[House Report 104-383]
[From the U.S. Government Publishing Office]



                                                                       
104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 1st Session                                                    104-383
_______________________________________________________________________


 
                COMPREHENSIVE ANTITERRORISM ACT OF 1995

_______________________________________________________________________


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

                                _______


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

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 1710]

      [Including cost estimate of the Congressional Budget Office]

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

                                CONTENTS

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

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

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

                         TITLE I--NEW OFFENSES

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

                     TITLE II--INCREASED PENALTIES

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

                     TITLE III--INVESTIGATIVE TOOLS

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

                      TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

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

                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

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

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

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

                    Subtitle B--Expedited Exclusion

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

            Subtitle C--Improved Information and Processing

                     Part 1--Immigration Procedures

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

        Part 2--Asset Forfeiture for Passport and Visa Offenses

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

    Subtitle D--Employee Verification by Security Services Companies

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

                  TITLE VII--AUTHORIZATION AND FUNDING

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

                       TITLE VIII--MISCELLANEOUS

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

                         TITLE I--NEW OFFENSES

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

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

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

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

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

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

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

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

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

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

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

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

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

SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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

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

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

                     TITLE II--INCREASED PENALTIES

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

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

``Sec. 3295. Arson offenses

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

``3295. Arson offenses.''.

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

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

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

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

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

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

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

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

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

SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

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

                     TITLE III--INVESTIGATIVE TOOLS

SEC. 301. INTERCEPTIONS OF COMMUNICATIONS.

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

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

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

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

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

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

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

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

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

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

                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS

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

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

  ``(a)(1) A court or magistrate judge may issue an order ex parte, 
upon application by the Director of the Federal Bureau of Investigation 
(or the Director's designee, whose rank shall be no lower than 
Assistant Special Agent in Charge), directing any common carrier, 
public accommodation facility, physical storage facility, or vehicle 
rental facility to furnish any records in its possession to the Federal 
Bureau of Investigation. The court or magistrate judge shall issue the 
order if the court or magistrate judge finds that--
          ``(A) such records are necessary for counterterrorism or 
        foreign counterintelligence purposes; and
          ``(B) there are specific and articulable facts giving reason 
        to believe that the person to whom the records pertain is--
                  ``(i) a foreign power; or
                  ``(ii) an agent of a foreign power and is engaging or 
                has engaged in international terrorism (as that term is 
                defined in section 101(c) of the Foreign Intelligence 
                Surveillance Act of 1978) or clandestine intelligence 
                activities that involve or may involve a violation of 
                criminal statutes of the United States.
  ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
  ``(b) No common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility, or any officer, employee, 
or agent of such common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, shall disclose 
to any person, other than those officers, agents, or employees of the 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility necessary to fulfill the 
requirement to disclose the information to the Federal Bureau of 
Investigation under this section.
  ``(c)(1) The Federal Bureau of Investigation may not disseminate 
information obtained pursuant to this section outside the Federal 
Bureau of Investigation, except--
          ``(A) to the Department of Justice or any other law 
        enforcement agency, as may be necessary for the approval or 
        conduct of a foreign counterintelligence investigation; or
          ``(B) where the information concerns a person subject to the 
        Uniform Code of Military Justice, to appropriate investigative 
        authorities within the military department concerned as may be 
        necessary for the conduct of a joint foreign 
        counterintelligence investigation.
  ``(2) Any agency or department of the United States obtaining or 
disclosing any information in violation of this paragraph shall be 
liable to any person harmed by the violation in an amount equal to the 
sum of--
          ``(A) $100 without regard to the volume of information 
        involved;
          ``(B) any actual damages sustained by the person harmed as a 
        result of the violation;
          ``(C) if the violation is willful or intentional, such 
        punitive damages as a court may allow; and
          ``(D) in the case of any successful action to enforce 
        liability under this paragraph, the costs of the action, 
        together with reasonable attorney fees, as determined by the 
        court.
  ``(d) If a court determines that any agency or department of the 
United States has violated any provision of this section and the court 
finds that the circumstances surrounding the violation raise questions 
of whether or not an officer or employee of the agency or department 
acted willfully or intentionally with respect to the violation, the 
agency or department shall promptly initiate a proceeding to determine 
whether or not disciplinary action is warranted against the officer or 
employee who was responsible for the violation.
  ``(e) As used in this section--
          ``(1) the term `common carrier' means a locomotive, rail 
        carrier, bus carrying passengers, water common carrier, air 
        common carrier, or private commercial interstate carrier for 
        the delivery of packages and other objects;
          ``(2) the term `public accommodation facility' means any inn, 
        hotel, motel, or other establishment that provides lodging to 
        transient guests;
          ``(3) the term `physical storage facility' means any business 
        or entity that provides space for the storage of goods or 
        materials, or services related to the storage of goods or 
        materials, to the public or any segment thereof; and
          ``(4) the term `vehicle rental facility' means any person or 
        entity that provides vehicles for rent, lease, loan, or other 
        similar use, to the public or any segment thereof.''.
  (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 121 the following new item:

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

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

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

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

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

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

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

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

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

SEC. 309. REQUIREMENTS FOR MULTIPOINT WIRETAPS.

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

SEC. 310. ACCESS TO TELEPHONE BILLING RECORDS.

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

SEC. 311. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

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

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

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

SEC. 313. DETENTION HEARING.

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

SEC. 314. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

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

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

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

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

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

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

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

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

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

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

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

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

  Section 841 of title 18, United States Code, is amended by adding at 
the end the following:
          ``(o) `Convention on the Marking of Plastic Explosives' means 
        the Convention on the Marking of Plastic Explosives for the 
        Purpose of Detection, Done at Montreal on 1 March 1991.
          ``(p) `Detection agent' means any one of the substances 
        specified in this subsection when introduced into a plastic 
        explosive or formulated in such explosive as a part of the 
        manufacturing process in such a manner as to achieve 
        homogeneous distribution in the finished explosive, including--
                  ``(1) Ethylene glycol dinitrate (EGDN), 
                C2H4(NO3)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), 
                C6H12(NO2)2, molecular weight 176, 
                when the minimum concentration in the finished 
                explosive is 0.1 percent by mass;
                  ``(3) Para-Mononitrotoluene (p-MNT), 
                C7H7NO2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass;
                  ``(4) Ortho-Mononitrotoluene (o-MNT), 
                C7H7NO2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass; and
                  ``(5) any other substance in the concentration 
                specified by the Secretary, after consultation with the 
                Secretary of State and the Secretary of Defense, which 
                has been added to the table in part 2 of the Technical 
                Annex to the Convention on the Marking of Plastic 
                Explosives.
          ``(q) `Plastic explosive' means an explosive material in 
        flexible or elastic sheet form formulated with one or more high 
        explosives which in their pure form have a vapor pressure less 
        than 10-4 Pa at a temperature of 25+C., is formulated with 
        a binder material, and is as a mixture malleable or flexible at 
        normal room temperature.''.

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

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

SEC. 503. CRIMINAL SANCTIONS.

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

SEC. 504. EXCEPTIONS.

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

SEC. 505. INVESTIGATIVE AUTHORITY.

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

SEC. 506. EFFECTIVE DATE.

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

                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

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

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

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

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

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

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

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

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

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

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

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

SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

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

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

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

                    Subtitle B--Expedited Exclusion

SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

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

SEC. 622. JUDICIAL REVIEW.

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

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

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

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

            Subtitle C--Improved Information and Processing

                     PART 1--IMMIGRATION PROCEDURES

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

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

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

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

        PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

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

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

SEC. 642. SUBPOENAS FOR BANK RECORDS.

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

SEC. 643. EFFECTIVE DATE.

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

    Subtitle D--Employee Verification by Security Services Companies

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

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

                  TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

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

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

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

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

``SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

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

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

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

``SEC. 403. DEFINITIONS.

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

SEC. 703. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

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

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

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

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

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

                       TITLE VIII--MISCELLANEOUS

SEC. 801. MACHINE READABLE VISAS AND PASSPORTS.

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

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

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

SEC. 803. COMPENSATION OF VICTIMS OF TERRORISM.

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

SEC. 804. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

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

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

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

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

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

                          Purpose and Summary

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

                Background and Need for the Legislation

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

                    terrorist fundraising activities

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

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

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

                       expanded wiretap authority

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

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

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

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

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

             immigration related reforms to deter terrorism

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

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

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

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

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

                                Taggants

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

                       Marking Plastic Explosives

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

             Amending the Foreign Sovereign Immunities Act

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

            Deterring the Terrorist Use of Nuclear Materials

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

                History of the Legislation and Hearings

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

                        Committee Consideration

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

                         Vote of the Committee

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

                             June 14, 1995

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

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

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

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

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

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

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

                             june 15, 1995

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

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

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

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

                             june 16, 1995

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

                             june 20, 1995

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

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

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

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

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

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

                      Committee Oversight Findings

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

         Committee on Government Reform and Oversight Findings

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

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

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

               CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

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

                                           TABLE 1.--SUMMARY OF COSTS                                           
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                              1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
                                    SPENDING SUBJECT TO APPROPRIATIONS ACTION                                   
                                                                                                                
Authorizations:                                                                                                 
    Estimated authorization level........................        186        227        195        115        115
    Estimated outlays....................................        145        219        202        123        115
                                                                                                                
                                         MANDATORY SPENDING AND RECEIPTS                                        
                                                                                                                
Direct spending:                                                                                                
    Estimated budget authority...........................        -56       -112       -112      (\1\)      (\1\)
    Estimated outlays....................................        -68       -118       -101          3          1
Estimated revenues.......................................      (\1\)      (\1\)      (\1\)      (\1\)      (\1\)
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

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

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

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

                                     TABLE 3.--RECEIPTS AND DIRECT SPENDING                                     
                                    [By fiscal years, in millions of dollars]                                   
----------------------------------------------------------------------------------------------------------------
                                                              1996       1997       1998       1999       2000  
----------------------------------------------------------------------------------------------------------------
                         REVENUES                                                                               
                                                                                                                
New Criminal Fees and Forfeiture.........................      (\1\)      (\1\)      (\1\)      (\1\)      (\1\)
                                                                                                                
                   OFFSETTING RECEIPTS                                                                          
                                                                                                                
Department of State Fees:                                                                                       
    Estimated budget authority...........................        -80        -92          0          0          0
    Estimated outlays....................................        -80        -92          0          0          0
Surcharge in Civil Penalties:                                                                                   
    Estimated budget authority...........................        -56       -112       -112          0          0
    Estimated outlays....................................        -56       -112       -112          0          0
      Total:                                                                                                    
          Estimated budget authority.....................       -136       -204       -112          0          0
          Estimated outlays..............................       -136       -204       -112          0          0
                                                                                                                
                     DIRECT SPENDING                                                                            
                                                                                                                
Department of State Fees:                                                                                       
    Estimated budget authority...........................         80         92          0          0          0
    Estimated outlays....................................         68         86         11          3          1
New Criminal Fees and Forfeiture:                                                                               
    Estimated budget authority...........................      (\1\)      (\1\)      (\1\)      (\1\)      (\1\)
    Estimated outlays....................................      (\1\)      (\1\)      (\1\)      (\1\)      (\1\)
      Total Direct Spending:                                                                                    
          Estimated budget authority.....................         80         92      (\1\)      (\1\)      (\1\)
          Estimated outlays..............................         68         86         11          3         1 
----------------------------------------------------------------------------------------------------------------
\1\ Less than $500,000.                                                                                         

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

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

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

                     Inflationary Impact Statement

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

                      Section-by-Section Analysis

Sec. 1. Short title

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

Sec. 2. Table of contents

                         TITLE I--NEW OFFENSES

Sec. 101. Protection of Federal employees

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

Sec. 102. Prohibiting material support to terrorist organizations

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

Sec. 103. Modification of material support provision

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

Sec. 104. Acts of terrorism transcending national boundaries

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

Sec. 105. Conspiracy to harm people and property overseas

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

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

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

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

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

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

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

Sec. 109. Expansion of Federal jurisdiction over bomb threats

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

Sec. 110. Clarification of maritime violence jurisdiction

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

Sec. 111. Possession of stolen explosives prohibited

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

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

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

                     TITLE II--INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses

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

Sec. 202. Increased penalty for explosive conspiracies

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

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

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

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

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

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

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

Sec. 206. Directions to Sentencing Commission

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

                     TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Interceptions of communications

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 309. Requirements for multipoint wiretaps

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

Sec. 310. Access to telephone billing records

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

Sec. 311. Requirement to preserve record evidence

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

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

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

Sec. 313. Detention hearing

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

Sec. 314. Reward authority of the Attorney General

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

Sec. 315. Definition of terrorism

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

                      TITLE IV--NUCLEAR MATERIALS

 Sec. 401. Expansion of nuclear materials prohibitions

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

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

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

Sec. 501. Definitions

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

Sec. 502. Requirement of detection agents for plastic explosives

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

Sec. 503. Criminal sanctions

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

Sec. 504. Exceptions

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

Sec. 505. Investigative authority

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

Sec. 506. Effective date

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

                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

Sec. 601. Removal procedures for alien terrorists

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

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

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

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

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

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

Sec. 612. Denial of asylum to alien terrorists

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

Sec. 613. Denial of other relief for alien terrorists

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

                    Subtitle B--Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers

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

Sec. 622. Judicial review

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

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

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

            Subtitle C--Improved Information and Processing

                     Part 1--Immigration Procedures

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

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

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

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

        Part 2--Asset Forfeiture for Passport and Visa Offenses

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

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

Sec. 642. Subpoenas for bank records

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

Sec. 643. Effective date

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

    Subtitle D--Employee Verification by Security Services Companies

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

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

                  TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Authorization of appropriations

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

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

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

Sec. 703. Firefighter and emergency services training

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

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

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

Sec. 705. Research and development to support counterterrorism 
        technologies

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

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Machine readable visas and passports

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

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

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

Sec. 803. Compensation of victims of terrorism

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

Sec. 804. Jurisdiction for lawsuits against terrorist states

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

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

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

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

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

         Changes in Existing Law Made by the Bill, as Reported

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

                      TITLE 18, UNITED STATES CODE

          * * * * * * *

                             PART I--CRIMES

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

                 CHAPTER 2--AIRCRAFT AND MOTOR VEHICLES

          * * * * * * *

Sec. 32. Destruction of aircraft or aircraft facilities

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

Sec. 37. Violence at international airports

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

                            CHAPTER 5--ARSON

          * * * * * * *

Sec. 81. Arson within special maritime and territorial jurisdiction

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

                           CHAPTER 7--ASSAULT

          * * * * * * *

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

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

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

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

                     CHAPTER 10--BIOLOGICAL WEAPONS

          * * * * * * *

Sec. 175. Prohibitions with respect to biological weapons

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

Sec. 178. Definitions

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

          CHAPTER 39--EXPLOSIVES AND OTHER DANGEROUS ARTICLES

          * * * * * * *

Sec. 831. Prohibited transactions involving nuclear materials

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

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

          * * * * * * *

Sec. 841. Definitions

  As used in this chapter--
          (a) * * *
          * * * * * * *
          (o) ``Convention on the Marking of Plastic 
        Explosives'' means the Convention on the Marking of 
        Plastic Explosives for the Purpose of Detection, Done 
        at Montreal on 1 March 1991.
          (p) ``Detection agent'' means any one of the 
        substances specified in this subsection when introduced 
        into a plastic explosive or formulated in such 
        explosive as a part of the manufacturing process in 
        such a manner as to achieve homogeneous distribution in 
        the finished explosive, including--
                  (1) Ethylene glycol dinitrate (EGDN), 
                C2H4(NO3)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), 
                C6H12(NO2)2, molecular 
                weight 176, when the minimum concentration in 
                the finished explosive is 0.1 percent by mass;
                  (3) Para-Mononitrotoluene (p-MNT), 
                C7H7NO2, molecular weight 137, 
                when the minimum concentration in the finished 
                explosive is 0.5 percent by mass;
                  (4) Ortho-Mononitrotoluene (o-MNT), 
                C7H7NO2, molecular weight 137, 
                when the minimum concentration in the finished 
                explosive is 0.5 percent by mass; and
                  (5) any other substance in the concentration 
                specified by the Secretary, after consultation 
                with the Secretary of State and the Secretary 
                of Defense, which has been added to the table 
                in part 2 of the Technical Annex to the 
                Convention on the Marking of Plastic 
                Explosives.
          (q) ``Plastic explosive'' means an explosive material 
        in flexible or elastic sheet form formulated with one 
        or more high explosives which in their pure form have a 
        vapor pressure less than 10-4 Pa at a temperature 
        of 25+C., is formulated with a binder material, and is 
        as a mixture malleable or flexible at normal room 
        temperature.

Sec. 842. Unlawful acts

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

Sec. 844. Penalties

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

Sec. 845. Exceptions; relief from disabilities

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

Sec. 846. Additional powers of the Secretary

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

                   CHAPTER 41--EXTORTION AND THREATS

          * * * * * * *

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

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

                          CHAPTER 44--FIREARMS

          * * * * * * *

Sec. 924. Penalties

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

                     CHAPTER 45--FOREIGN RELATIONS

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

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

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

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

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

                         CHAPTER 46--FORFEITURE

          * * * * * * *

Sec. 982. Criminal forfeiture

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

Sec. 986. Subpoenas for bank records

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

                          CHAPTER 51--HOMICIDE

          * * * * * * *

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

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

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

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

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

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

                         CHAPTER 55--KIDNAPPING

          * * * * * * *

Sec. 1201. Kidnapping

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

Sec. 1203. Hostage taking

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

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

          * * * * * * *

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

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

                        CHAPTER 95--RACKETEERING

          * * * * * * *

Sec. 1956. Laundering of monetary instruments

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

                         CHAPTER 111--SHIPPING

          * * * * * * *

Sec. 2280. Violence against maritime navigation

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

Sec. 2281. Violence against maritime fixed platforms

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

                        CHAPTER 113B--TERRORISM

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

Sec. 2331. Definitions

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

Sec. 2332a. Use of weapons of mass destruction

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

Sec. 2332b. Acts of terrorism transcending national boundaries

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

[Sec. 2339A. Providing material support to terrorists

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

Sec. 2339A. Providing material support to terrorists

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

Sec. 2339B. Providing material support to terrorist organizations

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

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

          * * * * * * *

Sec. 2510. Definitions

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

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

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

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

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

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

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

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

          * * * * * * *

Sec. 2703. Requirements for governmental access

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

Sec. 2707. Civil action

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

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

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

                 CHAPTER 122--ACCESS TO CERTAIN RECORDS

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

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

  (a)(1) A court or magistrate judge may issue an order ex 
parte, upon application by the Director of the Federal Bureau 
of Investigation (or the Director's designee, whose rank shall 
be no lower than Assistant Special Agent in Charge), directing 
any common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility to furnish any 
records in its possession to the Federal Bureau of 
Investigation. The court or magistrate judge shall issue the 
order if the court or magistrate judge finds that--
          (A) such records are necessary for counterterrorism 
        or foreign counterintelligence purposes; and
          (B) there are specific and articulable facts giving 
        reason to believe that the person to whom the records 
        pertain is--
                  (i) a foreign power; or
                  (ii) an agent of a foreign power and is 
                engaging or has engaged in international 
                terrorism (as that term is defined in section 
                101(c) of the Foreign Intelligence Surveillance 
                Act of 1978) or clandestine intelligence 
                activities that involve or may involve a 
                violation of criminal statutes of the United 
                States.
  (2) An order issued under this subsection shall not disclose 
that it is issued for purposes of a counterintelligence 
investigation.
  (b) No common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, or any 
officer, employee, or agent of such common carrier, public 
accommodation facility, physical storage facility, or vehicle 
rental facility, shall disclose to any person, other than those 
officers, agents, or employees of the common carrier, public 
accommodation facility, physical storage facility, or vehicle 
rental facility necessary to fulfill the requirement to 
disclose the information to the Federal Bureau of Investigation 
under this section.
  (c)(1) The Federal Bureau of Investigation may not 
disseminate information obtained pursuant to this section 
outside the Federal Bureau of Investigation, except--
          (A) to the Department of Justice or any other law 
        enforcement agency, as may be necessary for the 
        approval or conduct of a foreign counterintelligence 
        investigation; or
          (B) where the information concerns a person subject 
        to the Uniform Code of Military Justice, to appropriate 
        investigative authorities within the military 
        department concerned as may be necessary for the 
        conduct of a joint foreign counterintelligence 
        investigation.
  (2) Any agency or department of the United States obtaining 
or disclosing any information in violation of this paragraph 
shall be liable to any person harmed by the violation in an 
amount equal to the sum of--
          (A) $100 without regard to the volume of information 
        involved;
          (B) any actual damages sustained by the person harmed 
        as a result of the violation;
          (C) if the violation is willful or intentional, such 
        punitive damages as a court may allow; and
          (D) in the case of any successful action to enforce 
        liability under this paragraph, the costs of the 
        action, together with reasonable attorney fees, as 
        determined by the court.
  (d) If a court determines that any agency or department of 
the United States has violated any provision of this section 
and the court finds that the circumstances surrounding the 
violation raise questions of whether or not an officer or 
employee of the agency or department acted willfully or 
intentionally with respect to the violation, the agency or 
department shall promptly initiate a proceeding to determine 
whether or not disciplinary action is warranted against the 
officer or employee who was responsible for the violation.
  (e) As used in this section--
          (1) the term ``common carrier'' means a locomotive, 
        rail carrier, bus carrying passengers, water common 
        carrier, air common carrier, or private commercial 
        interstate carrier for the delivery of packages and 
        other objects;
          (2) the term ``public accommodation facility'' means 
        any inn, hotel, motel, or other establishment that 
        provides lodging to transient guests;
          (3) the term ``physical storage facility'' means any 
        business or entity that provides space for the storage 
        of goods or materials, or services related to the 
        storage of goods or materials, to the public or any 
        segment thereof; and
          (4) the term ``vehicle rental facility'' means any 
        person or entity that provides vehicles for rent, 
        lease, loan, or other similar use, to the public or any 
        segment thereof.
          * * * * * * *

                      PART II--CRIMINAL PROCEDURE

          * * * * * * *

                   CHAPTER 203--ARREST AND COMMITMENT

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

[Sec. 3059. Rewards and appropriations therefor

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

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

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

Sec. 3059. Reward authority of the Attorney General

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

         CHAPTER 206--PEN REGISTERS AND TRAP AND TRACE DEVICES

          * * * * * * *

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

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

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

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

    CHAPTER 207--RELEASE AND DETENTION PENDING JUDICIAL PROCEEDINGS

          * * * * * * *

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

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

                        CHAPTER 213--LIMITATIONS

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

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

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

Sec. 3295. Arson offenses

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


             SECTION 46502 OF TITLE 49, UNITED STATES CODE

Sec. 46502. Aircraft piracy

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


                       FAIR CREDIT REPORTING ACT

                  TITLE VI--CONSUMER CREDIT REPORTING

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

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

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


                    IMMIGRATION AND NATIONALITY ACT

          * * * * * * *

                            TABLE OF CONTENTS

                            Title I--General

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

        TITLE V--Special Removal Procedures for Alien Terrorists

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

                            TITLE I--GENERAL

          * * * * * * *

        [judicial review of orders of deportation and exclusion]

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

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

                         TITLE II--IMMIGRATION

                      Chapter 1--Selection System

          * * * * * * *

                            asylum procedure

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

                      special agricultural workers

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

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

          * * * * * * *

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

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

         Chapter 4--Provisions Relating to Entry and Exclusion

          * * * * * * *

                   inspection by immigration officers

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

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

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

              Chapter 5--Deportation; Adjustment of Status

                  general classes of deportable aliens

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

    countries to which aliens shall be deported; cost of deportation

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

             suspension of deportation; voluntary departure

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

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

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

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

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

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

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

                 Chapter 8--General Penalty Provisions

          * * * * * * *

            unfair immigration-related employment practices

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

                       reentry of deported alien

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

        TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS


                              definitions


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


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


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


        application for initiation of special removal proceeding


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


                      consideration of application


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


                        special removal hearings


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


                consideration of classified information


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


                                appeals


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


                         detention and custody


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


                        ACT OF OCTOBER 25, 1994

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

          * * * * * * *

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

SEC. 401. CIVIL MONETARY PENALTY SURCHARGE.

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

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

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

SEC. 403. DEFINITIONS.

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


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

SEC. 140. VISAS.

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


            SECTION 1403 OF THE VICTIMS OF CRIME ACT OF 1984

                       crime victim compensation

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


                      TITLE 28, UNITED STATES CODE

          * * * * * * *

                    PART IV--JURISDICTION AND VENUE

          * * * * * * *

        CHAPTER 97--JURISDICTIONAL IMMUNITIES OF FOREIGN STATES

          * * * * * * *

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

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

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

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

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

                        Analysis of Legislation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A. Failure to ban armor-piercing bullets

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

B. Failure to require tagging of explosive materials

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

                               Conclusion

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

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