Congressional Record: June 7, 1995 (Senate) - Pages S7850 - S7877
From the Congressional Record Online via GPO Access - DOCID:cr07jn95-124cr07jn95-124 Part 5
S.735: Comprehensive Terrorism Prevention Act of 1995 - June 7, 1995
Amendment No. 1254 to Amendment No. 1199
Mr. HATCH. Madam President, on behalf of Senator Biden and myself, I
send a managers' amendment to the desk, which is agreed to by us, and
ask for its immediate consideration.
The PRESIDING OFFICER. The clerk will report the amendment.
The legislative clerk read as follows:
The Senator from Utah [Mr. Hatch], for himself and Mr.
Biden, proposes an amendment No. 1254 to amendment No. 1199.
Mr. HATCH. I ask unanimous consent that further reading of the
amendment dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
On page 5, lines 8 and 9, strike ``113 (a), (b), (c), or
(f)'' and insert ``113(a) (1), (2), (3), (6), or (7)''.
On page 5, line 20, strike ``destructs'' and insert
``obstructs''.
On page 7, line 11, insert ``intent to commit murder or any
other felony or with'' after ``assault with''.
On page 9, line 12, strike ``any manner in'' and insert
``interstate''.
On page 10, between lines 18 and 19, insert the following
new subsection:
(f) Expansion of Provision Relating to Destruction or
Injury of Property Within Special Maritime and Territorial
Jurisdiction.--Section 1363 of title 18, United States Code,
is amended by striking ``any building, structure or vessel,
any machinery or building materials and supplies, military or
naval stores, munitions of war or any structural aids or
appliances for navigation or shipping'' and inserting ``any
structure, conveyance, or other real or personal property''.
On page 13, strike lines 5 through 8 and insert the
following:
(b) Penalty for Carrying Weapons or Explosives on an
Aircraft.--Section 46505 of title 49, United States Code, is
amended--
(1) in subsection (b), by striking ``one'' and inserting
``10''; and
(2) in subsection (c), by striking ``5'' and inserting
``15''.
On page 23, line 23, strike ``2339A)'' and insert ``2339A
of title 18, United States Code)''.
On page 29, line 25, strike ``determined'' and insert
``designated''.
On page 36, line 2, strike ``item of''.
On page 48, lines 21 and 22, strike ``Notwithstanding any
other provision of law,''.
On page 60, strike lines 1 and 2, and insert ``Columbia not
later than 30 days after receipt of actual notice under
subsection (b)(6).''
On page 57, strike lines 18 and 20, and insert ``The
designation shall take effect 30 days after the receipt of
actual notice under subsection (b)(6), unless otherwise
provided by law.''
On page 93, lines 22 through 24, strike ``to--'' and all
that follows through ``(ii) expand'' and insert ``to
expand''.
On page 95, line 15, strike ``shall provide'' and insert
``shall provide to appropriate State law enforcement
officials, as designated by the chief executive officer of
the State,''.
On page 95, strike line 23 and all that follows through
page 96, line 2 and insert the following:
(D) Allocation.--(i) Of the total amount appropriated
pursuant to this section in a fiscal year--
(I) $500,000 or 0.25 percent, whichever is greater, shall
be allocated to each of the participating States; and
(II) of the total funds remaining after the allocation
under subclause (I), there shall be allocated to each State
an amount which bears the same ratio to the amount of
remaining funds described in this subparagraph as the
population of such State bears to the population of all
States.
(ii) Definition.--For purposes of this subparagraph, the
term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands, except that for purposes of the allocation
under this subparagraph, American Samoa and the Commonwealth
of the Northern Mariana Islands shall be considered as one
State and that for these purposes, 67 percent of the amounts
allocated shall be allocated to American Samoa, and 33
percent to the Commonwealth of the Northern Mariana Islands.
On page 99, line 19, insert after ``Attorneys'' the
following: ``and personnel for the Criminal Division of the
Department of Justice''.
On page 99, between lines 21 and 22, insert the following:
``(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
On page 117, lines 3 and 4, strike ``right made
retroactively applicable to cases on collateral review by the
Supreme Court'' and insert ``right that is made retroactively
applicable''.
On page 133, line 3, strike ``(a) In General.--''.
On page 133, strike lines 8 through 10 and insert the
following:
(B) in paragraph (2), by striking ``; or'' and inserting
the following: ``and the results of such use affect
interstate or foreign commerce or, in the case of a threat,
attempt, or conspiracy, would have affected interstate or
foreign commerce if such use had occurred;'';
(C) by redesignating paragraph (3) as paragraph (4);
(D) by inserting after paragraph (2) the following:
``(3) against a victim, or intended victim, that is the
United States Government, a member of the uniformed services,
or any official, officer, employee, or agent of the
legislative, executive, or judicial branches, or any
department or agency, of the United States; and''; and
(E) in paragraph (4), as redesignated, by inserting before
the comma at the end the following: ``, or is within the
United States and is used in any activity affecting
interstate or foreign commerce''.
On page 133, line 21, before the end quotation marks insert
the following: ``The preceding sentence does not apply to a
person performing an act that, as performed, is within the
scope of the person's official duties as an officer or
employee of the United States or as a member of the Armed
Forces of the United States, or to a person employed by a
contractor of the United States for performing an act that,
as performed, is authorized under the contract.''.
On page 134, strike lines 1 through 8.
On page 140, line 20, insert after ``employee,'' the
following: ``or any person assisting such an officer or
employer in the performance of official duties,''.
On page 140, line 21, strike ``their official duties,'' and
insert ``such duties or the provision of such assistance,''.
On page 141, line 1, insert ``or manslaughter as provided
in section 1113'' after ``murder''.
On page 143, between lines 15 and 16, insert the following:
(i) Clarification of Maritime Violence Jurisdiction.--
Section 2280(b)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity
takes place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
On page 147, line 19, strike ``effective date of section
801'' and insert ``date of enactment of title VII''.
On page 148, line 13, insert ``of title VII'' after ``date
of enactment''.
On page 148, line 18, insert ``of title VII'' after ``date
of enactment''.
On page 149, lines 6 and 7, strike ``effective date of
section 801'' and insert ``date of enactment of title VII''.
On page 152, strike lines 3 through 5 and insert the
following: ``Except as otherwise provided in this title, this
title and the amendments made by this title shall take effect
1 year after the date of enactment of this Act.''.
On page 160, between lines 11 and 12, insert the following:
[[Page S7851]]
SEC. 902. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
UNITED STATES PARK POLICE.
(a) In General.--There are authorized to be appropriated
from the General Fund of the Treasury for the activities of
the United States Park Police, to help meet the increased
needs of the United States Park Police, $1,000,000 for each
of the fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 903. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
ADMINISTRATIVE OFFICE OF THE UNITED STATES
COURTS.
(a) In General.--There are authorized to be appropriated
from the General Fund of the Treasury for the activities of
the Administrative Office of the United States Courts, to
help meet the increased needs of the Administrative Office of
the United States Courts, $4,000,000 for each of the fiscal
years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 904. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
UNITED STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated
from the General Fund of the Treasury for the activities of
the United States Customs Service, to help meet the increased
needs of the United States Customs Service, $10,000,000 for
each of the fiscal years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
On page 51, line 10, replace ``1252(a)'' with ``1252a''.
On page 51, line 14, insert ``of this title'' after
``section 101(a)(43)''.
Mr. HATCH. Madam President, I urge adoption of the amendment.
The PRESIDING OFFICER. Without objection, the amendment is agreed to.
So the amendment (No. 1254) was agreed to.
Mr. HATCH. I move to reconsider.
Mr. DOLE. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. BRADLEY. Madam President, I rise in support of the Comprehensive
Terrorism Prevention Act. The Oklahoma City bombing brought into sharp
focus the reality and horror of domestic terrorism in America. The
death toll of the bombing now stands at 167, making it the deadliest
mass murder in the history of the United States. This legislation will
enhance the ability of law enforcement to combat both foreign and
domestic terrorism. It is a strong, adequate response to the serious
problem of terrorism, and will provide the United States with the
necessary tools to respond to the international and domestic terrorist
threats and prosecute these despicable acts to the fullest extent of
the law.
Madam President, I had wanted to offer an amendment to this bill that
was designed to make a technical correction to the existing law banning
handgun bullets capable of piercing body armor. Law enforcement
represents the first line of defense against threats to our internal
security. My amendment therefore was designed to give the maximum level
of protection to our police officers by extending the current
composition-based ban on cop-killing bullets to provide that any bullet
capable of penetrating body armor will be banned, regardless of the
bullet's physical composition. I decided not to pursue adoption of the
amendment, however, because of my concern that it would slow action on
this important bill. I intend to offer this amendment to the next
appropriate vehicle.
Madam President, the provisions in this bill are vitally important to
our efforts to respond to international and domestic threats of
terrorism. I, therefore, fully support this bill, and I am confident
that because of our actions today, America will be more fortified
against the evils of terrorism.
Mr. PELL. Madam President. Today, as the Senate considers final
passage of S. 735, legislation designed to combat domestic and
international terrorism, I regret that I must oppose the final version
of the bill. I regret it because I believe that appropriate steps can
be taken by this Congress to add to the tools currently available to
law enforcement to combat terrorism. Especially in light of the recent,
horrific tragedy in Oklahoma City, enhancement of the ability to combat
the growing menace of terrorism is timely and necessary.
However, as Congress rushes to respond, we can not let our fervor for
action allow us to unwisely circumscribe basic protections long
enshrined in our Constitution. Unfortunately, I believe that as the
bill stands, the Senate has gone too far in changing and restricting
the application and availability of the right to appeal court decisions
under the writ of habeas corpus. This writ has been a fundamental part
of our jurisprudence since our country's founding. It is a critical
part of the means by which our system of justice guarantees that
everyone has the opportunity for a fair trial and that the rights
granted under the U.S. Constitution will be respected and enforced.
With this time-honored tradition of habeas corpus so much a part of
the bedrock legal principles which underpin our society, why are we
considering changing it all? The answer is clear and has been readily
acknowledged by the proponents of this so-called reform: they want to
expedite the execution of those who have received the death penalty. It
is that simple. There is no other driving force behind these efforts;
efforts which incidentally have been around for years now. Those who
favor the death penalty are frustrated that appeals under habeas corpus
are available for those who protest their innocence and claim they were
denied a fair trial. They argue that with an appeals process that lasts
for years, the deterrent effect of the death penalty is lost. Thus,
they want to drastically limit the ability of those convicted of crimes
and given the death penalty to appeal their convictions, despite the
fact that the sentence, if carried out, is irreversible and final.
Let me be clear. I harbor no sympathy for those appropriately found
guilty of murder and strongly believe that it is critical that they
face certain and severe punishment, including life in prison without
parole. The victims deserve no less, the criminal deserves no more.
However, I do oppose the death penalty. I do so because I believe that
the death penalty is not a conscionable punishment in a civilized
society. The reason is obvious; the death penalty once carried out
cannot be reversed if turns out that an individual really was innocent.
Indeed, I note that the last time an individual was executed in my
state of Rhode Island, it was later proved that he did not commit the
crime. It strikes me as remarkable that in a legal system which has the
death penalty, such as ours, that procedures would be sought which
limit the opportunities otherwise available for an individual to prove
his innocence. If anything, I believe that additional avenues should be
available for the proof of innocence, not fewer. But the bill before us
today does just that--it limits the rights of the accused to have their
convictions reviewed for error. This is wrong and in my opinion, a sad
day in the U.S. Senate.
Accordingly, I feel that the limited good done by the bill--by which
I mean the commendable efforts to fight terrorism--is outweighed by the
attack on habeas corpus which has been included. Interestingly enough,
efforts to limit the changes in habeas corpus to apply only to Federal
terrorism cases, the supposed reason for this bill, were rejected. The
entire habeas corpus system, meaning for both those cases brought in
State and Federal courts, has been changed. It brings into question the
true motivations behind attaching this language to this bill--a bill
that on its face has great public appeal and is being moved by a sense
of urgency given the events in Oklahoma City in April. But despite my
profound sympathy for the victims of the bombing in Oklahoma City--
indeed as well as all terrorist acts--and my desire to do something
about relieving the pain they suffer, I believe that in good
conscience, I cannot support the bill as it stands given the changes it
contains to habeas corpus.
JUDICIAL REVIEW OF CRIMINAL ALIEN CASES
Mr. KENNEDY. Madam President, section 303(e) broadens the class of
criminal aliens subject to special expedited deportation procedures and
eliminates all judicial review.
Every Member of this body is willing to take every reasonable step to
punish criminal aliens and deport them from the United States.
But the Justice Department reports that this provision is a step
backward [[Page S7852]] in our fight against crime. It disrupts strong
provisions against criminal aliens enacted in last year's crime bill
and only recently implemented through regulation. It ties the Attorney
General's hands in obtaining convictions against criminal aliens. And
it eliminates all judicial review in these cases--a major departure
from fundamental principles of due process.
This provision harms our crime fighting efforts in at least three
ways.
First, it eliminates the Attorney General's ability to target the
removal of the most serious offenders within the resources she has
available. It applies to all criminal aliens, regardless of the gravity
of their offense. Under current law, only aggravated felons--those
committing the most serious offenses--are placed in expedited
proceedings. Under this section, however, all criminal aliens must be
removed within 30 days, whether they are murderers or petty
shoplifters.
An immigrant with an American citizen wife and children sentenced to
1-year probation for minor tax evasion and fraud would be subject to
this procedure. And under this provision, he would be treated the same
as ax murderers and drug lords. INS is required to detain him. He gets
a quick deportation hearing from an immigration judge in the Justice
Department and he is out within 30 days--no judicial review, no
nothing.
Over the past 2 years, the President and Congress have increased
substantially the number of immigration officers and immigration judges
to handle these cases. As a result, over the next year, the
administration will double the number of criminal aliens deported to
more than 58,000.
But even with the additional funds, resources are still limited. The
Justice Department would be required to divert resources from the
Border Patrol, from naturalization, and from other important activities
to accommodate this provision.
The Immigration Subcommittee is now considering legislation which
will reform the criminal alien definitions. We should allow that
process to proceed, rather than make premature and drastic changes in
the current definition and due process.
The second way in which this provision harms law enforcement is that
it requires the Attorney General to detain all those in this broadened
category of criminal aliens, with no allowance for those whose home
countries will not or cannot take them back. This is the case today
with Cuba, Vietnam, and Bosnia. In these cases, the Attorney General
would be required to keep the alien in indefinite detention, even if
the offense is relatively light and the Attorney General believes the
alien would pose no danger to the community.
This is a drastic and unnecessary expense to the taxpayer. It takes
jail space and resources away from more pressing criminal enforcement.
Under this provision, a Cuban refugee convicted of shoplifting in
certain States could face life imprisonment in an INS jail.
Finally, by providing that all criminal aliens be removed within 30
days of the issuance of a deportation order, the provision ignores real
law enforcement needs. The 30-day requirement may be waived where
criminal aliens are cooperating with law enforcement as witnesses.
However, there is no allowance for other law enforcement purposes. For
example, an alien convicted and ordered deported for one offense could
not be held in the United States for trial under other offenses for
which the alien may subsequently be charged.
In the World Trade Center bombing, for example, one of the suspected
conspirators in the case was already in jail for another crime. Under
this provision, he would be subjected to mandatory deportation within
30 days of the issuance of a deportation order for the first crime, and
would not be available for prosecution under the second--and far more
serious--crime.
In addition to undermining the war on crime, this amendment virtually
eliminates the Attorney General's flexibility to grant discretionary
relief from deportation for long-time permanent residents convicted of
lesser crimes. This discretionary relief is available to permanent
residents who have resided here for at least 7 years. It is granted if
the immigration judge believes their equities in the United States--
such as American citizen spouses or children or contributions to their
communities--outweigh the gravity of their offense.
Under current law, permanent residents with aggravated felony
convictions who serve at least 5 years in prison are ineligible for
this discretionary relief from deportation. However, under this
provision, this discretionary relief would be denied to permanent
residents for carrying a concealed firearm, drug abuse, or addiction,
in which no conviction would even be required, any drug
offense involving more than 30 grams of marijuana, and other such
crimes. They could live here productively for 30 years and have an
American citizen wife and children. But for them, it is one strike and
you are out.
Similarly, refugees could also be deported to the hands of their
persecutors for relatively small offenses.
Under this provision, for example, a refugee from Rwanda could put a
bill in the mailbox and realize he forgot to put a stamp on it. When he
innocently tries to remove the letter from the mailbox and he is
arrested for tampering with the mail--a felony. Due to poor
representation, he accepts a plea bargained sentence of 1 year. To his
surprise, he is suddenly subject to expedited deportation with no
judicial review.
Under this provision, an older immigrant who came to the United
States as a child but was never naturalized gets tired of a rash of
robberies on her store and buys a firearm which she doesn't realize is
illegal. She is convicted of a felony. Even though she is married to an
American and has four U.S.-citizen children, she must be placed in
expedited deportation proceedings with no recourse to the courts.
A long-time permanent resident could decide to go fishing. He hooks
and kills what he does not realize is a rare fish, which is a strict
liability felony with a mandatory minimum of 1 year. Even though he is
married to an American and has U.S.-citizen children, he is convicted,
serves his time, and is immediately deported with no prospect for
judicial review.
These are the kinds of cases which can easily happen if this drastic
provision is allowed to stand.
Even if we accept--as this provision proposes--that virtually any
offense results in automatic deportation, the elimination of judicial
review alone would be grounds for opposing this provision. This is a
major departure from fair principles of due process.
The need for judicial review in this instance is obvious. Immigration
judges in the Justice Department make mistakes.
For example, in a recent ninth circuit case, the panel reviewed an
immigration judge's deportation order against someone convicted of drug
trafficking who claimed to be a U.S. citizen but did not have a lawyer.
The court found that the immigration judge's order was ``not based on
substantial evidence.'' In this case, a possible U.S. citizen could
have been erroneously deported if the court had not intervened.
It is because of cases such as these that the standing policy of the
American Bar Association is that legislation should not:
Limit the availability and scope of judicial review of
administrative decisions under the Immigration and
Nationality Act to less than what is provided . . . in the
Administrative Procedures Act: in particular judicial review
of . . . denials of stays of execution of exclusion or
deportation orders . . . and constitutional and statutory
writs of habeas corpus.
I had intended to offer an amendment to the counter-terrorism bill
which would correct these problems. While I will not offer the
amendment at this time, it is my hope that the grave problems of the
current language will be addressed as the bill proceeds.
The provision in the pending bill would do nothing to enhance our
ability to exclude suspected terrorists. It would impede current
efforts to remove dangerous criminal aliens. And I hope it will be
addressed at a later stage.
alien terrorist removal act
Mr. SMITH. Madam President, I rise this afternoon to commend Senators
Dole and Hatch for incorporating my bill, S. 270, the Alien Terrorist
Removal Act of 1995, into S. 735, the comprehensive antiterrorism
legislation now before the Senate. [[Page S7853]]
I also want to thank Senator Specter again for the opportunity to
testify before his Terrorism Subcommittee last month regarding my alien
terrorist removal bill.
My bill--now the alien terrorist removal title of S. 735--essentially
embodies the Smith-Simpson amendment that the Senate passed unanimously
as part of the crime bill in the last Congress. Unfortunately, certain
House Members of the conference committee insisted on the removal of
the Smith-Simpson amendment from the 1994 crime bill.
This year, however, Madam President, the Clinton administration
proposed its own substantially identical version of my bill as a part
of its omnibus antiterrorism legislation. Thus, I am confident that the
alien terrorist removal title of S. 735 will enjoy broad bipartisan
support here in the Senate, will be supported by the House as well, and
will be signed into law by the President in the next few weeks.
Let me summarize briefly for the benefit of my colleagues what the
alien terrorist removal title of S. 735 is all about. The alien
terrorist removal provisions of the bill would establish a new,
special, judicial procedure under which classified information can be
used to establish the deportability of alien terrorists.
The new procedures provided under title III of S. 735 are carefully
designed to safeguard national security interests, while at the same
time according appropriate protection to the necessarily limited
constitutional due process rights of aliens.
Under current law, Madam President, classified information cannot be
used to establish the deportability of terrorist aliens. Thus, when
there is insufficient unclassified information available to establish
the deportability of a terrorist alien, the Government faces two
equally unacceptable choices.
First, the Justice Department could declassify enough of its evidence
against the alien in question to establish his deportability.
Sometimes, however, that simply cannot be done because the classified
information in question is so sensitive that its disclosure would
endanger the lives of human sources or compromise highly sensitive
methods of intelligence gathering.
The Government's second, and equally untenable, choice would be
simply to let the terrorist alien involved remain in the United States.
Unfortunately, that is not just a hypothetical situation. It happens
in real cases. That is why the Department of
Justice--under both Republican and Democratic Presidents and Attorneys
General--has been asking for the authority granted by my bill--now
title III of S. 735--since 1988.
Utilizing the existing definitions of terrorism in the Immigration
Act of 1990 and of classified information in the Classified Information
Procedures Act, title III of S. 735 would establish a special alien
terrorist removal court made up of sitting U.S. District Judges that is
modeled on the special court that was created by the Foreign
Intelligence Surveillance Act.
Under title III of S. 735, the U.S. district judge sitting as the
special court would personally review the classified information
involved.
Without the compromising classified information, the alien in
question would be provided an unclassified summary of the classified
information involved.
Ultimately, the special court would determine whether, considering
the record as a whole, the Justice Department has proven, by clear and
convincing evidence, that the alien is a terrorist and should be
removed from the United States.
Finally, any alien ordered removed under the provisions of title III
of S. 735 would have the right to appeal to the full U.S. Court of
Appeals for the District of Columbia Circuit.
In closing, let me say that the most serious threat that our Nation
faces in the post-cold-war world is the scourge of terrorism.
Foreign terrorism came to our shores in 1993 with the World Trade
Center bombing. Tragically, with the Oklahoma City bombing in April, we
learned the bitter lesson that we face the threat of terrorism from
domestic extremists as well.
Now, this historic 104th Congress is doing its job by moving quickly
to respond to those twin threats. I urge the prompt passage of S. 735
and, once again, I commend the sponsors for incorporating my alien
terrorist removal bill into their landmark legislation.
Mr. FEINGOLD. Madam President, after the despicable attack on the
Murrah Federal building in Oklahoma City almost 2 months ago, I reacted
with the same feelings of shock and outrage as millions of other
Americans.
Those feelings run deeper than language can adequately describe. The
pictures of the ravaged building, the stories of the victims and the
families will never be forgotten.
Madam President, there should be absolutely no debate about our
national resolve to fight terrorism and to keep it from our shores. No
American wants to fear that the kind of thing that happened in Oklahoma
or at the World Trade Center in New York will occur in their hometown
or that one of their loved ones will be hurt by this kind of heinous
act.
Fighting terrorism requires that we take strong and forceful steps to
stop terrorists before they strike, and if they do strike, to
prosecute, convict and punish them.
We need to make sure that law enforcement officers have the resources
to investigate and prosecute terrorist acts; we need to give them tools
to apprehend terrorists before they strike.
There are a number of provisions of this legislation that are aimed
at achieving that goal, and I strongly support those proposals.
The bill would make available about $1.2 billion to increase law
enforcement resources to carry out these tasks. There are provisions
added during floor consideration to provide for tracer elements to be
placed in explosives to help identify where these materials are likely
to have originated. There are other provisions included in this bill
that are also likely to help us fight terrorist threats.
Nevertheless, I intend to vote against this legislation. I believe
that in the haste to respond to a national tragedy, we may be making
mistakes that will be difficult to undo.
There are a number of provisions in this legislation that are
problematic, and quite frankly, I am equally concerned about the
process which brought this measure to the floor of the Senate, the
hasty debate, and the pressure to clear the measure without
understanding the implications of what is being proposed.
The Administration proposed legislation to deal with international
terrorism earlier this year; that initial proposal was quickly reshaped
as a result of the Oklahoma City tragedy into a bill to deal with
domestic terrorism. Although hearings were held in the Judiciary
Committee, the Committee never met to debate the bill, there is no
committee report, and the measure which was called up by the leader was
drafted in private and introduced shortly before many Members left town
for the Memorial Day recess.
It has also become the vehicle for what is called ``habeas corpus
reform.'' What is described as ``reform'' is in fact an attempt to
rewrite and weaken what is known as the ``Great Writ''--the common law
instrument that allowed citizens to challenge the lawfulness of their
detention by the crown. Suddenly, habeas reform has become a tool for
fighting terrorism. I find that a stretch of the imagination. What we
have is a classic, political move to get another agenda wrapped into an
emotionally charged, moving vehicle.
In the past year, many of our basic, fundamental protections against
government intrusion contained in the Bill of Rights have been under
assault. I think many Americans are unaware that these reform movements
are in fact assaults upon fundamental rights--not just the rights of
criminals, but the rights of all Americans to be free from government
overreaching and harassment.
I spoke at some length earlier today on my very grave concerns about
how the so-called habeas reforms engrafted into this bill aimed at
speeding up executions threaten the rights of the innocent and raise
the spectre of gross miscarriage of justice taking place.
There are also a number of other provisions of this bill that I
believe are either not well thought out or misguided.
For example, last night the Senate adopted by a voice vote an
amendment [[Page S7854]] authorizing a greater role for the military in
domestic antiterrorism activities.
Provisions dealing with this issue were included in the
administration's original proposal and they were of great concern to me
and a number of Senators who do not believe that the military should be
playing a role in domestic law enforcement efforts.
Madam President, one of the hallmarks of a democratic society is the
separation of the military--whose primary function is to defend the
Nation from outside threats--from internal law enforcement
responsibilities. Military dictatorships use soldiers to enforce their
laws; democracies do not.
This country has a very closely defined set of rules, arising out of
the Bill of Rights itself and applied by our judicial system, which
guarantee due process and fairness in the administration of justice.
Law enforcement personnel are trained in carrying out these rules;
soldiers are not.
I recognized, Madam President, that a very sincere effort was made by
a number of the principal authors of these provisions to craft a very
narrow exception to the posse comitatus law, the 1878 statute which
limits the role of the military in domestic law enforcement activities.
However, I believe that both the process used to craft this amendment
and the substance of this amendment are flawed. This broadening of the
authority of the military, albeit in a narrow area, was not part of a
bill reported by the committees of jurisdiction, but rather was
introduced and voice voted within the span of a few hours last night.
There were no hearings on this specific proposal, no committee report
filed outlining the expectations of how it will operate, and no real
public debate over its provisions. Rather, we had a voice vote on
language most of us had first seen a few hours earlier.
That is not the way to deal with such a fundamental issue. There is
no reason for this hasty disposition of this kind of important issue.
Beyond the process used, I have concerns about whether the amendment
itself may operate to open the door to perhaps an even broader role for
the military than even the administration had initially proposed. The
administration's proposal did not explicitly give the military the
authority to make an arrest, although it had language about disabling
and disarming individuals that was troublesome. The amendment adopted
last night gives the Department of Justice and the Department of
Defense the
authority to promulgate regulations governing the role of the military
and provides that those regulations shall not authorize arrests by the
military except under ``exigent circumstances'' or as otherwise
authorized by law. In other words, the military is given the power to
make arrests, but the regulations will limit that authority to certain
circumstances.
Madam President, while I recognize the authority being created is
limited to cases involving biological or chemical weapons, I am
concerned that we have opened a door that may be hard to close in the
future when the case is made that the military can play a greater role,
for example, in the war on drugs or other areas which have been the
subject of heightened public concern. I do not believe that it is
necessary to give the military arrest powers within the U.S. If
military needs to be involved in a domestic investigation, I believe
that civilian law enforcement officials should be present and available
to make any arrests needed. The notion that military personnel will be
operating without accompanying civilian officials is very troubling. If
authority is needed to detain an individual until a civilian law
enforcement official arrives, arguments can be made for that authority,
but that does not justify, in my mind, granting a direct power to make
an arrest under any type of circumstances.
Madam President, in a similar vein, I am concerned about the
amendment adopted yesterday which loosens the requirements in current
law for issuance of a warrant for what is called a ``roaming'' or
``roving'' wiretap. The Fourth Amendment, in very explicit language,
requires that no search warrant may issue unless ``particularly
describing the place to be searched, and the persons or things to be
seized.''
The Fourth Amendment was written in such precise terms because the
drafters of the Constitution were aware of the practice of British
authorities of obtaining sweeping search warrants that allowed them to
search wherever and whenever they pleased. The rights of the people to
be secure in their homes from government officials barging in was not a
right recognized before the American revolution. It is perhaps a unique
American right, but it is one that many of us regard as sacrosanct.
The requirement for specificity is especially important with respect
to wire tap authority because a wire tap is particularly invasive--no
one knows that a government agent is listening to your private
conversations. The law has long required that a wire tap warrant be
very narrowly and carefully drawn. Current law allows a roaming wire
tap--that is one that moves from place to place--only where there is an
allegation that the suspect is moving form place to place with the
intent to avoid interception of the communication. The amendment
adopted strikes the ``intent'' requirement and allows such a wiretap
where the person's actions and conduct would have the effect of
thwarting interception from a specified facility. Again, this provision
opens the door to greater government powers. I am not convinced that an
adequate case has been made that this broader and potentially abusive
authority is needed.
There are other provisions of the bill that may also have problems
that I will not take the time to outline here. In sum, I
think the bill was hastily crafted and goes beyond what is needed to
deal with a terrorist threat.
Madam President, less than a year ago, I confronted this same
situation when the Clinton administration's crime bill came to a final
vote on the floor of the Senate.
Just as with this bill, there were a number of provisions in that
legislation that I supported. I supported the concept of putting more
police officers on the streets. I supported prevention programs as
sensible and cost-effective ways to head off criminal activity.
But I objected to other provisions.
I objected to the expansion of the death penalty, a form of state-
sponsored violence that few civilized nations practice. I note in
today's papers that the Supreme Court of South Africa, a nation that
has executed people for 350 years has ruled that the death penalty
violates that nation's constitution.
The pending legislation would also add new death penalties to federal
law. I oppose those provisions as well.
I also opposed some of the provisions of last year's crime bill that
I believed amounted to unnecessary and counterproductive Federal
intrusion into the war on crime, which is best fought at the State and
local level.
Because of these objections, I voted against that bill.
Because of my objections today, I am voting against this one.
I believe that we are acting in haste, making law from outrage and
not from deliberation.
I believe that despite good intentions and provisions of the bill
that would provide additional resources to law enforcement personnel
fighting terrorists, that we are not passing a thoughtful, meaningful
response to a real threat. Instead, we are rewriting habeas corpus law
because some proponents of these changes saw an opportunity in this
bill to move their agenda. We are opening the door to a greater role
for Federal Government take actions that will invade the lives of our
constituents without reasonable grounds.
When we act in haste, we multiply our chances of error and I see
errors in this bill. I cannot support it.
Mrs. MURRAY. Madam President, I rise today to speak in support of S.
735, the antiterrorism bill.
This bill poses serious dilemmas for me, and for this Congress. It
requires us to face some of the real dangers that exist in the modern
world, and it motivates us to act in the interest of protecting the
people. But it also makes us face the cost of freedoms we enjoy as
Americans.
It is disturbing to me when the Congress is faced with a decision to
increase protection for the people by chipping away at the edges of
freedom.
But in this case, the imperative is clear. We have heard many
compelling [[Page S7855]] stories on this floor about the horrors of
Oklahoma City, the tragedy of the World Trade Center. These stories are
real; they involved real Americans in today's world. I need not repeat
these stories here. Let me simply acknowledge what we all feel: These
events have shaken every American to the core of their being. To reduce
the likelihood of such events occurring in the future, and to preserve
a peaceful existence for Americans, we must act.
We must empower our law enforcement officials to zero in on terrorist
organizations, at home and abroad. This bill does that.
We must make these crimes a high priority within the judicial system,
and clearly subject terrorist activities to prosecution. This bill does
that.
We must cripple the ability of terrorists to finance their activities
in our own backyard. This bill does that.
We must draw on all the expertise of the Government, including the
military where appropriate. This bill does that.
This bill contains many provisions that will improve our ability as a
nation to prevent, combat, and prosecute against terrorist activities.
As a result of the World Trade Center and Oklahoma City bombings, we
owe it to the victims to act. As Senators in an increasingly dangerous
world, we owe it to all citizens to protect the quality of life unique
to the United States of America. Therefore, I will support S. 735.
Madam President, having said that, I must add a few concerns. I do
not think it is ever a good idea to legislate in the heat of the
moment. Cases like this are most susceptible to the laws of unintended
consequences. As we broaden the reach of law enforcement, and as we
broaden the application of penalties, we as elected officials have an
equal obligation to keep from unnerving the people we are trying to
protect. We have no idea what kind of mistakes will be made, or whose
rights will be infringed, when this bill is implemented. It will be
critically important for law enforcement officials of all types to keep
in mind the responsibilities to protect the citizens that go along with
the kind of broad new powers we are bestowing on them.
Likewise, we have to recognize the dangers of internal hatred and
anger. If there is one thing we can conclude from recent tragedies, it
is this: We must remain vigilant against extremism of all types. These
are forces that may be motivated by legitimate feelings of frustration
with the Government. But there are very clear lines that we must not
cross. Our system of Government is geared toward discourse and debate;
if we lose the ability to air out our differences through honest
debate, and if we cannot agree to disagree when we have to, the entire
country will suffer. We all have a responsibility to zealously defend
our collective rights to democratic government.
To this end, I feel strongly that all of us--politicians, activists,
citizens--have a contribution to make toward maintaining civil
discourse. We can improve the environment dramatically by simply toning
down the rhetoric. If we are going to protect constitutional democracy
and our rights as citizens to express our opinions, we have to learn to
respect each other as people.
Finally, Madam President, I would like to add a comment regarding the
amendment offered by the ranking member of the Judiciary Committee,
Senator Biden. He rightfully pointed out that this legislation takes on
an issue that is far too complicated to resolve here: habeas corpus
reform. This is the wrong time and the wrong bill on which to attempt
to resolve a debate that has raged in this country for years. As I said
before, I believe it is unwise to legislate in the heat of the moment.
By including the limits on habeas corpus in this bill, the majority is
doing just that. I believe the Senate should instead have a thorough,
thoughtful debate about habeas corpus independent of this legislation.
It is simply too important to run through the Senate on a bill narrowly
targeting antiterrorism activities.
Therefore, I support the Biden amendment. While it is obvious the
votes are not there to postpone the debate over habeas corpus to a
later time, at least the point has been made on the Senate floor.
Madam President, I hope my remarks are persuasive in pointing out the
dilemmas in passing this legislation. While we can take comfort knowing
this bill strengthens the hand of law enforcement to aggressively
pursue terrorists, none of us should take comfort in what it might mean
for innocents caught in the middle as the antiterrorism effort
intensifies. I support S. 735 with some reluctance, and sincerely hope
that authorities will use their new powers as judiciously as the spirit
of freedom implores.
Madam President, on Monday, June 5, the Senate adopted by a vote of
90-0 an amendment by the Senator from California, Senator Feinstein, to
require the use of taggants to mark materials used in the construction
of explosives. I was unavoidably detained, and therefore not present
for that vote. I apologize to the leaders for my absence; had I been
present, I would have voted ``aye'' on the Feinstein amendment. If
there is one straight-forward thing we can do to help law enforcement
investigate bombings, it is requiring the use of taggants.
Mr. WARNER. Madam President, the horrific April 19 bombing of the
Alfred P. Murrah Federal Building in Oklahoma City shocked and stunned
Americans. Every single one of us has been forced to confront the risks
and the vulnerability of our open society. The United States needs a
systematic and comprehensive counterterrorism policy to detect, deter,
prevent, and punish terrorist acts.
Congress must consider and pass an effective antiterrorism bill; we
must do so on a bipartisan basis. The problem is too dangerous to be
treated in a partisan manner. We must stand together to protect the
citizens of the United States.
One of the greatest fears that we all have for the safety of our
citizens is the use of weapons of mass destruction by terrorist
elements. As demonstrated by the recent Tokyo subway tragedy, even very
limited use of chemical agents can cause widespread death and disaster.
We must ensure that our Nation has the ability to marshall all
available assets and expertise to deal with the potential use of mass
destruction by terrorists.
For that reason, I am pleased to join in cosponsoring an amendment to
authorize Department of Defense assistance to law enforcement
authorities in emergency situations involving biological and chemical
weapons. This amendment is patterned on authority which currently
exists for the Department of Defense to provide technical assistance to
incidents involving nuclear weapons and materiel. The amendment has
been carefully drawn to limit the involvement of the military in law
enforcement activities. Indeed, we have focused on the critical need to
marshall the unique expertise of the military for use in these
catastrophic situations.
The legislation pending before the Senate today will lay the
foundation for an antiterrorism plan for America.
As the Senate considers legislation directed at antiterrorism, I am
aware that we will also consider subsequently during this session
modified anticrime legislation. I will continue to support measures
that will provide local and State officials, and law enforcement
personnel, the appropriate resources needed to combat the rising crime
rate. This week, the Federal Bureau of Investigation released
preliminary crime reports for 1994. The reports showed crime rates
dropping from the year before. The crime rate may appear to decrease
slightly, but not enough to calm the fears of many citizens. Crime will
continue to terrorize Americans until the Congress can assist the
States with adequate funds and legal tools necessary to make a drastic
reduction in the crime rate.
I have no doubt that the General Services Administration has stepped
up security at our Federal buildings as a result of the tragic events
which occurred in Oklahoma City. The House held hearings on Federal
building security shortly after the event.
As the chairman of the Subcommittee on Transportation and
Infrastructure, it is my intention to hold a hearing soon regarding
building security under the auspices of the Federal Protective Service
of the GSA.
I am increasingly concerned by recent reports which have indicated
that memos produced within GSA have indicated internal skepticism about
how reductions in the Federal Protective [[Page S7856]] Service of the
GSA could adversely affect the agency's ability to assess and analyze
Federal building security in the District of Columbia, Maryland, and
Virginia.
It is my intention to review this matter for the Senate.
Madam President, while the Senate debates the legislation before us
today, we must all realize that no legislation can make America totally
safe. An open, democratic society simply will not allow for total and
absolute security for our Nation.
Because of the freedom our society demands, we must be evervigilant
concerning possible threats to our citizens. I have always been totally
committed to maintaining the readiness of our Armed Forces whenever a
threat to our national security becomes imminent. I am also totally
committed to maintaining the readiness of our Federal, State, and local
law enforcement personnel to confront any domestic threat which may
arise anywhere in the United States.
I do have a major concern with this legislation: we must ensure that
its provisions do not violate the Constitution or place inappropriate
restrictions on the personal freedoms protected by the first amendment.
I will not support provisions which will prohibit free exercise of
religion or speech, or which impinge on the freedom of association.
Mr. CRAIG. Madam President, I abhor and condemn terrorism in any
form. Our Nation cannot tolerate terrorism--be it foreign or domestic--
and our Nation's law enforcement must have the tools it needs to fight
this menace.
There are some very important reforms in this bill that would be
helpful. They include habeas corpus reform, which is the only change
that will really have an impact in the Oklahoma City case.
I will vote for this bill in order to send a strong message of
support for those reforms to the House and any future House-Senate
conference working on this legislation.
However, for the record, my vote is not an endorsement of each and
every provision of this bill. I am not convinced that the bill before
us today is the best we can do to assist law enforcement in fighting
against terrorism, and I would like to discuss some of the specific
reservations I have.
First and foremost are potential constitutional problems such as
those relating to the sections on restricting fundraising, excluding
and deporting aliens, the new wiretapping authority we adopted last
night, and acquisition of information including consumer records.
In all fairness, there are conflicting opinions even among my
colleagues who are lawyers about whether some of these provisions will
survive court review. I have been assured that the safeguards contained
in the bill are sufficient to overcome potential constitutional
problems. For that reason, I have decided not to oppose the entire bill
on this basis. However, I remain concerned about these provisions and
would hope they can be further improved before the Senate takes action
on a final bill.
Another section of the bill that I think could be improved is the new
language relating to taggants in explosives. Although I joined a
unanimous Senate in voting for changes made on the floor during debate,
I am not by any means convinced this is the best way to approach that
issue. After the Senate acted, I was contacted by several resource-
based industries in my State suggesting concerns that had not been
raised or reviewed previously. I hope the House and any future
conference will take a close look at that section and make improvements
that will balance the interests of law enforcement with those of the
affected industries.
There are other items in this bill that I question, but those are
some of the most important, I do not think we would be sacrificing any
tools needed by law enforcement if we were to make improvements in
these sections.
I commend the majority leader and Senator Hatch for their hard work
to deliver a bill that will strengthen the hand of law enforcement in
fighting terrorism. I hope the bill will be improved as it moves
through the remaining steps of the legislative process, so that I can
vote for a truly effective package.
Mr. BIDEN. Madam President, the Oklahoma City bombing and the earlier
bombing of the World Trade Center demonstrate clearly that the United
States must respond seriously to those--whether foreign or domestic--
who seek to make their point through the mass killing of Americans.
These events demand that we examine our current laws and practices to
ensure that we are doing everything that is necessary and appropriate
to guard against the threat. We must take strong action to counteract
terrorism, both foreign and domestic.
There are steps we can take and should take.
Let me outline the key terrorism proposals from the President's bill
that are contained in the substitute we will vote on shortly. These
provisions include:
A new offense to assure Federal jurisdiction over all violent acts
which are motivated by international terrorism.
This provision will cover gaps in current Federal law--for example, a
terrorist who commits mass murder on private or State-owned property
may now be subject only to State court jurisdiction.
This offense carries a new death penalty, complementing the terrorism
death penalty in last year's crime bill.
The bill will implement an international treaty to require a
detection agent to be added to plastic explosives.
It will enhance the Government's ability to obtain consumer credit
reports and hotel/motel and vehicle rental records in foreign
intelligence investigations. It does not change the law governing such
information for domestic investigations.
It gives the Government greater ability to exclude from entering the
United States those aliens who are involved in terrorist activities.
Let me also mention the amendments offered by Democrats to add tough
law enforcement provisions to the Republican bill.
The Lieberman amendment, which was adopted, expands wiretap
authority. It gives new authority for multiple-point wiretaps provided
to Federal law enforcement.
Another Lieberman amendment, which was defeated, with no Republicans
voting for it, gives authority for emergency wiretaps--identical to
authority currently available for organized crime investigations--in
terrorist investigations.
The Feinstein amendment, which was adopted, requires taggants. It
gives authority to Secretary of the Treasury to require taggants in
explosives. Taggants assist law enforcement by providing a means to
trace the source of an explosive.
The Nunn-Thurmond-Biden-Warner amendment, also adopted, gives new
assistance against chemical and biological weapons. The posse comitatus
exception to allow the use of military to assist in the investigations
of chemical and biological weapons.
The Kerrey amendment, also adopted, increases funding for Federal
antiterrorist enforcement. It adds $262 million for ATF new explosives
investigators and for Secret Service security initiatives.
The Boxer amendment, again, adopted, increases penalties for gun and
explosives crimes. It extends statute of limitations for National
Firearms Act offenses.
A Levin amendment, adopted by the Senate, increases penalties for the
use of explosives.
A Feinstein amendment, again, adopted, prohibits the distribution of
bombmaking material intended to be used for a crime.
A Leahy amendment, first as adopted, assists victims of terrorist
attacks. It provides assistance and compensation for victims of
terrorist attacks.
The Leahy-McCain amendment, as adopted, raises special assessment on
criminal penalties.
The Specter-Simon-Kennedy amendment, as adopted, deports criminal
aliens. It enhances protection of classified information when deporting
alien terrorists.
Another Feinstein amendment, also adopted, increases international
efforts against terrorism. It prohibits arms sales to countries who are
not cooperating fully with U.S. antiterrorist efforts.
Particularly with these tough amendments now added to the bill, this
counterterrorism is a big step forward [[Page S7857]] in giving law
enforcement new tools to fight and prevent terrorism. I urge my
colleagues to support the bill.
The PRESIDING OFFICER. The Senator majority leader.
Mr. DOLE. Let me announce for my colleagues, we are going to move to
the telecommunications bill after this vote, and I understand Senator
Hollings and Senator Pressler are ready to do that. We will have
opening statements. I have an amendment that I will offer. I think the
distinguished Democratic leader has an amendment he may offer. These
amendments may be accepted. But we are trying to find a couple of bona
fide amendments that can be offered tonight and voted on in the
morning.
If that is the case, if we have a couple, we can debate those
amendments tonight and not have any more votes tonight and have those
votes in the morning.
I will assume we can find one additional amendment so this will be
the last vote tonight. Any votes that are ordered tonight will occur
probably fairly early in the morning, around 9 o'clock.
Mr. HATCH. Madam President, are the yeas and nays ordered?
The PRESIDING OFFICER. No, they have not been ordered.
Mr. HATCH. I ask for the yeas and nays on final passage.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The yeas and nays were ordered.
The PRESIDING OFFICER. The question now occurs on agreeing to
amendment No. 1199, as amended.
So the amendment (No. 1199), as amended, was agreed to.
The PRESIDING OFFICER. The question is on the engrossment and third
reading of the bill.
The bill was ordered to be engrossed for a third reading and was read
the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, shall it pass? The yeas and nays have been ordered. The
clerk will call the roll.
The legislative clerk called the roll.
Mr. FORD. I announce that the Senator from North Dakota [Mr. Conrad]
is necessarily absent.
The PRESIDING OFFICER. Are there any other Senators in the Chamber
who desire to vote?
The result was announced--yeas 91, nays 8, as follows:
[Rollcall Vote No. 242 Leg.]
YEAS--91
Abraham
Akaka
Ashcroft
Baucus
Bennett
Biden
Bingaman
Bond
Boxer
Bradley
Breaux
Brown
Bryan
Bumpers
Burns
Byrd
Campbell
Chafee
Coats
Cochran
Cohen
Coverdell
Craig
D'Amato
Daschle
DeWine
Dodd
Dole
Domenici
Dorgan
Exon
Faircloth
Feinstein
Ford
Frist
Glenn
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Harkin
Hatch
Heflin
Helms
Hollings
Hutchison
Inhofe
Inouye
Jeffords
Johnston
Kassebaum
Kempthorne
Kennedy
Kerrey
Kerry
Kohl
Kyl
Lautenberg
Leahy
Levin
Lieberman
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Murkowski
Murray
Nickles
Nunn
Pressler
Pryor
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Shelby
Simpson
Smith
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Warner
NAYS--8
Feingold
Hatfield
Moseley-Braun
Moynihan
Packwood
Pell
Simon
Wellstone
NOT VOTING--1
Conrad
So the bill (S. 735), as amended, was passed as follows:
S. 735
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive 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.
Sec. 108. Increased periods of limitation for National Firearms Act
violations.
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. Authorization of additional appropriations for the Department
of the Treasury.
Sec. 527. Funding source.
Sec. 528. 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. [[Page S7858]]
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 and requirements for tagging of explosive materials,
and study and recommendations for rendering explosive
components inert and imposing controls on precursors of
explosives.
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. Prohibition on distribution of information relating to
explosive materials for a criminal purpose.
Sec. 902. Designation of Cartney Koch McRaven Child Development Center.
Sec. 903. Foreign air travel safety.
Sec. 904. Proof of citizenship.
Sec. 905. Cooperation of fertilizer research centers.
Sec. 906. Special assessments on convicted persons.
Sec. 907. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United States
antiterrorism efforts.
Sec. 908. Authority to request military assistance with respect to
offenses involving biological and chemical weapons.
Sec. 909. Revision to existing authority for multipoint wiretaps.
Sec. 910. Authorization of additional appropriations for the United
States Park Police.
Sec. 911. Authorization of additional appropriations for the
Administrative Office of the United States Courts.
Sec. 912. Authorization of additional appropriations for the United
States Customs Service.
Sec. 913. Severability.
TITLE X--VICTIMS OF TERRORISM ACT
Sec. 1001. Title.
Sec. 1002. Authority to provide assistance and compensation to victims
of terrorism.
Sec. 1003. Funding of compensation and assistance to victims of
terrorism, mass violence, and crime.
Sec. 1004. Crime victims fund amendments.
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:
``Sec. 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), (1), (2), (3), (6), or (7), 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 obstructs, 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 intent to commit murder or any other
felony or 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 interstate 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)''.
(f) Expansion of Provision Relating to Destruction or
Injury of Property Within [[Page S7859]] Special Maritime and
Territorial Jurisdiction.--Section 1363 of title 18, United
States Code, is amended by striking ``any building, structure
or vessel, any machinery or building materials and supplies,
military or naval stores, munitions of war or any structural
aids or appliances for navigation or shipping'' and inserting
``any structure, conveyance, or other real or personal
property''.
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:
``Sec. 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 of title 49, United States Code, is
amended--
(1) in subsection (b), by striking ``one'' and inserting
``10''; and
(2) in subsection (c), by striking ``5'' and inserting
``15''.
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. The court may order a fine of not more than
the greater of $100,000 or the cost of repairing or replacing
any property that is damaged or destroyed.
``(2) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes personal injury to any person, including
any public safety officer performing duties, shall be
imprisoned not less than 7 years and not more than 40 years.
The court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property
that is damaged or destroyed.
``(3) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes the death of any person, including any
public safety officer performing duties, shall be imprisoned
for a term of years or for life, or sentenced to death. The
court may order a fine of not more than the greater of
$200,000 or the cost of repairing or replacing any property
that is damaged or destroyed.''.
(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''.
SEC. 108. INCREASED PERIODS OF LIMITATION FOR NATIONAL
FIREARMS ACT VIOLATIONS.
Section 6531 of the Internal Revenue Code of 1986 is
amended--
(1) by redesignating paragraphs (1) through (8) as
subparagraphs (A) through (H), respectively; and
(2) by amending the matter immediately preceding
subparagraph (A), as redesignated, to read as follows: ``No
person shall be prosecuted, tried, or punished for any
criminal offense under the internal revenue laws unless the
indictment is found or the information instituted not later
than 3 years after the commission of the offense, except that
the period of limitation shall be--
``(1) 5 years for offenses described in section 5861
(relating to firearms and other devices); and
``(2) 6 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.
``(a) Prohibition.--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''. [[Page S7860]]
``(b) Waiver.--Assistance prohibited by this section 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.''.
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.''.
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 To Procure Explosives
Detection Devices and Other Counterterrorism Technology.--(1)
Subject to section 575(b), up to $3,000,000 in any fiscal
year may be made available--
(A) to procure explosives detection devices and other
counterterrorism technology; and
(B) for joint counterterrorism research and development
projects on such technology conducted with NATO and major
non-NATO allies under the auspices of the Technical Support
Working Group of the Department of State.
(2) As used in this subsection, the term ``major non-NATO
allies'' means those countries designated as major non-NATO
allies for purposes of section 2350a(i)(3) of title 10,
United States Code.
(c) 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 of title 18, United States Code) 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 [[Page S7861]] 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 designated by the Secretary of State, after
consultation with the Secretary of the Treasury.''.
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 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 [[Page S7862]] that does not pose a risk to
national security.
``(B) The judge shall approve the summary within 15 days of
submission 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 provide the
alien with substantially the same ability to make his defense
as would disclosure of the classified information.
``(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 pursuant to subparagraph (B), the Department of
Justice shall be afforded 15 days 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 within 15 days of its submission pursuant to
subparagraph (B), the special removal hearing shall be
terminated unless the court, within that time, after
reviewing the classified information in camera and ex parte,
issues written findings that--
``(i) the alien's continued presence in the United States
would likely cause--
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(ii) provision of either the classified information or an
unclassified summary that meets the standard set forth in
subparagraph (B) would likely cause--
``(I) serious and irreparable harm to the national
security; or
``(II) death or serious bodily injury to any person; and
``(iii) the unclassified summary prepared by the Justice
Department is adequate to allow the alien to prepare a
defense.
``(F) If the court issues such findings, the special
removal proceeding shall continue, and the Attorney General
shall cause to be delivered to the alien within 15 days of
the issuance of such findings a copy of the unclassified
summary together with a statement that it meets the standard
set forth in subparagraph (E)(iii).
``(G)(i) Within 10 days of filing of the appealable order
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 made by the judge concerning the
requirements set forth in subparagraph (B).
``(II) any determination made by the judge concerning the
requirements set forth in subparagraph (E).
``(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, but no later than 30 days after
filing of the appeal.
``(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.''.
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 [[Page S7863]]
``(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, except that any proceeding conducted under this
section which involves the use of classified evidence shall
be conducted in accordance with the procedures of section 
