[Congressional Record (Bound Edition), Volume 147 (2001), Part 16]
[Senate]
[Page 22075]
[From the U.S. Government Publishing Office, www.gpo.gov]



                           TEXT OF AMENDMENTS

  SA 2114. Mr. SMITH of New Hampshire proposed an amendment to the bill 
S. 1428, to authorize appropriations for fiscal year 2002 for 
intelligence and intelligence-related activities of the United States 
Government, the Community Management Account of the Director of Central 
Intelligence, and the Central Intelligence Agency Retirement and 
Disability System, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:

     SEC. __. ALIEN TERRORIST REMOVAL ACT OF 2001

       (a) Short Title.--This section may be cited as the 
     ``Alien Terrorist Removal Act of 2001''.
       (b) Findings.--Congress makes the following findings:
       (1) In 1993, international terrorists targeted and bombed 
     the World Trade Center in New York City.
       (2) In 1996, Congress enacted the Antiterrorism and 
     Effective Death Penalty Act, which established the Alien 
     Terrorist Removal Court for the purpose of removing alien 
     terrorists from the United States based on classified 
     information.
       (3) On May 28, 1997, the Court adopted ``Rules for the 
     Alien Terrorist Removal Court of the United States'' which 
     was later amended on January 4, 1999.
       (4) The Court is comprised of 5 United States District 
     Judges who are designated by the Chief Justice of the United 
     States to hear cases in which the United States seeks the 
     removal of alien terrorists.
       (5) On September 11, 2001, terrorists hijacked 4 civilian 
     aircraft, crashing 2 of the aircraft into the towers of the 
     World Trade Center in the New York City, and a third into the 
     Pentagon outside Washington, D.C.
       (6) Thousands of innocent Americans and citizens of other 
     countries were killed or injured as a result of these 
     attacks, including the passengers and crew of the 4 aircraft, 
     workers in the World Trade center and in the Pentagon, rescue 
     worker, and bystanders.
       (7) These attacks destroyed both towers of the World Trade 
     Center, as well as adjacent buildings, and seriously damaged 
     the Pentagon.
       (8) These attacks were by fair the deadliest terrorist 
     attacks ever launched against the United States and, by 
     targeting symbols of America, clearly were intended to 
     intimidate our Nation and weaken its resolve.
       (9) As of September 11, 2001, the United States had not 
     brought any cases before the Alien Terrorist Removal Court.
       (10) The Court has never been used because the United 
     States is required to submit for judicial approval an 
     unclassified summary of the classified evidence against the 
     alien. If too general, this summary will be disapproved by 
     the Judge. If too specific, this summary will compromise the 
     underlying classified information.
       (11) The notice provisions of the Alien Terrorist Removal 
     Court should be modified to remove the barrier to the Justice 
     Department's effective use of the Court.
       (c) Alien Terrorist Removal Hearing.--Section 504(e)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1534(e)(3)) is 
     amended--
       (1) by striking ``(A) Use.--''.
       (2) by striking ``other than through reference to the 
     summary provided pursuant to this paragraph''; and
       (3) by striking subparagraphs (B) through (F).
       (d) Reports to Congress.--Beginning 6 months after the date 
     of enactment of this Act, and every 6 months thereafter, the 
     Attorney General shall submit a report to Congress on the 
     utilization of the Alien Terrorist Removal Court for the 
     purposes of removing alien terrorists from the United States 
     through the use of classified information.
                                  ____

  SA 2115. Mr. GRAHAM proposed an amendment to amendment SA 2114 
submitted by Mr. Smith, of NH and intended to be proposed to the bill 
(S. 1428) to authorize appropriations for fiscal year 2002 for 
intelligence and intelligence-related activities of the United States 
Government, the Community Management Account of the Director of Central 
Intelligence, and the Central Intelligence Agency Retirement and 
Disability System, and for other purposes; as follows:

       Strike all after the word ``sec'' and insert the following:
       Section 504 of the Immigration and Nationality Act (8 
     U.S.C. 1534) is amended by adding the following subsection 
     after subsection (k):
       ``(L) No later than 3 months from the date of enactment of 
     this act, the Attorney General shall submit a report to 
     Congress concerning the effect and efficacy of Alien 
     Terrorist Removal proceedings, including the reasons why 
     proceedings pursuant to this section have not been used by 
     the Attorney General in the past, and the effect on the use 
     of these proceedings after the enactment of the U.S.A. 
     PATRIOT Act of 2001.
                                  ____

  SA 2116. Mr. GRAHAM proposed an amendment to the bill S. 1428, to 
authorize appropriations for fiscal year 2002 for intelligence and 
intelligence-related activities of the United States Government, the 
Community Management Account of the Director of Central Intelligence, 
and the Central Intelligence Agency Retirement and Disability System, 
and for other purposes; as follows:

       Insert at the appropriate place in the bill:
       The DCI shall provide, prior to conference, any technical 
     modifications to existing legal authorities needed to 
     facilitate Intelligence Community counterterrorism efforts.

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