[Page: S7553]
Mr. HATCH (for Mr. Dole for himself, Mr.
Hatch, Mr. Nickles, Mr.
Inhofe, Mr. Gramm, Mr.
Brown, Mr. Thurmond, Mr.
Simpson, Mr. DeWine and Mr.
Kyl) proposed an amendment to the bill S. 735, supra; as
follows:
Strike all after the enacting clause and insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the `Comprehensive Terrorism Prevention Act of
1995'.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Increased penalty for conspiracies involving explosives.
Sec. 102. Acts of terrorism transcending national boundaries.
Sec. 103. Conspiracy to harm people and property overseas.
Sec. 104. Increased penalties for certain terrorism crimes.
Sec. 105. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.
Sec. 106. Penalty for possession of stolen explosives.
Sec. 107. Enhanced penalties for use of explosives or arson crimes.
TITLE II--COMBATING INTERNATIONAL TERRORISM
Sec. 201. Findings.
Sec. 202. Prohibition on assistance to countries that aid terrorist states.
Sec. 203. Prohibition on assistance to countries that provide military equipment to terrorist states.
Sec. 204. Opposition to assistance by international financial institutions to terrorist states.
Sec. 205. Antiterrorism assistance.
Sec. 206. Jurisdiction for lawsuits against terrorist states.
Sec. 207. Report on support for international terrorists.
Sec. 208. Definition of assistance.
Sec. 209. Waiver authority concerning notice of denial of application for visas.
Sec. 210. Membership in a terrorist organization as a basis for exclusion from the United States under the Immigration and Nationality Act.
TITLE III--ALIEN REMOVAL
Sec. 301. Alien terrorist removal.
Sec. 302. Extradition of aliens.
Sec. 303. Changes to the Immigration and Nationality Act to facilitate removal of alien terrorists.
Sec. 304. Access to certain confidential immigration and naturalization files through court order.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
Sec. 401. Prohibition on terrorist fundraising.
Sec. 402. Correction to material support provision.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
Sec. 501. Disclosure of certain consumer reports to the Federal Bureau of Investigation for foreign counterintelligence investigations.
Sec. 502. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in foreign counterintelligence and counterterrorism cases.
Sec. 503. Increase in maximum rewards for information concerning international terrorism.
Subtitle B--Intelligence and Investigation Enhancements
Sec. 511. Study and report on electronic surveillance.
Sec. 512. Authorization for interceptions of communications in certain terrorism related offenses.
Sec. 513. Requirement to preserve evidence.
Subtitle C--Additional Funding for Law Enforcement
Sec. 521. Federal Bureau of Investigation assistance to combat terrorism.
Sec. 522. Authorization of additional appropriations for the United States Customs Service.
Sec. 523. Authorization of additional appropriations for the Immigration and Naturalization Service.
Sec. 524. Drug Enforcement Administration.
Sec. 525. Department of Justice.
Sec. 526. Funding source.
Sec. 527. Deterrent against terrorist activity damaging a Federal interest computer.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
Sec. 601. Filing deadlines.
Sec. 602. Appeal.
Sec. 603. Amendment of Federal Rules of Appellate Procedure.
Sec. 604. Section 2254 amendments.
Sec. 605. Section 2255 amendments.
Sec. 606. Limits on second or successive applications.
Sec. 607. Death penalty litigation procedures.
Sec. 608. Technical amendment.
Subtitle B--Criminal Procedural Improvements
Sec. 621. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.
Sec. 622. Expansion of territorial sea.
Sec. 623. Expansion of weapons of mass destruction statute.
Sec. 624. Addition of terrorism offenses to the RICO statute.
Sec. 625. Addition of terrorism offenses to the money laundering statute.
Sec. 626. Protection of current or former officials, officers, or employees of the United States.
Sec. 627. Addition of conspiracy to terrorism offenses.
Sec. 628. Clarification of Federal jurisdiction over bomb threats.
TITLE VII--MARKING OF PLASTIC EXPLOSIVES
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Requirement of detection agents for plastic explosives.
Sec. 704. Criminal sanctions.
Sec. 705. Exceptions.
Sec. 706. Investigative authority.
Sec. 707. Effective date.
Sec. 708. Study on tagging of explosive materials.
TITLE VIII--NUCLEAR MATERIALS
Sec. 801. Findings and purpose.
Sec. 802. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Severability.
[Page: S7554]
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
SEC. 101. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by adding at the end
the following new subsection:
`(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. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Redesignation: (1) Chapter 113B of title 18, United
States Code (relating to torture) is redesignated as chapter 113C.
(2) The chapter analysis of title 18, United States Code, is amended by
striking `113B' the second place it appears and inserting `113C'.
(b) Offense: Chapter 113B of title 18, United States Code,
is amended by inserting after section 2332a the following new section:
`2332b. Acts of terrorism transcending national boundaries
`(a) Prohibited Acts:
`(1) Whoever, in a circumstance described in subsection (b), commits an act within the United States that if committed within the special maritime and territorial jurisdiction of the United States would be in violation of section 113 (a), (b), (c), or (f), 114, 1111, 1112, 1201, or 1363 shall be punished as prescribed in subsection (c).
`(2) Whoever threatens, attempts, or conspires to commit an offense under
paragraph (1) shall be punished under subsection (c).
`(b) Jurisdictional Bases:
`(1) This section applies to conduct described in subsection (a) if--
`(A) the mail, or any facility utilized in interstate commerce, is used in furtherance of the commission of the offense;
`(B) the offense destructs, delays, or affects interstate or foreign commerce in any way or degree, or would have obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;
`(C) the victim or intended victim is the United States Government or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;
`(D) the structure, conveyance, or other real or personal property was in whole or in part owned, possessed, or used by, or leased to the United States, or any department or agency thereof;
`(E) 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
`(F) the offense is committed in places within the United States that are in the special maritime and territorial jurisdiction of the United States.
`(2) Jurisdiction shall exist over all principals, coconspirators, and
accessories after the fact, of an offense under subsection (a) if at least
one of the circumstances described in paragraph (1) is applicable to at least
one offender.
`(c) Penalties:
`(1) Whoever violates this section shall, in addition to the punishment provided for any other crime charged in the indictment, be punished--
`(A) if death results to any person, 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 the 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 the offense, 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.
`(d) Limitation on Prosecution: No indictment for any
offense described in this section shall be sought by the United States except
after the Attorney General, or the highest ranking subordinate of the
Attorney General with responsibility for criminal prosecutions, has made a
written certification that, in the judgment of the certifying official--
`(1) such offense, or any activity preparatory to its commission, transcended national boundaries; and
`(2) the offense appears to have been intended to coerce, intimidate, or
retaliate against a government or a civilian population, including any
segment thereof.
`(e) Investigative Responsibility: Violations of this
section shall be investigated by the Federal Bureau of Investigation. Nothing
in this section shall be construed to interfere with the authority of the
United States Secret Service under section 3056, or with its investigative
authority with respect to sections 871 and 879.
`(f) Evidence: In a prosecution under this section, the
United States shall not be required to prove knowledge by any defendant of a
jurisdictional base alleged in the indictment.
`(g) Extraterritorial Jurisdiction: There is
extraterritorial Federal jurisdiction over--
`(1) any offense under subsection (a); and
`(2) conduct that, under section 3, renders any person an accessory after
the fact to an offense under subsection (a).
`(h) Definitions: As used in this section--
`(1) the term `commerce' has the meaning given such term in section 1951(b)(3);
`(2) the term `facility utilized in any manner in commerce' includes means of transportation, communication, and transmission;
`(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 (8 U.S.C. 1101(a)(22));
`(4) the term `serious bodily injury' has the meaning given such term in section 1365(g)(3); and
`(5) 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.'.
(c) Technical Amendment: The chapter analysis for Chapter
113B of title 18, United States Code, is amended by inserting after the item
relating to section 2332a, the following new item:
`2332b. Acts of terrorism transcending national boundaries.'.
(d) Statute of Limitations Amendment: Section 3286 of title
18, United States Code, is amended--
(1) by striking `any offense' and inserting `any noncapital offense';
(2) by striking `36' and inserting `37';
(3) by striking `2331' and inserting `2332';
(4) by striking `2339' and inserting `2332a'; and
(5) by inserting `2332b (acts of terrorism transcending national
boundaries),' after `(use of weapons of mass destruction),'.
(e) Presumptive Detention: Section 3142(e) of title 18,
United States Code, is amended by inserting `or section 2332b' after `section
924(c)'.
[Page: S7555]
SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General: Section 956 of title 18, United States
Code, is amended to read as follows:
`956. Conspiracy to kill, kidnap, maim, or injure certain 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 is 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 he or any such other person commits an act within the
jurisdiction of the United States to effect any object of the conspiracy, be
punished as provided in paragraph (2).
`(2) The punishment for an offense under paragraph (1) 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 is
located, 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, airport, airfield, or other public utility, public conveyance, or
public structure, or any religious, educational, or cultural property so
situated, shall, if he or any such other person 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 chapter analysis for chapter 45
of title 18, United States Code, is amended by striking the item relating to
section 956 and inserting the following:
`956. Conspiracy to kill, kidnap, maim, or injure certain property in a foreign country.'.
SEC. 104. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.
(a) In General: Title 18, United States Code, is
amended--
(1) in section 114, by striking `maim or disfigure' and inserting `torture (as defined in section 2340), maim, or disfigure';
(2) in section 755, by striking `two years' and inserting `five years';
(3) in section 756, by striking `one year' and inserting `five years';
(4) in section 878(a), by striking `by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person';
(5) in section 1113, by striking `three years or fined' and inserting `seven years'; and
(6) in section 2332(c), by striking `five' and inserting `ten'.
(b) Penalty for Carrying Weapons or Explosives on an
Aircraft: Section 46505(b) of title 49, United States Code, is
amended by striking `one' and inserting `ten'.
SEC. 105. 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 new subsection:
`(n) Whoever knowingly transfers an explosive material, knowing or having
reasonable cause to believe that such explosive material will be used to
commit a crime of violence (as defined in section 924(c)(3)) or drug
trafficking crime (as defined in section 924(c)(2)) shall be imprisoned for
not less than 10 years, fined under this title, or both.'.
SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES.
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, pledge, or accept as security
for a loan, any stolen explosive material that is moving in, part of,
constitutes, or has been shipped or transported in, interstate or foreign
commerce, either before or after such material was stolen, knowing or having
reasonable cause to believe that the explosive material was stolen.'.
SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (e), by striking `five' and inserting `10';
(2) by amending subsection (f) to read as follows:
`(f)(1) 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 or possessed by, or
leased to, the United States, or any department or agency thereof, shall be
imprisoned for not less than 5 years and not more than 20 years, fined the
greater of $100,000 or the cost of repairing or replacing any property that
is damaged or destroyed, or both.
`(2) Whoever engages in conduct prohibited by this subsection shall be
imprisoned not less than 7 years and not more than 40 years, fined the
greater of $200,000 or the cost of repairing or replacing any property that
is damaged or destroyed, or both, if the conduct results in personal injury
to any person, including any public safety officer performing duties, as a
direct or proximate result of such conduct.
`(3) Whoever engages in conduct prohibited by this subsection shall be
imprisoned for any term of years, for life, or sentenced to death, fined the
greater of $200,000 or the cost of repairing or replacing any property that
is damaged or destroyed, or both, if the conduct results in death to any
person, including any public safety officer performing duties, as a direct or
proximate result of such conduct.';
(4) in subsection (h)--
(A) in the first sentence by striking `5 years but not more than 15 years' and inserting `10 years'; and
(B) in the second sentence by striking `10 years but not more than 25 years' and inserting `20 years'; and
(5) in subsection (i)--
(A) by striking `not more than 20 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,' and inserting `not less than 5 years and not more than 20 years, fined the greater of $100,000 or the cost of repairing or replacing any property that is damaged or destroyed';
(B) by striking `not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,' and inserting `not less than 7 years and not more than 40 years, fined the greater of $200,000 or the cost of repairing or replacing any property that is damaged or destroyed'; and
(C) by striking `7 years' and inserting `10 years'.
TITLE II--COMBATING INTERNATIONAL TERRORISM
SEC. 201. FINDINGS.
The Congress finds that--
(1) international terrorism is among the most serious transnational threats faced by the United States and its allies, far eclipsing the dangers posed by population growth or pollution;
(2) the President should continue to make efforts to counter international terrorism a national security priority;
(3) because the United Nations has been an inadequate forum for the discussion of cooperative, multilateral responses to the threat of international terrorism, the President should undertake immediate efforts to develop effective multilateral responses to international terrorism as a complement to national counterterrorist efforts;
(4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens;
(5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya's noncompliance with United Nations resolutions; and
(6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism.
SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by
adding immediately after section 620F the following new section:
`SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
`No assistance under this Act shall be provided to the government of any
country that provides assistance to the government of any other country for
which the Secretary of State has made a determination under section
620A.'.
SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by
adding immediately after section 620G the following new section:
`SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
`(a) Prohibition:
`(1) In general: No assistance under this Act shall be provided to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
`(2) Applicability: The prohibition under this section
with respect to a foreign government shall terminate 1 year after that
government ceases to provide lethal military equipment. This section applies
with respect to lethal military equipment provided under a contract entered
into after the date of enactment of this Act.
`(b) Waiver: Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described in subsection
(a) if the President determines that furnishing such assistance is important
to the national interests of the United States and, not later than 15 days
before obligating such assistance, furnishes a report to the appropriate
committees of Congress including--
`(1) a statement of the determination;
`(2) a detailed explanation of the assistance to be provided;
`(3) the estimated dollar amount of the assistance; and
`(4) an explanation of how the assistance furthers United States national interests.'.
[Page: S7556]
SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS
TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C. 262c et seq.) is
amended by inserting after section 1620 the following new section:
`SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
`(a) In General: The Secretary of the Treasury shall
instruct the United States executive director of each international financial
institution to vote against any loan or other use of the funds of the
respective institution to or for a country for which the Secretary of State
has made a determination under section 6(j) of the Export Administration Act
of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371).
`(b) Definition: For purposes of this section, the term
`international financial institution' includes--
`(1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund;
`(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund; and
`(3) any similar institution established after the date of enactment of this section.'.
SEC. 205. ANTITERRORISM ASSISTANCE.
(a) Foreign Assistance Act: Section 573 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--
(1) in subsection (c), by striking `development and implementation of the antiterrorism assistance program under this chapter, including';
(2) by amending subsection (d) to read as follows:
`(d)(1) Arms and ammunition may be provided under this chapter only if they
are directly related to antiterrorism assistance.
`(2) The value (in terms of original acquisition cost) of all equipment and
commodities provided under this chapter in any fiscal year shall not exceed
30 percent of the funds made available to carry out this chapter for that
fiscal year.'; and
(3) by striking subsection (f).
(b) Assistance to Foreign Countries: Notwithstanding any
other provision of law (except section 620A of the Foreign Assistance Act of
1961) up to $1,000,000 in assistance may be provided to a foreign country for
counterterrorism efforts in any fiscal year if--
(1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance.
SEC. 206. 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 the period at the end of paragraph (6) and inserting `; or' and
(B) 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 government 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) for a person carrying out such an act, by a foreign state or by any official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that--
`(A) the claimant must first afford the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; and
`(B) an action under this paragraph shall not be maintained unless the act upon which the claim is based--
`(i) occurred while the individual bringing the claim was a national of the United States (as that term is defined in section 101(a)(2) of the Immigration and Nationality Act); and
`(ii) occurred while the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).'; and
(2) by adding at the end the following new subsection:
`(e) For purposes of paragraph (7)--
`(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 350 note);
`(2) the term `hostage taking' has the meaning given such term in Article 1 of the International Convention Against the Taking of Hostages; and
`(3) the term `aircraft sabotage' has the meaning given such 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. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS.
Not later than 60 days after the date of enactment of this Act, and annually
thereafter in the report required by section 140 of the Foreign Relations
Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the
Secretary of State shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the Senate that
includes--
(1) a detailed assessment of international terrorist groups including their--
(A) size, leadership, and sources of financial and logistical support;
(B) goals, doctrine, and strategy;
(C) nature, scope, and location of human and technical infrastructure;
(D) level of education and training;
(E) bases of operation and recruitment;
(F) operational capabilities; and
(G) linkages with state and non-state actors such as ethnic groups, religious communities, or criminal organizations;
(2) a detailed assessment of any country that provided support of any type for international terrorism, terrorist groups, or individual terrorists, including countries that knowingly allowed terrorist groups or individuals to transit or reside in their territory, regardless of whether terrorist acts were committed on their territory by such individuals;
(3) a detailed assessment of individual country efforts to take effective action against countries named in section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), including the status of compliance with international sanctions and the status of bilateral economic relations; and
(4) United States Government efforts to implement this title.
SEC. 208. DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term `assistance' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and
(2) the term `assistance' does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance).
SEC. 209. 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), respectively;
(2) by striking `If' and inserting `(1) Subject to paragraph (2), if'; and
(3) by inserting at the end the following paragraph:
`(2) With respect to applications for visas, the Secretary of State may waive the application of paragraph (1) in the case of a particular alien or any class or classes of excludable aliens, except in cases of intent to immigrate.'.
SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR EXCLUSION
FROM THE UNITED STATES UNDER THE IMMIGRATION AND NATIONALITY ACT.
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) by inserting `or' at the end of subclause (II); and
(C) by inserting after subclause (II) the following new subclause:
`(III) is a member of a terrorist organization or who actively supports or advocates terrorist activity,'; and
(2) by adding at the end the following new clause:
`(iv) Terrorist organization defined: As used in this subparagraph, the term `terrorist organization' means an organization that engages in, or has engaged in, terrorist activity as determined by the Secretary of State, after consultation with the Secretary of the Treasury.'.
[Page: S7557]
TITLE III--ALIEN REMOVAL
SEC. 301. ALIEN TERRORIST REMOVAL.
(a) Table of Contents: The Immigration and Nationality Act
is amended by adding at the end of the table of contents the following:
`TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
`501. Definitions.
`502. Applicability.
`503. Removal of alien terrorists.'.
(b) Alien Terrorist Removal: The Immigration and
Nationality Act is amended by adding at the end the following new title:
`TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
`SEC. 501. DEFINITIONS.
`As used in this title--
`(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B);
`(2) the term `classified information' has the same meaning as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App. IV);
`(3) the term `national security' has the same meaning as defined in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App. IV);
`(4) the term `special court' means the court described in section 503(c); and
`(5) the term `special removal hearing' means the hearing described in section 503(e).
`SEC. 502. APPLICABILITY.
`(a) In General: The provisions of this title may be
followed in the discretion of the Attorney General whenever the Department of
Justice has classified information that an alien described in section
241(a)(4)(B) is subject to deportation because of such section.
`(b) Procedures: Whenever an official of the Department of
Justice files, under section 503(a), an application with the court
established under section 503(c) for authorization to seek removal pursuant
to this title, the alien's rights regarding removal and expulsion shall be
governed solely by the provisions of this title, except as specifically
provided.
`SEC. 503. REMOVAL OF ALIEN TERRORISTS.
`(a) Application for Use of Procedures: This section shall
apply whenever the Attorney General certifies under seal to the special court
that--
`(1) the Attorney General or Deputy Attorney General has approved of the proceeding under this section;
`(2) an alien terrorist is physically present in the United States; and
`(3) removal of such alien terrorist by deportation proceedings described
in sections 242, 242A, or 242B would pose a risk to the national security of
the United States because such proceedings would disclose classified
information.
`(b) Custody and Release Pending Hearing: (1) The Attorney
General may take into custody any alien with respect to whom a certification
has been made under subsection (a), and notwithstanding any other provision
of law, may retain such alien in custody in accordance with this
subsection.
`(2)(A) An alien with respect to whom a certification has been made under
subsection (a) shall be given a release hearing before the special court
designated pursuant to subsection (c).
`(B) The judge shall grant the alien release, subject to such terms and
conditions prescribed by the court (including the posting of any monetary
amount), pending the special removal hearing if--
`(i) the alien is lawfully present in the United States;
`(ii) the alien demonstrates that the alien, if released, is not likely to flee; and
`(iii) the alien demonstrates that release of the alien will not endanger
national security or the safety of any person or the community.
`(C) The judge may consider classified information submitted in camera and
ex parte in making a determination whether to release an alien pending the
special hearing.
`(c) Special Court: (1) The Chief Justice of the United
States shall publicly designate not more than 5 judges from up to 5 United
States judicial districts to hear and decide cases arising under this
section, in a manner consistent with the designation of judges described in
section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C.
1803(a)).
`(2) The Chief Justice may, in the Chief Justice's discretion, designate the
same judges under this section as are designated pursuant to section 103(a)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
`(d) Invocation of Special Court Procedure: (1) When the
Attorney General makes the application described in subsection (a), a single
judge of the special court shall consider the application in camera and ex
parte.
`(2) The judge shall invoke the procedures of subsection (e) if the judge
determines that there is probable cause to believe that--
`(A) the alien who is the subject of the application has been correctly identified and is an alien as described in section 241(a)(4)(B); and
`(B) a deportation proceeding described in section 242, 242A, or 242B
would pose a risk to the national security of the United States because such
proceedings would disclose classified information.
`(e) Special Removal Hearing: (1) Except as provided in
paragraph (5), the special removal hearing authorized by a showing of
probable cause described in subsection (d)(2) shall be open to the
public.
`(2) The alien shall have a reasonable opportunity 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 such
alien. Counsel may be appointed as described in section 3006A of title 18,
United States Code.
`(3) The alien shall have a reasonable opportunity to introduce evidence on
his own behalf, and except as provided in paragraph (5), shall have a
reasonable opportunity to cross-examine any witness or request that the judge
issue a subpoena for the presence of a named witness.
`(4)(A) An alien subject to removal under this section shall have no
right--
`(i) of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 801 et seq.) or otherwise for national security purposes if disclosure would present a risk to the national security; or
`(ii) to seek the suppression of evidence that the alien alleges was
unlawfully obtained, except on grounds of credibility or relevance.
`(B) The Government is authorized to use, in the removal proceedings, the
fruits of electronic surveillance and unconsented physical searches
authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
801 et seq.) without regard to subsections 106 (c), (e), (f), (g), and (h) of
such Act.
`(C) Section 3504 of title 18, United States Code, shall not apply to
procedures under this section if the Attorney General determines that public
disclosure would pose a risk to the national security of the United States
because it would disclose classified information.
`(5) The judge shall authorize the introduction in camera and ex parte of
any item of evidence for which the Attorney General determines that public
disclosure would pose a risk to the national security of the United States
because it would disclose classified information. With respect to such
evidence, the Attorney General shall submit to the court an unclassified
summary of the specific evidence prepared in accordance with paragraph
(6).
`(6)(A) The information submitted under paragraph (5)(B) shall contain an
unclassified summary of the classified information that does not pose a risk
to national security.
`(B) The judge shall approve the summary if the judge finds that it is
sufficient to inform the alien of the nature of the evidence that such person
is an alien as described in section 241(a), and to permit the alien to
prepare a defense.
`(C) The Attorney General shall cause to be delivered to the alien a copy of
the unclassified summary approved under subparagraph (B).
`(D) If the written unclassified summary is not approved by the court, the
Department of Justice shall be afforded reasonable opportunity to correct the
deficiencies identified by the court and submit a revised unclassified
summary.
`(E) If the revised unclassified summary is not approved by the court, the
special removal hearing shall be terminated unless the court, after reviewing
the classified information in camera and ex parte finds, by clear and
convincing evidence, that--
`(i) the alien's continued presence in the United States--
`(I) would cause serious and irreparable harm to the national security; or
`(II) would likely cause imminent death or serious bodily injury to any person; and
`(ii) provision of the required unclassified summary--
`(I) would cause serious and irreparable harm to the national security; or
`(II) would likely cause imminent death or serious bodily injury to any
person.
`(F) If such finding is issued, the special removal hearing shall continue.
The Department of Justice shall cause to be delivered to the alien a
statement declaring that no unclassified summary is possible. The alien may
take an interlocutory appeal of a determination to proceed under this
paragraph.
`(G) In no event may the court order the disclosure of the unclassified
summary or the classified information.
`(H) If no unclassified summary pursuant to subparagraph (E) is possible,
the Attorney General shall--
`(i) identify the facts that the specific evidence would tend to prove; and
`(ii) provide the alien with notice that no unclassified summary is
possible and that states that the alien's continued presence in the United
States poses a serious threat to national security or imminent death or
bodily injury to any person.
`(I)(i) The Department of Justice may take an interlocutory appeal to the
United States Court of Appeals for the District of Columbia Circuit of--
`(I) any determination by the judge pursuant to subparagraph (B) concerning whether an item of evidence may be introduced in camera and ex parte;
`(II) any determination by the judge concerning the contents of any summary of evidence to be introduced in camera and ex parte prepared pursuant to subparagraph (D); or
`(III) the refusal of the court to make the finding permitted by
subparagraph (D).
`(ii) In an interlocutory appeal taken under this paragraph, 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. The Court of Appeals shall consider the appeal as
expeditiously as possible.
`(f) Determination of Deportation: The judge shall,
considering the evidence on the record as a whole (in camera and otherwise),
require that the alien be deported if the Attorney General proves, by clear
and convincing evidence, that the alien is subject to deportation because
such alien is an alien as described in section 241(a)(4)(B). If the judge
finds that the Department of Justice has met this burden, the judge shall
order the alien removed and, if the alien was released pending the special
removal proceeding, order the Attorney General to take the alien into
custody.
`(g) Appeals: (1) The alien may appeal a final
determination under subsection (f) to the United States Court of Appeals for
the District of Columbia Circuit, by filing a notice of appeal with such
court not later than 30 days after the determination is made. An appeal under
this section shall be heard by the Court of Appeals sitting en banc.
`(2) The Attorney General may appeal a determination under subsection (d),
(e), or (f) to the Court of Appeals for the District of Columbia Circuit, by
filing a notice of appeal with such court not later than 20 days after the
determination is made under any one of such subsections.
`(3) If the Department of Justice does not seek review, the alien shall be
released from custody, unless such alien may be arrested and taken into
custody pursuant to title II as an alien subject to deportation, in which
case such alien shall be treated in accordance with the provisions of this
Act concerning the deportation of aliens.
`(4) If the application for the order is denied because the judge has not
found probable cause to believe that the alien who is the subject of the
application has been correctly identified or is an alien as described in
paragraph 4(B) of section 241(a), and the Department of Justice seeks review,
the alien shall be released from custody unless such alien may be arrested
and taken into custody pursuant to title II as an alien subject to
deportation, in which case such alien shall be treated in accordance with the
provisions of this Act concerning the deportation of aliens simultaneously
with the application of this title.
`(5)(A) If the application for the order is denied based on a finding that
no probable cause exists to find that adherence to the provisions of title II
regarding the deportation of the identified alien would pose a risk of
irreparable harm to the national security of the United States, or death or
serious bodily injury to any person, 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 (c)(1)(B) (i) through
(xiv) of title 18, United States Code, that will reasonably ensure 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.
`(B) The alien shall remain in custody if the court fails to make a finding
under subparagraph (A), until the completion of any appeal authorized by this
title. 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 the
previous sentence applies and--
`(i) 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
`(ii) 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.
`(6) When requested by the Attorney General, the entire record of the
proceeding under this section shall be transmitted to the court of appeals or
the Supreme Court under seal. The court of appeals or Supreme Court may
consider such appeal in camera.'.
[Page: S7558]
SEC. 302. EXTRADITION OF ALIENS.
(a) Scope: Section 3181 of title 18, United States Code, is
amended--
(1) by inserting `(a)' before `The provisions of this chapter'; and
(2) by adding at the end the following new subsections:
`(b) The provisions of this chapter shall be construed to permit, in the
exercise of comity, the surrender of persons, other than citizens, nationals,
or permanent residents of the United States, who have committed crimes of
violence against nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with such foreign
government if the Attorney General certifies, in writing, that--
`(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and
`(2) the offenses charged are not of a political nature.
`(c) As used in this section, the term `national of the United States' has
the meaning given such term in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).'.
(b) Fugitives: Section 3184 of title 18, United States
Code, is amended--
(1) in the first sentence by inserting after `United States and any foreign government,' the following: `or in cases arising under section 3181(b),';
(2) in the first sentence by inserting after `treaty or convention,' the following: `or provided for under section 3181(b),'; and
(3) in the third sentence by inserting after `treaty or convention,' the following: `or under section 3181(b),'.
SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO FACILITATE
REMOVAL OF ALIEN TERRORISTS.
(a) Terrorism Activities: Section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read
as follows:
`(B) Terrorism activities:
`(i) In general: Any alien who--
`(I) has engaged in a terrorism activity, or
`(II) a consular officer or the Attorney General knows, or has reason to believe, is likely to engage after entry in any terrorism activity (as defined in clause (iii)),
is excludable. An alien who is an officer, official, representative, or spokesman of any terrorist organization designated as a terrorist organization by proclamation by the President after finding such organization to be detrimental to the interest of the United States, or any person who directs, counsels, commands, or induces such organization or its members to engage in terrorism activity, shall be considered, for purposes of this Act, to be engaged in terrorism activity.
`(ii) Terrorism activity defined: As used in this Act, the term `terrorism activity' means any activity that is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State), and that involves any of the following:
`(I) The hijacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle).
`(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained.
`(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person.
`(IV) An assassination.
`(V) The use of any--
`(aa) biological agent, chemical agent, or nuclear weapon or device, or
`(bb) explosive, firearm, or other weapon (other than for mere personal monetary gain),
with intent to endanger, directly, or indirectly, the safety of one or more individuals or to cause substantial damage to property.
`(VI) A threat, attempt, or conspiracy to do any of the foregoing.
`(iii) Engage in terrorism activity defined: As used in this Act, the term `engage in terrorism activity' means to commit, in an individual capacity or as a member of an organization, an act of terrorism activity, or an act that the actor knows affords material support to any individual, organization, or government that the actor knows plans to commit terrorism activity, including any of the following acts:
`(I) The preparation or planning of terrorism activity.
`(II) The gathering of information on potential targets for terrorism activity.
`(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training.
`(IV) The soliciting of funds or other things of value for terrorism activity or for any terrorist organization.
`(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorism activity.
`(iv) Terrorist organization defined: As used in this Act, the term `terrorist organization' means--
`(I) an organization engaged in, or that has a significant subgroup that engages in, terrorism activity, regardless of any legitimate activities conducted by the organization or its subgroups; and
`(II) an organization designated by the Secretary of State under section
2339B of title 18.'.
(b) Deportable Aliens: Section 241(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read
as follows:
`(B) Terrorism activities: Any alien who is engaged, or
at any time after entry engages in, any terrorism activity (as defined in
section 212(a)(3)(B)) is deportable.'.
(c) Burden of Proof: Section 291 of the Immigration and
Nationality Act (8 U.S.C. 1361) is amended by inserting after `custody of the
Service.' the following new sentence: `The limited production authorized by
this provision shall not extend to the records of any other agency or
department of the Government or to any documents that do not pertain to the
respondent's entry.'.
(d) Apprehension and Deportation of Aliens: Section 242(b)
of the Immigration and Nationality Act (8 U.S.C. 1252(b)(3)) is amended by
inserting immediately after paragraph (4) the following: `For purposes of
paragraph (3), in the case of an alien who is not lawfully admitted for
permanent residence and notwithstanding the provisions of any other law,
reasonable opportunity shall not include access to classified information,
whether or not introduced in evidence against the alien. Section 3504 of
title 18, United States Code, and 18 U.S.C. 3504 and the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall not apply in such
cases.'.
(e) Criminal Alien Removal:
(1) Judicial review: Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows:
`(10) Notwithstanding any other provision of law, any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.'.
(2) Final order of deportation defined: Section 101(a) of
such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new
paragraph:
`(47)(A) The term `order of deportation' means the order of the special
inquiry officer, or other such administrative officer to whom the Attorney
General has delegated the responsibility for determining whether an alien is
deportable, concluding that the alien is deportable or ordering
deportation.
`(B) The order described under subparagraph (A) shall become final upon the
earlier of--
`(i) a determination by the Board of Immigration Appeals affirming such order; or
`(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.'.
(3) Arrest and custody: Section 242(a)(2) of such Act is amended--
(A) in subparagraph (A)--
(i) by striking `(2)(A) The Attorney' and inserting `(2) The Attorney';
(ii) by striking `an aggravated felony upon' and all that follows through `of the same offense)' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), upon release of the alien from incarceration, shall deport the alien as expeditiously as possible'; and
(iii) by striking `but subject to subparagraph (B)'; and
(B) by striking subparagraph (B).
(4) Classes of excludable aliens: Section 212(c) of such Act (8 U.S.C. 1182(c)) is amended--
(A) by striking `The first sentence of this' and inserting `This'; and
(B) by striking `has been convicted of one or more aggravated felonies' and all that follows through the end and inserting `is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'.
(5) Aggravated felony defined: Section 101(a)(43) of such Act is amended--
(A) in subparagraph (F)--
(i) by inserting `, including forcible rape,' after `offense)'; and
(ii) by striking `5 years' and inserting `1 year'; and
(B) in subparagraph (G) by striking `5 years' and inserting `1 year'.
(6) Deportation of criminal aliens: Section 242A(a) of such Act (8 U.S.C. 1252(a)) is amended--
(A) in paragraph (1)--
(i) by striking `aggravated felonies (as defined in section 101(a)(43))' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'; and
(ii) by striking `, where warranted,';
(B) in paragraph (2), by striking `aggravated felony' and all that follows through `before any scheduled hearings.' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'.
(7) Deadlines for deporting alien: Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended--
(A) by striking `(c) When a final order' and inserting `(c)(1) Subject to paragraph (2), when a final order'; and
(B) by inserting at the end the following new paragraph:
`(2) When a final order of deportation under administrative process is made
against any alien who is deportable by reason of having committed a criminal
offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any
offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses
are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30
days from the date of the order within which to effect the alien's departure
from the United States. The Attorney General shall have sole and unreviewable
discretion to waive the foregoing provision for aliens who are cooperating
with law enforcement authorities or for purposes of national security.'.
(f) Effective Date: The amendments made by this section
shall take effect on the date of enactment of this Act and shall apply to
cases pending before, on, or after such date of enactment.
[Page: S7559]
SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION
FILES THROUGH COURT ORDER.
(a) Confidentiality of Information: Section 245A(c)(5) of
the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
(1) by inserting `(i)' after `except the Attorney General'; and
(2) by inserting after `Title 13' the following: `and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used--
`(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or
`(II) for criminal law enforcement purposes against the alien whose
application is to be disclosed.'.
(b) Applications for Adjustment of Status: Section 210(b)
of the Immigration and Nationality 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) of this subsection' after `consent of the alien'; and
(2) in paragraph (6), by inserting the following sentence before `Anyone who uses': `Notwithstanding the preceding 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 for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.'.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General: Chapter 113B of title 18, United States
Code, is amended by adding at the end the following new section:
`2339B. Fundraising for terrorist organizations
`(a) Findings and Purpose:
`(1) The Congress finds that--
`(A) terrorism is a serious and deadly problem which threatens the interests of the United States overseas and within our territory;
`(B) the Nation's security interests are gravely affected by the terrorist attacks carried out overseas against United States Government facilities and officials, and against American citizens present in foreign countries;
`(C) United States foreign policy and economic interests are profoundly affected by terrorist acts overseas directed against foreign governments and their people;
`(D) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage;
`(E) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States or use the United States as a conduit for the receipt of funds raised in other nations; and
`(F) the provision of funds to organizations that engage in terrorism serves to facilitate their terrorist endeavors, regardless of whether the funds, in whole or in part, are intended or claimed to be used for nonviolent purposes.
`(2) The purpose of this section is to provide the Federal Government the
fullest possible basis, consistent with the Constitution, to prevent persons
within the United States or subject to the jurisdiction of the United States
from providing funds, directly or indirectly, to foreign organizations,
including subordinate or affiliated persons, that engage in terrorism
activities.
`(b) Designation:
`(1) The Secretary of State, after consultation with the Secretary of the Treasury, is authorized to designate under this section any foreign organization based on finding that--
`(A) the organization engages in terrorism activity as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)); and
`(B) the organization's terrorism activities threaten the security of United States citizens, national security, foreign policy, or the economy of the United States.
`(2) Not later than 7 days after making a designation under paragraph (1), the Secretary of State shall prepare and transmit to Congress a report containing a list of the designated organizations and a summary of the facts underlying the designation. The designation shall take effect 60 days after the date on which the Secretary of State submits the report, unless otherwise provided by law.
`(3) A designation or redesignation under this subsection shall be in effect for 1 year following its effective date, unless revoked under paragraph (4).
`(4)(A) If the Secretary of State, after consultation with the Secretary of the Treasury, finds that the conditions that were the basis for any designation issued under this subsection have changed in such a manner as to warrant revocation of such designation, or that the national security, foreign relations, or economic interests of the United States so warrant, the Secretary of State may revoke such designation in whole or in part.
`(B) Not later than 7 calendar days after the Secretary of State finds that an organization no longer engages in, or supports, terrorism activity, the Secretary of State shall prepare and transmit to Congress a supplemental report stating the reasons for the finding.
`(5) Any designation, or revocation of a designation, issued under this subsection shall be published in the Federal Register not later than 7 calendar days after the Secretary of State makes the designation.
`(6) Not later than 7 calendar days after making a designation under this subsection, the Secretary of State shall give the organization actual notice of--
`(A) the designation;
`(B) the consequences of the designation for the organization's ability to raise funds in the United States; and
`(C) the availability of judicial review.
`(7) Any revocation or lapsing of a designation shall not affect any action or proceeding based on any conduct committed prior to the effective date of such revocation or lapsing.
`(8) Classified information may be used in making a designation under this subsection. Such information shall not be disclosed to the public or to any party, but may be disclosed to a court ex parte and in camera.
`(9) No question concerning the validity of the issuance of a designation
issued under this subsection may be raised by a defendant in a criminal
prosecution as a defense in or as an objection to any trial or hearing if
such designation was issued and published in the Federal Register.
`(c) Judicial Review:
`(1) Organizations designated by the Secretary of State as engaging in, or supporting, terrorism activities under this section may seek review of the designation in the District Court for the District of Columbia not later than 60 days after publication of such designation in the Federal Register.
`(2) In reviewing a designation under this subsection, the court shall receive relevant oral or documentary evidence, unless the court finds that the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or considerations of undue delay, waste of time, or needless presentation of cumulative evidence, or unless its introduction or consideration is prohibited by a common law privilege or by the Constitution or laws of the United States. A party shall be entitled to present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
`(3) The judge shall authorize the introduction in camera and ex parte of any item of evidence containing classified information for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States. With respect to such evidence, the Attorney General shall submit to the court either--
`(A) a statement identifying relevant facts that the specific evidence would tend to prove; or
`(B) an unclassified summary of the specific evidence prepared in accordance with paragraph (5).
`(4)(A)(i) The Secretary of State shall have the burden of demonstrating that there are specific and articulable facts giving reason to believe that the organization engages in or supports terrorism activity (as that term is defined in section 212(a)(3)(B)).
`(ii) The organization shall have the burden of proving that its purpose is to engage in religious, charitable, literary, educational, or nonterrorism activities and that it engages in such activities.
`(iii) The Secretary shall have the burden of proving that the control group of the organization has actual knowledge that the organization or its resources are being used for terrorism activities.
`(iv) If any portion of the Secretary's evidence consists of classified information that cannot be revealed to the organization for national security reasons, the Secretary must prove these elements by clear and convincing evidence.
`(B) If the court finds, under the standards stated in subparagraph (A) that the control group of the organization has actual knowledge that the organization or its resources are being used for terrorism activities, the court shall affirm the designation of the Secretary.
`(C)(i) If the court finds by a preponderance of the evidence that the organization or its resources have been used for terrorism activities without the knowledge of the control group, but that the control group is now aware of these facts, the court may condition revocation of the designation on the control group's undertaking or completing all steps within its power to prevent the organization or its resources from being used for terrorism activities. Such steps may include--
`(I) maintaining financial records adequate to document the use of the organization's resources; and
`(II) making records available to the Secretary for inspection.
`(ii) If a designation is revoked under subsection (B)(4) and the
organization fails to comply with any condition imposed, the designation may
be reinstated by the Secretary of State upon a showing that the organization
failed to comply with the condition.
`(5)(A) The information submitted under paragraph (3)(B) shall contain an
unclassified summary of the classified information that does not pose a risk
to national security.
`(B) The judge shall approve the unclassified summary if the judge finds
that the summary is sufficient to inform the organization of the activities
described in section 212(a)(3)(B) in which the organization is alleged to
engage, and to permit the organization to defend against the designation.
`(C) The Attorney General shall cause to be delivered to the organization a
copy of the unclassified summary approved under subparagraph (B).
`(6) The court shall decide the case on the basis of the evidence on the
record as a whole, in camera or otherwise.
`(d) Prohibited Activities: It shall be unlawful for any
person within the United States, or any person subject to the jurisdiction of
the United States anywhere, to directly or indirectly, raise, receive, or
collect on behalf of, or furnish, give, transmit, transfer, or provide funds
to or for an organization or person designated by the Secretary of State
under subsection (b), or to attempt to do any of the foregoing.
`(e) Special Requirements for Financial Institutions:
`(1) Except as authorized by the Secretary of State, after consultation with the Secretary of the Treasury, by means of directives, regulations, or licenses, any financial institution that becomes aware that it has possession of or control over any funds in which an organization or person designated under subsection (b) has an interest, shall--
`(A) retain possession of or maintain control over such funds; and
`(B) report to the Secretary the existence of such funds in accordance with the regulations prescribed by the Secretary.
`(2) Any financial institution that knowingly fails to report to the Secretary the existence of such funds shall be subject to a civil penalty of $250 per day for each day that it fails to report to the Secretary--
`(A) in the case of funds being possessed or controlled at the time of the designation of the organization or person, within 10 days after the designation; and
`(B) in the case of funds whose possession of or control over arose after
the designation of the organization or person, within 10 days after the
financial institution obtained possession of or control over the funds.
`(f) Investigations: Any investigation emanating from a
possible violation of this section shall be conducted by the Attorney
General, except that investigations relating to--
`(1) a financial institution's compliance with the requirements of subsection (e); and
`(2) civil penalty proceedings authorized pursuant to subsection
(g)(2),
shall be conducted in coordination with the Attorney General by the office
within the Department of the Treasury responsible for civil penalty
proceedings authorized by this section. Any evidence of a criminal violation
of this section arising in the course of an investigation by the Secretary or
any other Federal agency shall be referred immediately to the Attorney
General for further investigation. The Attorney General shall timely notify
the Secretary of any action taken on referrals from the Secretary, and may
refer investigations to the Secretary for remedial licensing or civil penalty
action.
`(g) Penalties:
`(1) Any person who, with knowledge that the donee is a designated entity, violates subsection (d) shall be fined under this title, or imprisoned for up to ten years, or both.
`(2) Any financial institution that knowingly fails to comply with
subsection (e), or by regulations promulgated thereunder, shall be subject to
a civil penalty of $50,000 per violation, or twice the amount of money of
which the financial institution was required to retain possession or control,
whichever is greater.
`(h) Injunction:
`(1) Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act which constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.
`(2) A proceeding under this subsection is governed by the Federal Rules
of Civil Procedure, except that, if an indictment has been returned against
the respondent, discovery is governed by the Federal Rules of Criminal
Procedure.
`(i) Extraterritorial Jurisdiction: There is
extraterritorial Federal jurisdiction over an offense under this section.
`(j) Classified Information in Civil Proceedings Brought by the
United States:
`(1) Discovery of classified information by defendants: A court, upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure, to substitute an unclassified summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove. The court shall permit the United States to make a request for such authorization in the form of a written statement to be inspected by the court alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the statement of the United States shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. If the court enters an order denying relief to the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with the provisions of paragraph (3). For purposes of such an appeal, the entire text of the underlying written statement of the United States, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.
`(2) Introduction of classified information; precautions by court:
`(A) Exhibits: The United States, to prevent unnecessary or inadvertent disclosure of classified information in a civil trial or other proceeding brought by the United States under this section, may petition the court ex parte to admit, in lieu of classified writings, recordings or photographs, one or more of the following:
`(i) copies of those items from which classified information has been deleted;
`(ii) stipulations admitting relevant facts that specific classified information would tend to prove; or
`(iii) an unclassified summary of the specific classified information.
The court shall grant such a motion of the United States if the court finds that the redacted item, stipulation, or unclassified summary will provide the defendant with substantially the same ability to make his defense as would disclosure of the specific classified information.
`(B) Taking of trial testimony: During the examination of a witness in any civil proceeding brought by the United States under this section, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. Following such an objection, the court shall take suitable action to determine whether the response is admissible and, in doing so, shall take precautions to guard against the compromise of any classified information. Such action may include permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry, and requiring the defendant to provide the court with a proffer of the nature of the information the defendant seeks to elicit.
`(C) Appeal: If the court enters an order denying relief to the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (3).
`(3) Interlocutory appeal:
`(A) An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court--
`(i) authorizing the disclosure of classified information;
`(ii) imposing sanctions for nondisclosure of classified information; or
`(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information.
`(B) An appeal taken pursuant to this paragraph either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken not later than 10 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved. The court of appeals--
`(i) shall hear argument on such appeal not later than 4 days after the adjournment of the trial;
`(ii) may dispense with written briefs other than the supporting materials previously submitted to the trial court;
`(iii) shall render its decision not later than 4 days after argument on appeal; and
`(iv) may dispense with the issuance of a written opinion in rendering its decision.
`(C) An interlocutory appeal and decision under this paragraph shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error, reversal by the trial court on remand of a ruling appealed from during trial.
`(4) Construction: Nothing in this subsection shall
prevent the United States from seeking protective orders or 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 privilege.
`(k) Definitions: As used in this section--
`(1) the term `classified information' means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in paragraph (r) of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
`(2)(A) the term `control group' means the officers or agents charged with directing the affairs of the organization;
`(B) if a single officer or agent is authorized to conduct the affairs of the organization, the knowledge of the officer or agent that the organization or its resources are being used for terrorism activities shall constitute knowledge of the control group;
`(C) if a single officer or agent is a member of a group empowered to conduct the affairs of the organization but cannot conduct the affairs of the organization on his or her own authority, that person's knowledge shall not constitute knowledge by the control group unless that person's knowledge is shared by a sufficient number of members of the group so that the group with knowledge has the authority to conduct the affairs of the organization;
`(3) the term `financial institution' has the meaning prescribed in section 5312(a)(2) of title 31, United States Code, including any regulations promulgated thereunder;
`(4) the term `funds' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing;
`(5) the term `national security' means the national defense and foreign relations of the United States;
`(6) the term `person' includes an individual, partnership, association, group, corporation, or other organization;
`(7) the term `Secretary' means the Secretary of the Treasury; and
`(8) the term `United States', when used in a geographical sense, includes
all commonwealths, territories, and possessions of the United States.'.
(b) Technical Amendment: The analysis for chapter 113B of
title 18, United States Code, is amended by adding at the end the following
new item:
`2339B. Fundraising for terrorist organizations.'.
(c) Classified Information in Civil Proceedings: Section
2339B(k) of title 18, United States Code (relating to classified information
in civil proceedings brought by the United States), shall also be applicable
to civil proceedings brought by the United States under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
[Page: S7561]
SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended to read as
follows:
`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, 37, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361,
1363, 1751, 2280, 2281, 2332, or 2332a of this title or section 46502 of
title 49, or in preparation for or carrying out the concealment or an escape
from the commission of any such violation, shall be fined under this title,
imprisoned not more than 10 years, or both.'.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
SEC. 501. 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 new
section:
`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 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 Director of the Federal Bureau of Investigation, or the Director's
designee, certifies in writing to the court or magistrate judge 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 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 Director or the Director's designee, certifies in
writing 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 an authorized designee of the Director, a court may issue an order ex
parte directing a consumer reporting agency to furnish a consumer report to
the Federal Bureau of Investigation, upon a showing in camera that--
`(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, 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 the consumer to
whom such consumer reports, records, or information relate in an amount equal
to the sum of--
`(1) $100, without regard to the volume of consumer reports, records, or information involved;
`(2) any actual damages sustained by the consumer as a result of the disclosure;
`(3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and
`(4) in the case of any successful action to enforce liability under this
subsection, the costs of the action, together with reasonable attorney fees,
as determined by the court.
`(j) Disciplinary Actions for Violations: If a court
determines that any agency or department of the United States has violated
any provision of this section and the court finds that the circumstances
surrounding the violation raise questions of whether or not an officer or
employee of the agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall promptly initiate a
proceeding to determine whether or not disciplinary action is warranted
against the officer or employee who was responsible for the violation.
`(k) Good-Faith Exception: Notwithstanding any other
provision of 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.'.
[Page: S7562]
SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION
FACILITIES, PHYSICAL STORAGE FACILITIES, AND VEHICLE RENTAL FACILITIES IN
FOREIGN COUNTERINTELLIGENCE AND COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting after chapter 121 the
following new chapter:
`CHAPTER 122--ACCESS TO CERTAIN RECORDS
`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 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 Director of the Federal Bureau of Investigation or the
Director's designee (whose rank shall be no lower than Assistant Special
Agent in Charge) certifies in writing that--
`(A) such records are sought for foreign counterintelligence purposes; and
`(B) there are specific and articulable facts giving reason to believe
that the person to whom the records pertain is a foreign power or an agent of
a foreign power as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 801).
`(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) As used in this chapter--
`(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.'.
[Page: S7563]
SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMATION CONCERNING
INTERNATIONAL TERRORISM.
(a) Terrorism Abroad: Section 36 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (c), by striking `$2,000,000' and inserting `$10,000,000'; and
(2) in subsection (g), by striking `$5,000,000' and inserting
`$10,000,000.
(b) Domestic Terrorism: Title 18, United States Code, is
amended--
(1) in section 3072, by striking `$500,000' and inserting `$10,000,000'; and
(2) in section 3075, by striking `$5,000,000' and inserting
`$10,000,000'.
(c) General Reward Authority of the Attorney General:
(1) In general: Chapter 203 of title 18, United States Code, is amended by adding immediately after section 3059A the following section:
`3059B. General reward authority
`(a) Notwithstanding any other provision of law, 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 assists the Department of
Justice in performing its functions.
`(b) Not later than 30 days after authorizing a reward under this section
that exceeds $100,000, the Attorney General shall give notice to the
respective chairmen of the Committees on Appropriations and the Committees on
the Judiciary of the Senate and the House of Representatives.
`(c) A determination made by the Attorney General to authorize an award
under this section and the amount of any reward authorized shall be final and
conclusive, and not subject to judicial review.'.
Subtitle B--Intelligence and Investigation Enhancements
SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study: The Attorney General and the Director of the
Federal Bureau of Investigation shall study all applicable laws and
guidelines relating to electronic surveillance and the use of pen registers
and other trap and trace devices.
(b) Report: Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit a report to the
Congress that includes--
(1) the findings of the study conducted pursuant to subsection (a);
(2) recommendations for the use of electronic devices in conducting surveillance of terrorist or other criminal organizations, and for any modifications in the law necessary to enable the Federal Government to fulfill its law enforcement responsibilities within appropriate constitutional parameters; and
(3) a summary of efforts to use current wiretap authority, including detailed examples of situations in which expanded authority would have enabled law enforcement authorities to fulfill their responsibilities.
SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN
TERRORISM RELATED OFFENSES.
Section 2516(1) of title 18, United States Code, is amended--
(1) in paragraph (c)--
(A) by inserting before `or section 1992 (relating to wrecking trains)' the following: `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),'; and
(B) by inserting after `section 175 (relating to biological weapons),' the following: `or a felony violation under section 1028 (relating to production of false identification documentation), sections 1541, 1542, 1543, 1544, and 1546 (relating to passport and visa offenses),';
(2) by striking `and' at the end of paragraph (o), as so redesignated by section 512(a)(2);
(3) by redesignating paragraph (p), as so redesignated by section 512(a)(2), as paragraph (s); and
(4) by inserting after paragraph (o), as so redesignated by section
512(a)(2), the following new subparagraphs:
`(p) any violation of section 956 or section 960 of title 18, United States
Code (relating to certain actions against foreign nations);
`(q) any violation of section 46502 of title 49, United States Code;
and'.
SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding at the
end the following new subsection:
`(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.'.
Subtitle C--Additional Funding for Law Enforcement
SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE TO COMBAT
TERRORISM.
(a) In General: With funds made available pursuant to
subsection (b), the Attorney General shall--
(1) develop digital telephony technology;
(2) support and enhance the technical support center and tactical operations;
(3) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with terrorism cases; and
(4) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation academy.
(5) construct an FBI laboratory, provide laboratory examination support, and provide for a Command Center;
(6) make funds available to the chief executive officer of each State to carry out the activities described in subsection (d); and
(7) enhance personnel to support counterterrorism activities.
(b) Authorization of Appropriations: There are authorized
to be appropriated for the activities of the Federal Bureau of Investigation,
to help meet the increased demands for activities to combat terrorism--
(1) $300,000,000 for fiscal year 1996;
(2) $225,000,000 for fiscal year 1997;
(3) $328,000,000 for fiscal year 1998;
(4) $190,000,000 for fiscal year 1999; and
(5) $183,000,000 for fiscal year 2000.
(c) Availability of Funds:
(1) In general: Funds made available pursuant to
subsection (b), in any fiscal year, shall remain available until
expended.
(d) State Grants:
(1) In general: Any funds made available for purposes of subsection (a)(6) may be expended--
(A) by the Director of the Federal Bureau of Investigation to--
(i) hire new agents; and
(ii) expand the combined DNA Identification System (CODIS) to include Federal crimes and crimes committed in the District of Columbia; and
(B) by the Attorney General, in consultation with the Director of the Federal Bureau of Investigation to make funds available to the chief executive officer of each State to carry out the activities described in paragraph (2).
(2) Grant program:
(A) Use of funds: The executive officer of each State shall use any funds made available under paragraph (1)(B) in conjunction with units of local government, other States, or combinations thereof, to carry out all or part of a program to establish, develop, update, or upgrade--
(i) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation;
(ii) ballistics identification programs that are compatible and integrated with the Drugfire Program of the Federal Bureau of Investigation;
(iii) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and
(iv) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation.
(B) Eligibility: To be eligible to receive funds under this paragraph, a State shall require that each person convicted of a felony of a sexual nature shall provide a sample of blood, saliva, or other specimen necessary to conduct a DNA analysis consistent with the standards established for DNA testing by the Director of the Federal Bureau of Investigation.
(C) Interstate compacts: A State may enter into a compact or compacts with another State or States to carry out this subsection.
(D) Allocation: The Attorney General shall allocate funds made available under this subsection to each State based on the population of the State as reported in the most recent decennial census of the population.
SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE UNITED STATES
CUSTOMS SERVICE.
(a) In General: There are authorized to be appropriated for
the activities of the United States Customs Service, to help meet the
increased needs of the United States Customs Service--
(1) $6,000,000 for fiscal year 1996;
(2) $6,000,000 for fiscal year 1997;
(3) $6,000,000 for fiscal year 1998;
(4) $5,000,000 for fiscal year 1999; and
(5) $5,000,000 for fiscal year 2000.
(b) Availability of Funds: Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE IMMIGRATION
AND NATURALIZATION SERVICE.
(a) In General: There are authorized to be appropriated for
the activities of the Immigration and Naturalization Service, to help meet
the increased needs of the Immigration and Naturalization Service $5,000,000
for each of the fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds: Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
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SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration: With
funds made available pursuant to subsection (b), the Attorney General
shall--
(1) fund antiviolence crime initiatives;
(2) fund major violators' initiatives; and
(3) enhance or replace infrastructure.
(b) Authorization of Appropriations: There are authorized
to be appropriated to the Drug Enforcement Administration, to help meet the
increased needs of the Drug Enforcement Administration--
(1) $60,000,000 for fiscal year 1996;
(2) $70,000,000 for fiscal year 1997;
(3) $80,000,000 for fiscal year 1998;
(4) $90,000,000 for fiscal year 1999; and
(5) $100,000,000 for fiscal year 2000.
(c) Availability of Funds: Funds made available pursuant to
this section, in any fiscal year, shall remain available until expended.
SEC. 525. DEPARTMENT OF JUSTICE.
(a) In General: Subject to the availability of
appropriations, the Attorney General shall (1) hire additional Assistant
United States Attorneys, and (2) provide for increased security at
courthouses and other facilities housing Federal workers.
(b) Authorization of Additional Appropriations: There are
authorized to be appropriated for the activities of the Department of
Justice, to hire additional Assistant United States Attorneys and provide
increased security to meet the needs resulting from this Act $20,000,000 for
each of the fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 526. FUNDING SOURCE.
Notwithstanding any other provision of law, funding for authorizations
provided in this subtitle may be paid for out of the Violent Crime Reduction
Trust Fund.
SEC. 527. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL INTEREST
COMPUTER.
The United States Sentencing Commission shall review existing guideline
levels as they apply to sections 1030(a)(4) and 1030(a)(5) of Title 18,
United States Code, and report to Congress on their findings as to their
deterrent effect within 60 calendar days. Furthermore, the Commission shall
promulgate guideline amendments that will ensure that individuals convicted
under sections 1030(a)(4) and 1030(a)(5) of Title 18, United States Code, are
incarcerated for not less than 6 months.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
SEC. 601. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding at the
end the following new subsection:
`(d)(1) A 1-year period of limitation shall apply to an application for a
writ of habeas corpus by a person in custody pursuant to the judgment of a
State court. The limitation period shall run from the latest of--
`(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
`(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
`(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
`(D) the date on which the factual predicate of the claim or claims
presented could have been discovered through the exercise of due
diligence.
`(2) The time during which a properly filed application for State
post-conviction or other collateral review with respect to the pertinent
judgment or claim shall not be counted toward any period of limitation under
this subsection.'.
SEC. 602. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as
follows:
`2253. Appeal
`(a) In a habeas corpus proceeding or a proceeding under section 2255 before
a district judge, the final order shall be subject to review, on appeal, by
the court of appeals for the circuit in which the proceeding is held.
`(b) There shall be no right of appeal from a final order in a proceeding to
test the validity of a warrant to remove to another district or place for
commitment or trial a person charged with a criminal offense against the
United States, or to test the validity of such person's detention pending
removal proceedings.
`(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals from--
`(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
`(B) the final order in a proceeding under section 2255.
`(2) A certificate of appealability may issue under paragraph (1) only if
the applicant has made a substantial showing of the denial of a
constitutional right.
`(3) The certificate of appealability under paragraph (1) shall indicate
which specific issue or issues satisfy the showing required by paragraph
(2).'.
SEC. 603. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is amended to read as
follows:
`Rule 22. Habeas corpus and section 2255 proceedings
`(a) Application for the Original Writ: An application for
a writ of habeas corpus shall be made to the appropriate district court. If
application is made to a circuit judge, the application shall be transferred
to the appropriate district court. If an application is made to or
transferred to the district court and denied, renewal of the application
before a circuit judge shall not be permitted. The applicant may, pursuant to
section 2253 of