[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1710 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1710

                          To combat terrorism.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 25, 1995

Mr. Hyde (for himself, Mr. McCollum, Mr. Smith of Texas, Mr. Gekas, Mr. 
  Canady of Florida, Mr. Hoke, and Mr. Bono) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
                          To combat terrorism.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
                         TITLE I--NEW OFFENSES

Sec. 101. Protection of Federal employees.
Sec. 102. Providing financial support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction 
                            statute.
Sec. 108. Addition of terrorism offenses to the money laundering 
                            statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
                     TITLE II--INCREASED PENALTIES

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

Sec. 301. Interceptions of communications.
Sec. 302. Pen registers and trap and trace devices in foreign 
                            counterintelligence investigations.
Sec. 303. Disclosure of information and consumer reports to Federal 
                            Bureau of Investigation for foreign 
                            counterintelligence purposes.
Sec. 304. Access to records of common carriers, public accommodation 
                            facilities, physical storage facilities and 
                            vehicle rental facilities in foreign 
                            counterintelligence and counterterrorism 
                            cases.
Sec. 305. Study of tagging explosive materials, rendering explosive 
                            components inert, and imposing controls of 
                            precursors of explosives.
Sec. 306. Limitation of statutory exclusionary rule concerning 
                            intercepted wire or oral communications.
Sec. 307. Authority for wiretaps in any terrorism-related or explosives 
                            felony.
Sec. 308. Temporary emergency wiretap authority involving terroristic 
                            crimes.
Sec. 309. Expanded authority for multi-point wiretaps.
Sec. 310. Enhanced access to telephone billing records.
Sec. 311. Requirement to preserve evidence.
Sec. 312. Military assistance with respect to offenses involving 
                            weapons of mass destruction.
Sec. 313. Detention hearing.
Sec. 314. Reward authority of the Attorney General.
Sec. 315. Definition of terrorism.
                      TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.
        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Investigative authority.
Sec. 506. Effective date.
                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 601. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and deportation of alien terrorists.
      Part 2--Exclusion and Denial of Asylum for Alien Terrorists

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

Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.
            Subtitle C--Improved Information and Processing

                     Part 1--Immigration Procedures

Sec. 631. Access to certain confidential INS files through court order.
Sec. 632. Waiver authority concerning notice of denial of application 
                            for visas.
        Part 2--Asset Forfeiture for Passport and Visa Offenses

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

Sec. 701. Authorization of appropriations.
Sec. 702. Civil monetary penalty surcharge and telecommunications 
                            carrier compliance payments.
                         TITLE I--NEW OFFENSES

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

    (a) Homicide.--Section 1114 of title 18, United States Code, is 
amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
    ``Whoever kills or attempts to kill any officer or employee of the 
United States or of any agency in any branch of the United States 
Government (including any member of the uniformed services) while such 
officer or employee is engaged in or on account of the performance of 
official duties, or any person assisting such an officer or employee in 
the performance of such duties or on account of that assistance, shall 
be punished, in the case of murder, as provided under section 1111, or 
in the case of manslaughter, as provided under section 1112, except 
that any such person who is found guilty of attempted murder shall be 
imprisoned for not more than 20 years.''.
    (b) Threats Against Former Officers and Employees.--Section 
115(a)(2) of title 18, United States Code, is amended by inserting ``, 
or threatens to assault, kidnap, or murder, any person who formerly 
served as a person designated in paragraph (1), or'' after ``assaults, 
kidnaps, or murders, or attempts to kidnap or murder''.

SEC. 102. PROVIDING FINANCIAL SUPPORT TO TERRORIST ORGANIZATIONS.

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

``2339B. Providing financial support to terrorist organizations.''.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended read as 
follows:
``Sec. 2339A. Providing material support to terrorists
    ``(a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the nature, 
location, source, or ownership of material support or resources, 
knowing or intending that they are to be used in preparation for or in 
carrying out, a violation of section 32, 37, 351, 844(f) or (i), 956, 
1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b 
of this title or section 46502 of title 49, or in preparation for or in 
carrying out the concealment or an escape from the commission of any 
such violation, shall be fined under this title, imprisoned not more 
than ten years, or both.''.
    ``(b) Definition.--In this section, the term `material support or 
resources' means currency or other financial securities, financial 
services, lodging, training, safehouses, false documentation or 
identification, communications equipment, facilities, weapons, lethal 
substances, explosives, personnel, transportation, and other physical 
assets.''.

SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after section 2332a the following:
``Sec. 2332b. Acts of terrorism transcending national boundaries
    ``(a) Prohibited Acts.--
            ``(1) Whoever, involving any conduct transcending national 
        boundaries and in a circumstance described in subsection (b)--
                    ``(A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults with a 
                dangerous weapon any individual within the United 
                States; or
                    ``(B) creates a substantial risk of serious bodily 
                injury to any other person by destroying or damaging 
                any structure, conveyance, or other real or personal 
                property within the United States;
        in violation of the laws of any State or the United States 
        shall be punished as prescribed in subsection (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 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 in another country in addition to the 
        conduct occurring in the United States;
            ``(2) the term `facility of interstate or foreign commerce' 
        has the meaning given that term in section 1958(b)(2) of this 
        title;
            ``(3) the term `serious bodily injury' has the meaning 
        prescribed in section 1365(g)(3) of this title; and
            ``(4) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, that relates to 
terrorism is amended by inserting after the item relating to section 
2332a the following new item:

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

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

    (a) Murder and Destruction of Property.--Section 1956(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 ``section 1032 (relating to 
        concealment of assets from conservator, receiver, or 
        liquidating agent of financial institution),'' the following: 
        ``section 1111 (relating to murder), section 1114 (relating to 
        protection of officers and employees of the United States), 
        section 1116 (relating to murder of foreign officials, official 
        guests, or internationally protected persons),'';
            (6) by inserting after ``section 1203 (relating to hostage 
        taking)'' the following: ``section 1361 (relating to willful 
        injury of Government property), section 1363 (relating to 
        destruction of property within the special maritime and 
        territorial jurisdiction),'';
            (7) by inserting after ``section 1708 (theft from the 
        mail);'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
            (8) by inserting after ``2114 (relating to bank and postal 
        robbery and theft),'' the following: ``section 2280 (relating 
        to violence against maritime navigation), section 2281 
        (relating to violence against maritime fixed platforms),''; and
            (9) by striking ``of this title'' and inserting the 
        following: ``section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2332a (relating to 
        use of weapons of mass destruction), section 2332b (relating to 
        international terrorist acts transcending national boundaries), 
        2339A (relating to providing material support to terrorists) of 
        this title, section 46502 of title 49, United States Code,''.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

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

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

    Section 844(f) of title 18, United States Code, is amendedto read 
as follows:
    ``(f) Whoever damages or destroys, or attempts to damage or 
destroy, by means of fire or an explosive, any personal or real 
property in whole or in part owned, possessed, or used by, or leased 
to, the United States, or any department or agency thereof, shall be 
fined under this title or imprisoned for not more than 25 years, or 
both, but--
            ``(1) if personal injury results to any person other than 
        the offender, the term of imprisonment shall be not more than 
        40 years;
            ``(2) if fire or an explosive is used and its use creates a 
        substantial risk of serious bodily injury to any person other 
        than the offender, the term of imprisonment shall not be less 
        than 20 years; and
            ``(3) if death results to any person other than the 
        offender, the offender shall be subject to the death penalty or 
        imprisonment for any term of years not less than 30, or for 
        life.''.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

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

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

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

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

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

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

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

SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

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

SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.

    (a) Authorization of Interceptions in Certain Terrorism Related 
Offenses.--Section 2516(1) of title 18, United States Code, is 
amended--
            (1) by striking ``and'' at the end of subparagraph (n);
            (2) by redesignating subparagraph (o) as subparagraph (q);
            (3) by inserting after paragraph (n) the following:
            ``(o) any violation of section 842 (relating to explosives 
        violations), section 956 or section 960 (relating to certain 
        actions against foreign nations), section 1114 (relating to 
        protection of officers and employees of the United States), 
        section 1116 (relating to murder of foreign officials, official 
        guests, or internationally protected persons), section 1751 
        (relating to Presidential assassination), section 2332 
        (relating to terrorist acts abroad), section 2332a (relating to 
        weapons of mass destruction, section 2332b (relating to acts of 
        terrorism transcending national boundaries), section 2339A 
        (relating to providing material support to terrorists), section 
        37 (relating to violence at international airports) of title 
        18, United States Code, or;
            ``(p) any violation of section 46502 of title 49, United 
        States Code; and''.
    (b) Reports Concerning Intercepted Communications.--Subsection (6) 
of section 2518 of the United States Code is amended to read as 
follows:
    ``(6) Whenever an order authorizing interception is entered under 
this chapter, the order shall require the attorney for the Government 
to file a report with the judge who issued the order showing what 
progress has been made toward achievement of the authorized objective 
and the need for continued interception. Such report shall be made 15 
days after the interception has begun. No other reports shall be made 
to the judge under this subsection.''.

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

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

SEC. 303. DISCLOSURE OF INFORMATION AND CONSUMER REPORTS TO FEDERAL 
              BUREAU OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE 
              PURPOSES.

    (a) In General.--Chapter 33 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 540B. Disclosures for counterintelligence purposes
    ``(a) Identity of Financial Institutions.--Notwithstanding any 
provision of the Fair Credit Reporting Act, a consumer reporting agency 
shall furnish to the Federal Bureau of Investigation the names and 
addresses of all financial institutions (as that term is defined in 
section 1101 of the Right to Financial Privacy Act of 1978) at which a 
consumer maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with a 
written request for that information, signed by the Director of the 
Federal Bureau of Investigation, or the Director's designee (in a 
position not lower than Deputy Assistant Director), which certifies 
compliance with this section. The Director or the Director's designee 
may make such a certification only if the Director or the Director's 
designee has determined in writing that--
            ``(1) such information is necessary for the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer--
                    ``(A) is a foreign power (as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978) 
                or a person who is not a United States person (as 
                defined in such section 101) and is an official of a 
                foreign power; or
                    ``(B) is an agent of a foreign power and is 
                engaging or has engaged in international terrorism (as 
                that term is defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or clandestine 
                intelligence activities that involve or may involve a 
                violation of criminal statutes of the United States.
    ``(b) Identifying Information.--Notwithstanding any provision of 
the Fair Credit Reporting Act, a consumer reporting agency shall 
furnish identifying information respecting a consumer, limited to name, 
address, former addresses, places of employment, or former places of 
employment, to the Federal Bureau of Investigation when presented with 
a written request, signed by the Director or the Director's designee, 
which certifies compliance with this subsection. The Director or the 
Director's designee may make such a certification only if the Director 
or the Director's designee has determined in writing that--
            ``(1) such information is necessary to the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(2) there is information giving reason to believe that 
        the consumer has been, or is about to be, in contact with a 
        foreign power or an agent of a foreign power (as defined in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978).
    ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding any provision of the Fair Credit Reporting Act, if 
requested in writing by the Director of the Federal Bureau of 
Investigation, or a designee of the Director, a court may issue an 
order ex parte directing a consumer reporting agency to furnish a 
consumer report to the Federal Bureau of Investigation, upon a showing 
in camera that--
            ``(1) the consumer report is necessary for the conduct of 
        an authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer report is 
        sought--
                    ``(A) is an agent of a foreign power; and
                    ``(B) is engaging or has engaged in international 
                terrorism (as that term is defined in section 2331 of 
                this title) or clandestine intelligence activities that 
                involve or may involve a violation of criminal statutes 
                of the United States.
The terms of an order issued under this subsection shall not disclose 
that the order is issued for purposes of a counterintelligence 
investigation.
    ``(d) Confidentiality.--No consumer reporting agency or officer, 
employee, or agent of a consumer reporting agency shall disclose to any 
person, other than those officers, employees, or agents of a consumer 
reporting agency necessary to fulfill the requirement to disclose 
information to the Federal Bureau of Investigation under
 this section, that the Federal Bureau of Investigation has sought or 
obtained the identity of financial institutions or a consumer report 
respecting any consumer under subsection (a), (b), or (c) and no 
consumer reporting agency or officer, employee, or agent of a consumer 
reporting agency shall include in any consumer report any information 
that would indicate that the Federal Bureau of Investigation has sought 
or obtained such information or a consumer report.
    ``(e) Payment of Fees.--The Federal Bureau of Investigation shall, 
subject to the availability of appropriations, pay to the consumer 
reporting agency assembling or providing reports or information in 
accordance with procedures established under this section, a fee for 
reimbursement for such costs as are reasonably necessary and which have 
been directly incurred in searching, reproducing, or transporting 
books, papers, records, or other data required or requested to be 
produced under this section.
    ``(f) Limit on Dissemination.--The Federal Bureau of Investigation 
may not disseminate information obtained pursuant to this section 
outside of the Federal Bureau of Investigation, except to the 
Department of Justice as may be necessary for the approval or conduct 
of a foreign counterintelligence investigation, or, where the 
information concerns a person subject to the Uniform Code of Military 
Justice, to appropriate investigative authorities within the military 
department concerned as may be necessary for the conduct of a joint 
foreign counterintelligence investigation.
    ``(g) Rules of Construction.--Nothing in this section shall be 
construed to prohibit information from being furnished by the Federal 
Bureau of Investigation pursuant to a subpoena or court order, or in 
connection with a judicial or administrative proceeding to enforce the 
provisions of this Act. Nothing in this section shall be construed to 
authorize or permit the withholding or information from the Congress.
    ``(h) Reports to Congress.--In January of each year, the Attorney 
General, shall report to the Congress concerning all requests made 
pursuant to subsections (a), (b), and (c) during the preceding year.
    ``(i) Damages.--Any agency or department of the United States 
obtaining or disclosing any consumer reports, records, or information 
contained therein in violation of this section is liable to the 
consumer to whom such consumer reports, records, or information relate 
in an amount equal to the sum of--
            ``(1) $100, without regard to the volume of consumer 
        reports, records, or information involved;
            ``(2) any actual damages sustained by the consumer as a 
        result of the disclosure;
            ``(3) if the violation is found to have been willful or 
        intentional, such punitive damages as a court may allow; and
            ``(4) in the case of any successful action to enforce 
        liability under this subsection, the costs of the action, 
        together with reasonable attorney fees, as determined by the 
        court.
    ``(j) Disciplinary Actions for Violations.--If a court determines 
that any agency or department of the United States has violated any 
provision of this section and the court finds that the circumstances 
surrounding the violation raise questions of whether or not an officer 
or employee of the agency or department acted willfully or 
intentionally with respect to the violation, the agency or department 
shall promptly initiate a proceeding to determine whether or not 
disciplinary action is warranted against the officer or employee who 
was responsible for the violation.
    ``(k) Good-Faith Exception.--Notwithstanding any other provision of 
the Fair Credit Reporting Act, any consumer reporting agency or agent 
or employee thereof making disclosure of consumer reports or 
identifying information pursuant to this subsection in good-faith 
reliance upon a certification of the Federal Bureau of Investigation 
pursuant to provisions of this section shall not be liable to any 
person for such disclosure under the Fair Credit Reporting Act, the 
constitution of any State, or any law or regulation of any State or any 
political subdivision of any State.
    ``(l) Limitation of Remedies.--Notwithstanding any provision of the 
Fair Credit Reporting Act, the remedies and sanctions set forth in this 
section shall be the only judicial remedies and sanctions for violation 
of this section.
    ``(m) Injunctive Relief.--In addition to any other remedy contained 
in this section, injunctive relief shall be available to require 
compliance with the procedures of this section. In the event of any 
successful action under this subsection, costs together with reasonable 
attorney fees, as determined by the court, may be recovered
    ``(n) Definitions.--Any term used in this section that is defined 
for the purposes of the Fair Credit Reporting Act shall have the 
meaning given that term for those purposes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by 
adding after the item relating to section 623 the following:

``624. Disclosures to FBI for counterintelligence purposes.''.
SEC. 304. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION 
              FACILITIES, PHYSICAL STORAGE FACILITIES AND VEHICLE 
              RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND 
              COUNTERTERRORISM CASES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 121 the following new chapter:
                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec.
``2720. Access to records of common carriers, public accommodation 
                            facil- Pities, physical storage facilities, 
                            and vehicle rental facilities in 
                            counterintelligence and counterterrorism 
                            cases.
``Sec.  2720. Access to records of common carriers, public 
              accommodation facilities, physical storage facilities, 
              and vehicle rental facilities in counterintelligence and 
              counterterrorism cases
    ``(a) Any common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility shall comply with a 
request for records in its possession made pursuant to this section by 
the Federal Bureau of Investigation when the Director or the Director's 
designee (in a position not lower than Assistant Special Agent in 
Charge) certifies in writing to the common carrier, public 
accommodation facility, physical storage facility, or vehicle rental 
facility that such records are sought for foreign counterintelligence 
purposes and that there are specific and articulable facts giving 
reason to believe that the person or an agent of a foreign power as 
defined in section 101 of the Foreign Intelligence Surveillance Act (50 
U.S.C. 1801).
    ``(b)(1) Except as otherwise provided in the subsection, no common 
carrier, public accommodation facility, physical storage facility, or 
vehicle rental facility, or any officer, employee, or agent of such 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility shall disclose to any person any 
information about that request.
    ``(2) The prohibition of this subsection does not apply to a 
disclosure to those officers, agents, or employees of the common 
carrier, public accommodation facility, physical storage facility, or 
vehicle rental facility necessary to fulfill the requirement to 
disclose the information to the Federal Bureau of Investigation under 
this section,
    ``(3) The prohibition of this subsection ends 180 days after the 
request is made under subsection (a), unless the Director or the 
Director's designee certifies in writing, at the beginning of each 
succeeding 180-day period, to the recipient of the request that the 
continuation of the prohibition during that period is necessary to the 
success of an ongoing investigation.
    ``(c) As used in this section--
            ``(1) the term `common carrier' has the meaning given that 
        term in section 10102 of title 49, United States Code, and also 
        includes an air carrier (as defined in section 40102 of title 
        49, United States Code) and a private commercial interstate 
        carrier for the delivery of packages and other objects;
            ``(2) the term `public accommodation facility' means any 
        inn, hotel, motel, or other establishment which provides 
        lodging to transient guests;
            ``(3) the term `physical storage facility' means any 
        business or entity which provides space for the storage of 
        goods or materials, or services related to the storage of goods 
        or materials, to the public or any segment thereof; and
            ``(4) the term `vehicle rental facility' means any person 
        or entity which provides vehicles for rent, lease, loan, or 
        other similar use to the public or any segment thereof.''.
    (b) Clerical Amendment.--The table of chapters for part I of title 
18, United States Code, is amended by inserting after the item relating 
to chapter 121 the following new item:

``122. Access to certain records............................    2729''.
SEC. 305. STUDY OF TAGGING EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE 
              COMPONENTS INERT, AND IMPOSING CONTROLS OF PRECURSORS OF 
              EXPLOSIVES.

    (a) Study.--The Attorney General, in consultation with other 
Federal, State and local officials with expertise in this area and such 
other individuals as the Attorney General deems appropriate, shall 
conduct a study concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) whether common chemicals used to manufacture explosive 
        materials can be rendered inert and whether it is feasible to 
        require it; and
            (3) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible to require it.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report that contains the results of the study required by 
this section. The Attorney General shall make the report available to 
the public.
SEC. 306. LIMITATION OF STATUTORY EXCLUSIONARY RULE CONCERNING 
              INTERCEPTED WIRE OR ORAL COMMUNICATIONS.

    Section 2515 of title 18, United States Code, is amended by adding 
at the end the following: ``This section shall not apply to the 
disclosure by the United States in a criminal trial or hearing or 
before a grand jury of the contents of a wire or oral communication, or 
evidence derived therefrom, unless the violation of this chapter 
involved bad faith by law enforcement.''

SEC. 307. AUTHORITY FOR WIRETAPS IN ANY TERRORISM-RELATED OR EXPLOSIVES 
              FELONY.

    (a) Definition of ``electronic communication''.--Section 2510(12) 
of title 18, United States Code, is amended--
            (1) by striking or'' at the end of subparagraph (B);
            (2) by inserting ``or'' at the end of subparagraph (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. TEMPORARY EMERGENCY WIRETAP AUTHORITY INVOLVING TERRORISTIC 
              CRIMES.

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

SEC. 309. EXPANDED AUTHORITY FOR ROVING WIRETAPS.

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

SEC. 310. ENHANCED ACCESS TO TELEPHONE BILLING RECORDS.

    (a) Section 2709.--Section 2709(b) of title 18, United States Code, 
is amended--
            (1) in paragraph (1)(A), by inserting ``local and long 
        distance'' before ``toll billing records''
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by striking the period at the end of 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''.

SEC. 311. REQUIREMENT TO PRESERVE EVIDENCE.

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

SEC. 312. MILITARY ASSISTANCE WITH RESPECT TO OFFENSES INVOLVING 
              WEAPONS OF MASS DESTRUCTION.

    (a) Request for Assistance.--The Attorney General may request the 
Secretary of Defense to provide technical and logistical assistance by 
civilian and military personnel of the Department of Defense in support 
of Department of Justice activities relating to offenses involving 
weapons of mass destruction (as defined in section 2332a of title 18, 
United States Code) if the Attorney General determines that--
            (1) such assistance is needed to counter the threat posed 
        by such a weapon or to enforce the criminal laws relating to 
        such weapons; and
            (2) civilian law enforcement expertise is not available to 
        provide the required assistance.
    (b) Provision of Assistance.--The Secretary of Defense shall 
provide such assistance unless doing so would adversely affect the 
military preparedness of the United States.
    (c) Assistance to Exclude Arrest or Apprehension.--For the purposes 
of this section, the term ``technical and logistical assistance'' does 
not include the apprehension or arrest of any person.
    (d) Reimbursement.--The Secretary of Defense may require 
reimbursement as a condition of providing assistance under this 
section.
    (e) Delegation.--The Attorney General may delegate a function under 
this section only to a Deputy Attorney General, Associate Attorney 
General, or Assistant Attorney General.

SEC. 313. DETENTION HEARING.

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

SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Title 18, United States Code, is amended by 
striking sections 3059 through 3059A and inserting the following:
``Sec. 3059 Reward authority of the Attorney General
    ``(a) The Attorney General may pay rewards and receive from any 
department or agency, funds for the payment of rewards under this 
section, to any individual who provides any information unknown to the 
Government leading to the arrest or prosecution of any individual for 
Federal felony offenses.
    ``(b) If the reward exceeds $100,000, the Attorney General shall 
give notice of that fact to the Senate and the House of Representatives 
not later than 30 days after authorizing the payment of the reward,.
    ``(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.''.
    (c) Conforming Amendment.--Section 1751 of title 18, United States 
Code, is amended by striking subsection (g).
SEC. 315. DEFINITION OF TERRORISM.

    Section 2331 of title 18, United States Code, is amended--
            (1) so that paragraph (1) reads as follows:
            ``(1) the term `terrorism' means the use of force or 
        violence in violation of the criminal laws of the United States 
        or of any State, or that would be in violation of the criminal 
        laws of the United States or of any State if committed within 
        the jurisdiction of the United States or that State that 
        appears to be intended to achieve political or social ends by--
                    ``(A) intimidating or coercing a segment of the 
                population;
                    ``(B) influencing or coercing a government official 
                or officials; or
                    ``(C) affecting the conduct of a government through 
                assassination or kidnapping;'';
            (2) by inserting after paragraph (1) the following:
            ``(2) the term `international terrorism' means terrorism 
        that occurs primarily outside the territorial jurisdiction of 
        the United States, or transcends national boundaries in terms 
        of the means by which it is accomplished, the persons it 
        appears intended to intimidate or coerce, or the locale in 
        which its perpetrators operate or seek asylum;''; and
            (3) by redesignating existing paragraphs (2) through (4) as 
        paragraphs (3) through (5), respectively.

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

    (a) Expansion of Scope and Jurisdictional Bases.--Section 831 of 
title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``nuclear material'' 
        each place it appears and inserting ``nuclear material or 
        nuclear byproduct material'';
            (2) in subsection (a)(1)(A), by inserting ``or the 
        environment'' after ``property'';
            (3) so that subsection (a)(1)(B) reads as follows:
                    ``(B)(i) circumstances exist which are likely to 
                cause the death of or serious bodily injury to any 
                person or substantial damage to property or the 
                environment; or (ii) such circumstances are represented 
                to the defendant to exist;'';
            (4) in subsection (a)(6), by inserting ``or the 
        environment'' after ``property'';
            (5) so that subsection (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 (3), (4), and (5), respectively;
            (14) by inserting after subsection (f)(1) the following:
            ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;'';
            (15) by striking ``and'' at the end of subsection (f)(4), 
        as redesignated;
            (16) by striking the period at the end of subsection 
        (f)(5), as redesignated, and inserting a semicolon; and
            (17) by adding at the end of subsection (f) the following:
            ``(6) the term `national of the United States' has the 
        meaning prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(7) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State, district, 
        commonwealth, territory or possession of the United States.''.
        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding 
at the end the following new subsections:
    ``(o) `Convention on the Marking of Plastic Explosives' means the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.
    ``(p) `Detection agent' means any one of the substances specified 
in this subsection when introduced into a plastic explosive or 
formulated in such explosive as a part of the manufacturing process in 
such a manner as to achieve homogeneous distribution in the finished 
explosive, including--
            ``(1) Ethylene glycol dinitrate (EGDN), 
        C<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-<SUP>4 Pa at a 
temperature of 25 deg.C., is formulated with a binder material, and is 
as a mixture malleable or flexible at normal room temperature.''.

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

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive which does not contain a detection agent.
    ``(m)(1) it shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive which does not contain a detection agent.
    ``(2) During the 15-year period that begins with the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States, paragraph (1) shall not apply to the 
importation or bringing into the United States, or the exportation from 
the United States, of any plastic explosive which was imported, brought 
into, or manufactured in the United States before the effective date of 
this subsection by or on behalf of any agency of the United States 
performing military or police functions (including any military Reserve 
component) or by or on behalf of the National Guard of any State.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2)(A) During the 3-year period that begins on the effective date 
of this subsection, paragraph (1) shall not apply to the shipment, 
transportation, transfer, receipt, or possession of any plastic 
explosive, which was imported, brought into, or manufactured in the 
United States before such effective date by any person.
    ``(B) During the 15-year period that begins on the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States, paragraph (1) shall not apply to the 
shipment, transportation, transfer, receipt, or possession of any 
plastic explosive, which was imported, brought into, or manufactured in 
the United States before the effective date of this subsection by or on 
behalf of any agency of the United States performing a military or 
police function (including any military reserve component) or by or on 
behalf of the National Guard of any State.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
effective date of this subsection, to fail to report to the Secretary 
within 120 days after the effective date of this subsection the 
quantity of such explosives possessed, the manufacturer or importer, 
any marks of identification on such explosives, and such other 
information as the Secretary may by regulations prescribe.''.
SEC. 503. CRIMINAL SANCTIONS.

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

SEC. 504. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``(l), (m), (n), or (o) 
        of section 842 and subsections'' after ``subsections'';
            (2) in subsection (a)(1), by inserting ``and which pertains 
        to safety'' before the semicolon; and
            (3) by adding at the end the following:
    ``(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 have exclusive authority to conduct 
        investigations with respect to violations of subsection (m) or 
        (n) of section 842 to the extent such violations appear to be 
        terrorism (as defined in section 2331 of this title. Upon 
        request, the Secretary may assist the Attorney General in such 
        investigations.''.

SEC. 506. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after 
the date of the enactment of this Act.
                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

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

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
                            to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.
        and
            (2) by adding at the end the following new title:
       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

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

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

    ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that the four associate judges first so designated shall be 
designated for terms of one, two, three, and four years so that the 
term of one judge shall expire each year.
    ``(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 section 506 in 
        accordance with (and subject to the penalties under) this 
        title.

       ``application for initiation of special removal proceeding

    ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing of a written 
application described in subsection (b) with the special removal court 
seeking an order authorizing a special removal proceeding under this 
title. The application shall be submitted in camera and ex parte and 
shall be filed under seal with the court.
    ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
            ``(1) The identity of the Department of Justice attorney 
        making the application.
            ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
            ``(3) The identity of the alien for whom authorization for 
        the special removal proceedings is sought.
            ``(4) A statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the deportation of 
                aliens would pose a risk to the national security of 
                the United States.
            ``(5) An oath or affirmation respecting each of facts and 
        statements described in the previous paragraphs.
    ``(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 
        section 505(e).
            ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                    ``(A) Asylum under section 208.
                    ``(B) Withholding of deportation under section 
                243(h).
                    ``(C) Suspension of deportation under section 
                244(a) or 244(e).
                    ``(D) Adjustment of status under section 245.
                    ``(E) Registry under section 249.
    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        for from funds appropriated for the enforcement of title II.
            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
            ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
    ``(e) Introduction of Classified Information.--
            ``(1) In general.--When classified information has been 
        summarized pursuant to section 506(b) or where a finding has 
        been made under section 506(b)(5) that no summary is possible, 
        classified information shall be introduced (either in writing 
        or through testimony) in camera and ex parte and neither the 
        alien nor the public shall be informed of such evidence or its 
        sources other than through reference to the summary provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and, 
        in the case of classified information, after coordination with 
        the originating agency, elect to introduce such evidence in 
        open session.
            ``(2) Treatment of electronic surveillance information.--
                    ``(A) Use of electronic surveillance.--The 
                Government is authorized to use in a special removal 
                proceedings the fruits of electronic surveillance and 
                unconsented physical searches authorized under the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) without regard to subsections (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 and
 for the alien shall be given fair opportunity to present argument as 
to whether the evidence is sufficient to justify the removal of the 
alien. The attorney for the Department of Justice shall open the 
argument. The attorney for the alien shall be permitted to reply. The 
attorney for the Department of Justice shall then be permitted to reply 
in rebuttal. The judge may allow any part of the argument that refers 
to evidence received in camera and ex parte to be heard in camera and 
ex parte.
    ``(h) Burden of Proof.--In the hearing the Department of Justice 
has the burden of showing by clear and convincing evidence that the 
alien is subject to removal because the alien is an alien terrorist. If 
the judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
    ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.

               ``consideration of classified information

    ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case 
in which the application for the order authorizing the special 
procedures of this title is approved, the judge who granted the order 
shall consider each item of classified information the Department of 
Justice proposes to introduce in camera and ex parte at the special 
removal hearing and shall order the introduction of such information 
pursuant to section 505(e) if the judge determines the information to 
be relevant.
    ``(b) Preparation and Provision of Written Summary.--
            ``(1) Preparation.--The Department of Justice shall prepare 
        a written summary of such classified information which does not 
        pose a risk to national security.
            ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                    ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                    ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
            ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
            ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                    ``(A) In general.--If, subsequent to the 
                opportunity described in paragraph (3), the judge does 
                not approve the summary, the judge shall terminate the 
                special removal hearing unless the judge makes the 
                findings described in subparagraph (B).
                    ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                            ``(i) the continued presence of the alien 
                        in the United States, and
                            ``(ii) the provision of the required 
                        summary,
                would likely cause serious and irreparable harm to the 
                national security or death or serious bodily injury to 
                any person.
            ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                    ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (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 by 
Special Attorneys in Case of Lawful Permanent Aliens.--
            ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney to assist the 
        alien--
                    ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                    ``(B) by challenging through an in camera 
                proceeding the veracity of the evidence contained in 
                the classified information.
            ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                    ``(A) shall not disclosure the information to the 
                alien or to any other attorney representing the alien, 
                and
                    ``(B) who discloses such information in violation 
                of subparagraph (A) shall be subject to a fine under 
                title 18, United States Code, imprisoned for not less 
                than 10 years or more than 25 years, or both.

                               ``appeals

    ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days. In such a case the entire record of the proceeding 
shall be transmitted to the Court of Appeals under seal and the Court 
of Appeals shall hear the matter ex parte. In such a case the Court of 
Appeals shall review questions of law de novo, but a prior finding on 
any question of fact shall not be set aside unless such finding was 
clearly erroneous.
    ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
            ``(1) any determination by the judge pursuant to section 
        506(a)--
                    ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                    ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
            ``(2) the refusal of the court to make the findings 
        permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
    ``(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 the procedures 
                of section 506(c) apply, any order issued by the judge 
                shall be reviewed by the Court of Appeals for the 
                District of Columbia Circuit.
                    ``(B) Use of special attorney.--If any issue 
                relating to classified information arises in such 
                review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
    ``(d) General Provisions Relating to 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, during which time the order for which the 
        appeal is sought shall not be executed.
            ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (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) De novo 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)(D) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.

                        ``detention and custody

    ``Sec. 508. (a) Initial Custody.--
            ``(1) Upon filing application.--Subject to paragraph (2), 
        the Attorney General may take into custody any alien with 
        respect to whom an application under section 503 has been filed 
        and, notwithstanding any other provision of law, may retain 
        such an alien in custody in accordance with the procedures 
        authorized by this title.
            ``(2) Special rules for permanent resident aliens.--An 
        alien lawfully admitted for permanent residence shall be 
        entitled to a release hearing before the judge assigned to hear 
        the special removal hearing. Such an alien shall be detained 
        pending the special removal hearing, unless the alien 
        demonstrates to the court that--
                    ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                    ``(B) the alien's release will not endanger 
                national security or the safety of any person or the 
                community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
            ``(3) Release if denial of order and no review sought.--
                    ``(A) In general.--If a judge of the special 
                removal court denies the order sought in an application 
                with respect to an alien and the Department of Justice 
                does not seek review of such denial, subject to 
                subparagraph (B), the alien shall be released from 
                custody.
                    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
    ``(b) Conditional Release If Denial of Order and Review Sought.--
            ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(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 the order, the alien shall 
                remain in custody, subject to the provisions of section 
                3142 of title 18, United States Code.
            ``(2) Custody and removal.--
                    ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody or, if the 
                alien was released pursuant to paragraph (1)(A), shall 
                take the alien into custody and remove the alien to a 
                country specified under subparagraph (B).
                    ``(B) Removal.--
                            ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                            ``(ii) Alternate countries.--If the alien 
                        refuses to choose a country to which the alien 
                        wishes to be transported, or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so selected would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be transported to any 
                        country willing to receive such alien.
                    ``(C) Continued detention.--If no country is 
                willing to receive such an alien, the Attorney General 
                may, notwithstanding any other provision of law, retain 
                the alien in custody. The Attorney General, in 
                coordination with the Secretary of State, shall make 
                periodic efforts to reach agreement with other 
                countries to accept such an alien and at least every 6 
                months shall provide to the attorney representing the 
                alien at the special removal hearing alien a written 
                report on the Attorney General's efforts. Any alien in 
                custody pursuant to this subparagraph shall be released 
                from custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                    ``(D) Fingerprinting.--Before an alien is 
                transported out of the United States pursuant to this 
                subsection, or pursuant to an order of exclusion 
                because such alien is excludable under section 
                212(a)(3)(B), the alien shall be photographed and 
                fingerprinted, and shall be advised of the provisions 
                of subsection 276(b).
    ``(d) Continued Detention Pending Trial.--
            ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (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.--For purposes of section 
751 and 752 of title 18, United States Code, an alien in the custody of 
the Attorney General pursuant to this title shall be subject to the 
penalties provided by those sections in relation to a person committed 
to the custody of the Attorney General by virtue of an arrest on a 
charge of felony.
    ``(f) Rights of Aliens in Custody.--
            ``(1) Family and attorney visits.--An alien in the custody 
        of the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
            ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
    (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Subsection 106(b) of the Immigration and Nationality Act (8 U.S.C. 
1105a(b)) is amended by adding at the end the following sentence: 
``Jurisdiction to review an order entered pursuant to the provisions of 
section 235(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 subsection 235(c) because the alien was excludable under 
        subsection 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
    (d) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
of such Act (8 U.S.C. 1105a(a)) is amended--
            (1) by adding ``and'' at the end of paragraph (8),
            (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
            (3) by striking paragraph (10).
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

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

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

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

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

    (a) In General.--Section 212(a)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I),
                    (B) in subclause (II), by inserting ``engaged in 
                or'' after ``believe,'', and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) is a representative of a 
                                terrorist organization, or
                                    ``(IV) is a member of a terrorist 
                                organization,''; and
            (2) by adding at the end the following:
                            ``(iv) Terrorist organization defined.--
                                    ``(I) Designation by president.--
                                For purposes of this Act, the term 
                                `terrorist organization' means a 
                                foreign organization designated in the 
                                Federal Register as a terrorist 
                                organization by the President based 
                                upon a finding that the organization 
                                engages in, or has engaged in, 
                                terrorist activity that threatens the 
                                national security of the United States.
                                    ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the President shall notify the 
                                Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the President's findings and basis 
                                for designation.
                                    ``(III) Congressional removal 
                                authority.--The Congress reserves the 
                                authority to remove, by law, the 
                                designation of an organization as a 
                                terrorist organization for purposes of 
                                this Act.
                                    ``(IV) Sunset.--Subject to 
                                subclause (III), the designation under 
                                this clause of an organization as a 
                                terrorist organization shall be 
                                effective for a period of 2 years from 
                                the date of the initial publication of 
                                the terrorist organization designation 
                                by the President. At the end of such 
                                period (but no sooner than 60 days 
                                prior to the termination of the 2-year-
                                designation period), the President may 
                                redesignate the organization in 
                                conformity with the requirements of 
                                this clause for designation of the 
                                organization.
                                    ``(V) Presidential removal 
                                authority.--The President may remove 
                                the terrorist organization designation 
                                from any organization previously 
                                designated as such an organization, at 
                                any time, so long as the President 
                                publishes notice of the removal in the 
                                Federal Register. The President is not 
                                required to report to Congress prior to 
                                taking such an action.
                            ``(v) Representative defined.--In this 
                        subparagraph, the term `representative' 
                        includes an officer, official, or spokesman of 
                        the organization and any person who directs, 
                        counsels, commands or induces the organization 
                        or its members to engage in terrorist activity. 
                        The determination by the Secretary of State or 
                        the Attorney General that an alien is a 
                        representative of a terrorist organization 
                        shall be controlling and shall not be subject 
                        to review by any court.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

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

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

    (a) Withholding of Deportation.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (D), an alien who is described in section 241(a)(4)(B) 
shall be considered to be an alien with respect to whom there are 
reasonable grounds for regarding as a danger to the security of the 
United States.''.
    (b) Suspension of Deportation.--Section 244(a) of such Act (8 
U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and 
inserting ``subparagraph (B) or (D) of section 241(a)(4)''.
    (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:
    ``(d)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of section 
235(b)(1). Regardless of the nature of the action or claim, or the 
party or parties bringing the action, no court shall have jurisdiction 
or authority to enter declaratory, injunctive, or other equitable 
relief not specifically authorized in this subsection nor to certify a 
class under Rule 23 of the Federal Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that the petitioner's claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially excluded 
        under section 235(b)(1)(A); and
            ``(C) whether the petitioner can prove by a preponderance 
        of the evidence that the petitioner is an alien lawfully 
        admitted for permanent residence and is entitled to such review 
        as is provided by the Attorney General pursuant to section 
        235(b)(1)(E)(i).
    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in 
accordance with section 235(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 sections 275 and 276, no 
court shall have jurisdiction to hear claims collaterally attacking the 
validity of orders of exclusion, special exclusion, or deportation 
entered under this section or sections 236 and 242.''.

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

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

                     PART 1--IMMIGRATION PROCEDURES
SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.

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

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

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

        PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

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

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

SEC. 642. SUBPOENAS FOR BANK RECORDS.

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

SEC. 643. EFFECTIVE DATE.

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

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

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

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

    The Communications Assistance for Law Enforcement Act is amended by 
adding at the end the following:

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

``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

    ``(a) Imposition.--Notwithstanding any other provision of law, and 
subject to section 402(c), 40 percent of the principal amount of a 
civil monetary penalty assessed by the United States or an agency 
thereof shall be added to the fund established in section 402.
    ``(b) Effective Dates.--(1) Subsection (a) shall apply with respect 
to all civil monetary penalties assessed on or after October 1, 1995, 
or the date of enactment of this title, whichever is later.
    ``(2) The application of subsection (a) shall terminate on October 
1, 1998.
    ``(d) Limitation.--This section does not apply to any civil 
monetary penalty assessed under the Internal Revenue Code of 1986.

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

    ``(a) Establishment of Fund.--There is hereby established in the 
United States Treasury a fund to be known as the Department of Justice 
Telecommunications Carrier Compliance Fund (hereinafter in this section 
referred to as the `Fund'), which shall be available to the Attorney 
General to the extent and in the amounts authorized by subsection (c) 
to make payments to telecommunications carriers, as authorized by 
section 109 of the Communications Assistance for Law Enforcement Act.
    ``(b) Offsetting Collections.--Notwithstanding section 3302 of 
title 31, United States Code, the Attorney General may credit amounts 
added pursuant to section 401 of this title to the Fund as offsetting 
collections.
    ``(c) Requirements for Appropriations Offset.--(1) Amounts may be 
added pursuant to section 401 only to the extent and in the amounts 
provided for in advance in appropriations Acts.
    ``(2)(A) Collections credited to the Fund are authorized to be 
appropriated in such amounts as may be necessary, but not to exceed 
$100,000,000 in fiscal year 1996, $305,000,000 in fiscal year 1997, and 
$80,000,000 in fiscal year 1998.
    ``(B) Amounts described in subparagraph (A) are authorized to be 
appropriated without fiscal year limitation.
    ``(d) Termination.--(1) The Attorney General may terminate the Fund 
at such time as the Attorney General determines that the Fund is no 
longer necessary, but no later than the end of fiscal year 2000.
    ``(2) Any balance in the Fund at the time of its termination shall 
be deposited in the general fund of the Treasury.
    ``(3) A decision of the Attorney General to terminate the Fund 
shall not be subject to judicial review.

``SEC. 403. DEFINITIONS.

    ``For purposes of this title, the terms `agency' and `civil 
monetary penalty' have the meanings given to them by section 3 of the 
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
2461 note).''.
                                 <all>
HR 1710 IH--2
HR 1710 IH--3
HR 1710 IH--4
HR 1710 IH--5
HR 1710 IH--6
HR 1710 IH--7
HR 1710 IH--8
HR 1710 IH--9