Hostage taking

(a) Except as provided in subsection (b) of this section,
whoever, whether inside or outside the United States, seizes or
detains and threatens to kill, to injure, or to continue to
detain another person in order to compel a third person or a
governmental organization to do or abstain from doing any act
as an explicit or implicit condition for the release of the
person detained, or attempts or conspires to do so, shall be
punished by imprisonment for any term of years or for life and,
if the death of any person results, shall be punished by death
or life imprisonment.
* * * * * * *

CHAPTER 84--PRESIDENTIAL AND PRESIDENTIAL STAFF ASSASSINATION,
KIDNAPPING, AND ASSAULT

* * * * * * *

Sec. 1751. Presidential and Presidential staff assassination,
kidnapping, and assault; penalties

(a) * * *
* * * * * * *
[(g) The Attorney General of the United States, in his
discretion is authorized to pay an amount not to exceed
$100,000 for information and services concerning a violation of
subsection (a)(1). Any officer or employee of the United States
or of any State or local government who furnishes information
or renders service in the performance of his official duties
shall not be eligible for payment under this subsection.]
* * * * * * *

CHAPTER 95--RACKETEERING

* * * * * * *

Sec. 1956. Laundering of monetary instruments

(a) * * *
* * * * * * *
(c) As used in this section--
(1) * * *
* * * * * * *
(7) the term ``specified unlawful activity'' means--
(A) any act or activity constituting an
offense listed in section 1961(1) of this title
except an act which is indictable under
subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction
occurring in whole or in part in the United
States, an offense against a foreign nation
involving--
(i) the manufacture, importation,
sale, or distribution of a controlled
substance (as such term is defined for
the purposes of the Controlled
Substances Act);
(ii) kidnapping, robbery, [or
extortion;] extortion, murder, or
destruction of property by means of
explosive or fire; or
* * * * * * *
(D) an offense under section 32 (relating to
the destruction of aircraft), section 37
(relating to violence at international
airports), section 115 (relating to
influencing, impeding, or retaliating against a
Federal official by threatening or injuring a
family member), section 152 (relating to
concealment of assets; false oaths and claims;
bribery), section 215 (relating to commissions
or gifts for procuring loans), section 351
(relating to Congressional or Cabinet officer
assassination), any of sections 500 through 503
(relating to certain counterfeiting offenses),
section 513 (relating to securities of States
and private entities), section 542 (relating to
entry of goods by means of false statements),
section 545 (relating to smuggling goods into
the United States), section 549 (relating to
removing goods from Customs custody), section
641 (relating to public money, property, or
records), section 656 (relating to theft,
embezzlement, or misapplication by bank officer
or employee), section 657 (relating to lending,
credit, and insurance institutions), section
658 (relating to property mortgaged or pledged
to farm credit agencies), section 666 (relating
to theft or bribery concerning programs
receiving Federal funds), section 793, 794, or
798 (relating to espionage), section 831
(relating to prohibited transactions involving
nuclear materials), section 844 (f) or (i)
(relating to destruction by explosives or fire
of Government property or property affecting
interstate or foreign commerce), section 875
(relating to interstate communications),
section 956 (relating to conspiracy to kill,
kidnap, maim, or injure certain property in a
foreign country), section 1005 (relating to
fraudulent bank entries), 1006 (relating to
fraudulent Federal credit institution entries),
1007 (relating to Federal Deposit Insurance
transactions), 1014 (relating to fraudulent
loan or credit applications), 1032 (relating to
concealment of assets from conservator,
receiver, or liquidating agent of financial
institution), section 1111 (relating to
murder), section 1114 (relating to protection
of officers and employees of the United
States), section 1116 (relating to murder of
foreign officials, official guests, or
internationally protected persons), section
1201 (relating to kidnapping), section 1203
(relating to hostage taking), section 1361
(relating to willful injury of Government
property), section 1363 (relating to
destruction of property within the special
maritime and territorial jurisdiction), section
1708 (theft from the mail), section 1751
(relating to Presidential assassination),
section 2113 or 2114 (relating to bank and
postal robbery and theft), section 2280
(relating to violence against maritime
navigation), section 2281 (relating to violence
against maritime fixed platforms), or section
2319 (relating to copyright infringement) [of
this title] section 2332 (relating to terrorist
acts abroad against United States nationals),
section 2332a (relating to use of weapons of
mass destruction), section 2332b (relating to
international terrorist acts transcending
national boundaries), section 2339A (relating
to providing material support to terrorists) of
this title, section 46502 of title 49, United
States Code, a felony violation of the Chemical
Diversion and Trafficking Act of 1988 (relating
to precursor and essential chemicals), section
590 of the Tariff Act of 1930 (19 U.S.C. 1590)
(relating to aviation smuggling), section 422
of the Controlled Substances Act (relating to
transportation of drug paraphernalia), section
38(c) (relating to criminal violations) of the
Arms Export Control Act, section 11 (relating
to violations) of the Export Administration Act
of 1979, section 206 (relating to penalties) of
the International Emergency Economic Powers
Act, section 16 (relating to offenses and
punishment) of the Trading with the Enemy Act,
any felony violation of section 15 of the Food
Stamp Act of 1977 (relating to food stamp
fraud) involving a quantity of coupons having a
value of not less than $5,000, or any felony
violation of the Foreign Corrupt Practices Act;
or
* * * * * * *

CHAPTER 111--SHIPPING

* * * * * * *

Sec. 2280. Violence against maritime navigation

(a) Offenses.--
(1) In general.--A person who unlawfully and
intentionally--
(A) * * *
* * * * * * *
(H) attempts or conspires to do any act
prohibited under subparagraphs (A) through (G),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if the death of any person
results from conduct prohibited by this paragraph,
shall be punished by death or imprisoned for any term
of years or for life.
(b) Jurisdiction.--There is jurisdiction over the activity
prohibited in subsection (a)--
(1) in the case of a covered ship, if--
(A) such activity is committed--
(i) against or on board a ship flying
the flag of the United States at the
time the prohibited activity is
committed;
(ii) in the United States [and the
activity is not prohibited as a crime
by the State in which the activity
takes place]; or
(iii) [the activity takes place on a
ship flying the flag of a foreign
country or outside the United States,]
by a national of the United States or
by a stateless person whose habitual
residence is in the United States;
* * * * * * *

Sec. 2281. Violence against maritime fixed platforms

(a) Offenses.--
(1) In general.--A person who unlawfully and
intentionally--
(A) * * *
* * * * * * *
(F) attempts or conspires to do anything
prohibited under subparagraphs (A) through (E),
shall be fined under this title, imprisoned not more
than 20 years, or both; and if death results to any
person from conduct prohibited by this paragraph, shall
be punished by death or imprisoned for any term of
years or for life.
* * * * * * *

CHAPTER 113B--TERRORISM

Sec.
2331. Definitions.
2332. Criminal penalties.
* * * * * * *
2332b. Acts of terrorism transcending national boundaries.
* * * * * * *
2339B. Providing material support to terrorist organizations.

Sec. 2331. Definitions

As used in this chapter--
[(1) the term ``international terrorism'' means
activities that--
[(A) involve violent acts or acts dangerous
to human life that are a violation of the
criminal laws of the United States or of any
State, or that would be a criminal violation if
committed within the jurisdiction of the United
States or of any State;
[(B) appear to be intended--
[(i) to intimidate or coerce a
civilian population;
[(ii) to influence the policy of a
government by intimidation or coercion;
or
[(iii) to affect the conduct of a
government by assassination or
kidnapping; and
[(C) occur primarily outside the territorial
jurisdiction of the United States, or transcend
national boundaries in terms of the means by
which they are accomplished, the persons they
appear intended to intimidate or coerce, or the
locale in which their perpetrators operate or
seek asylum;]
(1) the term ``terrorism'' means terrorist activity
as defined in section 212(a)(3)(B)(ii) of the
Immigration and Nationality Act;
(2) the term ``international terrorism'' means
terrorism that occurs primarily outside the territorial
jurisdiction of the United States, or transcends
national boundaries in terms of the means by which it
is accomplished, the persons it appears intended to
intimidate or coerce, or the locale in which its
perpetrators operate or seek asylum;
[(2)] (3) the term ``national of the United States''
has the meaning given such term in section 101(a)(22)
of the Immigration and Nationality Act;
[(3)] (4) the term ``person'' means any individual or
entity capable of holding a legal or beneficial
interest in property; and
[(4)] (5) the term ``act of war'' means any act
occurring in the course of--
(A) declared war;
(B) armed conflict, whether or not war has
been declared, between two or more nations; or
(C) armed conflict between military forces of
any origin.
* * * * * * *

Sec. 2332a. Use of weapons of mass destruction

(a) Offense Against a National or Within the United States.--
A person who, without lawful authority uses, or threatens,
attempts or conspires to use, a weapon of mass destruction--
(1) against a national of the United States while
such national is outside of the United States;
(2) against any person within the United States and
the results of such use affect interstate or foreign
commerce or, in the case of a threat, attempt, or
conspiracy, would have affected interstate or foreign
commerce; or
* * * * * * *
(b) Offense by National Outside the United States.--Any
national of the United States who, without lawful authority and
outside the United States, uses, or threatens, attempts, or
conspires to use, a weapon of mass destruction shall be
imprisoned for any term of years or for life, and if death
results, shall be punished by death, or by imprisonment for any
term of years or for life.
[(b)] (c) Definitions.--For purposes of this section--
(1) the term ``national of the United States'' has
the meaning given in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
(2) the term ``weapon of mass destruction'' means--
(A) any destructive device as defined in
section 921 of this title;
[(B) poison gas;]
(B) any weapon that is designed to cause
death or serious bodily injury through the
release, dissemination, or impact of toxic or
poisonous chemicals, or their precursors;
(C) any weapon involving a disease organism;
or
(D) any weapon that is designed to release
radiation or radioactivity at a level dangerous
to human life.
* * * * * * *

Sec. 2332b. Acts of terrorism transcending national boundaries

(a) Prohibited Acts.--
(1) Whoever, involving any conduct transcending
national boundaries and in a circumstance described in
subsection (b)--
(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults
with a dangerous weapon any individual within
the United States; or
(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or other
real or personal property within the United
States or by attempting or conspiring to
destroy or damage any structure, conveyance, or
other real or personal property within the
United States;
in violation of the laws of any State or the United
States shall be punished as prescribed in subsection
(c).
(2) Whoever threatens to commit an offense under
paragraph (1), or attempts or conspires to do so, shall
be punished as prescribed in subsection (c).
(b) Jurisdictional Bases.--The circumstances referred to in
subsection (a) are--
(1) any of the offenders travels in, or uses the mail
or any facility of, interstate or foreign commerce in
furtherance of the offense or to escape apprehension
after the commission of the offense;
(2) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have so
obstructed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
(3) the victim, or intended victim, is the United
States Government, a member of the uniformed services,
or any official, officer, employee, or agent of the
legislative, executive, or judicial branches, or of any
department or agency, of the United States;
(4) the structure, conveyance, or other real or
personal property is, in whole or in part, owned,
possessed, used by, or leased to the United States, or
any department or agency thereof;
(5) the offense is committed in the territorial sea
(including the airspace above and the seabed and
subsoil below, and artificial islands and fixed
structures erected thereon) of the United States; or
(6) the offense is committed in those places within
the United States that are in the special maritime and
territorial jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-
conspirators of an offense under this section, and accessories
after the fact to any offense under this section, if at least
one of such circumstances is applicable to at least one
offender.
(c) Penalties.--
(1) Whoever violates this section shall be punished--
(A) for a killing or if death results to any
person from any other conduct prohibited by
this section by death, or by imprisonment for
any term of years or for life;
(B) for kidnapping, by imprisonment for any
term of years or for life;
(C) for maiming, by imprisonment for not more
than 35 years;
(D) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
(E) for destroying or damaging any structure,
conveyance, or other real or personal property,
by imprisonment for not more than 25 years;
(F) for attempting or conspiring to commit an
offense, for any term of years up to the
maximum punishment that would have applied had
the offense been completed; and
(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
(2) Notwithstanding any other provision of law, the
court shall not place on probation any person convicted
of a violation of this section; nor shall the term of
imprisonment imposed under this section run
concurrently with any other term of imprisonment.
(d) Limitation on Prosecution.--No indictment shall be sought
nor any information filed for any offense described in this
section until the Attorney General, or the highest ranking
subordinate of the Attorney General with responsibility for
criminal prosecutions, makes a written certification that, in
the judgment of the certifying official, such offense, or any
activity preparatory to or meant to conceal its commission, is
terrorism, as defined in section 2331 of this title.
(e) Proof Requirements.--
(1) The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base
alleged in the indictment.
(2) In a prosecution under this section that is based
upon the adoption of State law, only the elements of
the offense under State law, and not any provisions
pertaining to criminal procedure or evidence, are
adopted.
(f) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
(1) over any offense under subsection (a), including
any threat, attempt, or conspiracy to commit such
offense; and
(2) over conduct which, under section 3 of this
title, renders any person an accessory after the fact
to an offense under subsection (a).
(g) Definitions.--As used in this section--
(1) the term ``conduct transcending national
boundaries'' means conduct occurring outside the United
States in addition to the conduct occurring in the
United States;
(2) the term ``facility of interstate or foreign
commerce'' has the meaning given that term in section
1958(b)(2) of this title;
(3) the term ``serious bodily injury'' has the
meaning prescribed in section 1365(g)(3) of this title;
and
(4) the term ``territorial sea of the United States''
means all waters extending seaward to 12 nautical miles
from the baselines of the United States determined in
accordance with international law.
* * * * * * *

[Sec. 2339A. Providing material support to terrorists

[(a) Definition.--In this section, ``material support or
resources'' means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, but does not include
humanitarian assistance to persons not directly involved in
such violations.
[(b) Offense.--A person who, within the United States,
provides material support or resources or conceals or disguises
the nature, location, source, or ownership of material support
or resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section 32,
36, 351, 844 (f) or (i), 1114, 1116, 1203, 1361, 1363, 1751,
2280, 2281, 2331, or 2339 of this title or section 46502 of
title 49, or in preparation for or carrying out the concealment
of an escape from the commission of any such violation, shall
be fined under this title, imprisoned not more than 10 years,
or both.
[(c) Investigations.--
[(1) In general.--Within the United States, an
investigation may be initiated or continued under this
section only when facts reasonably indicate that--
[(A) in the case of an individual, the
individual knowingly or intentionally engages,
has engaged, or is about to engage in the
violation of this or any other Federal criminal
law; and
[(B) in the case of a group of individuals,
the group knowingly or intentionally engages,
has engaged, or is about to engage in the
violation of this or any other Federal criminal
law.
[(2) Activities protected by the first amendment.--An
investigation may not be initiated or continued under
this section based on activities protected by the First
Amendment to the Constitution, including expressions of
support or the provision of financial support for the
nonviolent political, religious, philosophical, or
ideological goals or beliefs of any person or group.]

Sec. 2339A. Providing material support to terrorists

(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for or in carrying out, a violation of section 32,
37, 351, 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1363,
1751, 2280, 2281, 2332, 2332a, or 2332b of this title or
section 46502 of title 49, or in preparation for or in carrying
out the concealment or an escape from the commission of any
such violation, shall be fined under this title, imprisoned not
more than ten years, or both.
(b) Definition.--In this section, the term ``material support
or resources'' means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives, personnel,
transportation, and other physical assets, except medicine or
religious materials.

Sec. 2339B. Providing material support to terrorist organizations

(a) Offense.--Whoever, within the United States, knowingly
provides material support or resources in or affecting
interstate or foreign commerce, to any organization which the
person knows or should have known is a terrorist organization
and that has been designated under section 212(a)(3)(B)(iv) of
the Immigration and Nationality Act as a terrorist organization
shall be fined under this title or imprisoned not more than 10
years, or both.
(b) Definition.--As used in this section, the term ``material
support or resources'' has the meaning given that term in
section 2339A of this title.
* * * * * * *

CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS

* * * * * * *

Sec. 2510. Definitions

As used in this chapter--
(1) * * *
* * * * * * *
(12) ``electronic communication'' means any transfer
of signs, signals, writing, images, sounds, data, or
intelligence of any nature transmitted in whole or in
part by a wire, radio, electromagnetic, photoelectronic
or photooptical system that affects interstate or
foreign commerce, but does not include--
(A) any wire or oral communication;
(B) any communication made through a tone-
only paging device; [or]
(C) any communication from a tracking device
(as defined in section 3117 of this title); or
(D) information stored in a communications
system used for the electronic storage and
transfer of funds;
* * * * * * *
(16) ``readily accessible to the general public''
means, with respect to a radio communication, that such
communication is not--
(A) * * *
* * * * * * *
(D) transmitted over a communication system
provided by a common carrier, unless the
communication is a tone-only paging system
communication; or
(E) transmitted on frequencies allocated
under part 25, subpart D, E, or F of part 74,
or part 94 of the Rules of the Federal
Communications Commission, unless, in the case
of a communication transmitted on a frequency
allocated under part 74 that is not exclusively
allocated to broadcast auxiliary services, the
communication is a two-way voice communication
by radio; [or
[(F) an electronic communication;]
(17) ``electronic storage'' means--
(A) any temporary, intermediate storage of a
wire or electronic communication incidental to
the electronic transmission thereof; and
(B) any storage of such communication by an
electronic communication service for purposes
of backup protection of such communication;
[and]
(18) ``aural transfer'' means a transfer containing
the human voice at any point between and including the
point of origin and the point of reception[.]; and
(19) ``domestic terrorism'' means terrorism, as
defined in section 2331 of this title, that occurs
primarily inside the territorial jurisdiction of the
United States.
* * * * * * *

Sec. 2515. Prohibition of use as evidence of intercepted wire or oral
communications

Whenever any wire or oral communication has been intercepted,
no part of the contents of such communication and no evidence
derived therefrom may be received in evidence in any trial,
hearing, or other proceeding in or before any court, grand
jury, department, officer, agency, regulatory body, legislative
committee, or other authority of the United States, a State, or
a political subdivision thereof if the disclosure of that
information would be in violation of this chapter. This section
shall not apply to the disclosure by the United States in a
criminal trial or hearing or before a grand jury of the
contents of a wire or oral communication, or evidence derived
therefrom, if any law enforcement officers who intercepted the
communication or gathered the evidence derived therefrom acted
with the reasonably objective belief that their actions were in
compliance with this chapter.

Sec. 2516. Authorization for interception of wire, oral, or electronic
communications

(1) The Attorney General, Deputy Attorney General, Associate
Attorney General, or any Assistant Attorney General, any acting
Assistant Attorney General, or any Deputy Assistant Attorney
General or acting Deputy Assistant Attorney General in the
Criminal Division specially designated by the Attorney General,
may authorize an application to a Federal judge of competent
jurisdiction for, and such judge may grant in conformity with
section 2518 of this chapter an order authorizing or approving
the interception of wire or oral communications by the Federal
Bureau of Investigation, or a Federal agency having
responsibility for the investigation of the offense as to which
the application is made, when such interception may provide or
has provided evidence of--
(a) * * *
* * * * * * *
(n) any violation of section 5861 of the Internal
Revenue Code of 1986 (relating to firearms); [and]
(o) any violation of section 956 or section 960
(relating to certain actions against foreign nations),
section 1114 (relating to protection of officers and
employees of the United States), section 1116 (relating
to murder of foreign officials, official guests, or
internationally protected persons), section 2332
(relating to terrorist acts abroad), section 2332a
(relating to weapons of mass destruction), section
2332b (relating to acts of terrorism transcending
national boundaries), section 2339A (relating to
providing material support to terrorists), section 37
(relating to violence at international airports) of
title 18, United States Code, or;
(p) any felony violation of section 842 (relating to
explosives) of this title; and
[(o)] (q) any conspiracy to commit any offense
described in any subparagraph of this paragraph.
* * * * * * *

Sec. 2518. Procedure for interception of wire, oral, or electronic
communications

(1) * * *
* * * * * * *
[(6) Whenever an order authorizing interception is entered
pursuant to this chapter, the order may require reports to be
made to the judge who issued the order showing what progress
has been made toward achievement of the authorized objective
and the need for continued interception. Such reports shall be
made at such intervals as the judge may require.]
(6) Whenever an order authorizing interception is entered
under this chapter, the order shall require the attorney for
the Government to file a report with the judge who issued the
order showing what progress has been made toward achievement of
the authorized objective and the need for continued
interception. Such report shall be made 15 days after the
interception has begun. No other reports shall be made to the
judge under this subsection.
(7) Notwithstanding any other provision of this chapter, any
investigative or law enforcement officer, specially designated
by the Attorney General, the Deputy Attorney General, the
Associate Attorney General, or by the principal prosecuting
attorney of any State or subdivision thereof acting pursuant to
a statute of that State, who reasonably determines that--
(a) an emergency situation exists that involves--
(i) immediate danger of death or serious
physical injury to any person,
(ii) conspiratorial activities threatening
the national security interest, [or]
(iii) conspiratorial activities involving
domestic terrorism or international terrorism
(as that term is defined in section 2331 of
this title), or
[(iii)] (iv) conspiratorial activities
characteristic of organized crime,
that requires a wire, oral, or electronic communication
to be intercepted before an order authorizing such
interception can, with due diligence, be obtained, and
* * * * * * *
[(11) The requirements of subsections (1)(b)(ii) and (3)(d)
of this section relating to the specification of the facilities
from which, or the place where, the communication is to be
intercepted do not apply if--
[(a) in the case of an application with respect to
the interception of an oral communication--
[(i) the application is by a Federal
investigative or law enforcement officer and is
approved by the Attorney General, the Deputy
Attorney General, the Associate Attorney
General, an Assistant Attorney General, or an
acting Assistant Attorney General;
[(ii) the application contains a full and
complete statement as to why such specification
is not practical and identifies the person
committing the offense and whose communications
are to be intercepted; and
[(iii) the judge finds that such
specification is not practical; and
[(b) in the case of an application with respect to a
wire or electronic communication--
[(i) the application is by a Federal
investigative or law enforcement officer and is
approved by the Attorney General, the Deputy
Attorney General, the Associate Attorney
General, an Assistant Attorney General, or an
acting Assistant Attorney General;
[(ii) the application identifies the person
believed to be committing the offense and whose
communications are to be intercepted and the
applicant makes a showing of a purpose, on the
part of that person, to thwart interception by
changing facilities; and
[(iii) the judge finds that such purpose has
been adequately shown.]
(11) The requirements of subsections (1)(b)(11) and (3)(d) of
this section relating to the specification of facilities from
which or the place where the communication is to be intercepted
to do not apply if, in the case of an application with respect
to the interception of oral, wire, or electronic
communications--
(a) the application is by a Federal investigative or
law enforcement officer, and is approved by the
Attorney General, the Deputy Attorney General, the
Associate Attorney General, or an Assistant Attorney
General (or an official acting in any such capacity);
(b) the application contains a full and complete
statement as to why such specification is not practical
and identifies the person committing the offense and
whose communications are to be intercepted; and
(c) the judge finds that such specification is not
practical.
* * * * * * *

CHAPTER 121--STORED WIRE AND ELECTRONIC COMMUNICATIONS AND
TRANSACTIONAL RECORDS ACCESS

* * * * * * *

Sec. 2703. Requirements for governmental access

(a) * * *
* * * * * * *
(c) Records Concerning Electronic Communication Service or
Remote Computing Service.--(1)(A) * * *
* * * * * * *
(C) A provider of electronic communication service or remote
computing service shall disclose to a governmental entity the
name, address, local and long distance telephone toll billing
records, telephone number or other subscriber number or
identity, and length of service of a subscriber to or customer
of such service and the types of services the subscriber or
customer utilized, when the governmental entity uses an
administrative subpoena authorized by a Federal or State
statute or a Federal or State grand jury or trial subpoena or
any means available under subparagraph (B).
* * * * * * *
(f) Requirement to Preserve Evidence.--A provider of wire or
electronic communication services or a remote computing
service, upon the request of a governmental entity, shall take
all necessary steps to preserve records, and other evidence in
its possession pending the issuance of a court order or other
process. Such records shall be retained for a period of 90
days, which period shall be extended for an additional 90-day
period upon a renewed request by the governmental entity.
* * * * * * *

Sec. 2707. Civil action

(a) Cause of Action.--Except as provided in section 2703(e),
any provider of electronic communication service, subscriber,
or [customer] any other person aggrieved by any violation of
this chapter in which the conduct constituting the violation is
engaged in with a knowing or intentional state of mind may, in
a civil action, recover from the person or entity which engaged
in that violation such relief as may be appropriate.
* * * * * * *
(c) Damages.--The court may assess as damages in a civil
action under this section the sum of the actual damages
suffered by the plaintiff and any profits made by the violator
as a result of the violation, but in no case shall a person
entitled to recover receive less than the sum of $1,000, and if
the violation is willful or intentional, such punitive damages
as the court may allow, and, in the case of any successful
action to enforce liability under this section, the costs of
the action, together with reasonable attorney fees, as
determined by the court.
* * * * * * *
(f) Disciplinary Actions for Violations.--If a court
determines that any agency or department of the United States
has violated this chapter and the court finds that the
circumstances surrounding the violation raise questions of
whether or not an officer or employee of the agency or
department acted willfully or intentionally with respect to the
violation, the agency or department shall promptly initiate a
proceeding to determine whether or not disciplinary action is
warranted against the officer or employee who was responsible
for the violation.
* * * * * * *

Sec. 2709. Counterintelligence access to telephone toll and
transactional records

(a) * * *
(b) Required Certification.--The Director of the Federal
Bureau of Investigation, or his designee in a position not
lower than Deputy Assistant Director, may--
(1) request the name, address, length of service, and
toll billing records of a person or entity if the
Director (or his designee in a position not lower than
Deputy Assistant Director) certifies in writing to the
wire or electronic communication service provider to
which the request is made that--
(A) the name, address, length of service, and
local and long distance toll billing records
sought are relevant to an authorized foreign
counterintelligence investigation; [and]
(2) request the name, address, and length of service
of a person or entity if the Director (or his designee
in a position not lower than Deputy Assistant Director)
certifies in writing to the wire or electronic
communication service provider to which the request is
made that--
(A) the information sought is relevant to an
authorized foreign counterintelligence
investigation; and
(B) there are specific and articulable facts
giving reason to believe that communication
facilities registered in the name of the person
or entity have been used, through the services
of such provider, in communication with--
(i) an individual who is engaging or
has engaged in international terrorism
as defined in section 101(c) of the
Foreign Intelligence Surveillance Act
or clandestine intelligence activities
that involve or may involve a violation
of the criminal statutes of the United
States; or
(ii) a foreign power or an agent of a
foreign power under circumstances
giving reason to believe that the
communication concerned international
terrorism as defined in section 101(c)
of the Foreign Intelligence
Surveillance Act or clandestine
intelligence activities that involve or
may involve a violation of the criminal
statutes of the United States[.]; and
(3) request the name, address, length of service, and
local and long distance toll billing records of a
person or entity if the Director or the Director's
designee (in a position not lower than Deputy Assistant
Director) certifies in writing to the wire or
electronic communication service provider to which the
request is made that the information sought is relevant
to an authorized domestic terrorism investigation.
* * * * * * *

CHAPTER 122--ACCESS TO CERTAIN RECORDS

Sec.
2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle rental
facilities in counterintelligence and counterterrorism cases.

Sec. 2720. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and
vehicle rental facilities in counterintelligence
and counterterrorism cases

(a)(1) A court or magistrate judge may issue an order ex
parte, upon application by the Director of the Federal Bureau
of Investigation (or the Director's designee, whose rank shall
be no lower than Assistant Special Agent in Charge), directing
any common carrier, public accommodation facility, physical
storage facility, or vehicle rental facility to furnish any
records in its possession to the Federal Bureau of
Investigation. The court or magistrate judge shall issue the
order if the court or magistrate judge finds that--
(A) such records are necessary for counterterrorism
or foreign counterintelligence purposes; and
(B) there are specific and articulable facts giving
reason to believe that the person to whom the records
pertain is--
(i) a foreign power; or
(ii) an agent of a foreign power and is
engaging or has engaged in international
terrorism (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.
(2) An order issued under this subsection shall not disclose
that it is issued for purposes of a counterintelligence
investigation.
(b) No common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, or any
officer, employee, or agent of such common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility, shall disclose to any person, other than those
officers, agents, or employees of the common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility necessary to fulfill the requirement to
disclose the information to the Federal Bureau of Investigation
under this section.
(c)(1) The Federal Bureau of Investigation may not
disseminate information obtained pursuant to this section
outside the Federal Bureau of Investigation, except--
(A) to the Department of Justice or any other law
enforcement agency, as may be necessary for the
approval or conduct of a foreign counterintelligence
investigation; or
(B) where the information concerns a person subject
to the Uniform Code of Military Justice, to appropriate
investigative authorities within the military
department concerned as may be necessary for the
conduct of a joint foreign counterintelligence
investigation.
(2) Any agency or department of the United States obtaining
or disclosing any information in violation of this paragraph
shall be liable to any person harmed by the violation in an
amount equal to the sum of--
(A) $100 without regard to the volume of information
involved;
(B) any actual damages sustained by the person harmed
as a result of the violation;
(C) if the violation is willful or intentional, such
punitive damages as a court may allow; and
(D) in the case of any successful action to enforce
liability under this paragraph, the costs of the
action, together with reasonable attorney fees, as
determined by the court.
(d) If a court determines that any agency or department of
the United States has violated any provision of this section
and the court finds that the circumstances surrounding the
violation raise questions of whether or not an officer or
employee of the agency or department acted willfully or
intentionally with respect to the violation, the agency or
department shall promptly initiate a proceeding to determine
whether or not disciplinary action is warranted against the
officer or employee who was responsible for the violation.
(e) As used in this section--
(1) the term ``common carrier'' means a locomotive,
rail carrier, bus carrying passengers, water common
carrier, air common carrier, or private commercial
interstate carrier for the delivery of packages and
other objects;
(2) the term ``public accommodation facility'' means
any inn, hotel, motel, or other establishment that
provides lodging to transient guests;
(3) the term ``physical storage facility'' means any
business or entity that provides space for the storage
of goods or materials, or services related to the
storage of goods or materials, to the public or any
segment thereof; and
(4) the term ``vehicle rental facility'' means any
person or entity that provides vehicles for rent,
lease, loan, or other similar use, to the public or any
segment thereof.
* * * * * * *

PART II--CRIMINAL PROCEDURE

* * * * * * *

CHAPTER 203--ARREST AND COMMITMENT

Sec.
3041. Power of courts and magistrates.
* * * * * * *
[3059. Rewards and appropriations therefor.
[3059A. Special rewards for information relating to certain financial
institution offenses.]
3059. Reward authority of the Attorney General.
* * * * * * *

[Sec. 3059. Rewards and appropriations therefor

[(a)(1) There is authorized to be appropriated, out of any
money in the Treasury not otherwise appropriated, the sum of
$25,000 as a reward or rewards for the capture of anyone who is
charged with violation of criminal laws of the United States or
any State or of the District of Columbia, and an equal amount
as a reward or rewards for information leading to the arrest of
any such person, to be apportioned and expended in the
discretion of, and upon such conditions as may be imposed by,
the Attorney General of the United States. Not more than
$25,000 shall be expended for information or capture of any one
person.
[(2) If any of the said persons shall be killed in resisting
lawful arrest, the Attorney General may pay any part of the
reward money in his discretion to the person or persons whom he
shall adjudge to be entitled thereto but no reward money shall
be paid to any official or employee of the Department of
Justice of the United States.
[(b) The Attorney General each year may spend not more than
$10,000 for services or information looking toward the
apprehension of narcotic law violators who are fugitives from
justice.
[(c)(1) In special circumstances and in the Attorney
General's sole discretion, the Attorney General may make a
payment of up to $10,000 to a person who furnishes information
unknown to the Government relating to a possible prosecution
under section 2326 which results in a conviction.
[(2) A person is not eligible for a payment under paragraph
(1) if--
[(A) the person is a current or former officer or
employee of a Federal, State, or local government
agency or instrumentality who furnishes information
discovered or gathered in the course of government
employment;
[(B) the person knowingly participated in the
offense;
[(C) the information furnished by the person consists
of an allegation or transaction that has been disclosed
to the public--
[(i) in a criminal, civil, or administrative
proceeding;
[(ii) in a congressional, administrative, or
General Accounting Office report, hearing,
audit, or investigation; or
[(iii) by the news media, unless the person
is the original source of the information; or
[(D) when, in the judgment of the Attorney General,
it appears that a person whose illegal activities are
being prosecuted or investigated could benefit from the
award.
[(3) For the purposes of paragraph (2)(C)(iii), the term
``original source'' means a person who has direct and
independent knowledge of the information that is furnished and
has voluntarily provided the information to the Government
prior to disclosure by the news media.
[(4) Neither the failure of the Attorney General to authorize
a payment under paragraph (1) nor the amount authorized shall
be subject to judicial review.

[Sec. 3059A. Special rewards for information relating to certain
financial institution offenses

[(a)(1) In special circumstances and in the Attorney
General's sole discretion, the Attorney General may make
payments to persons who furnish information unknown to the
Government relating to a possible prosecution under section
215, 225, 287, 656, 657, 1001, 1005, 1006, 1007, 1014, 1032,
1341, 1343, 1344, or 1517 of this title affecting a depository
institution insured by the Federal Deposit Insurance
Corporation or any other agency or entity of the United States,
or to a possible prosecution for conspiracy to commit such an
offense.
[(2) The amount of a payment under paragraph (1) shall not
exceed $50,000 and shall be paid from the Financial Institution
Information Award Fund established under section 2569 of the
Financial Institutions Anti-Fraud Enforcement Act of 1990.
[(b) A person is not eligible for a payment under subsection
(a) if--
[(1) the person is a current or former officer or
employee of a Federal or State government agency or
instrumentality who furnishes information discovered or
gathered in the course of his government employment;
[(2) the furnished information consists of
allegations or transactions that have been disclosed to
a member of the public in a criminal, civil, or
administrative proceeding, in a congressional,
administrative, or General Accounting Office report,
hearing, audit or investigation, from any other
government source, or from the news media unless the
person is the original source of the information;
[(3) the person is an institution-affiliated party
(as defined in section 3(u) of the Federal Deposit
Insurance Act, 12 U.S.C. 1813(u)) which withheld
information during the course of any bank examination
or investigation authorized pursuant to section 10 of
such Act (12 U.S.C. 1820) who such party owed a
fiduciary duty to disclose;
[(4) the person is a member of the immediate family
of the individual whose activities are the subject of
the declaration or where, in the discretion of the
Attorney General, it appears the individual could
benefit from the award; or
[(5) the person knowingly participated in the
violation of the section with respect to which the
payment would be made.
[(c) For the purposes of subsection (b)(2), the term
``original source'' means a person who has direct and
independent knowledge of the information on which the
allegations are based and has voluntarily provided the
information to the Government prior to the disclosure.
[(d) Neither the failure of the Attorney General to authorize
a payment nor the amount authorized shall be subject to
judicial review.
[(e)(1) A person who--
[(A) is discharged, demoted, suspended, threatened,
harassed, or in any other manner discriminated against
in the terms and conditions of employment by an
employer because of lawful acts done by the person on
behalf of the person or others in furtherance of a
prosecution under any of the sections referred to in
subsection (a) (including provision of information
relating to, investigation for, initiation of,
testimony for, or assistance in such a prosecution);
and
[(B) was not a knowing participant in the unlawful
activity that is the subject of such a prosecution,
may, in a civil action, obtain all relief necessary to make the
person whole.
[(2) Relief under paragraph (1) shall include--
[(A)(i) reinstatement with the same seniority status;
[(ii) 2 times the amount of back pay plus interest;
and
[(iii) interest on the backpay,
that the plaintiff would have had but for the discrimination;
and
[(B) compensation for any special damages sustained
as a result of the discrimination, including litigation
costs and reasonable attorney's fees.]

Sec. 3059. Reward authority of the Attorney General

(a) The Attorney General may pay rewards and receive from any
department or agency, funds for the payment of rewards under
this section, to any individual who provides any information
unknown to the Government leading to the arrest or prosecution
of any individual for Federal felony offenses.
(b) If the reward exceeds $100,000, the Attorney General
shall give notice of that fact to the Senate and the House of
Representatives not later than 30 days after authorizing the
payment of the reward.
(c) A determination made by the Attorney General as to
whether to authorize an award under this section and as to the
amount of any reward authorized shall be final and conclusive,
and no court shall have jurisdiction to review it.
(d) If the Attorney General determines that the identity of
the recipient of a reward or of the members of the recipient's
immediate family must be protected, the Attorney General may
take such measures in connection with the payment of the reward
as the Attorney General deems necessary to effect such
protection.
(e) No officer or employee of any governmental entity may
receive a reward under this section for conduct in performance
of his or her official duties.
(f) Any individual (and the immediate family of such
individual) who furnishes information which would justify a
reward under this section or a reward by the Secretary of State
under section 36 of the State Department Basic Authorities Act
of 1956 may, in the discretion of the Attorney General,
participate in the Attorney General's witness security program
under chapter 224 of this title.
* * * * * * *

CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

* * * * * * *

Sec. 3122. Application for an order for a pen register or a trap and
trace device

(a) * * *
(b) Contents of Application.--An application under subsection
(a) of this section shall include--
(1) the identity of the attorney for the Government
or the State law enforcement or investigative officer
making the application and the identity of the law
enforcement agency conducting the investigation; and
(2) a certification by the applicant that the
information likely to be obtained is relevant to an
ongoing criminal or foreign counterintelligence
investigation being conducted by that agency.

Sec. 3123. Issuance of an order for a pen register or a trap and trace
device

(a) In General.--Upon an application made under section 3122
of this title, the court shall enter an ex parte order
authorizing the installation and use of a pen register or a
trap and trace device within the jurisdiction of the court if
the court finds that the attorney for the Government or the
State law enforcement or investigative officer has certified to
the court that the information likely to be obtained by such
installation and use is relevant to an ongoing criminal or
foreign counterintelligence investigation.
(b) Contents of Order.--An order issued under this section--
(1) shall specify--
(A) the identity, if known, of the person to
whom is leased or in whose name is listed the
telephone line to which the pen register or
trap and trace device is to be attached;
(B) the identity, if known, of the person who
is the subject of the [criminal] investigation;
* * * * * * *

CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

* * * * * * *

Sec. 3142. Release or detention of a defendant pending trial

(a) * * *
* * * * * * *
(e) Detention.--If, after a hearing pursuant to the
provisions of subsection (f) of this section, the judicial
officer finds that no condition or combination of conditions
will reasonably assure the appearance of the person as required
and the safety of any other person and the community, such
judicial officer shall order the detention of the person before
trial. In a case described in subsection (f)(1) of this
section, a rebuttable presumption arises that no condition or
combination of conditions will reasonably assure the safety of
any other person and the community if such judicial officer
finds that--
(1) * * *
* * * * * * *
Subject to rebuttal by the person, it shall be presumed that no
condition or combination of conditions will reasonably assure
the appearance of the person as required and the safety of the
community if the judicial officer finds that there is probable
cause to believe that the person committed an offense for which
a maximum term of imprisonment of ten years or more is
prescribed in the Controlled Substances Act (21 U.S.C. 801 et
seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), the Maritime Drug Law Enforcement Act (46
U.S.C. App. 1901 et seq.), or an offense under section 924(c),
956(a), or 2332b of title 18 of the United States Code.
(f) Detention Hearing.--The judicial officer shall hold a
hearing to determine whether any condition or combination of
conditions set forth in subsection (c) of this section will
reasonably assure the appearance of such person as required and
the safety of any other person and the community--
(1) * * *
* * * * * * *
The hearing shall be held immediately upon the person's first
appearance before the judicial officer unless that person, or
the attorney for the Government, seeks a continuance. Except
for good cause, a continuance on motion of such person may not
exceed five days (not including any intermediate Saturday,
Sunday, or legal holiday), and a continuance on motion of the
attorney for the Government may not exceed three days (not
including any intermediate Saturday, Sunday, or legal holiday).
During a continuance, such person shall be detained, and the
judicial officer, on motion of the attorney for the Government
or sua sponte, may order that, while in custody, a person who
appears to be a narcotics addict receive a medical examination
to determine whether such person is an addict. At the hearing,
such person has the right to be represented by counsel, and, if
financially unable to obtain adequate representation, to have
counsel appointed. The person shall be afforded an opportunity
to testify, to present witnesses, to cross-examine witnesses
who appear at the hearing, and to present information by
proffer or otherwise. The rules concerning admissibility of
evidence in criminal trials do not apply to the presentation
and consideration of information at the hearing. The facts the
judicial officer uses to support a finding pursuant to
subsection (e) that no condition or combination of conditions
will reasonably assure the safety of any other person and the
community shall be supported by clear and convincing evidence.
The person may be detained pending completion of the hearing.
The hearing may be reopened, before or after a determination by
the judicial officer, at any time before trial if the judicial
officer finds that information exists that was not known to the
movant at the time of the hearing and that has a material
bearing on the issue whether there are conditions of release
that will reasonably assure the appearance of such person as
required and the safety of any other person and the community.
* * * * * * *

CHAPTER 213--LIMITATIONS

Sec.
3281. Capital offenses.
* * * * * * *
3295. Arson offenses.
* * * * * * *

Sec. 3286. Extension of statute of limitation for certain terrorism
offenses

Notwithstanding section 3282, no person shall be prosecuted,
tried, or punished for [any offense] any non-capital offense
involving a violation of section 32 (aircraft destruction),
section [36] 37 (airport violence), section 112 (assaults upon
diplomats), section 351 (crimes against Congressmen or Cabinet
officers), section 1116 (crimes against diplomats), section
1203 (hostage taking), section 1361 (willful injury to
government property), section 1751 (crimes against the
President), section 2280 (maritime violence), section 2281
(maritime platform violence), section [2331] 2332 (terrorist
acts abroad against United States nationals), section [2339]
2332a (use of weapons of mass destruction), 2332b (acts of
terrorism transcending national boundaries), or section 2340A
(torture) of this title or section 46502, 46504, 46505, or
46506 of title 49, unless the indictment is found or the
information is instituted within 8 years after the offense was
committed.
* * * * * * *

Sec. 3295. Arson offenses

No person shall be prosecuted, tried, or punished for any
non-capital offense under section 81 or subsection (f), (h), or
(i) of section 844 of this title unless the indictment is found
or the information is instituted within 7 years after the date
on which the offense was committed.
* * * * * * *
----------

SECTION 46502 OF TITLE 49, UNITED STATES CODE

Sec. 46502. Aircraft piracy

(a) In Special Aircraft Jurisdiction.--(1) * * *
(2) An individual committing or attempting or conspiring to
commit aircraft piracy--
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if
the death of another individual results from the
commission or attempt, shall be put to death or
imprisoned for life.
(b) Outside Special Aircraft Jurisdiction.--(1) An individual
committing or conspiring to commit an offense (as defined in
the Convention for the Suppression of Unlawful Seizure of
Aircraft) on an aircraft in flight outside the special aircraft
jurisdiction of the United States [and later found in the
United States]--
(A) shall be imprisoned for at least 20 years; or
(B) notwithstanding section 3559(b) of title 18, if
the death of another individual results from the
commission or attempt, shall be put to death or
imprisoned for life.
[(2) This subsection applies only if the place of takeoff or
landing of the aircraft on which the individual commits the
offense is located outside the territory of the country of
registration of the aircraft.]
(2) There is jurisdiction over the offense in paragraph (1)
if--
(A) a national of the United States was aboard the
aircraft;
(B) an offender is a national of the United States;
or
(C) an offender is afterwards found in the United
States.
(3) For purposes of this subsection, the term ``national of
the United States'' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).
----------

FAIR CREDIT REPORTING ACT

TITLE VI--CONSUMER CREDIT REPORTING

Sec.
601. Short title.
* * * * * * *
624. Disclosures to the Federal Bureau of Investigation for foreign
counterintelligence purposes.
* * * * * * *

SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR
FOREIGN COUNTERINTELLIGENCE PURPOSES.

(a) Identity of Financial Institutions.--(1) Notwithstanding
section 604 or any other provision of this title, a court or
magistrate judge may issue an order ex parte, upon application
by the Director of the Federal Bureau of Investigation (or the
Director's designee, whose rank shall be no lower than
Assistant Special Agent in Charge), directing a consumer
reporting agency to furnish to the Federal Bureau of
Investigation the names and addresses of all financial
institutions (as that term is defined in section 1101 of the
Right to Financial Privacy Act of 1978) at which a consumer
maintains or has maintained an account, to the extent that
information is in the files of the agency. The court or
magistrate judge shall issue the order if the court or
magistrate judge finds, that--
(A) such information is necessary for the conduct of
an authorized foreign counterintelligence
investigation; and
(B) there are specific and articulable facts giving
reason to believe that the consumer--
(i) is a foreign power (as defined in section
101 of the Foreign Intelligence Surveillance
Act of 1978) or a person who is not a United
States person (as defined in such section 101)
and is an official of a foreign power; or
(ii) is an agent of a foreign power and is
engaging or has engaged in international
terrorism (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.
(2) An order issued under this subsection shall not disclose
that it is issued for purposes of a counterintelligence
investigation.
(b) Identifying Information.--(1) Notwithstanding section 604
or any other provision of this title, a court or magistrate
judge shall issue an order ex parte, upon application by the
Director of the Federal Bureau of Investigation (or the
Director's designee, whose rank shall be no lower than
Assistant Special Agent in Charge), directing a consumer
reporting agency to furnish identifying information respecting
a consumer, limited to name, address, former addresses, places
of employment, or former places of employment, to the Federal
Bureau of Investigation. The court or magistrate judge shall
issue the order if the court or magistrate judge finds, that--
(A) such information is necessary to the conduct of
an authorized foreign counterintelligence
investigation; and
(B) there is information giving reason to believe
that the consumer has been, or is about to be, in
contact with a foreign power or an agent of a foreign
power (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978).
(2) An order issued under this subsection shall not disclose
that it is issued for purposes of a counterintelligence
investigation.
(c) Court Order for Disclosure of Consumer Reports.--(1)
Notwithstanding section 604 or any other provision of this
title, if requested in writing by the Director of the Federal
Bureau of Investigation (or the Director's designee, whose rank
shall be no lower than Assistant Special Agent in Charge), a
court may issue an order ex parte directing a consumer
reporting agency to furnish a consumer report to the Federal
Bureau of Investigation, after the court or magistrate finds,
in a proceeding in camera, that--
(A) the consumer report is necessary for the conduct
of an authorized foreign counterintelligence
investigation; and
(B) there are specific and articulable facts giving
reason to believe that the consumer whose consumer
report is sought--
(i) is an agent of a foreign power; and
(ii) is engaging or has engaged in
international terrorism (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.
(2) An order issued under this subsection shall not disclose
that it is issued for purposes of a counterintelligence
investigation.
(d) Confidentiality.--(1) No consumer reporting agency or
officer, employee, or agent of a consumer reporting agency
shall disclose to any person, other than officers, employees,
or agents of a consumer reporting agency necessary to fulfill
the requirement to disclose information to the Federal Bureau
of Investigation under this section, that the Federal Bureau of
Investigation has sought or obtained the identity of financial
institutions or a consumer report respecting any consumer under
subsection (a), (b), or (c).
(2) No consumer reporting agency or officer, employee, or
agent of a consumer reporting agency shall include in any
consumer report any information that would indicate that the
Federal Bureau of Investigation has sought or obtained such
information or a consumer report.
(e) Payment of Fees.--The Federal Bureau of Investigation is
authorized, subject to the availability of appropriations, pay
to the consumer reporting agency assembling or providing
reports or information in accordance with procedures
established under this section, a fee for reimbursement for
such costs as are reasonably necessary and which have been
directly incurred in searching, reproducing, or transporting
books, papers, records, or other data required or requested to
be produced under this section.
(f) Limit on Dissemination.--The Federal Bureau of
Investigation may not disseminate information obtained pursuant
to this section outside of the Federal Bureau of Investigation,
except--
(1) to the Department of Justice or any other law
enforcement agency, as may be necessary for the
approval or conduct of a foreign counterintelligence
investigation; or
(2) where the information concerns a person subject
to the Uniform Code of Military Justice, to appropriate
investigative authorities within the military
department concerned as may be necessary for the
conduct of a joint foreign counterintelligence
investigation.
(g) Rules of Construction.--Nothing in this section shall be
construed to prohibit information from being furnished by the
Federal Bureau of Investigation pursuant to a subpoena or court
order, or in connection with a judicial or administrative
proceeding to enforce the provisions of this Act. Nothing in
this section shall be construed to authorize or permit the
withholding of information from the Congress.
(h) Reports to Congress.--On an annual basis, the Attorney
General shall fully inform the Permanent Select Committee on
Intelligence and the Committee on Banking and Financial
Services of the House of Representatives, and the Select
Committee on Intelligence and the Committee on Banking,
Housing, and Urban Affairs of the Senate concerning all
requests made pursuant to subsections (a), (b), and (c).
(i) Damages.--Any agency or department of the United States
obtaining or disclosing any consumer reports, records, or
information contained therein in violation of this section is
liable to any person harmed by the violation in an amount equal
to the sum of--
(1) $100, without regard to the volume of consumer
reports, records, or information involved;
(2) any actual damages sustained by the person harmed
as a result of the disclosure;
(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may
allow; and
(4) in the case of any successful action to enforce
liability under this subsection, the costs of the
action, together with reasonable attorney fees, as
determined by the court.
(j) Disciplinary Actions for Violations.--If a court
determines that any agency or department of the United States
has violated any provision of this section and the court finds
that the circumstances surrounding the violation raise
questions of whether or not an officer or employee of the
agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall
promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or
employee who was responsible for the violation.
(k) Good-Faith Exception.--Notwithstanding any other
provision of this title, any consumer reporting agency or agent
or employee thereof making disclosure of consumer reports or
identifying information pursuant to this subsection in good-
faith reliance upon a certification of the Federal Bureau of
Investigation pursuant to provisions of this section shall not
be liable to any person for such disclosure under this title,
the constitution of any State, or any law or regulation of any
State or any political subdivision of any State
notwithstanding.
(l) Injunctive Relief.--In addition to any other remedy
contained in this section, injunctive relief shall be available
to require compliance with the procedures of this section. In
the event of any successful action under this subsection, costs
together with reasonable attorney fees, as determined by the
court, may be recovered.
----------

IMMIGRATION AND NATIONALITY ACT

* * * * * * *

TABLE OF CONTENTS

Title I--General

Sec. 101. Definitions.
* * * * * * *
[Sec. 106. Judicial review of orders of deportation and exclusion.]
Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.
* * * * * * *

TITLE V--Special Removal Procedures for Alien Terrorists

Sec. 501. Definitions.
Sec. 502. Establishment of special removal court; panel of attorneys to
assist with classified information.
Sec. 503. Application for initiation of special removal proceeding.
Sec. 504. Consideration of application.
Sec. 505. Special removal hearings.
Sec. 506. Consideration of classified information.
Sec. 507. Appeals.
Sec. 508. Detention and custody.

TITLE I--GENERAL

* * * * * * *

[judicial review of orders of deportation and exclusion]

judicial review of orders of deportation and exclusion, and special
exclusion

Sec. 106. (a) The procedure prescribed by, and all the
provisions of chapter 158 of title 28, United States Code,
shall apply to, and shall be the sole and exclusive procedure
for, the judicial review of all final orders of deportation
heretofore or hereafter made against aliens within the United
States pursuant to administrative proceedings under section
242(b) or pursuant to section 242A of this Act or comparable
provisions of any prior Act, except that--
(1) * * *
* * * * * * *
(8) nothing in this section shall be construed to
require the Attorney General to defer deportation of an
alien after the issuance of a deportation order because
of the right of judicial review of the order granted by
this section, or to relieve any alien from compliance
with subsections (d) and (e) of section 242 of this
Act. Nothing contained in this section shall be
construed to preclude the Attorney General from
detaining or continuing to detain an alien or from
taking him into custody pursuant to subsection (c) of
section 242 of this Act at any time after the issuance
of a deportation order; and
(9) it shall not be necessary to print the record or
any part thereof, or the briefs, and the court shall
review the proceedings on a typewritten record and on
typewritten briefs[; and].
[(10) any alien held in custody pursuant to an order
of deportation may obtain judicial review thereof by
habeas corpus proceedings.]
(b) Notwithstanding the provisions of any other law, any
alien against whom a final order of exclusion has been made
heretofore or hereafter under the provisions of section 236 of
this Act or comparable provisions of any prior Act may obtain
judicial review of such order by habeas corpus proceedings and
not otherwise. Jurisdiction to review an order entered pursuant
to the provisions of section 235(c) concerning an alien
excludable under section 212(a)(3)(B) shall rest exclusively in
the United States Court of Appeals for the District of Columbia
Circuit.
* * * * * * *
(e)(1) Notwithstanding any other provision of law, and except
as provided in this subsection, no court shall have
jurisdiction to review any individual determination, or to
entertain any other cause or claim, arising from or relating to
the implementation or operation of section 235(b)(1).
Regardless of the nature of the action or claim, or the party
or parties bringing the action, no court shall have
jurisdiction or authority to enter declaratory, injunctive, or
other equitable relief not specifically authorized in this
subsection nor to certify a class under Rule 23 of the Federal
Rules of Civil Procedure.
(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be
available in habeas corpus proceedings, and shall be limited to
determinations of--
(A) whether the petitioner is an alien, if the
petitioner makes a showing that the petitioner's claim
of United States nationality is not frivolous;
(B) whether the petitioner was ordered specially
excluded under section 235(b)(1)(A); and
(C) whether the petitioner can prove by a
preponderance of the evidence that the petitioner is an
alien lawfully admitted for permanent residence and is
entitled to such review as is provided by the Attorney
General pursuant to section 235(b)(1)(E)(i).
(3) In any case where the court determines that an alien was
not ordered specially excluded, or was not properly subject to
special exclusion under the regulations adopted by the Attorney
General, the court may order no relief beyond requiring that
the alien receive a hearing in accordance with section 236, or
a determination in accordance with section 235(c) or 273(d).
(4) In determining whether an alien has been ordered
specially excluded, the court's inquiry shall be limited to
whether such an order was in fact issued and whether it relates
to the petitioner.

TITLE II--IMMIGRATION

Chapter 1--Selection System

* * * * * * *

asylum procedure

Sec. 208. (a) The Attorney General shall establish a
procedure for an alien physically present in the United States
or at a land border or port of entry, irrespective of such
alien's status, to apply for asylum, and the alien may be
granted asylum in the discretion of the Attorney General if the
Attorney General determines that such alien is a refugee within
the meaning of section 101(a)(42)(A). The Attorney General may
not grant an alien asylum if the Attorney General determines
that the alien is excludable under subclause (I), (II), or
(III) of section 212(a)(3)(B)(i) or deportable under section
241(a)(4)(B).
* * * * * * *

special agricultural workers

Sec. 210. (a) * * *
(b) Applications for Adjustment of Status.--
(1) * * *
* * * * * * *
(5) Limitation on access to information.--Files and
records prepared for purposes of this section by
designated entities operating under this section are
confidential and the Attorney General and the Service
shall not have access to such files or records relating
to an alien without the consent of the alien, except as
allowed by a court order issued pursuant to paragraph
(6).
(6) Confidentiality of information.--Neither the
Attorney General, nor any other official or employee of
the Department of Justice, or bureau or agency thereof,
may--
(A) use the information furnished pursuant to
an application filed under this section for any
purpose other than to make a determination on
the application including a determination under
subparagraph (a)(3)(B), or for enforcement of
paragraph (7).
(B) make any publication whereby the
information furnished by any particular
individual can be identified, or
(C) permit anyone other than the sworn
officers and employees of the Department or
bureau or agency or, with respect to
applications filed with a designated entity,
that designated entity, to examine individual
applications.
Notwithstanding the previous sentence, the Attorney
General may authorize an application to a Federal court
of competent jurisdiction for, and a judge of such
court may grant, an order authorizing disclosure of
information contained in the application of the alien
to be used (i) for identification of the alien when
there is reason to believe that the alien has been
killed or severely incapacitated, or (ii) for criminal
law enforcement purposes against the alien whose
application is to be disclosed if the alleged criminal
activity occurred after the special agricultural worker
application was filed and such activity involves
terrorist activity or poses either an immediate risk to
life or to national security, or would be prosecutable
as an aggravated felony, but without regard to the
length of sentence that could be imposed on the
applicant. Anyone who uses, publishes, or permits
information to be examined in violation of this
paragraph shall be fined in accordance with title 18,
United States Code, or imprisoned not more than five
years, or both.
* * * * * * *

Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens

* * * * * * *

general classes of aliens ineligible to receive visas and excluded from
admission; waivers of inadmissibility

Sec. 212. (a) Classes of Excludable Aliens.--Except as
otherwise provided in this Act, the following describes classes
of excludable aliens who are ineligible to receive visas and
who shall be excluded from admission into the United States:
(1) * * *
* * * * * * *
(3) Security and related grounds.--
(A) * * *
(B) Terrorist activities.--
(i) In general.--Any alien who--
(I) has engaged in a
terrorist activity, [or]
(II) a consular officer or
the Attorney General knows, or
has reasonable ground to
believe, engaged in or is
likely to engage after entry in
any terrorist activity (as
defined in clause (iii)),
(III) is a representative of
a terrorist organization, or
(IV) is a member of a
terrorist organization which
the alien knows or should have
known is a terrorist
organization,
is excludable. An alien who is an
officer, official, representative, or
spokesman of the Palestine Liberation
Organization is considered, for
purposes of this Act, to be engaged in
a terrorist activity.
* * * * * * *
(iv) Terrorist organization
defined.--
(I) Designation.--For
purposes of this Act, the term
``terrorist organization''
means a foreign organization
designated in the Federal
Register as a terrorist
organization by the Secretary
of State, in consultation with
the Attorney General, based
upon a finding that the
organization engages in, or has
engaged in, terrorist activity
that threatens the national
security of the United States.
(II) Process.--At least 3
days before designating an
organization as a terrorist
organization through
publication in the Federal
Register, the Secretary of
State, in consultation with the
Attorney General, shall notify
the Committees on the Judiciary
of the House of Representatives
and the Senate of the intent to
make such designation and the
findings and basis for
designation. The Secretary of
State, in consultation with the
Attorney General, shall create
an administrative record and
may use classified information
in making such a designation.
Such information is not subject
to disclosure so long as it
remains classified, except that
it may be disclosed to a court
ex parte and in camera under
subclause (III) for purposes of
judicial review of such a
designation. The Secretary of
State, in consultation with the
Attorney General, shall provide
notice and an opportunity for
public comment prior to the
creation of the administrative
record under this subclause.
(III) Judicial review.--Any
organization designated as a
terrorist organization under
the preceding provisions of
this clause may, not later than
30 days after the date of the
designation, seek judicial
review thereof in the United
States Court of Appeals for the
District of Columbia Circuit.
Such review shall be based
solely upon the administrative
record, except that the
Government may submit, for ex
parte and in camera review,
classified information
considered in making the
designation. The court shall
hold unlawful and set aside the
designation if the court finds
the designation to be
arbitrary, capricious, an abuse
of discretion, or otherwise not
in accordance with law, lacking
substantial support in the
administrative record
<greek-l>put Bryant amendment
#3 here deg.taken as a whole or
in classified information
submitted to the court under
the previous sentence, contrary
to constitutional right, power,
privilege, or immunity, or not
in accord with the procedures
required by law.
(IV) Congressional authority
to remove designation.--The
Congress reserves the authority
to remove, by law, the
designation of an organization
as a terrorist organization for
purposes of this Act.
(V) Sunset.--Subject to
subclause (IV), the designation
under this clause of an
organization as a terrorist
organization shall be effective
for a period of 2 years from
the date of the initial
publication of the terrorist
organization designation by the
Secretary of State. At the end
of such period (but no sooner
than 60 days prior to the
termination of the 2-year-
designation period), the
Secretary of State, in
consultation with the Attorney
General, may redesignate the
organization in conformity with
the requirements of this clause
for designation of the
organization.
(VI) Other authority to
remove designation.--The
Secretary of State, in
consultation with the Attorney
General, may remove the
terrorist organization
designation from any
organization previously
designated as such an
organization, at any time, so
long as the Secretary publishes
notice of the removal in the
Federal Register. The Secretary
is not required to report to
Congress prior to so removing
such designation.
(v) Representative defined.--In this
subparagraph, the term
``representative'' includes an officer,
official, or spokesman of the
organization and any person who
directs, counsels, commands or induces
the organization or its members to
engage in terrorist activity. The
determination by the Secretary of State
or the Attorney General that an alien
is a representative of a terrorist
organization shall be subject to
judicial review.
(b) Notices of Denials.--[If](1) Subject to paragraph
(2), if an alien's application for a visa, for admission to the
United States, or for adjustment of status is denied by an
immigration or consular officer because the officer determines
the alien to be excludable under subsection (a), the officer
shall provide the alien with a timely written notice that--
[(1)] (A) states the determination, and
[(2)] (B) lists the specific provision or provisions
of law under which the alien is excludable or
ineligible for entry or adjustment of status.
(2) With respect to applications for visas, the Secretary of
State may waive the application of paragraph (1) in the case of
a particular alien or any class or classes of aliens excludable
under subsection (a)(2) or (a)(3).
* * * * * * *

Chapter 4--Provisions Relating to Entry and Exclusion

* * * * * * *

inspection by immigration officers

Sec. 235. (a) * * *
[(b) Every alien (other than an alien crewman), and except as
otherwise provided in subsection (c) of this section and in
section 273(d), who may not appear to the examining immigration
officer at the port of arrival to be clearly and beyond a doubt
entitled to land shall be detained for further inquiry to be
conducted by a special inquiry officer. The decision of the
examining immigration officer, if favorable to the admission of
any alien, shall be subject to challenge by any other
immigration officer and such challenge shall operate to take
the alien, whose privilege to land is so challenged, before a
special inquiry officer for further inquiry.]
(b)(1)(A) If the examining immigration officer determines
that an alien seeking entry--
(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
(ii) does not indicate either an intention to apply
for asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
(B) The examining immigration officer shall refer for an
interview by an asylum officer under subparagraph (C) any alien
who is excludable under section 212(a)(6)(C) or 212(a)(7) and
has indicated an intention to apply for asylum under section
208 or a fear of persecution.
(C)(i) An asylum officer shall promptly conduct interviews of
aliens referred under subparagraph (B).
(ii) If the officer determines at the time of the interview
that an alien has a credible fear of persecution (as defined in
clause (v)), the alien shall be detained for an asylum hearing
before an asylum officer under section 208.
(iii)(I) Subject to subclause (II), if the officer determines
that the alien does not have a credible fear of persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
(II) The Attorney General shall promulgate regulations to
provide for the immediate review by a supervisory asylum office
at the port of entry of a determination under subclause (I).
(iv) The Attorney General shall provide information
concerning the asylum interview described in this subparagraph
to aliens who may be eligible. An alien who is eligible for
such interview may consult with a person or persons of the
alien's choosing prior to the interview or any review thereof,
according to regulations prescribed by the Attorney General.
Such consultation shall be at no expense to the Government and
shall not delay the process.
(v) For purposes of this subparagraph, the term ``credible
fear of persecution'' means (I) that it is more probable than
not that the statements made by the alien in support of the
alien's claim are true, and (II) that there is a significant
possibility, in light of such statements and of such other
facts as are known to the officer, that the alien could
establish eligibility for asylum under section 208.
(D) As used in this paragraph, the term ``asylum officer''
means an immigration officer who--
(i) has had professional training in country
conditions, asylum law, and interview techniques; and
(ii) is supervised by an officer who meets the
condition in clause (i).
(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal,
except that the Attorney General shall provide by regulation
for prompt review of such an order against an alien who claims
under oath, or as permitted under penalty of perjury under
section 1746 of title 28, United States Code, after having been
warned of the penalties for falsely making such claim under
such conditions, to have been lawfully admitted for permanent
residence.
(ii) In any action brought against an alien under section
275(a) or section 276, the court shall not have jurisdiction to
hear any claim attacking the validity of an order of exclusion
entered under subparagraph (A).
(2)(A) Except as provided in subparagraph (B), if the
examining immigration officer determines that an alien seeking
entry is not clearly and beyond a doubt entitled to enter, the
alien shall be detained for a hearing before a special inquiry
officer.
(B) The provisions of subparagraph (A) shall not apply--
(i) to an alien crewman,
(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
(iii) if the conditions described in section 273(d)
exist.
(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to
challenge by any other immigration officer and such challenge
shall operate to take the alien whose privilege to enter is so
challenged, before a special inquiry officer for a hearing on
exclusion of the alien.
* * * * * * *
(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275 or
section 276, no court shall have jurisdiction to hear claims
collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under this section or
sections 236 and 242.
* * * * * * *

immediate deportation of aliens excluded from admission or entering in
violation of law

Sec. 237. (a)(1) Any alien (other than an alien crewman)
arriving in the United States who is excluded under this Act,
shall be immediately deported, in accommodations of the same
class in which he arrived, unless the Attorney General, in an
individual case, in his discretion, concludes that immediate
deportation is not practicable or proper. [Deportation] Subject
to section 235(b)(1), deportation shall be to the country in
which the alien boarded the vessel or aircraft on which he
arrived in the United States, unless the alien boarded such
vessel or aircraft in foreign territory contiguous to the
United States or in any island adjacent thereto or adjacent to
the United States and the alien is not a native, citizen,
subject, or national of, or does not have a residence in, such
foreign contiguous territory or adjacent island, in which case
the deportation shall instead be to the country in which is
located the port at which the alien embarked for such foreign
contiguous territory or adjacent island. The cost of the
maintenance including detention expenses and expenses incident
to detention of any such alien while he is being detained,
shall be borne by the owner or owners of the vessel or aircraft
on which he arrived, except that the cost of maintenance
(including detention expenses and expenses incident to
detention while the alien is being detained prior to the time
he is offered for deportation to the transportation line which
brought him to the United States) shall not be assessed against
the owner or owners of such vessel or aircraft if (A) the alien
was in possession of a valid, unexpired immigrant visa, or (B)
the alien (other than an alien crewman) was in possession of a
valid, unexpired nonimmigrant visa or other document
authorizing such alien to apply for temporary admission to the
United States or an unexpired reentry permit issued to him, and
(i) such application was made within one hundred and twenty
days of the date of issuance of the visa or other document, or
in the case of an alien in possession of a reentry permit,
within one hundred and twenty days of the date on which the
alien was last examined and admitted by the Service, or (ii) in
the event the application was made later than one hundred and
twenty days of the date of issuance of the visa or other
document or such examination and admission, if the owner or
owners of such vessel or aircraft established to the
satisfaction of the Attorney General that the ground of
exclusion could not have been ascertained by the exercise of
due diligence prior to the alien's embarkation, or (C) the
person claimed United States nationality or citizenship and was
in possession of an unexpired United States passport issued to
him by competent authority.
(2) [If] Subject to section 235(b)(1), if the government of
the country designated in paragraph (1) will not accept the
alien into its territory, the alien's deportation shall be
directed by the Attorney General, in his discretion and without
necessarily giving any priority or preference because of their
order as herein set forth, either to--
(A) * * *
* * * * * * *

Chapter 5--Deportation; Adjustment of Status

general classes of deportable aliens

Sec. 241. (a) * * *
* * * * * * *
(d) Notwithstanding any other provision of this title, an
alien found in the United States who has not been admitted to
the United States after inspection in accordance with section
235 is deemed for purposes of this Act to be seeking entry and
admission to the United States and shall be subject to
examination and exclusion by the Attorney General under chapter
4. In the case of such an alien the Attorney General shall
provide by regulation an opportunity for the alien to establish
that the alien was so admitted.
* * * * * * *

countries to which aliens shall be deported; cost of deportation

Sec. 243. (a) * * *
* * * * * * *
(h)(1) * * *
(2) Paragraph (1) shall not apply to any alien if the
Attorney General determines that--
(A) * * *
* * * * * * *
For purposes of subparagraph (B), an alien who has been
convicted of an aggravated felony shall be considered to have
committed a particularly serious crime. For purposes of
subparagraph (D), an alien who is described in section
241(a)(4)(B) shall be considered to be an alien for whom there
are reasonable grounds for regarding as a danger to the
security of the United States.
* * * * * * *

suspension of deportation; voluntary departure

Sec. 244. (a) As hereinafter prescribed in this section, the
Attorney General may, in his discretion, suspend deportation
and adjust the status to that of an alien lawfully admitted for
permanent residence, in the case of an alien (other than an
alien described in [section 241(a)(4)(D)] subparagraph (B) or
(D) of section 241(a)(4)) who applies to the Attorney General
for suspension of deportation and--
(1) * * *
* * * * * * *
(e)(1) * * *
(2) The authority contained in paragraph (1) shall not apply
to any alien who is deportable under section 241(a)(4)(B) or
because of a conviction for an aggravated felony.
* * * * * * *

adjustment of status of nonimmigrant to that of person admitted for
permanent residence

Sec. 245. (a) * * *
* * * * * * *
(c) Subsection (a) shall not be applicable to (1) an alien
crewman; (2) an alien (other than an immediate relative as
defined in section 201(b) or a special immigrant described in
section 101(a)(27)(H), (I), (J), or (K)) who hereafter
continues in or accepts unauthorized employment prior to filing
an application for adjustment of status or who is in unlawful
immigration status on the date of filing the application for
adjustment of status or who has failed (other than through no
fault of his own or for technical reasons) to maintain
continuously a lawful status since entry into the United
States; (3) any alien admitted in transit without visa under
section 212(d)(4)(C); (4) an alien (other than an immediate
relative as defined in section 201(b)) who was admitted as a
nonimmigrant visitor without a visa under section 212(l) or
section 217; [or] (5) an alien who was admitted as a
nonimmigrant described in section 101(a)(15)(S), or (6) an
alien who is deportable under section 241(a)(4)(B).

adjustment of status of certain entrants before january 1, 1982, to
that of person admitted for lawful residence

Sec. 245A. (a) * * *
* * * * * * *
(c) Applications for Adjustment of Status.--
(1) * * *
* * * * * * *
(5) Confidentiality of information.--Neither the
Attorney General, nor any other official or employee of
the Department of Justice, or bureau or agency thereof,
may--
(A) use the information furnished pursuant to
an application filed under this section for any
purpose other than to make a determination on
the application or for enforcement of paragraph
(6) or for the preparation of reports to
Congress under section 404 of the Immigration
Reform and Control Act of 1986,
(B) make any publication whereby the
information furnished by any particular
individual can be identified, or
(C) permit anyone other than the sworn
officers and employees of the Department or
bureau or agency or, with respect to
applications filed with a designated entity,
that designated entity, to examine individual
applications;
except that the Attorney General (i) may provide, in
the Attorney General's discretion, for the furnishing
of information furnished under this section in the same
manner and circumstances as census information may be
disclosed by the Secretary of Commerce under section 8
of title 13, United States Code and (ii) may authorize
an application to a Federal court of competent
jurisdiction for, and a judge of such court may grant,
an order authorizing disclosure of information
contained in the application of the alien to be used--
(I) for identification of the alien when
there is reason to believe that the alien has
been killed or severely incapacitated; or
(II) for criminal law enforcement purposes
against the alien whose application is to be
disclosed if the alleged criminal activity
occurred after the legalization application was
filed and such activity involves terrorist
activity or poses either an immediate risk to
life or to national security, or would be
prosecutable as an aggravated felony, but
without regard to the length of sentence that
could be imposed on the applicant. Anyone who
uses, publishes, or permits information to be
examined in violation of this paragraph shall
be fined in accordance with title 18, United
States Code, or imprisoned not more than five
years, or both.
* * * * * * *

record of admission for permanent residence in the case of certain
aliens who entered the united states prior to july 1, 1924 or january
1, 1972

Sec. 249. A record of lawful admission for permanent
residence may, in the discretion of the Attorney General and
under such regulations as he may prescribe, be made in the case
of any alien, as of the date of the approval of his application
or, if entry occurred prior to July 1, 1924, as of the date of
such entry, if no such record is otherwise available and such
alien shall satisfy the Attorney General that he is not
inadmissible under section 212(a)(3)(E) or under section 212(a)
insofar as it relates to criminals, procurers and other immoral
persons, subversives, violators of the narcotic laws or
smugglers of aliens, and he establishes that he--
(a) * * *
* * * * * * *
(d) is not ineligible to citizenship and is not
deportable under section 241(a)(4)(B).
* * * * * * *

Chapter 8--General Penalty Provisions

* * * * * * *

unfair immigration-related employment practices

Sec. 274B. (a) Prohibition of Discrimination Based on
National Origin or Citizenship Status.--
(1) * * *
* * * * * * *
(6) Treatment of certain documentary practices as
employment practices.--[For purposes](A) Except as
provided in subparagraph (B), for purposes of paragraph
(1), a person's or other entity's request, for purposes
of satisfying the requirements of section 274A(b), for
more or different documents than are required under
such section or refusing to honor documents tendered
that on their face reasonably appear to be genuine
shall be treated as an unfair immigration-related
employment practice relating to the hiring of
individuals.
(B) Subparagraph (A) shall not apply to a request
made in connection with an individual seeking
employment in a company (or division of a company)
engaged in the business of providing security services
to protect persons, institutions, buildings, or other
possible targets of terrorism (as defined in section
2331(1) of title 18, United States Code).
* * * * * * *

reentry of deported alien

Sec. 276. (a) * * *
(b) Notwithstanding subsection (a), in the case of any alien
described in such subsection--
(1) whose deportation was subsequent to a conviction
for commission of three or more misdemeanors involving
drugs, crimes against the person, or both, or a felony
(other than an aggravated felony), such alien shall be
fined under title 18, United States Code, imprisoned
not more than 10 years, or both; [or]
(2) whose deportation was subsequent to a conviction
for commission of an aggravated felony, such alien
shall be fined under such title, imprisoned not more
than 20 years, or both[.]; or
(3) who has been excluded from the United States
pursuant to section 235(c) because the alien was
excludable under section 212(a)(3)(B) or who has been
removed from the United States pursuant to the
provisions of title V, and who thereafter, without the
permission of the Attorney General, enters the United
States or attempts to do so shall be fined under title
18, United States Code, and imprisoned for a period of
10 years, which sentence shall not run concurrently
with any other sentence.
For the purposes of this subsection, the term ``deportation''
includes any agreement in which an alien stipulates to
deportation during a criminal trial under either Federal or
State law.
* * * * * * *

TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

definitions

Sec. 501. In this title:
(1) The term ``alien terrorist'' means an alien
described in section 241(a)(4)(B).
(2) The term ``classified information'' has the
meaning given such term in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.).
(3) The term ``national security'' has the meaning
given such term in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.).
(4) The term ``special attorney'' means an attorney
who is on the panel established under section 502(e).
(5) The term ``special removal court'' means the
court established under section 502(a).
(6) The term ``special removal hearing'' means a
hearing under section 505.
(7) The term ``special removal proceeding'' means a
proceeding under this title.

establishment of special removal court; panel of attorneys to assist
with classified information

Sec. 502. (a) In General.--The Chief Justice of the United
States shall publicly designate 5 district court judges from 5
of the United States judicial circuits who shall constitute a
court which shall have jurisdiction to conduct all special
removal proceedings.
(b) Terms.--Each judge designated under subsection (a) shall
serve for a term of 5 years and shall be eligible for
redesignation, except that the four associate judges first so
designated shall be designated for terms of one, two, three,
and four years so that the term of one judge shall expire each
year.
(c) Chief Judge.--The Chief Justice shall publicly designate
one of the judges of the special removal court to be the chief
judge of the court. The chief judge shall promulgate rules to
facilitate the functioning of the court and shall be
responsible for assigning the consideration of cases to the
various judges.
(d) Expeditious and Confidential Nature of Proceedings.--The
provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
proceedings under this title in the same manner as they apply
to proceedings under such Act.
(e) Establishment of Panel of Special Attorneys.--The special
removal court shall provide for the designation of a panel of
attorneys each of whom--
(1) has a security clearance which affords the
attorney access to classified information, and
(2) has agreed to represent permanent resident aliens
with respect to classified information under sections
506 and 507(c)(2)(B) in accordance with (and subject to
the penalties under) this title.

application for initiation of special removal proceeding

Sec. 503. (a) In General.--Whenever the Attorney General has
classified information that an alien is an alien terrorist, the
Attorney General, in the Attorney General's discretion, may
seek removal of the alien under this title through the filing
with the special removal court of a written application
described in subsection (b) that seeks an order authorizing a
special removal proceeding under this title. The application
shall be submitted in camera and ex parte and shall be filed
under seal with the court.
(b) Contents of Application.--Each application for a special
removal proceeding shall include all of the following:
(1) The identity of the Department of Justice
attorney making the application.
(2) The approval of the Attorney General or the
Deputy Attorney General for the filing of the
application based upon a finding by that individual
that the application satisfies the criteria and
requirements of this title.
(3) The identity of the alien for whom authorization
for the special removal proceeding is sought.
(4) A statement of the facts and circumstances relied
on by the Department of Justice to establish that--
(A) the alien is an alien terrorist and is
physically present in the United States, and
(B) with respect to such alien, adherence to
the provisions of title II regarding the
deportation of aliens would pose a risk to the
national security of the United States.
(5) An oath or affirmation respecting each of the
facts and statements described in the previous
paragraphs.
(c) Right to Dismiss.--The Department of Justice retains the
right to dismiss a removal action under this title at any stage
of the proceeding.

consideration of application

Sec. 504. (a) In General.--In the case of an application
under section 503 to the special removal court, a single judge
of the court shall be assigned to consider the application. The
judge, in accordance with the rules of the court, shall
consider the application and may consider other information,
including classified information, presented under oath or
affirmation. The judge shall consider the application (and any
hearing thereof) in camera and ex parte. A verbatim record
shall be maintained of any such hearing.
(b) Approval of Order.--The judge shall enter ex parte the
order requested in the application if the judge finds, on the
basis of such application and such other information (if any),
that there is probable cause to believe that--
(1) the alien who is the subject of the application
has been correctly identified and is an alien
terrorist, and
(2) adherence to the provisions of title II regarding
the deportation of the identified alien would pose a
risk to the national security of the United States.
(c) Denial of Order.--If the judge denies the order requested
in the application, the judge shall prepare a written statement
of the judge's reasons for the denial.
(d) Exclusive Provisions.--Whenever an order is issued under
this section with respect to an alien--
(1) the alien's rights regarding removal and
expulsion shall be governed solely by the provisions of
this title, and
(2) except as they are specifically referenced, no
other provisions of this Act shall be applicable.

special removal hearings

Sec. 505. (a) In General.--In any case in which the
application for the order is approved under section 504, a
special removal hearing shall be conducted under this section
for the purpose of determining whether the alien to whom the
order pertains should be removed from the United States on the
grounds that the alien is an alien terrorist. Consistent with
section 506, the alien shall be given reasonable notice of the
nature of the charges against the alien and a general account
of the basis for the charges. The alien shall be given notice,
reasonable under all the circumstances, of the time and place
at which the hearing will be held. The hearing shall be held as
expeditiously as possible.
(b) Use of Same Judge.--The special removal hearing shall be
held before the same judge who granted the order pursuant to
section 504 unless that judge is deemed unavailable due to
illness or disability by the chief judge of the special removal
court, or has died, in which case the chief judge shall assign
another judge to conduct the special removal hearing. A
decision by the chief judge pursuant to the preceding sentence
shall not be subject to review by either the alien or the
Department of Justice.
(c) Rights in Hearing.--
(1) Public hearing.--The special removal hearing
shall be open to the public.
(2) Right of counsel.--The alien shall have a right
to be present at such hearing and to be represented by
counsel. Any alien financially unable to obtain counsel
shall be entitled to have counsel assigned to represent
the alien. Such counsel shall be appointed by the judge
pursuant to the plan for furnishing representation for
any person financially unable to obtain adequate
representation for the district in which the hearing is
conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section
shall apply and, for purposes of determining the
maximum amount of compensation, the matter shall be
treated as if a felony was charged.
(3) Introduction of evidence.--The alien shall have a
right to introduce evidence on the alien's own behalf.
(4) Examination of witnesses.--Except as provided in
section 506, the alien shall have a reasonable
opportunity to examine the evidence against the alien
and to cross-examine any witness.
(5) Record.--A verbatim record of the proceedings and
of all testimony and evidence offered or produced at
such a hearing shall be kept.
(6) Decision based on evidence at hearing.--The
decision of the judge in the hearing shall be based
only on the evidence introduced at the hearing,
including evidence introduced under subsection (e).
(7) No right to ancillary relief.--In the hearing,
the judge is not authorized to consider or provide for
relief from removal based on any of the following:
(A) Asylum under section 208.
(B) Withholding of deportation under section
243(h).
(C) Suspension of deportation under section
244(a) or 244(e).
(D) Adjustment of status under section 245.
(E) Registry under section 249.
(d) Subpoenas.--
(1) Request.--At any time prior to the conclusion of
the special removal hearing, either the alien or the
Department of Justice may request the judge to issue a
subpoena for the presence of a named witness (which
subpoena may also command the person to whom it is
directed to produce books, papers, documents, or other
objects designated therein) upon a satisfactory showing
that the presence of the witness is necessary for the
determination of any material matter. Such a request
may be made ex parte except that the judge shall inform
the Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal evidence or the
source of evidence which has been introduced, or which
the Department of Justice has received permission to
introduce, in camera and ex parte pursuant to
subsection (e) and section 506, and the Department of
Justice shall be given a reasonable opportunity to
oppose the issuance of such a subpoena.
(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the
alien is financially unable to pay for the attendance
of a witness so requested, the court may order the
costs incurred by the process and the fees of the
witness so subpoenaed to be paid from funds
appropriated for the enforcement of title II.
(3) Nationwide service.--A subpoena under this
subsection may be served anywhere in the United States.
(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as
a witness subpoenaed in connection with a civil
proceeding in a court of the United States.
(5) No access to classified information.--Nothing in
this subsection is intended to allow an alien to have
access to classified information.
(e) Introduction of Classified Information.--
(1) In general.--Classified information that has been
summarized pursuant to section 506(b) and classified
information for which findings described in section
506(b)(4)(B) have been made and for which no summary is
provided shall be introduced (either in writing or
through testimony) in camera and ex parte and neither
the alien nor the public shall be informed of such
evidence or its sources other than through reference to
the summary (if any) provided pursuant to such section.
Notwithstanding the previous sentence, the Department
of Justice may, in its discretion and after
coordination with the originating agency, elect to
introduce such evidence in open session.
(2) Treatment of electronic surveillance
information.--
(A) Use of electronic surveillance.--The
Government is authorized to use in a special
removal proceeding the fruits of electronic
surveillance and unconsented physical searches
authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.) without regard to subsections (c), (e),
(f), (g), and (h) of section 106 of that Act.
(B) No discovery of electronic surveillance
information.--An alien subject to removal under
this title shall have no right of discovery of
information derived from electronic
surveillance authorized under the Foreign
Intelligence Surveillance Act of 1978 or
otherwise for national security purposes. Nor
shall such alien have the right to seek
suppression of evidence.
(C) Certain procedures not applicable.--The
provisions and requirements of section 3504 of
title 18, United States Code, shall not apply
to procedures under this title.
(3) Rights of united states.--Nothing in this section
shall prevent the United States from seeking protective
orders and from asserting privileges ordinarily
available to the United States to protect against the
disclosure of classified information, including the
invocation of the military and state secrets
privileges.
(f) Inclusion of Certain Evidence.--The Federal Rules of
Evidence shall not apply to hearings under this section.
Evidence introduced at the special removal hearing, either in
open session or in camera and ex parte, may, in the discretion
of the Department of Justice, include all or part of the
information presented under section 504 used to obtain the
order for the hearing under this section.
(g) Arguments.--Following the receipt of evidence, the
attorneys for the Department of Justice andfor the alien shall
be given fair opportunity to present argument as to whether the
evidence is sufficient to justify the removal of the alien. The
attorney for the Department of Justice shall open the argument. The
attorney for the alien shall be permitted to reply. The attorney for
the Department of Justice shall then be permitted to reply in rebuttal.
The judge may allow any part of the argument that refers to evidence
received in camera and ex parte to be heard in camera and ex parte.
(h) Burden of Proof.--In the hearing the Department of
Justice has the burden of showing by clear and convincing
evidence that the alien is subject to removal because the alien
is an alien terrorist. If the judge finds that the Department
of Justice has met this burden, the judge shall order the alien
removed and detained pending removal from the United States. If
the alien was released pending the special removal hearing, the
judge shall order the Attorney General to take the alien into
custody.
(i) Written Order.--At the time of rendering a decision as to
whether the alien shall be removed, the judge shall prepare a
written order containing a statement of facts found and
conclusions of law. Any portion of the order that would reveal
the substance or source of information received in camera and
ex parte pursuant to subsection (e) shall not be made available
to the alien or the public.

consideration of classified information

Sec. 506. (a) Consideration In Camera and Ex Parte.--In any
case in which the application for the order authorizing the
special procedures of this title is approved, the judge who
granted the order shall consider each item of classified
information the Department of Justice proposes to introduce in
camera and ex parte at the special removal hearing and shall
order the introduction of such information pursuant to section
505(e) if the judge determines the information to be relevant.
(b) Preparation and Provision of Written Summary.--
(1) Preparation.--The Department of Justice shall
prepare a written summary of such classified
information which does not pose a risk to national
security.
(2) Conditions for approval by judge and provision to
alien.--The judge shall approve the summary so long as
the judge finds that the summary is sufficient--
(A) to inform the alien of the general nature
of the evidence that the alien is an alien
terrorist, and
(B) to permit the alien to prepare a defense
against deportation.
The Department of Justice shall cause to be delivered
to the alien a copy of the summary.
(3) Opportunity for correction and resubmittal.--If
the judge does not approve the summary, the judge shall
provide the Department a reasonable opportunity to
correct the deficiencies identified by the court and to
submit a revised summary.
(4) Conditions for termination of proceedings if
summary not approved.--
(A) In general.--If, subsequent to the
opportunity described in paragraph (3), the
judge does not approve the summary, the judge
shall terminate the special removal hearing
unless the judge makes the findings described
in subparagraph (B).
(B) Findings.--The findings described in this
subparagraph are, with respect to an alien,
that--
(i) the continued presence of the
alien in the United States, and
(ii) the provision of the required
summary,
would likely cause serious and irreparable harm
to the national security or death or serious
bodily injury to any person.
(5) Continuation of hearing without summary.--If a
judge makes the findings described in paragraph
(4)(B)--
(A) if the alien involved is an alien
lawfully admitted for permanent residence, the
procedures described in subsection (c) shall
apply; and
(B) in all cases the special removal hearing
shall continue, the Department of Justice shall
cause to be delivered to the alien a statement
that no summary is possible, and the classified
information submitted in camera and ex parte
may be used pursuant to section 505(e).
(c) Special Procedures for Access and Challenges to
Classified Information by Special Attorneys in Case of Lawful
Permanent Aliens.--
(1) In general.--The procedures described in this
subsection are that the judge (under rules of the
special removal court) shall designate a special
attorney (as defined in section 501(4)) to assist the
alien--
(A) by reviewing in camera the classified
information on behalf of the alien, and
(B) by challenging through an in camera
proceeding the veracity of the evidence
contained in the classified information.
(2) Restrictions on disclosure.--A special attorney
receiving classified information under paragraph (1)--
(A) shall not disclosure the information to
the alien or to any other attorney representing
the alien, and
(B) who discloses such information in
violation of subparagraph (A) shall be subject
to a fine under title 18, United States Code,
imprisoned for not less than 10 years nor more
than 25 years, or both.

appeals

Sec. 507. (a) Appeals of Denials of Applications for
Orders.--The Department of Justice may seek a review of the
denial of an order sought in an application by the United
States Court of Appeals for the District of Columbia Circuit by
notice of appeal which must be filed within 20 days after the
date of such denial. In such a case the entire record of the
proceeding shall be transmitted to the Court of Appeals under
seal and the Court of Appeals shall hear the matter ex parte.
In such a case the Court of Appeals shall review questions of
law de novo, but a prior finding on any question of fact shall
not be set aside unless such finding was clearly erroneous.
(b) Appeals of Determinations About Summaries of Classified
Information.--Either party may take an interlocutory appeal to
the United States Court of Appeals for the District of Columbia
Circuit of--
(1) any determination by the judge pursuant to
section 506(a)--
(A) concerning whether an item of evidence
may be introduced in camera and ex parte, or
(B) concerning the contents of any summary of
evidence to be introduced in camera and ex
parte prepared pursuant to section 506(b); or
(2) the refusal of the court to make the findings
permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection,
the entire record, including any proposed order of the judge or
summary of evidence, shall be transmitted to the Court of
Appeals under seal and the matter shall be heard ex parte.
(c) Appeals of Decision in Hearing.--
(1) In general.--Subject to paragraph (2), the
decision of the judge after a special removal hearing
may be appealed by either the alien or the Department
of Justice to the United States Court of Appeals for
the District of Columbia Circuit by notice of appeal.
(2) Automatic appeals in cases of permanent resident
aliens in which no summary provided.--
(A) In general.--Unless the alien waives the
right to a review under this paragraph, in any
case involving an alien lawfully admitted for
permanent residence who is denied a written
summary of classified information under section
506(b)(4) and with respect to which the
procedures described in section 506(c) apply,
any order issued by the judge shall be reviewed
by the Court of Appeals for the District of
Columbia Circuit.
(B) Use of special attorney.--With respect to
any issue relating to classified information
that arises in such review, the alien shall be
represented only by the special attorney
designated under section 506(c)(1) on behalf of
the alien.
(d) General Provisions Relating to Appeals.--
(1) Notice.--A notice of appeal pursuant to
subsection (b) or (c) (other than under subsection
(c)(2)) must be filed within 20 days after the date of
the order with respect to which the appeal is sought,
during which time the order shall not be executed.
(2) Transmittal of record.--In an appeal or review to
the Court of Appeals pursuant to subsection (b) or
(c)--
(A) the entire record shall be transmitted to
the Court of Appeals, and
(B) information received pursuant to section
505(e), and any portion of the judge's order
that would reveal the substance or source of
such information, shall be transmitted under
seal.
(3) Expedited appellate proceeding.--In an appeal or
review to the Court of Appeals pursuant to subsection
(b) or (c):
(A) Review.--The appeal or review shall be
heard as expeditiously as practicable and the
Court may dispense with full briefing and hear
the matter solely on the record of the judge of
the special removal court and on such briefs or
motions as the Court may require to be filed by
the parties.
(B) Disposition.--The Court shall uphold or
reverse the judge's order within 60 days after
the date of the issuance of the judge's final
order.
(4) Standard for review.--In an appeal or review to
the Court of Appeals pursuant to subsection (b) or (c):
(A) Questions of law.--The Court of Appeals
shall review all questions of law de novo.
(B) Questions of fact.--(i) Subject to clause
(ii), a prior finding on any question of fact
shall not be set aside unless such finding was
clearly erroneous.
(ii) In the case of a review under subsection
(c)(2) in which an alien lawfully admitted for
permanent residence was denied a written
summary of classified information under section
506(b)(4), the Court of Appeals shall review
questions of fact de novo.
(e) Certiorari.--Following a decision by the Court of Appeals
pursuant to subsection (b) or (c), either the alien or the
Department of Justice may petition the Supreme Court for a writ
of certiorari. In any such case, any information transmitted to
the Court of Appeals under seal shall, if such information is
also submitted to the Supreme Court, be transmitted under seal.
Any order of removal shall not be stayed pending disposition of
a writ of certiorari except as provided by the Court of Appeals
or a Justice of the Supreme Court.
(f) Appeals of Detention Orders.--
(1) In general.-- The provisions of sections 3145
through 3148 of title 18, United States Code,
pertaining to review and appeal of a release or
detention order, penalties for failure to appear,
penalties for an offense committed while on release,
and sanctions for violation of a release condition
shall apply to an alien to whom section 508(b)(1)
applies. In applying the previous sentence--
(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of
Columbia Circuit, and
(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense
punishable by life imprisonment.
(2) No review of continued detention.--The
determinations and actions of the Attorney General
pursuant to section 508(c)(2)(C) shall not be subject
to judicial review, including application for a writ of
habeas corpus, except for a claim by the alien that
continued detention violates the alien's rights under
the Constitution. Jurisdiction over any such challenge
shall lie exclusively in the United States Court of
Appeals for the District of Columbia Circuit.

detention and custody

Sec. 508. (a) Initial Custody.--
(1) Upon filing application.--Subject to paragraphs
(2) and (3), the Attorney General may take into custody
any alien with respect to whom an application under
section 503 has been filed and, notwithstanding any
other provision of law, may retain such an alien in
custody in accordance with the procedures authorized by
this title.
(2) Special rules for permanent resident aliens.--An
alien lawfully admitted for permanent residence shall
be entitled to a release hearing before the judge
assigned to hear the special removal hearing. Such an
alien shall be detained pending the special removal
hearing, unless the alien demonstrates to the court
that--
(A) the alien, if released upon such terms
and conditions as the court may prescribe
(including the posting of any monetary amount),
is not likely to flee, and
(B) the alien's release will not endanger
national security or the safety of any person
or the community.
The judge may consider classified information submitted
in camera and ex parte in making a determination under
this paragraph.
(3) Release if order denied and no review sought.--
(A) In general.--Subject to subparagraph (B),
if a judge of the special removal court denies
the order sought in an application with respect
to an alien and the Department of Justice does
not seek review of such denial, the alien shall
be released from custody.
(B) Application of regular procedures.--
Subparagraph (A) shall not prevent the arrest
and detention of the alien pursuant to title
II.
(b) Conditional Release If Order Denied and Review Sought.--
(1) In general.--If a judge of the special removal
court denies the order sought in an application with
respect to an alien and the Department of Justice seeks
review of such denial, the judge shall release the
alien from custody subject to the least restrictive
condition or combination of conditions of release
described in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United
States Code, that will reasonably assure the appearance
of the alien at any future proceeding pursuant to this
title and will not endanger the safety of any other
person or the community.
(2) No release for certain aliens.--If the judge
finds no such condition or combination of conditions,
the alien shall remain in custody until the completion
of any appeal authorized by this title.
(c) Custody and Release After Hearing.--
(1) Release.--
(A) In general.--Subject to subparagraph (B),
if the judge decides pursuant to section 505(i)
that an alien should not be removed, the alien
shall be released from custody.
(B) Custody pending appeal.--If the Attorney
General takes an appeal from such decision, the
alien shall remain in custody, subject to the
provisions of section 3142 of title 18, United
States Code.
(2) Custody and removal.--
(A) Custody.--If the judge decides pursuant
to section 505(i) that an alien shall be
removed, the alien shall be detained pending
the outcome of any appeal. After the conclusion
of any judicial review thereof which affirms
the removal order, the Attorney General shall
retain the alien in custody <greek-l>or, if the
alien was released pursuant to paragraph
(1)(A), shall take the alien into custody
deg.and remove the alien to a country specified
under subparagraph (B).
(B) Removal.--
(i) In general.--The removal of an
alien shall be to any country which the
alien shall designate if such
designation does not, in the judgment
of the Attorney General, in
consultation with the Secretary of
State, impair the obligation of the
United States under any treaty
(including a treaty pertaining to
extradition) or otherwise adversely
affect the foreign policy of the United
States.
(ii) Alternate countries.--If the
alien refuses to designate a country to
which the alien wishes to be removed or
if the Attorney General, in
consultation with the Secretary of
State, determines that removal of the
alien to the country so designated
would impair a treaty obligation or
adversely affect United States foreign
policy, the Attorney General shall
cause the alien to be removed to any
country willing to receive such alien.
(C) Continued detention.--If no country is
willing to receive such an alien, the Attorney
General may, notwithstanding any other
provision of law, retain the alien in custody.
The Attorney General, in coordination with the
Secretary of State, shall make periodic efforts
to reach agreement with other countries to
accept such an alien and at least every 6
months shall provide to the attorney
representing the alien at the special removal
hearing a written report on the Attorney
General's efforts. Any alien in custody
pursuant to this subparagraph shall be released
from custody solely at the discretion of the
Attorney General and subject to such conditions
as the Attorney General shall deem appropriate.
(D) Fingerprinting.--Before an alien is
transported out of the United States pursuant
to this subsection, or pursuant to an order of
exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of section 276(b).
(d) Continued Detention Pending Trial.--
(1) Delay in removal.--Notwithstanding the provisions
of subsection (c)(2), the Attorney General may hold in
abeyance the removal of an alien who has been ordered
removed pursuant to this title to allow the trial of
such alien on any Federal or State criminal charge and
the service of any sentence of confinement resulting
from such a trial.
(2) Maintenance of custody.--Pending the commencement
of any service of a sentence of confinement by an alien
described in paragraph (1), such an alien shall remain
in the custody of the Attorney General, unless the
Attorney General determines that temporary release of
the alien to the custody of State authorities for
confinement in a State facility is appropriate and
would not endanger national security or public safety.
(3) Subsequent removal.--Following the completion of
a sentence of confinement by an alien described in
paragraph (1) or following the completion of State
criminal proceedings which do not result in a sentence
of confinement of an alien released to the custody of
State authorities pursuant to paragraph (2), such an
alien shall be returned to the custody of the Attorney
General who shall proceed to carry out the provisions
of subsection (c)(2) concerning removal of the alien.
(e) Application of Certain Provisions Relating to Escape of
Prisoners.--For purposes of sections 751 and 752 of title 18,
United States Code, an alien in the custody of the Attorney
General pursuant to this title shall be subject to the
penalties provided by those sections in relation to a person
committed to the custody of the Attorney General by virtue of
an arrest on a charge of a felony.
(f) Rights of Aliens in Custody.--
(1) Family and attorney visits.--An alien in the
custody of the Attorney General pursuant to this title
shall be given reasonable opportunity to communicate
with and receive visits from members of the alien's
family, and to contact, retain, and communicate with an
attorney.
(2) Diplomatic contact.--An alien in the custody of
the Attorney General pursuant to this title shall have
the right to contact an appropriate diplomatic or
consular official of the alien's country of citizenship
or nationality or of any country providing
representation services therefor. The Attorney General
shall notify the appropriate embassy, mission, or
consular office of the alien's detention.
----------

ACT OF OCTOBER 25, 1994

AN ACT To amend title 18, United States Code, to make clear a
telecommunications carrier's duty to cooperate in the interception of
communications for law enforcement purposes, and for other purposes.

* * * * * * *

TITLE IV--CIVIL MONETARY PENALTY SURCHARGE AND TELECOMMUNICATIONS
CARRIER COMPLIANCE PAYMENTS

SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

(a) Imposition.--Notwithstanding any other provision of law,
and subject to section 402(c) of this title, a surcharge of 40
percent of the principal amount of a civil monetary penalty
shall be added to each civil monetary penalty at the time it is
assessed by the United States or an agency thereof.
(b) Application of Payments.--Payments relating to a civil
monetary penalty shall be applied in the following order: (1)
to costs; (2) to principal; (3) to surcharges required by
subsection (a) of this section; and (4) to interest.
(c) Effective Dates.--(1) A surcharge under subsection (a) of
this section shall be added to all civil monetary penalties
assessed on or after October 1, 1995, or the date of enactment
of this title, whichever is later.
(2) The authority to add a surcharge under this section shall
terminate on October 1, 1998.
(d) Limitation.--The provisions of this section shall not
apply to any civil monetary penalty assessed under title 26,
United States Code.

SEC. 402. DEPARTMENT OF JUSTICE TELECOMMUNICATIONS CARRIER COMPLIANCE
FUND.

(a) Establishment of Fund.--There is hereby established in
the United States Treasury a fund to be known as the Department
of Justice Telecommunications Carrier Compliance Fund
(hereinafter referred to as ``the Fund''), which shall be
available to the Attorney General to the extent and in the
amounts authorized by subsection (c) of this section to make
payments to telecommunications carriers, as authorized by
section 109.
(b) Offsetting Collections.--Notwithstanding section 3302 of
title 31, United States Code, the Attorney General may credit
surcharges added pursuant to section 401 of this title to the
Fund as offsetting collections.
(c) Requirements for Appropriations Offset.--(1) Surcharges
added pursuant to section 401 of this title are authorized only
to the extent and in the amounts provided for in advance in
appropriations acts.
(2)(A) Collections credited to the Fund are authorized to be
appropriated in such amounts as may be necessary, but not to
exceed $100,000,000 in fiscal year 1996, $305,000,000 in fiscal
year 1997, and $80,000,000 in fiscal year 1998.
(B) Amounts described in subparagraph (A) of this paragraph
are authorized to be appropriated without fiscal year
limitation.
(d) Termination.--(1) The Attorney General may terminate the
Fund at such time as the Attorney General determines that the
Fund is no longer necessary.
(2) Any balance in the Fund at the time of its termination
shall be deposited in the general fund of the Treasury.
(3) A decision of the Attorney General to terminate the Fund
shall not be subject to judicial review.

SEC. 403. DEFINITIONS.

For purposes of this title, the terms ``agency'' and ``civil
monetary penalty'' have the meanings given to them by section 3
of the Federal Civil Penalties Inflation Adjustment Act of
1990, Public Law 101-410, Oct. 5, 1990, 104 Stat. 890 (28
U.S.C. 2461 note).
----------

SECTION 140 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS
1994 AND 1995

SEC. 140. VISAS.

(a) Surcharge for Processing Certain Visas.--
(1) * * *
[(2) Fees collected under the authority of paragraph
(1) shall be deposited as an offsetting collection to
any Department of State appropriation, to recover the
costs of providing consular services. Such fees shall
remain available for obligation until expended.
[(3) For fiscal years 1994 and 1995, fees deposited
under the authority of paragraph (2) may not exceed a
total of $107,500,000. For subsequent fiscal years,
fees may be collected under the authority of paragraph
(1) only in such amounts as shall be prescribed in
subsequent authorization Acts.]
(2) For fiscal years 1996 and 1997, not more than
$250,000,000 in fees collected under the authority of
paragraph (1) shall be deposited as an offsetting
collection to any Department of State appropriation to
recover the costs of the Department of State's border
security program, including the costs of--
(A) installation and operation of the machine
readable visa and automated name-check process;
(B) improving the quality and security of the
United States passport;
(C) passport and visa fraud investigations;
and
(D) the technological infrastructure to
support and operate the programs referred to in
subparagraphs (A) through (C).
Such fees shall remain available for obligation until
expended.
(3) For any fiscal year, fees collected under the
authority of paragraph (1) in excess of the amount
specified for such fiscal year under paragraph (2)
shall be deposited in the general fund of the Treasury
as miscellaneous receipts.
* * * * * * *
[(5) No fee or surcharge authorized under paragraph
(1) may be charged to a citizen of a country that is a
signatory as of the date of enactment of this Act to
the North American Free Trade Agreement, except that
the Secretary of State may charge such fee or surcharge
to a citizen of such a country if the Secretary
determines that such country charges a visa application
or issuance fee to citizens of the United States.]
* * * * * * *
----------

SECTION 1403 OF THE VICTIMS OF CRIME ACT OF 1984

crime victim compensation

Sec. 1403. (a) * * *
(b) A crime victim compensation program is an eligible crime
victim compensation program for the purposes of this section
if--
(1) * * *
* * * * * * *
(6) such program provides compensation to residents
of the State who are victims of crimes occurring
outside the State if--
(A) the crimes would be compensable crimes
had they occurred inside that State; and
(B) the places the crimes occurred in are
outside the United States (if the compensable
crime is terrorism, as defined in section 2331
of title 18, United States Code), or are States
not having eligible crime victim compensation
programs;
* * * * * * *
(d) As used in this section--
(1) * * *
* * * * * * *
(3) the term ``compensable crime'' means a crime the
victims of which are eligible for compensation under
the eligible crime victim compensation program, and
includes crimes involving terrorism, driving while
intoxicated, and domestic violence; and
* * * * * * *
----------

TITLE 28, UNITED STATES CODE

* * * * * * *

PART IV--JURISDICTION AND VENUE

* * * * * * *

CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

* * * * * * *

Sec. 1605. General exceptions to the jurisdictional immunity of a
foreign state

(a) A foreign state shall not be immune from the jurisdiction
of courts of the United States or of the States in any case--
(1) * * *
* * * * * * *
(5) not otherwise encompassed in paragraph (2) above,
in which money damages are sought against a foreign
state for personal injury or death, or damage to or
loss of property, occurring in the United States and
caused by the tortious act or omission of that foreign
state or of any official or employee of that foreign
state while acting within the scope of his office or
employment; except this paragraph shall not apply to--
(A) any claim based upon the exercise or
performance or the failure to exercise or
perform a discretionary function regardless of
whether the discretion be abused, or
(B) any claim arising out of malicious
prosecution, abuse of process, libel, slander,
misrepresentation, deceit, or interference with
contract rights; [or]
(6) in which the action is brought, either to enforce
an agreement made by the foreign state with or for the
benefit of a private party to submit to arbitration all
or any differences which have arisen or which may arise
between the parties with respect to a defined legal
relationship, whether contractual or not, concerning a
subject matter capable of settlement by arbitration
under the laws of the United States, or to confirm an
award made pursuant to such an agreement to arbitrate,
if (A) the arbitration takes place or is intended to
take place in the United States, (B) the agreement or
award is or may be governed by a treaty or other
international agreement in force for the United States
calling for the recognition and enforcement of arbitral
awards, (C) the underlying claim, save for the
agreement to arbitrate, could have been brought in a
United States court under this section or section 1607,
or (D) paragraph (1) of this subsection is otherwise
applicable[.]; or
(7) not otherwise covered by paragraph (2), in which
money damages are sought against a foreign state for
personal injury or death that was caused by an act of
torture, extrajudicial killing, aircraft sabotage,
hostage taking, or the provision of material support or
resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material
support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency,
except that--
(A) an action under this paragraph shall not
be instituted unless the claimant first affords
the foreign state a reasonable opportunity to
arbitrate the claim in accordance with accepted
international rules of arbitration;
(B) an action under this paragraph shall not
be maintained unless the act upon which the
claim is based occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
101(a)(22) of the Immigration and Nationality
Act); and
(C) the court shall decline to hear a claim
under this paragraph if the foreign state
against whom the claim has been brought
establishes that procedures and remedies are
available in such state which comport with
fundamental fairness and due process.
* * * * * * *
(e) For purposes of paragraph (7) of subsection (a)--
(1) the terms ``torture'' and ``extrajudicial
killing'' have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991;
(2) the term ``hostage taking'' has the meaning given
that term in Article 1 of the International Convention
Against the Taking of Hostages; and
(3) the term ``aircraft sabotage'' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.
* * * * * * *

Sec. 1610. Exceptions to the immunity from attachment or execution

(a) The property in the United States of a foreign state, as
defined in section 1603(a) of this chapter, used for a
commercial activity in the United States, shall not be immune
from attachment in aid of execution, or from execution, upon a
judgment entered by a court of the United States or of a State
after the effective date of this Act, if--
(1) * * *
* * * * * * *
(6) the judgment is based on an order confirming an
arbitral award rendered against the foreign state,
provided that attachment in aid of execution, or
execution, would not be inconsistent with any provision
in the arbitral agreement[.], or
(7) the judgment relates to a claim for which the
foreign state is not immune under section 1605(a)(7),
regardless of whether the property is or was involved
with the act upon which the claim is based.
(b) In addition to subsection (a), any property in the United
States of an agency or instrumentality of a foreign state
engaged in commercial activity in the United States shall not
be immune from attachment in aid of execution, or from
execution, upon a judgment entered by a court of the United
States or of a State after the effective date of this Act, if--
(1) * * *
(2) the judgment relates to a claim for which the
agency or instrumentality is not immune by virtue of
section 1605(a)(2), (3), [or (5)] (5), or (7), or
1605(b) of this chapter, regardless of whether the
property is or was [used for the activity] involved in
the act upon which the claim is based.
* * * * * * *
DISSENTING VIEWS

We deplore both domestic and international terrorism and
were profoundly shocked and disturbed by recent acts of
violence in Oklahoma City and the World Trade Center in New
York. Although we strongly support efforts to enhance our
nation's ability to respond to such acts of terrorism, we must
dissent from H.R. 1710. While we support several provisions in
the legislation, there are many others we oppose because they
threaten our fundamental rights and liberties. Furthermore,
proposed amendments which could have provided real limitations
on terrorist-related violence--by requiring that explosive
material include identifying taggants and banning armor-
piercing bullets--were defeated by the majority during the
Committee markup.
The threats posed to our precious Constitutional rights by
H.R. 1710 are myriad. The bill would: (i) criminalize the
exercise of legitimate rights of free speech and association;
(ii) mandate the creation of secret courts (strikingly akin to
``star chambers'') which could order deportation of legal
aliens based on undisclosed evidence; (iii) significantly
broaden the government's right to wiretap and conduct
electronic surveillance; and (iv) federalize broad new
categories of crimes previously dealt with by the States.
Many of the objectionable provisions in H.R. 1710 are
completely unrelated to the problem of terrorism. Instead the
bill's proponents would use the Nation's anguish and heightened
concern in the wake of the Oklahoma City and World Trade Center
bombings as an excuse to adopt proposals rejected by previous
Congresses. The truth is that terrorist activity is already a
crime which may be fully investigated and prosecuted under
federal law, as our experiences with these tragic episodes have
borne out.\1\
\1\ M. Gladwell, Sheik, 9 Others Convicted in N.Y. Bomb-Terror
Conspiracy, Wash. Post, Oct. 2, 1995, at A1 (stating that a federal
jury found groups guilty of ``seditious conspiracy'' and various other
crimes relating to World Trade Center bombing); P. Thomas and G.
Lardner, Jr., Grand Jury Charges Two With Bombing, Wash. Post, Aug. 11,
1995, at A1 (stating that a federal grand jury accused defendants of
``conspiracy to bomb'' and other charges relating to Oklahoma City
bombing).
---------------------------------------------------------------------------
In our view, the United States has not proven to be a
fertile breeding ground for terrorism because of its unique
openness, tolerance and respect for differences of opinion and
civil liberties.History has taught us that we should not use
the threat of violence as an excuse to suppress Constitutional
rights and liberties. As Benjamin Franklin stated, ``they that
give up essential liberty to obtain a little temporary safety
deserve neither liberty or safety.'' \2\
\2\ Suzy Platt, Respectfully Quoted 201 (1989).
---------------------------------------------------------------------------
Unfortunately, this legislation would erode our legitimate
rights while doing little to protect the safety of our citizens
and law enforcement officers. While the Oklahoma City bombing
has properly caused us to reconsider our ability to protect
ourselves against terrorism, we believe the Committee needs to
conduct a far more careful and focused examination than it has
to date.
We would also note that we have recently learned that the
Majority is planning to offer a comprehensive substitute
amendment to H.R. 1710 during floor consideration of the
legislation. This substitute has been negotiated behind closed
doors without any input from Members of the Minority. According
to a ``Dear Colleague'' letter circulated by Chairman Hyde and
Mr. Barr on November 30, 1995, it appears that in addition to
deleting various provisions of H.R. 1710 as reported by the
Committee, the substitute will add several important new
sections--most notably changes in Habeas Corpus. No showing has
been made that there is any relationship between death row
appeals and the problem of terrorism, and the issue was not
subject to any hearing, debate or amendment as part of the
process of considering H.R. 1710. This substitute will come to
the House floor on a ``take it or leave it'' basis, without the
benefit of any Minority input or reaction. The Majority has
apparently foregone the opportunity to seek a genuine
bipartisan response to the problem of terrorism, and opted
instead to alter the debate to reflect their own narrow
ideological agenda derived from the ``Contract with America.''

Analysis of Legislation

There are several provisions in H.R. 1710 that are worthy
of support. Many of the new offenses designated in Title I of
the bill are warranted. For example, we agree with sections
providing greater protection of federal employees (section
101); clarifying the reach of overseas terrorism offenses
(section 106); and clarifying the scope of the offense related
to possession of stolen explosives (section 111). The increased
penalties for explosives and firearms offenses set forth in
Title II are also reasonable in our view. We support Titles IV
and V of the bill which clarify the application of federal law
prohibiting certain transactions involving nuclear material and
implementing the Montreal Convention on the Marking of Plastic
Explosives, and approve of the bill's authorization of new
appropriations to hire additional FBI agents and equipment to
investigate terrorism and establish a counterterrorism center
(section 701).
We would also note that a number of constructive provisions
were added during the Committee markup, including: (i) an
amendment offered by Mr. Frank subjecting the FBI to penalties
and damages for unlawful disclosure of confidential
information; an amendment offered by Mr. Schiff and Mrs.
Schroeder authorizing funding to develop counter-terrorism
technologies; and an amendment offered by Mr. Berman clarifying
U.S. courts' jurisdiction over lawsuits brought against
specified foreign states for torture, hostage-taking and other
terrorist actions.
Unfortunately, H.R. 1710 includes numerous other provisions
which threaten our civil liberties and bear little if any
relationship to the problem of terrorism. At the same time, the
legislation does not go far enough in that it fails to require
the inclusion of identifying taggants on explosives or to ban
armor-piercing bullets.

I. INCLUSION OF PROVISIONS WHICH THREATEN OUR CIVIL LIBERTIES AND OTHER
CONSTITUTIONAL RIGHTS

A. Prohibiting donations to and membership in designated
organizations--A threat to freedom of speech and association

H.R. 1710 would significantly limit the ability of persons
located inside and outside of the United States to donate funds
to or otherwise associate with foreign organizations disliked
by our government. Section 102 of H.R. 1710 would for the first
time make it a crime to donate property or services to groups
designated as ``terrorist'' by the executive branch, even if
the property or services are used solely for humanitarian
services.\3\ Furthermore, section 103 would authorize FBI
investigations into such activity even where the investigation
is premised on an individual's non-violent political or
religious beliefs.\4\ These provisions harken back to
McCarthyism and other bleak periods in our country's history
when we attacked people for their beliefs and associations,
rather than their conduct.\5\
\3\ Current law already criminalizes the provision of material
support for criminal terrorist activities (18 U.S.C. Sec. 2339A); so
the legislation would criminalize support for humanitarian activities.
Although H.R. 1710 includes a specific carve-out for the provision of
medicine and religious materials, it would still criminalize support
for a variety of humanitarian services, such as school supplies. Also,
since the proscribed activity could include membership fees and payment
of taxes, it might operate as a de facto prohibition on membership in
designated organizations or paying taxes to foreign states which may be
designated as ``terrorist.''
\4\ Last year, when Congress prohibited providing material support
for terrorist acts, the legislation specifically prohibited
investigations into activities protected by the First Amendment or
which do not involve intentional misconduct. See 18 U.S.C.
Sec. 2339A(c). Section 103 of H.R. 1710 would delete these safeguards.
\5\ The FBI has an unfortunate history of commencing unfounded
investigations into the First Amendment activity of groups, such as the
COINTELPRO investigations of civil rights groups and leaders in the
1970's. See Select Committee to Study Governmental Operations with
respect to Intelligence Activities, U.S. Senate, ``Book II,
Intelligence Activities and the Rights of Americans'', S. Rep. No. 755,
94th Cong., 2d Sess. (1975).
---------------------------------------------------------------------------
By limiting the groups our citizens are permitted to
associate with and support--even for purely lawful and
humanitarian purposes--H.R. 1710 directly conflicts with the
First Amendment's protection of freedom of association. The
Supreme Court has repeatedly held that contributing money to
political groups is protected conduct under the First Amendment
unless it can be proved that the contribution is intended to
further an unlawful activity.\6\ In Healey v. James the Court
explained:
\6\ See Federal Election Commission v. National Conservative
Political Action Committee; 470 U.S. 480, 493-95 (1985); Roberts v.
United States Jaycees, 468 U.S. 609, 626-27 (1984); Citizens Against
Rent Control v. Berkely, 454 U.S. 290, 295-96 (1981).

* * * guilt by association alone, without [a showing]
that an individual's association poses the threat
feared by the Government, is an impermissible basis
upon which to deny First Amendment rights. The
government has the burden of establishing a knowing
affiliation with an organization pursuing unlawful aims
and goals, and a specific intent to further those
illegal aims.\7\
\7\ Healey v. James, 408 U.S. 169, 186 (1972).

Because the activities of many ``controversial'' political
groups also have a large humanitarian component, the bill's
restrictions on fundraising are likely to have a significant
adverse impact on relief efforts in troubled parts of the
world.\8\ Also, the bill could arbitrarily limit donations to
entities which have completely altered their purposes and
functions--such as the African National Committee--since the
terrorist designation could apply to any foreign organization
which has at any time in the past engaged in ``terrorist''
activity.
\8\ For example, to conduct relief work in Somalia, organizations
have been required to give a portion of their supplies to a faction
controlled by Mohammed Farah Aideed, which could very well be
designated a ``terrorist organization.''
---------------------------------------------------------------------------
We also object to section 611 of the bill which specifies
that membership in any organization designated as ``terrorist''
constitutes grounds for deporting or excluding an alien from
the United States, regardless of whether or not the individual
has engaged in or supported any unlawful acts.\9\ This
provision would resurrect the infamous McCarran-Walter Act,\10\
which was repealed by Congress in 1990 after it was held to be
unconstitutional as applied to several aliens.\11\
\9\ Under current law, a person who has engaged in terrorism, or
about whom a consular officer or the Attorney General has a reasonable
ground to believe is likely to engage in any terrorism, is already
excludable from the United States. 8 U.S.C. Sec. 1182(a)(3)(B)(i).
\10\ The McCarran-Walter Act allowed, among other things, for the
deportation of aliens who ``advocate the economic, international and
governmental doctrines of world communism or the establishment in the
United States of a totalitarian dictatorship, or who are members of or
affiliated with any organization'' that so advocates. 8 U.S.C.
1251(a)(6) (D) & (H) (1988). That law, which applied to aliens who were
members of the communist party or advocated communist doctrine, was
used to exclude Pierre Trudeau, the former Prime Minister of Canada,
French Actor Yves Montand, British Author Graham Greene, and Columbian
Novel laureate Gabriele Garcia Marquez. See Counter-Terrorism
Legislation, Hearing before the Subcomm. on Terrorism, Technology, and
Government Information of the Senate Comm. on the Judiciary, 104th
Congress, lst Sess. 21 (May 4, 1995) (statement of Professor David
Cole) [hereinafter, Senate Counter-Terrorism Hearings].
\11\ See Immigration Act of 1990, Pub. L. No. 101-649 (repealing
McCarran-Walter Act); Rafeedie v. INS, 795 F. Supp. 13, 22-23 (D.D.C.
1992); American-Arab Anti-Discrimination Comm. v. Meese, 714 F. Supp.
1060 (C.D. Cal. 1989), vacated, American-Arab Anti-Discrimination
Comm.v. Thornburgh, 970 F.2d 501 (9th Cir. 1991) (holding the McCarran-
Walter Act to be unconstitutional as applied).
---------------------------------------------------------------------------
The fact that aliens in this country are entitled to full
First Amendment rights was forcefully reaffirmed as recently as
last month in Arab-American Anti-Discrimination Committee v.
Reno.\12\ The Ninth Circuit found that the Immigration and
National Services' proposed deportation of seven Palestinians
and a Kenyan for their alleged ties to the Popular Front for
the Liberation of palestine was inconsistent with First
Amendment freedom of association protections holding that,
``the values underlying the First Amendment require the full
applicability of First Amendment rights to the deportation
setting.'' \13\
\12\ American-Arab Anti-Discrimination Committee v. Reno No. 94-
55405, 1995 U.S. App. LEXIS 31415, *1, *42 (9th Cir., Nov. 8, 1995)
(per curiam).
\13\ Id at *43. A Washington Post editorial emphasized the
fundamental fairness of the Reno decision:
[T]he bottom line from the appellate court is this: Aliens present
in the United States have the same right to political speech and
association as citizens. Aliens cannot be singled out for deportation
because they exercise those rights . . . . These clear and principled
determinations are on firm constitutional ground.
Aliens and Speech, Wash. Post, Nov. 13, 1995, at A20.
---------------------------------------------------------------------------
Of additional concern is the discretionary--and largely
non-reviewable--ability of the Secretary of State to designate
foreign organizations as ``terrorist'' for purposes of the
aforedescribed fundraising and membership prohibitions. Given
the bill's broad definition of ``terrorism,'' \14\ as a
practical matter this will give the Secretary of State
completely open-ended authority to determine which
organizations to blacklist.\15\ This could very well lead to
the law being applied in a selective manner, raising serious
due process issues \16\ (as President Bush once stated, ``one
man's terrorist is another man's freedom fighter'').\17\
\14\ Section 315 of the legislation would substantially broaden the
definition of ``terrorism'' in current law to cover domestic (as
opposed to international) activity, including domestic gun crimes and
some forms of vandalism. Section 104 would classify as federal crimes
``acts of terrorism transcending national boundaries'' that are no more
than a broad range of violent activity already proscribed by state
criminal law, if the acts are certified as ``terrorism'' by the
Attorney General.
\15\ Although the bill grants organizations 30 days after they have
been designated as ``terrorist'' to seek judicial review in the D.C.
Circuit Court of Appeals, this is unlikely to provide the opportunity
for any meaningful review. Few courts are likely to second guess the
Secretary of State on matters purportedly related to foreign policy.
Moreover, even this weak standard of review is unavailable to the
persons in this country who will be subject to criminal sanction or
deportation for involvement with the foreign organization, since
judicial review is limited to foreign organizations only--many of which
may not have the resources or inclination to come to Washington, D.C.
to contest the designation.
\16\ See Senate Counter-Terrorism Hearings, supra note 10, at 8.
\17\ Id.
---------------------------------------------------------------------------

B. Using secret evidence to deport aliens--A threat to due process

Section 601 of the bill would for the first time allow
aliens (including permanent residents) to be deported based on
classified evidence submitted on an ex parte basis. An alien
alleged to be involved in terrorism would not even be permitted
to receive a summary of the evidence used against him if the 5-
judge panel finds his or her presence or the preparation of the
summary would likely cause serious and irreparable harm or
injury. Although permanent residents are permitted to have a
member of a panel of specially approved attorneys review the
secret evidence, the bill does not permit the permanent
resident to select his own attorney--even from within the pre-
approved panel--or confer with such counsel concerning the
secret evidence. Section 601 also provides for immediate
detention without bail and limited one-sided appeal rights only
for the government. Further, there is no requirement that the
government disclose any exculpatory evidence to the alien or
even to the special court.
This provision is a clear violation of the right to due
process as guaranteed by the Fifth and Fourteenth
Amendments.\18\ The cardinal rule of due process is that
evidence used against a party must be fully disclosed to that
party. Justice Frankfurter has observed that ``[s]ecrecy is not
congenial to truth-seeking [and] * * * [n]o better instrument
has been devised for arriving at the truth than to give a
person in jeopardy of serious loss notice of the case against
him and opportunity to meet it.'' \19\ Conservative legal
scholar Bruce Fein has written that H.R. 1710's ex parte
evidence procedure ``seem[s] a blatant denial of an opportunity
for a fair opportunity to defend.'' \20\
\18\ Provisions in section 611 limiting an alien's right to select
an attorney and denying the attorney the ability to discuss the
evidence with his client also raise serious ethical and lawyer-client
privilege issues. It has also been noted that section 611 is
inconsistent with U.S. treaty obligations pertaining to due process
protections and freedom of association under the International Covenant
on Civil and Political Rights. See Letter from Lawyers Committee for
Human Rights to Subcommittee on Crime, May 12, 1995.
\19\ Joint Anti-Fascist Refugee Committee v. McGrath, 341 U.S. 123,
171-72 (1951).
\20\ ``Comprehensive Antiterrorism Act of 1995,'' Hearings before
the House Comm. on the Judiciary, 104th Cong., 1st Sess. 8 (June 12-13,
1995) (statement of former Associate Deputy Attorney General Bruce
Fein).
---------------------------------------------------------------------------
The Supreme Court and lower courts have consistently held
that aliens who have entered the United States gain the full
protections of the Constitution's due process clause, and
cannot be deported on the basis of evidence not disclosed to
them.\21\ In the 1976 case of Matthews v. Diaz, the Court
wrote:

There are literally millions of aliens within the
jurisdiction of the United States. The Fifth Amendment
as well as the Fourteenth Amendment, protects every one
of these persons from deprivations of life, liberty, or
property without due process of law. Even one whose
presence in this country is unlawful, involuntary, or
transitory is entitled to that constitutional
protection.\22\
\21\ See Kwong Hai Chew v. Colding, 344 U.S. 590 (1953) (INS could
not subject returning permanent resident alien to ``summary exclusion''
based on secret evidence); Rafeedie v. INS, 795 F. Supp. 13 (D.D.C.
1992) (INS attempt to expel a permanent resident alien on the basis of
undisclosed classified information held to be unconstitutional).
\22\ Matthews v. Diaz, 426 U.S. 67, 77 (1976).

Only last month in Arab-American Anti-Discrimination
Committee v. Reno,\23\ the Ninth Circuit reaffirmed this
principle when it found that ``[a]liens who reside in this
country are entitled to full due process protections'' and
noted that ``the very foundation of the adversary process
assumes the use of undisclosed information will violate due
process * * * '' \24\ The Court acknowledged that while ``not
all of the rights of criminal defendants are applicable in the
civil context, the procedural due process notice and hearing
requirements have `ancient roots' in the rights to
confrontation and cross-examination'' and should be fully
provided for in deportation proceedings.\25\
\23\ American-Arab Anti-Discrimination Committee v. Reno No. 94-
55405, 1995 U.S. App. LEXIS 31415, *1, *42 (9th Cir., Nov. 8, 1995)
(per curiam).
\24\ Id. at *52, *62.
\25\ Id. at *61.
---------------------------------------------------------------------------
Although we have previously allowed the use of secret
evidence to exclude aliens who have not yet entered this
country, our experience with such procedures highlights the
dangers present in denying any party due process. In the
infamous case U.S. ex rel. Knauff v. Shaughnessy,\26\ secret
evidence was used to exclude from the United States the German
wife of a U.S. citizen who had fled to England when Hitler came
to power. In his dissenting opinion, Justice Jackson argued,
``[t]he plea that evidence of guilt must be secret is abhorrent
to free men, because it provides a cloak for the malevolent,
the misinformed, the meddlesome, and the corrupt to play the
role of informer undetected and uncorrected.'' \27\ In a
subsequent hearing necessitated by public outrage over the
denial of Mrs. Knauff's visa it was learned that the
``confidential source'' offering the secret evidence was a
jilted lover. When the Immigration and Naturalization Service
sought to use secret evidence to expel an alien several years
ago, the D.C. Circuit likened the alien's position to that of
``Joseph K. in The Trial,'' finding that ``[i]t is difficult to
imagine how even someone innocent of all wrongdoing could meet
such a burden.'' \28\
\26\ U.S. ex rel. Knauff v. Shaughnessy, 338 U.S. 537 (1950).
\27\ Id. at 551.
\28\ Rafeedie v. INS, 880 F.2d 506, 516 (D.C. Cir. 1989).
---------------------------------------------------------------------------
H.R. 1710 also includes a number of additional immigration
law amendments which bear little if any relationship to the
problem of terrorism. For example, section 621 of the bill
eliminates alien exclusion hearings and grants low level
immigration officers at airports and other ports of entry non-
reviewable authority to exclude and deport aliens seeking entry
without proper documents. The section also severely limits the
review rights of those seeking asylum due to fear of
persecution in their homeland. Section 623 seeks to strip away
aliens' due process rights by creating a legal fiction treating
any alien shown to be present unlawfully to summary
``exclusion'' (rather than deportation) proceedings.\29\
Section 631 grants federal law enforcement officials access to
otherwise confidential immigration files.\30\ There was little
testimony offered at the hearings concerning these provisions,
which while unlikely to deter terrorists, will have a profound
impact on the lives of many aliens and their families. Whatever
their conceivable merits, we see no reason to consider these
provisions in the context of counterterrorism legislation at a
time when separate omnibus immigration legislation has been
ordered reported by the Committee.\31\
\29\ Pursuant to the ``entry doctrine'' aliens who have effected
entry, rather than being detained at the border, are subject to more
formal deportation proceedings protected by Fifth Amendment due process
rights. See, e.g., Leng May Ma v. Barber, 357 U.S. 185, 188 (1958);
Shaughnessy v. United States ex rel. Mezei, 345 U.S. 206, 215 (1953);
Kaplan v. Tod, 267 U.S. 228, 230 (1925). However, any effort to strip
away these rights from aliens who have developed ties in the United
States, even where they have entered without documentation may well be
unconstitutional. See Landon v. Plasencia, 459 U.S. 21, 33 (1982);
Rosenberg v. Fleuti, 374 U.S. 449, 460 (1963); Kwong Hai Chew v.
Colding, 344 U.S. 590, 596 (1953).
\30\ These files were made confidential as part of an effort to
encourage aliens to come forward and register for general amnesty
pursuant to the Immigration Reform and Control Act of 1986. Immigration
Reform and Control Act of 1986, Pub. L. No. 99-603 (1986).
\31\ See H.R. 2202, 104th Cong., 1st Sess. (1995) (ordered reported
by the House Judiciary Comm. on Oct. 24, 1995).
---------------------------------------------------------------------------

C. Expanded investigatory and search and seizure authority--A threat to
our privacy

Title III of the legislation represents an unprecedented
expansion of the federal government's authority to intrude upon
our privacy. The bill not only expands the government's wiretap
and electronic surveillance authority, but authorizes a number
of intrusive new investigatory techniques in cases involving
so-called ``foreign counterintelligence investigations.''
Neither of these expansions is likely to have any effect on the
government's ability to investigate or deter terrorist
activity.
1. Expanded wiretap and electronic surveillance authority
Section 301 of H.R. 1710 adds twelve new crimes to the list
of offenses that will support a wiretap order under the
Electronic Communications Privacy Act.\32\ It does so despite
the fact that there has been no showing that any additional
authority is needed or that the FBI has ever failed to obtain a
desired wiretap because a particular predicate offense was not
on the list. In fact, it has been reported that not once since
1988 has the FBI sought electronic surveillance authority in a
case involving bombing, arson, or firearms.\33\
\32\ 18 U.S.C. 2510 et seq.
\33\ Wiretap Report for the Period January 1, 1994 to December 31,
1994, Administrative Office of the United States Courts, at 21 (Apr.
1995).
---------------------------------------------------------------------------
Section 306 of the bill creates a ``good faith'' exception
to the wiretap statute's exclusionary rule. The current wiretap
exclusionary rule is based on the Constitutional requirement
that evidence obtained from an unlawful search may not be
introduced as evidence in court.\34\ Although in recent years
the Supreme Court has limited the Constitutional exclusionary
requirement in cases where an unlawful search was undertaken in
``good faith'' reliance on a warrant,\35\ it has never allowed
evidence from unlawful searches to be introduced where there
was no understanding that a warrant or court order had been
issued (as section 306 would). History has established that
there is no better deterrent to the government's propensity to
intrude on our privacy than the exclusionary rule \36\ and
whether or not section 306 is held to be unconstitutional,\37\
we believe it is poor policy to permit law enforcement officers
to conduct wiretaps and other searches without the benefit of a
court order. (We would also point out that the Majority's
support of this section appears to be directly inconsistent
with their strident opposition to the ATF's search of the
Branch Davidian Waco, Texas compound for illegal guns pursuant
to an allegedly defective warrant).\38\
\34\ See United states v. Weeks, 232 U.S. 383 (1914); Mapp v. Ohio,
367 U.S. 643 (1961) (applying exclusionary rule in Fourth Amendment
cases in State as well as federal courts).
\35\ United States v. Leon, 468 U.S. 897 (1984). See also, Arizona
v. Evans, 115 S.Ct. 1185 (1995) (stating that the exclusionary rule was
held inapplicable where there was a reasonable, but mistaken belief
that a warrant was outstanding).
\36\ See Exclusionary Rule Reform Act of 1995, H. Rep. No. 17,
104th Cong., 1st Sess. 17-19 (1995), dissenting views (``[T]he
exclusionary rule protects the very integrity of the criminal justice
system by requiring law enforcement to articulate to the judiciary the
factors indicating the existence of probable cause. By so doing, the
rule encourages careful police work that will help build the
prosecution case at trial.'')
\37\ This would have the effect of permitting terrorists arrested
through invalid wiretaps to go free.
\38\ Oversight Hearings on Federal Law Enforcement Actions in
Relation to the Branch Davidian Compound in Waco, Texas, Joint Hearings
before the Subcomm. on Crime, House Comm. on the Judiciary, and
Subcomm. on National Security, International Affairs, and General
Justice, House Comm. on Government Reform and Oversight, 104th Cong.,
1st Sess. (July 1995) [hereinafter, Waco Hearings].
---------------------------------------------------------------------------
Section 307 of the bill would authorize federal law
enforcement officers to intercept ``stored e-mail'' and
``electronic funds transfer'' information without any required
showing or court order. This new authorization would apply to
any interception involving any federal case--there is no
limitation to terrorism-related crimes. Again, there has been
no showing made that such an intrusion upon our privacy is
justified or is in any way related to the problem of terrorism.
Section 308 would allow federal law enforcement officers to
wiretap telephones without any court order on a temporary 48-
hour basis, so long as the wiretap is purportedly related to
domestic or international terrorism. Since current law already
authorizes emergency wiretaps where there is risk of immediate
death or serious physical injury to any person or a threat to
the national security,\39\ we do not believe it is necessary to
grant federal law enforcement officials further ``emergency''
authority.\40\
\39\ 18 U.S.C. Sec. 2518(7)(A).
\40\ The term ``terrorism'' is subject to very broad construction,
and by vastly enhancing the government's ability to intercept
communications, section 308 may well be found to have gone beyond the
``exigent circumstances'' exception to the Fourth Amendment specified
in Berger v. New York, 388 U.S. 41 (1967) and Katz v. United States,
389 U.S. 347 (1967)). See also supra note 14.
---------------------------------------------------------------------------
Another provision raising serious Constitutional concerns
is section 309, pertaining to so-called ``roving wiretaps''
(i.e., where a target is subject to wiretapping as he or she
goes from phone to phone, rather than being restricted to
specific phones). Roving wiretaps are particularly intrusive
investigatory techniques, because they make it far more likely
that conversations involving innocent third parties will be
inadvertently recorded. Under current law, a roving wiretap may
only be approved by a court where there is a showing that the
person whose communications are to be intercepted has the
``purpose to thwart interception by changing facilities.'' \41\
By eliminating this required showing, section 309 will likely
be found unconstitutional, since courts have emphasized the
``purpose to thwart interception'' requirement in upholding the
constitutionality of the underlying statute.\42\
\41\ 18 U.S.C. Sec. 2518(11)(b).
\42\ See United States v. Bianco, 998 F.2d 1112 (2d Cir. 1993),
cert denied 114 S.Ct. 1644 (1994); United States v. Silverman, 732 F.
Supp. 1057 (S.D. Cal. 1990), aff'd in relevant part, United States v.
Petti, 973 F.2d 1441 (9th Cir. 1992).
---------------------------------------------------------------------------
Section 310 grants the FBI the general authority to obtain
access to local telephone billing information in all federal
cases, without requiring grand jury approval. We see no need to
provide such a general extension of authority which again goes
well beyond the problem of terrorism.
2. New investigatory techniques in foreign
counterintelligence cases
Sections 302, 303, and 304 provide federal law enforcement
officials with new investigatory authority in so-called
``foreign counter-intelligence'' operations (i.e., involving
foreign espionage). These sections would authorize intrusive
investigations into the affairs of U.S. citizens even though no
potential legal violation has been identified.
Section 302 grants the FBI the authority to utilize ``pen
registers'' (which record the number dialed on a telephone) and
``trap and trace'' devices (which record the number from which
a call originates, such as through so-called ``caller
ID'').\43\ Section 303 and 304 grant the FBI the authority to
obtain access to consumer credit reports, and the records of
common carriers, public accommodation, physical storage, and
vehicle rental facilities, with the approval of a court or
magistrate. All of these matters are currently accessible to
the FBI in ordinary criminal investigations, and these
provisions would extend the FBI's authority where no criminal
predicate was involved. Since there has been no nexus shown
between ``foreign counterintelligence'' and incidents of
terrorism, we do not believe the provisions should be included
in H.R. 1710.
\43\ Under current law, the government may obtain an order
authorizing the use of trap and trace devices by submitting an
application including a certification that the information likely to be
obtained is relevant to an ongoing criminal investigation. 18 U.S.C.
Sec. 3122-23.
---------------------------------------------------------------------------

D. Federalization of crimes of violence--A threat to the constitutional
principle of federalism

Sections 104 and 315 of the bill would convert into federal
``terrorism'' crimes a broad range of violent activity already
proscribed by state criminal law. Section 104 federalizes
several crimes currently punishable under state law, including
assault with a deadly weapon and damage to property, so long as
one of a number of tenuous jurisdictional nexuses can be met
and the Attorney General ``certifies'' that the act is in any
way ``terrorism'' related. Section 315 broadly defines
``terrorism'' to include domestic as well as international
activity, including domestic gun crimes and some forms of
vandalism. Collectively, these provisions threaten to upset the
historical balance between federal and State law enforcement.
Moreover, once a particular form of conduct is deemed to
be, or alleged to be ``terrorism,'' a number of punitive
collateral consequences ensue. Pursuant to section 102,
providing material support or resources--including cash,
meeting facilities, transportation, or goods for the conduct of
``terrorism''--would be a crime punishable by fine and up to
ten years in prison. Pursuant to section 307, the federal
government is permitted to utilize a broad range of intrusive
investigatory techniques, including wiretaps with court orders
and emergency wiretaps, without a court order in connection
with ``terrorism.'' Further, section 104 eases the ordinary
rules of prosecution applicable to terrorism-related offenses,
by, for example, narrowing the grounds for bail and not
requiring that a conviction for conspiracy include proof of an
overt act by any of the conspirators.
In essence, the legislation creates the option of federal
prosecution for conduct otherwise subject to State prosecution
with enhanced investigatory techniques and subject to eased
procedural rules. The decision whether or not to treat conduct
as ``terrorism'' is, to a large extent, left to the discretion
of the Attorney General. The Attorney General would be placed
in the position of deciding whether to prosecute conduct as
``terrorism,'' based on an unreviewable determination about the
political motivation of the actor. This could easily lead to
selective prosecution of those with unpopular or controversial
opinions.

E. Expanding the role of the military in law enforcement--A threat to a
civil society

Section 312 allows the military to participate in law
enforcement activity involving biological or chemical weapons.
Although the assistance is limited to so-called ``technical and
logistical assistance,'' no effort has been made in the
legislation to define this crucial term other than to authorize
the Attorney General and Secretary of Defense to promulgate
regulations concerning the nature of permitted assistance.\44\
\44\ The only limitation set forth in the bill is that the military
is not granted arrest authority or permitted to assist in conducting
searches and seizures, but even this limitation is inoperative in cases
involving the immediate protection of life.
---------------------------------------------------------------------------
Although section 312 purports to limit the military's role
to situations where civilian expertise is ``not readily
available'' and military capabilities are ``needed,'' as a
practical matter the provision leaves significant, essentially
non-reviewable discretion to the Justice and Defense
Departments. As a result, the provision would abrogate the long
accepted American tradition, as set forth in the Posse
Comitatus Act, prohibiting the use of the military in domestic
law enforcement matters.\45\ (We would also note that the
Majority's support for an expanded military role in law
enforcement in the context of H.R. 1710 is inconsistent with
their position taken at the Waco hearings, when many Republican
members expressed deep concern regarding the military providing
ATF agents with training and equipment in preparation for the
raid on the Branch Davidian compound).\46\
\45\ Except in certain narrowly defined circumstances such as
offenses involving nuclear materials, current federal law prohibits the
use of military as a ``posse comitatus'' or otherwise to execute the
laws. 18 U.S.C. Sec. Sec. 831, 1385. This prohibition on military
involvement in law enforcement is linked to our nation's tradition of
civilian control of the military and a recognition of the dangers posed
by setting the military against our own citizens. The Posse Comitatus
Act grew out of enforcement concerns during post-Civil War
reconstruction, as well as concerns about the use of the military to
suppress labor movements and the frequency with which authoritarian
regimes have used their militaries as law enforcers. See generally,
Meeks, Illegal Law Enforcement; Aiding Civil Authorities In Violation
of the Posse Comitatus Act, 70 Mil. L. Rev. 83 (1975).
\46\ See Waco Hearings, supra note 38.
---------------------------------------------------------------------------

II. OMISSION OF PROVISIONS WHICH WOULD PROTECT FEDERAL EMPLOYEES FROM
``COP-KILLER'' BULLETS AND REQUIRED TAGGING OF EXPLOSIVE MATERIALS

The Majority rejected important amendments offered at the
Committee markup which would have banned so-called ``cop-
killer'' bullets and authorized the Secretary of Treasury to
require the inclusion of ``taggants'' (tracer elements) and
make certain explosive material inert. Instead of acting to
prevent needless deaths through the adoption of these common
sense amendments, the Committee substituted mere non-binding
studies. Since the public consensus to respond to the problem
of terrorism may well be diffused by the time these separate
studies are concluded, the delay will allow the special
interests opposing these provisions to more easily defeat any
subsequent legislative initiatives.

A. Failure to ban armor-piercing bullets

Current law bans bullets designed to pierce bullet proof
vests based on the materials the bullets are made of (e.g.,
tungsten or depleted uranium) or their physical specifications
(e.g., the ratio of the bullet's jacket weight to core
weight).\47\ Unfortunately, there is a loophole in the current
law which allows manufacturers to design bullets which conform
to the physical limitations of the statute, yet are still able
to pierce bullet-proof vests. For example, last year the
statute had to be revised to respond to an armor-piercing
bullet known as the ``M-39B,'' designed by a Swedish
manufacturer.\48\
\47\ 18 U.S.C. Sec. 921(a)(17)(B).
\48\ See Violent Crime Control and Law Enforcement Act of 1994,
Pub. L. 103-322, Sec. 110519, 108 Stat. 2020 (1994).
---------------------------------------------------------------------------
Rather than react after-the-fact to each new bullet-
piercing design that manufacturers may devise--risking the
possibility of needless killings of federal and local law
enforcement officials wearing bullet-proof vests in the line of
duty--in our view it would be far preferable to provide for a
definition of armor-piercing bullets based on a more generic
performance standard. When Mr. Schumer offered an amendment
allowing the Justice Department to develop such a standard, the
Committee initially approved it by a sixteen to fourteen vote.
However, the next day, Representatives Flanagan and
Heineman--who had initially supported the proposal--changed
their positions, and the Republicans used a procedural device
known as a ``motion to reconsider'' to nullify the amendment
approved by the Committee, and instead substituted a non-
binding study of the problem. This approach flies in the face
of support for a ``cop-killer'' bullets ban by the Fraternal
Order of Police,\49\ and unnecessarily jeopardizes the lives of
law enforcement officials in the front line battling terrorists
and other criminals.
\49\ See Press Release of Fraternal Order of Police National
Legislative Program concerning cop killer bullet legislation, June 30,
1995.
---------------------------------------------------------------------------
The majority's principal argument against the ``cop
killer'' bullet provision was based on its hesitancy to grant
the executive branch the power to make any final determinations
regarding the banning of these weapons of destruction. Their
concern is somewhat surprising given that so many other
provisions in the bill already vest the executive branch with
substantial decision-making discretion. Among other things, for
example, H.R. 1710 would give the executive branch near
complete discretion to deprive people of their liberties by
designating groups and their representatives as being
``terrorist.''\50\ It is notable that only when faced with a
gun-related issue that vesting discretion in the executive
branch is deemed problematic by the Majority.
\50\ During Committee consideration of the ``cop-killer'' bullet
amendment, Ranking Member Conyers itemized a number of areas where H.R.
1710 had granted significant and essentially non-reviewable discretion
to the executive branch:
1. Section 104 allows the Attorney General to determine what
constitutes ``terrorism.''
2. Section 206 authorizes the Sentencing Commission to enhance
penalties for ``terrorist'' offenses.
3. Section 303 allows the FBI Director to obtain credit information
in ``foreign counter-intelligence operations,'' even where no criminal
predicate is present.
4. Section 304 allows the FBI Director to obtain records of common
carriers, hotels, motels, and vehicle rentals in ``foreign counter-
intelligence operations,'' even where no criminal predicate is present.
5. Section 308 grants the Attorney General emergency wiretap
authority in terrorism cases.
6. Section 312 allows the Attorney General and the Secretary of
Defense to determine when and how the military may participate in law
enforcement activities involving ``biological or chemical weapons.''
7. Section 314 allows the Attorney General to set up awards in
federal felony cases of up to $100,000.
8. Section 611 allows the Secretary of State to designate
``terrorist groups'' to whom making contributions would be illegal.
(The Secretary can also remove such designation pursuant to Section
611).
9. Section 611 allows the Secretary of State to determine which
groups ``mere membership'' will constitute grounds for exclusion from
the United States.
10. Section 611 allows the Secretary of State to determine who is a
``representative'' of a terrorist organization for the purpose of
deportation and exclusion.
---------------------------------------------------------------------------

B. Failure to require tagging of explosive materials

Another significant amendment rejected by the Majority
would have required the inclusion of taggants (tracer elements)
in explosive materials and mandated that unregulated yet highly
explosive materials (such as fertilizer) be rendered inert.
Here again the Republicans opted for a weak study, rather than
authorizing the Secretary of Treasury to take such potentially
life-saving actions.\51\
\51\ This is in contrast with the Senate legislation, which
authorized the Secretary of Treasury to take appropriate actions with
regard to tagging explosives and rendering their components inert. S.
735, 104th Cong., 1st Sess. (1995).
---------------------------------------------------------------------------
Including taggants in explosive materials can significantly
enhance the investigation of bombing crimes by permitting
identification of the source of an explosive should the
explosive be used in a criminal or otherwise improper manner.
Law enforcement officials would use the taggants to trace
explosives to their manufacturer and batch date and, thereby,
the buyer of the explosives as well. Requiring that certain
otherwise explosive materials be made inert--such as the
ammonium nitrate intended for use as a fertilizer that was used
in the Oklahoma City bombing--has the further potential to
avert deadly terrorist bombings.
The issue of tagging explosives has been under
consideration by Congress for nearly 20 years, and has been the
subject of prior study and recommendation without any avail.
Indeed a 1980 Office of Technology Assessment report concluded
that ``identification of taggants would facilitate the
investigation of almost all significant criminal bombings in
which commercial explosives were used.'' \52\ In response to
concerns that the taggants would not survive a blast, the OTA
study found that the 3M taggant ``appear(s) to survive the
detonation of commercial explosives under ideal conditions [and
that] a trained team can probably recover debris from which a
laboratory can separate taggants under most incident
conditions.'' \53\ Unfortunately, all previous legislative
efforts to adopt tagging requirements have been undermined by
the National Rifle Association and the Institute of Makers of
Explosives.\54\
\52\ OTA Report, ``Taggants in Explosives,'' April 28, 1980.
\53\ Id.
\54\ Based on results from a Bureau of Mines pilot program,
Senators Ribicoff and Javits unsuccessfully sought to include tagging
requirements in legislation in 1977 and 1979. Subsequent efforts to
enact tagging legislation after the OTA study were also defeated by the
NRA, which also frustrated efforts by Senator Glenn to authorize the
BATF to continue taggants research.
---------------------------------------------------------------------------

Conclusion

Although we would have strongly preferred to have been
given the opportunity to support a sensible and real response
to the violence caused by terrorists, the Committee has chosen
to approve a bill which represents one of the most significant
intrusions on our civil liberties since the eras of interning
Japanese-Americans during World War II and the red-baiting of
McCarthyism. We simply do not believe that fighting terrorism
necessitates banning donations to and membership in suspected
subversive organizations, using ``star chamber'' procedures to
deport our legal resident aliens, tapping our phones without
warrants or just cause, or further federalizing conduct
previously regulated by the States.
We also strongly object to the Committee's failure to
include in the legislation important provisions relating to
armor-piercing bullets and identifying tracers on explosives.
These provisions offered a genuine opportunity to limit the
potential for terrorist misconduct, but were summarily rejected
by the Majority. Instead the bill includes only weak studies,
which are more likely to delay legislation than save lives.
Although the threat from terrorists is real, the threat
from official abuse directed at peaceful political activity is
equally alarming. We urge the Members to reflect upon the
lessons of the past and consider whether H.R. 1710 truly
advances the principles this country has so long struggled to
embody.

John Conyers, Jr.
Pat Schroeder.
Jerrold Nadler.
Bobby Scott.
Melvin L. Watt.
Xavier Becerra.
Jose E. Serrano.

<all>

1995 Congressional DocumentsIntelligence and Security

1995 Congressional Documents
Intelligence and Security