Congressional Record: May 25, 1995 (Senate) - Pages S7553 - S7570
From the Congressional Record Online via GPO Access - DOCID:cr25my95-143
S.735: Comprehensive Terrorism Prevention Act of 1995
[Congressional Record: May 25, 1995 (Senate)]
[Page S7553-S7570]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr25my95-143]
______
DOLE (AND OTHERS) AMENDMENT NO. 1199
Mr. HATCH (for Mr. Dole for himself, Mr. Hatch, Mr. Nickles, Mr.
Inhofe, Mr. Gramm, Mr. Brown, Mr. Thurmond, Mr. Simpson, Mr. DeWine and
Mr. Kyl) proposed an amendment to the bill S. 735, supra; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Comprehensive Terrorism
Prevention Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Increased penalty for conspiracies involving explosives.
Sec. 102. Acts of terrorism transcending national boundaries.
Sec. 103. Conspiracy to harm people and property overseas.
Sec. 104. Increased penalties for certain terrorism crimes.
Sec. 105. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of
violence.
Sec. 106. Penalty for possession of stolen explosives.
Sec. 107. Enhanced penalties for use of explosives or arson crimes.
TITLE II--COMBATING INTERNATIONAL TERRORISM
Sec. 201. Findings.
Sec. 202. Prohibition on assistance to countries that aid terrorist
states.
Sec. 203. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 204. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 205. Antiterrorism assistance.
Sec. 206. Jurisdiction for lawsuits against terrorist states.
Sec. 207. Report on support for international terrorists.
Sec. 208. Definition of assistance.
Sec. 209. Waiver authority concerning notice of denial of application
for visas.
Sec. 210. Membership in a terrorist organization as a basis for
exclusion from the United States under the Immigration
and Nationality Act.
TITLE III--ALIEN REMOVAL
Sec. 301. Alien terrorist removal.
Sec. 302. Extradition of aliens.
Sec. 303. Changes to the Immigration and Nationality Act to facilitate
removal of alien terrorists.
Sec. 304. Access to certain confidential immigration and naturalization
files through court order.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
Sec. 401. Prohibition on terrorist fundraising.
Sec. 402. Correction to material support provision.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
Sec. 501. Disclosure of certain consumer reports to the Federal Bureau
of Investigation for foreign counterintelligence
investigations.
Sec. 502. Access to records of common carriers, public accommodation
facilities, physical storage facilities, and vehicle
rental facilities in foreign counterintelligence and
counterterrorism cases.
Sec. 503. Increase in maximum rewards for information concerning
international terrorism. [[Page S7554]]
Subtitle B--Intelligence and Investigation Enhancements
Sec. 511. Study and report on electronic surveillance.
Sec. 512. Authorization for interceptions of communications in certain
terrorism related offenses.
Sec. 513. Requirement to preserve evidence.
Subtitle C--Additional Funding for Law Enforcement
Sec. 521. Federal Bureau of Investigation assistance to combat
terrorism.
Sec. 522. Authorization of additional appropriations for the United
States Customs Service.
Sec. 523. Authorization of additional appropriations for the
Immigration and Naturalization Service.
Sec. 524. Drug Enforcement Administration.
Sec. 525. Department of Justice.
Sec. 526. Funding source.
Sec. 527. Deterrent against terrorist activity damaging a Federal
interest computer.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
Sec. 601. Filing deadlines.
Sec. 602. Appeal.
Sec. 603. Amendment of Federal Rules of Appellate Procedure.
Sec. 604. Section 2254 amendments.
Sec. 605. Section 2255 amendments.
Sec. 606. Limits on second or successive applications.
Sec. 607. Death penalty litigation procedures.
Sec. 608. Technical amendment.
Subtitle B--Criminal Procedural Improvements
Sec. 621. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 622. Expansion of territorial sea.
Sec. 623. Expansion of weapons of mass destruction statute.
Sec. 624. Addition of terrorism offenses to the RICO statute.
Sec. 625. Addition of terrorism offenses to the money laundering
statute.
Sec. 626. Protection of current or former officials, officers, or
employees of the United States.
Sec. 627. Addition of conspiracy to terrorism offenses.
Sec. 628. Clarification of Federal jurisdiction over bomb threats.
TITLE VII--MARKING OF PLASTIC EXPLOSIVES
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Requirement of detection agents for plastic explosives.
Sec. 704. Criminal sanctions.
Sec. 705. Exceptions.
Sec. 706. Investigative authority.
Sec. 707. Effective date.
Sec. 708. Study on tagging of explosive materials.
TITLE VIII--NUCLEAR MATERIALS
Sec. 801. Findings and purpose.
Sec. 802. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
TITLE IX--MISCELLANEOUS PROVISIONS
Sec. 901. Severability.
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), (b), (c), or (f), 114, 1111, 1112, 1201, or
1363 shall be punished as prescribed in subsection (c).
``(2) Whoever threatens, attempts, or conspires to commit
an offense under paragraph (1) shall be punished under
subsection (c).
``(b) Jurisdictional Bases.--
``(1) This section applies to conduct described in
subsection (a) if--
``(A) the mail, or any facility utilized in interstate
commerce, is used in furtherance of the commission of the
offense;
``(B) the offense destructs, delays, or affects interstate
or foreign commerce in any way or degree, or would have
obstructed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
``(C) the victim or intended victim is the United States
Government or any official, officer, employee, or agent of
the legislative, executive, or judicial branches, or of any
department or agency, of the United States;
``(D) the structure, conveyance, or other real or personal
property was in whole or in part owned, possessed, or used
by, or leased to the United States, or any department or
agency thereof;
``(E) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil
below, and artificial islands and fixed structures erected
thereon) of the United States; or
``(F) the offense is committed in places within the United
States that are in the special maritime and territorial
jurisdiction of the United States.
``(2) Jurisdiction shall exist over all principals,
coconspirators, and accessories after the fact, of an offense
under subsection (a) if at least one of the circumstances
described in paragraph (1) is applicable to at least one
offender.
``(c) Penalties.--
``(1) Whoever violates this section shall, in addition to
the punishment provided for any other crime charged in the
indictment, be punished--
``(A) if death results to any person, by death, or by
imprisonment for any term of years or for life;
``(B) for kidnapping, by imprisonment for any term of years
or for life;
``(C) for maiming, by imprisonment for not more than 35
years;
``(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for not
more than 30 years;
``(E) for destroying or damaging any structure, conveyance,
or other real or personal property, by imprisonment for not
more than 25 years;
``(F) for attempting or conspiring to commit the offense,
for any term of years up to the maximum punishment that would
have applied had the offense been completed; and
``(G) for threatening to commit the offense, by
imprisonment for not more than 10 years.
``(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section.
``(d) Limitation on Prosecution.--No indictment for any
offense described in this section shall be sought by the
United States except after the Attorney General, or the
highest ranking subordinate of the Attorney General with
responsibility for criminal prosecutions, has made a written
certification that, in the judgment of the certifying
official--
``(1) such offense, or any activity preparatory to its
commission, transcended national boundaries; and
``(2) the offense appears to have been intended to coerce,
intimidate, or retaliate against a government or a civilian
population, including any segment thereof.
``(e) Investigative Responsibility.--Violations of this
section shall be investigated by the Federal Bureau of
Investigation. Nothing in this section shall be construed to
interfere with the authority of the United States Secret
Service under section 3056, or with its investigative
authority with respect to sections 871 and 879.
``(f) Evidence.--In a prosecution under this section, the
United States shall not be required to prove knowledge by any
defendant of a jurisdictional base alleged in the indictment.
``(g) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over--
``(1) any offense under subsection (a); and
``(2) conduct that, under section 3, renders any person an
accessory after the fact to an offense under subsection (a).
``(h) Definitions.--As used in this section--
``(1) the term `commerce' has the meaning given such term
in section 1951(b)(3);
``(2) the term `facility utilized in any manner in
commerce' includes means of transportation, communication,
and transmission;
``(3) the term `national of the United States' has the
meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
``(4) the term `serious bodily injury' has the meaning
given such term in section 1365(g)(3); and
``(5) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law.''.
(c) Technical Amendment.--The chapter analysis for Chapter
113B of title 18, United States Code, is amended by inserting
after the item relating to section 2332a, the following new
item:
``2332b. Acts of terrorism transcending national boundaries.''.
(d) Statute of Limitations Amendment.--Section 3286 of
title 18, United States Code, is amended--
(1) by striking ``any offense'' and inserting ``any
noncapital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a''; and
(5) by inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(e) Presumptive Detention.--Section 3142(e) of title 18,
United States Code, is [[Page S7555]] amended by inserting
``or section 2332b'' after ``section 924(c)''.
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(b) of title 49, United States Code,
is amended by striking ``one'' and inserting ``ten''.
SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE
MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT
A CRIME OF VIOLENCE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(n) Whoever knowingly transfers an explosive material,
knowing or having reasonable cause to believe that such
explosive material will be used to commit a crime of violence
(as defined in section 924(c)(3)) or drug trafficking crime
(as defined in section 924(c)(2)) shall be imprisoned for not
less than 10 years, fined under this title, or both.''.
SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES.
Section 842(h) of title 18, United States Code, is amended
to read as follows:
``(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell,
dispose of, pledge, or accept as security for a loan, any
stolen explosive material that is moving in, part of,
constitutes, or has been shipped or transported in,
interstate or foreign commerce, either before or after such
material was stolen, knowing or having reasonable cause to
believe that the explosive material was stolen.''.
SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON
CRIMES.
Section 844 of title 18, United States Code, is amended--
(1) in subsection (e), by striking ``five'' and inserting
``10'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other personal or real
property in whole or in part owned or possessed by, or leased
to, the United States, or any department or agency thereof,
shall be imprisoned for not less than 5 years and not more
than 20 years, fined the greater of $100,000 or the cost of
repairing or replacing any property that is damaged or
destroyed, or both.
``(2) Whoever engages in conduct prohibited by this
subsection shall be imprisoned not less than 7 years and not
more than 40 years, fined the greater of $200,000 or the cost
of repairing or replacing any property that is damaged or
destroyed, or both, if the conduct results in personal injury
to any person, including any public safety officer performing
duties, as a direct or proximate result of such conduct.
``(3) Whoever engages in conduct prohibited by this
subsection shall be imprisoned for any term of years, for
life, or sentenced to death, fined the greater of $200,000 or
the cost of repairing or replacing any property that is
damaged or destroyed, or both, if the conduct results in
death to any person, including any public safety officer
performing duties, as a direct or proximate result of such
conduct.'';
(4) in subsection (h)--
(A) in the first sentence by striking ``5 years but not
more than 15 years'' and inserting ``10 years''; and
(B) in the second sentence by striking ``10 years but not
more than 25 years'' and inserting ``20 years''; and
(5) in subsection (i)--
(A) by striking ``not more than 20 years, fined the greater
of a fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'' and
inserting ``not less than 5 years and not more than 20 years,
fined the greater of $100,000 or the cost of repairing or
replacing any property that is damaged or destroyed'';
(B) by striking ``not more than 40 years, fined the greater
of a fine under this title or the cost of repairing or
replacing any property that is damaged or destroyed,'' and
inserting ``not less than 7 years and not more than 40 years,
fined the greater of $200,000 or the cost of repairing or
replacing any property that is damaged or destroyed''; and
(C) by striking ``7 years'' and inserting ``10 years''.
TITLE II--COMBATING INTERNATIONAL TERRORISM
SEC. 201. FINDINGS.
The Congress finds that--
(1) international terrorism is among the most serious
transnational threats faced by the United States and its
allies, far eclipsing the dangers posed by population growth
or pollution;
(2) the President should continue to make efforts to
counter international terrorism a national security priority;
(3) because the United Nations has been an inadequate forum
for the discussion of cooperative, multilateral responses to
the threat of international terrorism, the President should
undertake immediate efforts to develop effective multilateral
responses to international terrorism as a complement to
national counterterrorist efforts;
(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle, and
destroy international infrastructure used by international
terrorists, including overseas terrorist training facilities
and safe havens;
(5) the Congress deplores decisions to ease, evade, or end
international sanctions on state sponsors of terrorism,
including the recent decision by the United Nations Sanctions
Committee to allow airline flights to and from Libya despite
Libya's noncompliance with United Nations resolutions; and
(6) the President should continue to undertake efforts to
increase the international isolation of state sponsors of
international terrorism, including efforts to strengthen
international sanctions, and should oppose any future
initiatives to ease sanctions on Libya or other state
sponsors of terrorism.
SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620F the
following new section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID
TERRORIST STATES.
``No assistance under this Act shall be provided to the
government of any country that provides assistance to the
government of any other country for which the Secretary of
State has made a determination under section 620A.''.
SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620G the
following new section:
``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT
PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--No assistance under this Act shall be
provided to the government of any country that provides
lethal military equipment to a country the government of
which the Secretary of State has determined is a terrorist
government for the purposes of 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A
of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).
``(2) Applicability.--The prohibition under this section
with respect to a foreign government shall terminate 1 year
after that government ceases to provide lethal military
equipment. This section applies with respect to lethal
military equipment provided under a contract entered into
after the date of enactment of this Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished [[Page S7556]] 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.--Notwithstanding any
other provision of law (except section 620A of the Foreign
Assistance Act of 1961) up to $1,000,000 in assistance may be
provided to a foreign country for counterterrorism efforts in
any fiscal year if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or
the life and property of any United States citizen, or
furthering the apprehension of any individual involved in any
act of terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not
later than 15 days prior to the provision of such assistance.
SEC. 206. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain
Cases.--Section 1605 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking the period at the end of paragraph (6) and
inserting ``; or'' and
(B) by adding at the end the following new paragraph:
``(7) not otherwise covered by paragraph (2) in which money
damages are sought against a foreign government for personal
injury or death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
the provision of material support or resources (as defined in
section 2339A) for a person carrying out such an act, by a
foreign state or by any official, employee, or agent of such
foreign state while acting within the scope of his or her
office, employment, or agency, except that--
``(A) the claimant must first afford the foreign state a
reasonable opportunity to arbitrate the claim in accordance
with accepted international rules of arbitration; and
``(B) an action under this paragraph shall not be
maintained unless the act upon which the claim is based--
``(i) occurred while the individual bringing the claim was
a national of the United States (as that term is defined in
section 101(a)(2) of the Immigration and Nationality Act);
and
``(ii) occurred while the foreign state was designated as a
state sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 App. U.S.C. 2405(j)) or
section 620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371).''; and
(2) by adding at the end the following new subsection:
``(e) For purposes of paragraph (7)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991 (28 U.S.C. 350 note);
``(2) the term `hostage taking' has the meaning given such
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
such term in Article 1 of the Convention for the Suppression
of Unlawful Acts Against the Safety of Civil Aviation.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, or''; and
(B) by adding at the end the following new paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon
which the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of such
title is amended--
(A) by striking ``or (5)'' and inserting ``(5), or (7)'';
and
(B) by striking ``used for the activity'' and inserting
``involved in the act''.
(c) Applicability.--The amendments made by this title shall
apply to any cause of action arising before, on, or after the
date of the enactment of this Act.
SEC. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS.
Not later than 60 days after the date of enactment of this
Act, and annually thereafter in the report required by
section 140 of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the Secretary
of State shall submit a report to the Speaker of the House of
Representatives and the Committee on Foreign Relations of the
Senate that includes--
(1) a detailed assessment of international terrorist groups
including their--
(A) size, leadership, and sources of financial and
logistical support;
(B) goals, doctrine, and strategy;
(C) nature, scope, and location of human and technical
infrastructure;
(D) level of education and training;
(E) bases of operation and recruitment;
(F) operational capabilities; and
(G) linkages with state and non-state actors such as ethnic
groups, religious communities, or criminal organizations;
(2) a detailed assessment of any country that provided
support of any type for international terrorism, terrorist
groups, or individual terrorists, including countries that
knowingly allowed terrorist groups or individuals to transit
or reside in their territory, regardless of whether terrorist
acts were committed on their territory by such individuals;
(3) a detailed assessment of individual country efforts to
take effective action against countries named in section 6(j)
of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), including the status of compliance with
international sanctions and the status of bilateral economic
relations; and
(4) United States Government efforts to implement this
title.
SEC. 208. DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term ``assistance'' means assistance to or for the
benefit of a government of any country that is provided by
grant, concessional sale, guaranty, insurance, or by any
other means on terms more favorable than generally available
in the applicable market, whether in the form of a loan,
lease, credit, debt relief, or otherwise, including subsidies
for exports to such country and favorable tariff treatment of
articles that are the growth, product, or manufacture of such
country; and
(2) the term ``assistance'' does not include assistance of
the type authorized under chapter 9 of part 1 of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance).
SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF
APPLICATION FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8
U.S.C. 1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(3) by inserting at the end the following paragraph:
``(2) With respect to applications for visas, the Secretary
of State may waive the application of paragraph (1) in the
case of a particular alien or any class or classes of
excludable aliens, except in cases of intent to immigrate.''.
SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS
FOR EXCLUSION FROM THE UNITED STATES UNDER THE
IMMIGRATION AND NATIONALITY ACT.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) by striking ``or'' at the end of subclause (I);
(B) by inserting ``or'' at the end of subclause (II); and
(C) by inserting after subclause (II) the following new
subclause:
``(III) is a member of a terrorist organization or who
actively supports or advocates terrorist activity,'';
and [[Page S7557]]
(2) by adding at the end the following new clause:
``(iv) Terrorist organization defined.--As used in this
subparagraph, the term `terrorist organization' means an
organization that engages in, or has engaged in, terrorist
activity as determined by the Secretary of State, after
consultation with the Secretary of the Treasury.''.
TITLE III--ALIEN REMOVAL
SEC. 301. ALIEN TERRORIST REMOVAL.
(a) Table of Contents.--The Immigration and Nationality Act
is amended by adding at the end of the table of contents the
following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``501. Definitions.
``502. Applicability.
``503. Removal of alien terrorists.''.
(b) Alien Terrorist Removal.--The Immigration and
Nationality Act is amended by adding at the end the following
new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same
meaning as defined in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App. IV);
``(3) the term `national security' has the same meaning as
defined in section 1(b) of the Classified Information
Procedures Act (18 U.S.C. App. IV);
``(4) the term `special court' means the court described in
section 503(c); and
``(5) the term `special removal hearing' means the hearing
described in section 503(e).
``SEC. 502. APPLICABILITY.
``(a) In General.--The provisions of this title may be
followed in the discretion of the Attorney General whenever
the Department of Justice has classified information that an
alien described in section 241(a)(4)(B) is subject to
deportation because of such section.
``(b) Procedures.--Whenever an official of the Department
of Justice files, under section 503(a), an application with
the court established under section 503(c) for authorization
to seek removal pursuant to this title, the alien's rights
regarding removal and expulsion shall be governed solely by
the provisions of this title, except as specifically
provided.
``SEC. 503. REMOVAL OF ALIEN TERRORISTS.
``(a) Application for Use of Procedures.--This section
shall apply whenever the Attorney General certifies under
seal to the special court that--
``(1) the Attorney General or Deputy Attorney General has
approved of the proceeding under this section;
``(2) an alien terrorist is physically present in the
United States; and
``(3) removal of such alien terrorist by deportation
proceedings described in sections 242, 242A, or 242B would
pose a risk to the national security of the United States
because such proceedings would disclose classified
information.
``(b) Custody and Release Pending Hearing.--(1) The
Attorney General may take into custody any alien with respect
to whom a certification has been made under subsection (a),
and notwithstanding any other provision of law, may retain
such alien in custody in accordance with this subsection.
``(2)(A) An alien with respect to whom a certification has
been made under subsection (a) shall be given a release
hearing before the special court designated pursuant to
subsection (c).
``(B) The judge shall grant the alien release, subject to
such terms and conditions prescribed by the court (including
the posting of any monetary amount), pending the special
removal hearing if--
``(i) the alien is lawfully present in the United States;
``(ii) the alien demonstrates that the alien, if released,
is not likely to flee; and
``(iii) the alien demonstrates that release of the alien
will not endanger national security or the safety of any
person or the community.
``(C) The judge may consider classified information
submitted in camera and ex parte in making a determination
whether to release an alien pending the special hearing.
``(c) Special Court.--(1) The Chief Justice of the United
States shall publicly designate not more than 5 judges from
up to 5 United States judicial districts to hear and decide
cases arising under this section, in a manner consistent with
the designation of judges described in section 103(a) of the
Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)).
``(2) The Chief Justice may, in the Chief Justice's
discretion, designate the same judges under this section as
are designated pursuant to section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
``(d) Invocation of Special Court Procedure.--(1) When the
Attorney General makes the application described in
subsection (a), a single judge of the special court shall
consider the application in camera and ex parte.
``(2) The judge shall invoke the procedures of subsection
(e) if the judge determines that there is probable cause to
believe that--
``(A) the alien who is the subject of the application has
been correctly identified and is an alien as described in
section 241(a)(4)(B); and
``(B) a deportation proceeding described in section 242,
242A, or 242B would pose a risk to the national security of
the United States because such proceedings would disclose
classified information.
``(e) Special Removal Hearing.--(1) Except as provided in
paragraph (5), the special removal hearing authorized by a
showing of probable cause described in subsection (d)(2)
shall be open to the public.
``(2) The alien shall have a reasonable opportunity to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled
to have counsel assigned to represent such alien. Counsel may
be appointed as described in section 3006A of title 18,
United States Code.
``(3) The alien shall have a reasonable opportunity to
introduce evidence on his own behalf, and except as provided
in paragraph (5), shall have a reasonable opportunity to
cross-examine any witness or request that the judge issue a
subpoena for the presence of a named witness.
``(4)(A) An alien subject to removal under this section
shall have no right--
``(i) of discovery of information derived from electronic
surveillance authorized under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 801 et seq.) or otherwise
for national security purposes if disclosure would present a
risk to the national security; or
``(ii) to seek the suppression of evidence that the alien
alleges was unlawfully obtained, except on grounds of
credibility or relevance.
``(B) The Government is authorized to use, in the removal
proceedings, the fruits of electronic surveillance and
unconsented physical searches authorized under the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 801 et seq.)
without regard to subsections 106 (c), (e), (f), (g), and (h)
of such Act.
``(C) Section 3504 of title 18, United States Code, shall
not apply to procedures under this section if the Attorney
General determines that public disclosure would pose a risk
to the national security of the United States because it
would disclose classified information.
``(5) The judge shall authorize the introduction in camera
and ex parte of any item of evidence for which the Attorney
General determines that public disclosure would pose a risk
to the national security of the United States because it
would disclose classified information. With respect to such
evidence, the Attorney General shall submit to the court an
unclassified summary of the specific evidence prepared in
accordance with paragraph (6).
``(6)(A) The information submitted under paragraph (5)(B)
shall contain an unclassified summary of the classified
information that does not pose a risk to national security.
``(B) The judge shall approve the summary if the judge
finds that it is sufficient to inform the alien of the nature
of the evidence that such person is an alien as described in
section 241(a), and to permit the alien to prepare a defense.
``(C) The Attorney General shall cause to be delivered to
the alien a copy of the unclassified summary approved under
subparagraph (B).
``(D) If the written unclassified summary is not approved
by the court, the Department of Justice shall be afforded
reasonable opportunity to correct the deficiencies identified
by the court and submit a revised unclassified summary.
``(E) If the revised unclassified summary is not approved
by the court, the special removal hearing shall be terminated
unless the court, after reviewing the classified information
in camera and ex parte finds, by clear and convincing
evidence, that--
``(i) the alien's continued presence in the United States--
``(I) would cause serious and irreparable harm to the
national security; or
``(II) would likely cause imminent death or serious bodily
injury to any person; and
``(ii) provision of the required unclassified summary--
``(I) would cause serious and irreparable harm to the
national security; or
``(II) would likely cause imminent death or serious bodily
injury to any person.
``(F) If such finding is issued, the special removal
hearing shall continue. The Department of Justice shall cause
to be delivered to the alien a statement declaring that no
unclassified summary is possible. The alien may take an
interlocutory appeal of a determination to proceed under this
paragraph.
``(G) In no event may the court order the disclosure of the
unclassified summary or the classified information.
``(H) If no unclassified summary pursuant to subparagraph
(E) is possible, the Attorney General shall--
``(i) identify the facts that the specific evidence would
tend to prove; and
``(ii) provide the alien with notice that no unclassified
summary is possible and that states that the alien's
continued presence in the United States poses a serious
threat to national security or imminent death or bodily
injury to any person.
``(I)(i) The Department of Justice may take an
interlocutory appeal to the United States Court of Appeals
for the District of Columbia Circuit of--
``(I) any determination by the judge pursuant to
subparagraph (B) concerning whether an item of evidence may
be introduced in camera and ex parte;
``(II) any determination by the judge concerning the
contents of any summary of evidence to be introduced in
camera and ex [[Page S7558]] parte prepared pursuant to
subparagraph (D); or
``(III) the refusal of the court to make the finding
permitted by subparagraph (D).
``(ii) In an interlocutory appeal taken under this
paragraph, the entire record, including any proposed order of
the judge or summary of evidence, shall be transmitted to the
Court of Appeals under seal, and the matter shall be heard ex
parte. The Court of Appeals shall consider the appeal as
expeditiously as possible.
``(f) Determination of Deportation.--The judge shall,
considering the evidence on the record as a whole (in camera
and otherwise), require that the alien be deported if the
Attorney General proves, by clear and convincing evidence,
that the alien is subject to deportation because such alien
is an alien as described in section 241(a)(4)(B). If the
judge finds that the Department of Justice has met this
burden, the judge shall order the alien removed and, if the
alien was released pending the special removal proceeding,
order the Attorney General to take the alien into custody.
``(g) Appeals.--(1) The alien may appeal a final
determination under subsection (f) to the United States Court
of Appeals for the District of Columbia Circuit, by filing a
notice of appeal with such court not later than 30 days after
the determination is made. An appeal under this section shall
be heard by the Court of Appeals sitting en banc.
``(2) The Attorney General may appeal a determination under
subsection (d), (e), or (f) to the Court of Appeals for the
District of Columbia Circuit, by filing a notice of appeal
with such court not later than 20 days after the
determination is made under any one of such subsections.
``(3) If the Department of Justice does not seek review,
the alien shall be released from custody, unless such alien
may be arrested and taken into custody pursuant to title II
as an alien subject to deportation, in which case such alien
shall be treated in accordance with the provisions of this
Act concerning the deportation of aliens.
``(4) If the application for the order is denied because
the judge has not found probable cause to believe that the
alien who is the subject of the application has been
correctly identified or is an alien as described in paragraph
4(B) of section 241(a), and the Department of Justice seeks
review, the alien shall be released from custody unless such
alien may be arrested and taken into custody pursuant to
title II as an alien subject to deportation, in which case
such alien shall be treated in accordance with the provisions
of this Act concerning the deportation of aliens
simultaneously with the application of this title.
``(5)(A) If the application for the order is denied based
on a finding that no probable cause exists to find that
adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk of
irreparable harm to the national security of the United
States, or death or serious bodily injury to any person, the
judge shall release the alien from custody subject to the
least restrictive condition or combination of conditions of
release described in section 3142(b) and (c)(1)(B) (i)
through (xiv) of title 18, United States Code, that will
reasonably ensure the appearance of the alien at any future
proceeding pursuant to this title and will not endanger the
safety of any other person or the Community.
``(B) The alien shall remain in custody if the court fails
to make a finding under subparagraph (A), until the
completion of any appeal authorized by this title. Sections
3145 through 3148 of title 18, United States Code, pertaining
to review and appeal of a release or detention order,
penalties for failure to appear, penalties for an offense
committed while on release, and sanctions for violation of a
release condition, shall apply to an alien to whom the
previous sentence applies and--
``(i) for purposes of section 3145 of such title, an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
``(ii) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of
an offense punishable by life imprisonment.
``(6) When requested by the Attorney General, the entire
record of the proceeding under this section shall be
transmitted to the court of appeals or the Supreme Court
under seal. The court of appeals or Supreme Court may
consider such appeal in camera.''.
SEC. 302. EXTRADITION OF ALIENS.
(a) Scope.--Section 3181 of title 18, United States Code,
is amended--
(1) by inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) by adding at the end the following new subsections:
``(b) The provisions of this chapter shall be construed to
permit, in the exercise of comity, the surrender of persons,
other than citizens, nationals, or permanent residents of the
United States, who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with
such foreign government if the Attorney General certifies, in
writing, that--
``(1) evidence has been presented by the foreign government
that indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) As used in this section, the term `national of the
United States' has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Fugitives.--Section 3184 of title 18, United States
Code, is amended--
(1) in the first sentence by inserting after ``United
States and any foreign government,'' the following: ``or in
cases arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO
FACILITATE REMOVAL OF ALIEN TERRORISTS.
(a) Terrorism Activities.--Section 212(a)(3)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is
amended to read as follows:
``(B) Terrorism activities.--
``(i) In general.--Any alien who--
``(I) has engaged in a terrorism activity, or
``(II) a consular officer or the Attorney General knows, or
has reason to believe, is likely to engage after entry in any
terrorism activity (as defined in clause (iii)),
is excludable. An alien who is an officer, official,
representative, or spokesman of any terrorist organization
designated as a terrorist organization by proclamation by the
President after finding such organization to be detrimental
to the interest of the United States, or any person who
directs, counsels, commands, or induces such organization or
its members to engage in terrorism activity, shall be
considered, for purposes of this Act, to be engaged in
terrorism activity.
``(ii) Terrorism activity defined.--As used in this Act,
the term `terrorism activity' means any activity that is
unlawful under the laws of the place where it is committed
(or which, if it had been committed in the United States,
would be unlawful under the laws of the United States or any
State), and that involves any of the following:
``(I) The hijacking or sabotage of any conveyance
(including an aircraft, vessel, or vehicle).
``(II) The seizing or detaining, and threatening to kill,
injure, or continue to detain, another individual to compel a
third person (including a governmental organization) to do or
abstain from doing any act as an explicit or implicit
condition for the release of the individual seized or
detained.
``(III) A violent attack upon an internationally protected
person (as defined in section 1116(b)(4) of title 18, United
States Code) or upon the liberty of such a person.
``(IV) An assassination.
``(V) The use of any--
``(aa) biological agent, chemical agent, or nuclear weapon
or device, or
``(bb) explosive, firearm, or other weapon (other than for
mere personal monetary gain),
with intent to endanger, directly, or indirectly, the safety
of one or more individuals or to cause substantial damage to
property.
``(VI) A threat, attempt, or conspiracy to do any of the
foregoing.
``(iii) Engage in terrorism activity defined.--As used in
this Act, the term `engage in terrorism activity' means to
commit, in an individual capacity or as a member of an
organization, an act of terrorism activity, or an act that
the actor knows affords material support to any individual,
organization, or government that the actor knows plans to
commit terrorism activity, including any of the following
acts:
``(I) The preparation or planning of terrorism activity.
``(II) The gathering of information on potential targets
for terrorism activity.
``(III) The providing of any type of material support,
including a safe house, transportation, communications,
funds, false documentation or identification, weapons,
explosives, or training.
``(IV) The soliciting of funds or other things of value for
terrorism activity or for any terrorist organization.
``(V) The solicitation of any individual for membership in
a terrorist organization, terrorist government, or to engage
in a terrorism activity.
``(iv) Terrorist organization defined.--As used in this
Act, the term `terrorist organization' means--
``(I) an organization engaged in, or that has a significant
subgroup that engages in, terrorism activity, regardless of
any legitimate activities conducted by the organization or
its subgroups; and
``(II) an organization designated by the Secretary of State
under section 2339B of title 18.''.
(b) Deportable Aliens.--Section 241(a)(4)(B) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(4)(B)) is
amended to read as follows:
``(B) Terrorism activities.--Any alien who is engaged, or
at any time after entry engages in, any terrorism activity
(as defined in section 212(a)(3)(B)) is deportable.''.
(c) Burden of Proof.--Section 291 of the Immigration and
Nationality Act (8 U.S.C. 1361) is amended by inserting after
``custody of the Service.'' the following new sentence: ``The
limited production authorized by this provision shall not
extend to the records of any other agency or department of
the Government or to any documents that do not pertain to the
respondent's entry.''.
(d) Apprehension and Deportation of Aliens.--Section 242(b)
of the Immigration [[Page S7559]] and Nationality Act (8
U.S.C. 1252(b)(3)) is amended by inserting immediately after
paragraph (4) the following: ``For purposes of paragraph (3),
in the case of an alien who is not lawfully admitted for
permanent residence and notwithstanding the provisions of any
other law, reasonable opportunity shall not include access to
classified information, whether or not introduced in evidence
against the alien. Section 3504 of title 18, United States
Code, and 18 U.S.C. 3504 and the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall not
apply in such cases.''.
(e) Criminal Alien Removal.--
(1) Judicial review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as
follows:
``(10) Notwithstanding any other provision of law, any
final order of deportation against an alien who is deportable
by reason of having committed a criminal offense covered in
section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense
covered by section 241(a)(2)(A)(ii) for which both predicate
offenses are covered by section 241(a)(2)(A)(i), shall not be
subject to review by any court.''.
(2) Final order of deportation defined.--Section 101(a) of
such Act (8 U.S.C. 1101(a)) is amended by adding at the end
the following new paragraph:
``(47)(A) The term `order of deportation' means the order
of the special inquiry officer, or other such administrative
officer to whom the Attorney General has delegated the
responsibility for determining whether an alien is
deportable, concluding that the alien is deportable or
ordering deportation.
``(B) The order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order; or
``(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.''.
(3) Arrest and custody.--Section 242(a)(2) of such Act is
amended--
(A) in subparagraph (A)--
(i) by striking ``(2)(A) The Attorney'' and inserting ``(2)
The Attorney'';
(ii) by striking ``an aggravated felony upon'' and all that
follows through ``of the same offense)'' and inserting ``any
criminal offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i), upon release of the alien
from incarceration, shall deport the alien as expeditiously
as possible''; and
(iii) by striking ``but subject to subparagraph (B)''; and
(B) by striking subparagraph (B).
(4) Classes of excludable aliens.--Section 212(c) of such
Act (8 U.S.C. 1182(c)) is amended--
(A) by striking ``The first sentence of this'' and
inserting ``This''; and
(B) by striking ``has been convicted of one or more
aggravated felonies'' and all that follows through the end
and inserting ``is deportable by reason of having committed
any criminal offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''.
(5) Aggravated felony defined.--Section 101(a)(43) of such
Act is amended--
(A) in subparagraph (F)--
(i) by inserting ``, including forcible rape,'' after
``offense)''; and
(ii) by striking ``5 years'' and inserting ``1 year''; and
(B) in subparagraph (G) by striking ``5 years'' and
inserting ``1 year''.
(6) Deportation of criminal aliens.--Section 242A(a) of
such Act (8 U.S.C. 1252(a)) is amended--
(A) in paragraph (1)--
(i) by striking ``aggravated felonies (as defined in
section 101(a)(43))'' and inserting ``any criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or
any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section
241(a)(2)(A)(i).''; and
(ii) by striking ``, where warranted,'';
(B) in paragraph (2), by striking ``aggravated felony'' and
all that follows through ``before any scheduled hearings.''
and inserting ``any criminal offense covered in section
241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered
by section 241(a)(2)(A)(ii) for which both predicate offenses
are covered by section 241(a)(2)(A)(i).''.
(7) Deadlines for deporting alien.--Section 242(c) of such
Act (8 U.S.C. 1252(c)) is amended--
(A) by striking ``(c) When a final order'' and inserting
``(c)(1) Subject to paragraph (2), when a final order''; and
(B) by inserting at the end the following new paragraph:
``(2) When a final order of deportation under
administrative process is made against any alien who is
deportable by reason of having committed a criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or
any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section
241(a)(2)(A)(i), the Attorney General shall have 30 days from
the date of the order within which to effect the alien's
departure from the United States. The Attorney General shall
have sole and unreviewable discretion to waive the foregoing
provision for aliens who are cooperating with law enforcement
authorities or for purposes of national security.''.
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to cases pending before, on, or after such date
of enactment.
SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND
NATURALIZATION FILES THROUGH COURT ORDER.
(a) Confidentiality of Information.--Section 245A(c)(5) of
the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is
amended--
(1) by inserting ``(i)'' after ``except the Attorney
General''; and
(2) by inserting after ``Title 13'' the following: ``and
(ii) may authorize an application to a Federal court of
competent jurisdiction for, and a judge of such court may
grant, an order authorizing disclosure of information
contained in the application of the alien to be used--
``(I) for identification of the alien when there is reason
to believe that the alien has been killed or severely
incapacitated; or
``(II) for criminal law enforcement purposes against the
alien whose application is to be disclosed.''.
(b) Applications for Adjustment of Status.--Section 210(b)
of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is
amended--
(1) in paragraph (5), by inserting ``, except as allowed by
a court order issued pursuant to paragraph (6) of this
subsection'' after ``consent of the alien''; and
(2) in paragraph (6), by inserting the following sentence
before ``Anyone who uses'': ``Notwithstanding the preceding
sentence, the Attorney General may authorize an application
to a Federal court of competent jurisdiction for, and a judge
of such court may grant an order authorizing, disclosure of
information contained in the application of the alien to be
used for identification of the alien when there is reason to
believe that the alien has been killed or severely
incapacitated, or for criminal law enforcement purposes
against the alien whose application is to be disclosed or to
discover information leading to the location or identity of
the alien.''.
TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES
SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339B. Fundraising for terrorist organizations
``(a) Findings and Purpose.--
``(1) The Congress finds that--
``(A) terrorism is a serious and deadly problem which
threatens the interests of the United States overseas and
within our territory;
``(B) the Nation's security interests are gravely affected
by the terrorist attacks carried out overseas against United
States Government facilities and officials, and against
American citizens present in foreign countries;
``(C) United States foreign policy and economic interests
are profoundly affected by terrorist acts overseas directed
against foreign governments and their people;
``(D) international cooperation is required for an
effective response to terrorism, as demonstrated by the
numerous multilateral conventions in force providing
universal prosecutive jurisdiction over persons involved in a
variety of terrorist acts, including hostage taking, murder
of an internationally protected person, and aircraft piracy
and sabotage;
``(E) some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds
within the United States or use the United States as a
conduit for the receipt of funds raised in other nations; and
``(F) the provision of funds to organizations that engage
in terrorism serves to facilitate their terrorist endeavors,
regardless of whether the funds, in whole or in part, are
intended or claimed to be used for nonviolent purposes.
``(2) The purpose of this section is to provide the Federal
Government the fullest possible basis, consistent with the
Constitution, to prevent persons within the United States or
subject to the jurisdiction of the United States from
providing funds, directly or indirectly, to foreign
organizations, including subordinate or affiliated persons,
that engage in terrorism activities.
``(b) Designation.--
``(1) The Secretary of State, after consultation with the
Secretary of the Treasury, is authorized to designate under
this section any foreign organization based on finding that--
``(A) the organization engages in terrorism activity as
defined in section 212(a)(3)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(3)(B)); and
``(B) the organization's terrorism activities threaten the
security of United States citizens, national security,
foreign policy, or the economy of the United States.
``(2) Not later than 7 days after making a designation
under paragraph (1), the Secretary of State shall prepare and
transmit to Congress a report containing a list of the
designated organizations and a summary of the facts
underlying the designation. The designation shall take effect
60 days after the date on which the Secretary of State
submits the report, unless otherwise provided by
law. [[Page S7560]]
``(3) A designation or redesignation under this subsection
shall be in effect for 1 year following its effective date,
unless revoked under paragraph (4).
``(4)(A) If the Secretary of State, after consultation with
the Secretary of the Treasury, finds that the conditions that
were the basis for any designation issued under this
subsection have changed in such a manner as to warrant
revocation of such designation, or that the national
security, foreign relations, or economic interests of the
United States so warrant, the Secretary of State may revoke
such designation in whole or in part.
``(B) Not later than 7 calendar days after the Secretary of
State finds that an organization no longer engages in, or
supports, terrorism activity, the Secretary of State shall
prepare and transmit to Congress a supplemental report
stating the reasons for the finding.
``(5) Any designation, or revocation of a designation,
issued under this subsection shall be published in the
Federal Register not later than 7 calendar days after the
Secretary of State makes the designation.
``(6) Not later than 7 calendar days after making a
designation under this subsection, the Secretary of State
shall give the organization actual notice of--
``(A) the designation;
``(B) the consequences of the designation for the
organization's ability to raise funds in the United States;
and
``(C) the availability of judicial review.
``(7) Any revocation or lapsing of a designation shall not
affect any action or proceeding based on any conduct
committed prior to the effective date of such revocation or
lapsing.
``(8) Classified information may be used in making a
designation under this subsection. Such information shall not
be disclosed to the public or to any party, but may be
disclosed to a court ex parte and in camera.
``(9) No question concerning the validity of the issuance
of a designation issued under this subsection may be raised
by a defendant in a criminal prosecution as a defense in or
as an objection to any trial or hearing if such designation
was issued and published in the Federal Register.
``(c) Judicial Review.--
``(1) Organizations designated by the Secretary of State as
engaging in, or supporting, terrorism activities under this
section may seek review of the designation in the District
Court for the District of Columbia not later than 60 days
after publication of such designation in the Federal
Register.
``(2) In reviewing a designation under this subsection, the
court shall receive relevant oral or documentary evidence,
unless the court finds that the probative value is
substantially outweighed by the danger of unfair prejudice,
confusion of the issues, or considerations of undue delay,
waste of time, or needless presentation of cumulative
evidence, or unless its introduction or consideration is
prohibited by a common law privilege or by the Constitution
or laws of the United States. A party shall be entitled to
present its case or defense by oral or documentary evidence,
to submit rebuttal evidence, and to conduct such cross-
examination as may be required for a full and true disclosure
of the facts.
``(3) The judge shall authorize the introduction in camera
and ex parte of any item of evidence containing classified
information for which the Attorney General determines that
public disclosure would pose a risk to the national security
of the United States. With respect to such evidence, the
Attorney General shall submit to the court either--
``(A) a statement identifying relevant facts that the
specific evidence would tend to prove; or
``(B) an unclassified summary of the specific evidence
prepared in accordance with paragraph (5).
``(4)(A)(i) The Secretary of State shall have the burden of
demonstrating that there are specific and articulable facts
giving reason to believe that the organization engages in or
supports terrorism activity (as that term is defined in
section 212(a)(3)(B)).
``(ii) The organization shall have the burden of proving
that its purpose is to engage in religious, charitable,
literary, educational, or nonterrorism activities and that it
engages in such activities.
``(iii) The Secretary shall have the burden of proving that
the control group of the organization has actual knowledge
that the organization or its resources are being used for
terrorism activities.
``(iv) If any portion of the Secretary's evidence consists
of classified information that cannot be revealed to the
organization for national security reasons, the Secretary
must prove these elements by clear and convincing evidence.
``(B) If the court finds, under the standards stated in
subparagraph (A) that the control group of the organization
has actual knowledge that the organization or its resources
are being used for terrorism activities, the court shall
affirm the designation of the Secretary.
``(C)(i) If the court finds by a preponderance of the
evidence that the organization or its resources have been
used for terrorism activities without the knowledge of the
control group, but that the control group is now aware of
these facts, the court may condition revocation of the
designation on the control group's undertaking or completing
all steps within its power to prevent the organization or its
resources from being used for terrorism activities. Such
steps may include--
``(I) maintaining financial records adequate to document
the use of the organization's resources; and
``(II) making records available to the Secretary for
inspection.
``(ii) If a designation is revoked under subsection (B)(4)
and the organization fails to comply with any condition
imposed, the designation may be reinstated by the Secretary
of State upon a showing that the organization failed to
comply with the condition.
``(5)(A) The information submitted under paragraph (3)(B)
shall contain an unclassified summary of the classified
information that does not pose a risk to national security.
``(B) The judge shall approve the unclassified summary if
the judge finds that the summary is sufficient to inform the
organization of the activities described in section
212(a)(3)(B) in which the organization is alleged to engage,
and to permit the organization to defend against the
designation.
``(C) The Attorney General shall cause to be delivered to
the organization a copy of the unclassified summary approved
under subparagraph (B).
``(6) The court shall decide the case on the basis of the
evidence on the record as a whole, in camera or otherwise.
``(d) Prohibited Activities.--It shall be unlawful for any
person within the United States, or any person subject to the
jurisdiction of the United States anywhere, to directly or
indirectly, raise, receive, or collect on behalf of, or
furnish, give, transmit, transfer, or provide funds to or for
an organization or person designated by the Secretary of
State under subsection (b), or to attempt to do any of the
foregoing.
``(e) Special Requirements for Financial Institutions.--
``(1) Except as authorized by the Secretary of State, after
consultation with the Secretary of the Treasury, by means of
directives, regulations, or licenses, any financial
institution that becomes aware that it has possession of or
control over any funds in which an organization or person
designated under subsection (b) has an interest, shall--
``(A) retain possession of or maintain control over such
funds; and
``(B) report to the Secretary the existence of such funds
in accordance with the regulations prescribed by the
Secretary.
``(2) Any financial institution that knowingly fails to
report to the Secretary the existence of such funds shall be
subject to a civil penalty of $250 per day for each day that
it fails to report to the Secretary--
``(A) in the case of funds being possessed or controlled at
the time of the designation of the organization or person,
within 10 days after the designation; and
``(B) in the case of funds whose possession of or control
over arose after the designation of the organization or
person, within 10 days after the financial institution
obtained possession of or control over the funds.
``(f) Investigations.--Any investigation emanating from a
possible violation of this section shall be conducted by the
Attorney General, except that investigations relating to--
``(1) a financial institution's compliance with the
requirements of subsection (e); and
``(2) civil penalty proceedings authorized pursuant to
subsection (g)(2),
shall be conducted in coordination with the Attorney General
by the office within the Department of the Treasury
responsible for civil penalty proceedings authorized by this
section. Any evidence of a criminal violation of this section
arising in the course of an investigation by the Secretary or
any other Federal agency shall be referred immediately to the
Attorney General for further investigation. The Attorney
General shall timely notify the Secretary of any action taken
on referrals from the Secretary, and may refer investigations
to the Secretary for remedial licensing or civil penalty
action.
``(g) Penalties.--
``(1) Any person who, with knowledge that the donee is a
designated entity, violates subsection (d) shall be fined
under this title, or imprisoned for up to ten years, or both.
``(2) Any financial institution that knowingly fails to
comply with subsection (e), or by regulations promulgated
thereunder, shall be subject to a civil penalty of $50,000
per violation, or twice the amount of money of which the
financial institution was required to retain possession or
control, whichever is greater.
``(h) Injunction.--
``(1) Whenever it appears to the Secretary or the Attorney
General that any person is engaged in, or is about to engage
in, any act which constitutes, or would constitute, a
violation of this section, the Attorney General may initiate
civil action in a district court of the United States to
enjoin such violation.
``(2) A proceeding under this subsection is governed by the
Federal Rules of Civil Procedure, except that, if an
indictment has been returned against the respondent,
discovery is governed by the Federal Rules of Criminal
Procedure.
``(i) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(j) Classified Information in Civil Proceedings Brought
by the United States.--
``(1) Discovery of classified information by defendants.--A
court, upon a sufficient showing, may authorize the United
States to delete specified items of classified information
from documents to be introduced into evidence or made
available to the defendant [[Page S7561]] through discovery
under the Federal Rules of Civil Procedure, to substitute an
unclassified summary of the information for such classified
documents, or to substitute a statement admitting relevant
facts that the classified information would tend to prove.
The court shall permit the United States to make a request
for such authorization in the form of a written statement to
be inspected by the court alone. If the court enters an order
granting relief following such an ex parte showing, the
entire text of the statement of the United States shall be
sealed and preserved in the records of the court to be made
available to the appellate court in the event of an appeal.
If the court enters an order denying relief to the United
States under this paragraph, the United States may take an
immediate, interlocutory appeal in accordance with the
provisions of paragraph (3). For purposes of such an appeal,
the entire text of the underlying written statement of the
United States, together with any transcripts of arguments
made ex parte to the court in connection therewith, shall be
maintained under seal and delivered to the appellate court.
``(2) Introduction of classified information; precautions
by court.--
``(A) Exhibits.--The United States, to prevent unnecessary
or inadvertent disclosure of classified information in a
civil trial or other proceeding brought by the United States
under this section, may petition the court ex parte to admit,
in lieu of classified writings, recordings or photographs,
one or more of the following:
``(i) copies of those items from which classified
information has been deleted;
``(ii) stipulations admitting relevant facts that specific
classified information would tend to prove; or
``(iii) an unclassified summary of the specific classified
information.
The court shall grant such a motion of the United States if
the court finds that the redacted item, stipulation, or
unclassified summary will provide the defendant with
substantially the same ability to make his defense as would
disclosure of the specific classified information.
``(B) Taking of trial testimony.--During the examination of
a witness in any civil proceeding brought by the United
States under this section, the United States may object to
any question or line of inquiry that may require the witness
to disclose classified information not previously found to be
admissible. Following such an objection, the court shall take
suitable action to determine whether the response is
admissible and, in doing so, shall take precautions to guard
against the compromise of any classified information. Such
action may include permitting the United States to provide
the court, ex parte, with a proffer of the witness's response
to the question or line of inquiry, and requiring the
defendant to provide the court with a proffer of the nature
of the information the defendant seeks to elicit.
``(C) Appeal.--If the court enters an order denying relief
to the United States under this subsection, the United States
may take an immediate interlocutory appeal in accordance with
paragraph (3).
``(3) Interlocutory appeal.--
``(A) An interlocutory appeal by the United States shall
lie to a court of appeals from a decision or order of a
district court--
``(i) authorizing the disclosure of classified information;
``(ii) imposing sanctions for nondisclosure of classified
information; or
``(iii) refusing a protective order sought by the United
States to prevent the disclosure of classified information.
``(B) An appeal taken pursuant to this paragraph either
before or during trial shall be expedited by the court of
appeals. Prior to trial, an appeal shall be taken not later
than 10 days after the decision or order appealed from, and
the trial shall not commence until the appeal is resolved. If
an appeal is taken during trial, the trial court shall
adjourn the trial until the appeal is resolved. The court of
appeals--
``(i) shall hear argument on such appeal not later than 4
days after the adjournment of the trial;
``(ii) may dispense with written briefs other than the
supporting materials previously submitted to the trial court;
``(iii) shall render its decision not later than 4 days
after argument on appeal; and
``(iv) may dispense with the issuance of a written opinion
in rendering its decision.
``(C) An interlocutory appeal and decision under this
paragraph shall not affect the right of the defendant, in a
subsequent appeal from a final judgment, to claim as error,
reversal by the trial court on remand of a ruling appealed
from during trial.
``(4) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and
State secrets privilege.
``(k) Definitions.--As used in this section--
``(1) the term `classified information' means any
information or material that has been determined by the
United States Government pursuant to an Executive order,
statute, or regulation, to require protection against
unauthorized disclosure for reasons of national security and
any restricted data, as defined in paragraph (r) of section
11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y));
``(2)(A) the term `control group' means the officers or
agents charged with directing the affairs of the
organization;
``(B) if a single officer or agent is authorized to conduct
the affairs of the organization, the knowledge of the officer
or agent that the organization or its resources are being
used for terrorism activities shall constitute knowledge of
the control group;
``(C) if a single officer or agent is a member of a group
empowered to conduct the affairs of the organization but
cannot conduct the affairs of the organization on his or her
own authority, that person's knowledge shall not constitute
knowledge by the control group unless that person's knowledge
is shared by a sufficient number of members of the group so
that the group with knowledge has the authority to conduct
the affairs of the organization;
``(3) the term `financial institution' has the meaning
prescribed in section 5312(a)(2) of title 31, United States
Code, including any regulations promulgated thereunder;
``(4) the term `funds' includes coin or currency of the
United States or any other country, traveler's checks,
personal checks, bank checks, money orders, stocks, bonds,
debentures, drafts, letters of credit, any other negotiable
instrument, and any electronic representation of any of the
foregoing;
``(5) the term `national security' means the national
defense and foreign relations of the United States;
``(6) the term `person' includes an individual,
partnership, association, group, corporation, or other
organization;
``(7) the term `Secretary' means the Secretary of the
Treasury; and
``(8) the term `United States', when used in a geographical
sense, includes all commonwealths, territories, and
possessions of the United States.''.
(b) Technical Amendment.--The analysis for chapter 113B of
title 18, United States Code, is amended by adding at the end
the following new item:
``2339B. Fundraising for terrorist organizations.''.
(c) Classified Information in Civil Proceedings.--Section
2339B(k) of title 18, United States Code (relating to
classified information in civil proceedings brought by the
United States), shall also be applicable to civil proceedings
brought by the United States under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended
to read as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Definition.--In this section, `material support or
resources' means currency or other financial securities,
financial services, lodging, training, safehouses, false
documentation or identification, communications equipment,
facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, but
does not include humanitarian assistance to persons not
directly involved in such violations.
``(b) Offense.--A person who, within the United States,
provides material support or resources or conceals or
disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they
are to be used in preparation for, or in carrying out, a
violation of section 32, 37, 351, 844(f) or (i), 956, 1114,
1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2332a of
this title or section 46502 of title 49, or in preparation
for or carrying out the concealment or an escape from the
commission of any such violation, shall be fined under this
title, imprisoned not more than 10 years, or both.''.
TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES
Subtitle A--Antiterrorism Assistance
SEC. 501. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE
FEDERAL BUREAU OF INVESTIGATION FOR FOREIGN
COUNTERINTELLIGENCE INVESTIGATIONS.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by adding after section 623 the
following new section:
``SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF
INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE
PURPOSES.
``(a) Identity of Financial Institutions.--(1)
Notwithstanding section 604 or any other provision of this
title, a court or magistrate judge may issue an order ex
parte directing a consumer reporting agency to furnish to the
Federal Bureau of Investigation the names and addresses of
all financial institutions (as that term is defined in
section 1101 of the Right to Financial Privacy Act of 1978)
at which a consumer maintains or has maintained an account,
to the extent that information is in the files of the agency.
The court or magistrate judge shall issue the order if the
Director of the Federal Bureau of Investigation, or the
Director's designee, certifies in writing to the court or
magistrate judge that--
``(A) such information is necessary for the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving
reason to believe that the consumer--
``(i) is a foreign power (as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978) or a person
who is not a United States person (as defined in such section
101) and is an official of a foreign power;
or [[Page S7562]]
``(ii) is an agent of a foreign power and is engaging or
has engaged in international terrorism (as that term is
defined in section 101(c) of the Foreign Intelligence
Surveillance Act of 1978) or clandestine intelligence
activities that involve or may involve a violation of
criminal statutes of the United States.
``(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a
counterintelligence investigation.
``(b) Identifying Information.--(1) Notwithstanding section
604 or any other provision of this title, a court or
magistrate judge shall issue an order ex parte directing a
consumer reporting agency to furnish identifying information
respecting a consumer, limited to name, address, former
addresses, places of employment, or former places of
employment, to the Federal Bureau of Investigation. The court
or magistrate judge shall issue the order if the Director or
the Director's designee, certifies in writing that--
``(A) such information is necessary to the conduct of an
authorized foreign counterintelligence investigation; and
``(B) there is information giving reason to believe that
the consumer has been, or is about to be, in contact with a
foreign power or an agent of a foreign power (as defined in
section 101 of the Foreign Intelligence Surveillance Act of
1978).
``(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a
counterintelligence investigation.
``(c) Court Order for Disclosure of Consumer Reports.--(1)
Notwithstanding section 604 or any other provision of this
title, if requested in writing by the Director of the Federal
Bureau of Investigation, or an authorized designee of the
Director, a court may issue an order ex parte directing a
consumer reporting agency to furnish a consumer report to the
Federal Bureau of Investigation, upon a showing in camera
that--
``(A) the consumer report is necessary for the conduct of
an authorized foreign counterintelligence investigation; and
``(B) there are specific and articulable facts giving
reason to believe that the consumer whose consumer report is
sought--
``(i) is an agent of a foreign power; and
``(ii) is engaging or has engaged in international
terrorism (as that term is defined in section 101(c) of the
Foreign Intelligence Surveillance Act of 1978) or clandestine
intelligence activities that involve or may involve a
violation of criminal statutes of the United States.
``(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a
counterintelligence investigation.
``(d) Confidentiality.--(1) No consumer reporting agency or
officer, employee, or agent of a consumer reporting agency
shall disclose to any person, other than officers, employees,
or agents of a consumer reporting agency necessary to fulfill
the requirement to disclose information to the Federal Bureau
of Investigation under this section, that the Federal Bureau
of Investigation has sought or obtained the identity of
financial institutions or a consumer report respecting any
consumer under subsection (a), (b), or (c).
``(2) No consumer reporting agency or officer, employee, or
agent of a consumer reporting agency shall include in any
consumer report any information that would indicate that the
Federal Bureau of Investigation has sought or obtained such
information or a consumer report.
``(e) Payment of Fees.--The Federal Bureau of Investigation
is authorized, subject to the availability of appropriations,
pay to the consumer reporting agency assembling or providing
reports or information in accordance with procedures
established under this section, a fee for reimbursement for
such costs as are reasonably necessary and which have been
directly incurred in searching, reproducing, or transporting
books, papers, records, or other data required or requested
to be produced under this section.
``(f) Limit on Dissemination.--The Federal Bureau of
Investigation may not disseminate information obtained
pursuant to this section outside of the Federal Bureau of
Investigation, except--
``(1) to the Department of Justice, as may be necessary for
the approval or conduct of a foreign counterintelligence
investigation; or
``(2) where the information concerns a person subject to
the Uniform Code of Military Justice, to appropriate
investigative authorities within the military department
concerned as may be necessary for the conduct of a joint
foreign counterintelligence investigation.
``(g) Rules of Construction.--Nothing in this section shall
be construed to prohibit information from being furnished by
the Federal Bureau of Investigation pursuant to a subpoena or
court order, or in connection with a judicial or
administrative proceeding to enforce the provisions of this
Act. Nothing in this section shall be construed to authorize
or permit the withholding of information from the Congress.
``(h) Reports to Congress.--On an annual basis, the
Attorney General shall fully inform the Permanent Select
Committee on Intelligence and the Committee on Banking and
Financial Services of the House of Representatives, and the
Select Committee on Intelligence and the Committee on
Banking, Housing, and Urban Affairs of the Senate concerning
all requests made pursuant to subsections (a), (b), and (c).
``(i) Damages.--Any agency or department of the United
States obtaining or disclosing any consumer reports, records,
or information contained therein in violation of this section
is liable to the consumer to whom such consumer reports,
records, or information relate in an amount equal to the sum
of--
``(1) $100, without regard to the volume of consumer
reports, records, or information involved;
``(2) any actual damages sustained by the consumer as a
result of the disclosure;
``(3) if the violation is found to have been willful or
intentional, such punitive damages as a court may allow; and
``(4) in the case of any successful action to enforce
liability under this subsection, the costs of the action,
together with reasonable attorney fees, as determined by the
court.
``(j) Disciplinary Actions for Violations.--If a court
determines that any agency or department of the United States
has violated any provision of this section and the court
finds that the circumstances surrounding the violation raise
questions of whether or not an officer or employee of the
agency or department acted willfully or intentionally with
respect to the violation, the agency or department shall
promptly initiate a proceeding to determine whether or not
disciplinary action is warranted against the officer or
employee who was responsible for the violation.
``(k) Good-Faith Exception.--Notwithstanding any other
provision of this title, any consumer reporting agency or
agent or employee thereof making disclosure of consumer
reports or identifying information pursuant to this
subsection in good-faith reliance upon a certification of the
Federal Bureau of Investigation pursuant to provisions of
this section shall not be liable to any person for such
disclosure under this title, the constitution of any State,
or any law or regulation of any State or any political
subdivision of any State notwithstanding.
``(l) Injunctive Relief.--In addition to any other remedy
contained in this section, injunctive relief shall be
available to require compliance with the procedures of this
section. In the event of any successful action under this
subsection, costs together with reasonable attorney fees, as
determined by the court, may be recovered.''.
(b) Clerical Amendment.--The table of sections at the
beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a
et seq.) is amended by adding after the item relating to
section 623 the following new item:
``624. Disclosures to the Federal Bureau of Investigation for foreign
counterintelligence purposes.''.
SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC
ACCOMMODATION FACILITIES, PHYSICAL STORAGE
FACILITIES, AND VEHICLE RENTAL FACILITIES IN
FOREIGN COUNTERINTELLIGENCE AND
COUNTERTERRORISM CASES.
Title 18, United States Code, is amended by inserting after
chapter 121 the following new chapter:
``CHAPTER 122--ACCESS TO CERTAIN RECORDS
``Sec. 2720. Access to records of common carriers, public
accommodation facilities, physical storage facilities, and
vehicle rental facilities in counterintelligence and
counterterrorism cases
``(a)(1) A court or magistrate judge may issue an order ex
parte directing any common carrier, public accommodation
facility, physical storage facility, or vehicle rental
facility to furnish any records in its possession to the
Federal Bureau of Investigation. The court or magistrate
judge shall issue the order if the Director of the Federal
Bureau of Investigation or the Director's designee (whose
rank shall be no lower than Assistant Special Agent in
Charge) certifies in writing that--
``(A) such records are sought for foreign
counterintelligence purposes; and
``(B) there are specific and articulable facts giving
reason to believe that the person to whom the records pertain
is a foreign power or an agent of a foreign power as defined
in section 101 of the Foreign Intelligence Surveillance Act
of 1978 (50 U.S.C. 801).
``(2) An order issued under this subsection shall not
disclose that it is issued for purposes of a
counterintelligence investigation.
``(b) No common carrier, public accommodation facility,
physical storage facility, or vehicle rental facility, or any
officer, employee, or agent of such common carrier, public
accommodation facility, physical storage facility, or vehicle
rental facility, shall disclose to any person, other than
those officers, agents, or employees of the common carrier,
public accommodation facility, physical storage facility, or
vehicle rental facility necessary to fulfill the requirement
to disclose the information to the Federal Bureau of
Investigation under this section.
``(c) As used in this chapter--
``(1) the term `common carrier' means a locomotive, rail
carrier, bus carrying passengers, water common carrier, air
common carrier, or private commercial interstate carrier for
the delivery of packages and other objects;
``(2) the term `public accommodation facility' means any
inn, hotel, motel, or other establishment that provides
lodging to transient guests;
``(3) the term `physical storage facility' means any
business or entity that provides space for the storage of
goods or materials, or services related to the storage of
goods or materials, to the public or any segment thereof;
and [[Page S7563]]
``(4) the term `vehicle rental facility' means any person
or entity that provides vehicles for rent, lease, loan, or
other similar use, to the public or any segment thereof.''.
SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMATION
CONCERNING INTERNATIONAL TERRORISM.
(a) Terrorism Abroad.--Section 36 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended--
(1) in subsection (c), by striking ``$2,000,000'' and
inserting ``$10,000,000''; and
(2) in subsection (g), by striking ``$5,000,000'' and
inserting ``$10,000,000.
(b) Domestic Terrorism.--Title 18, United States Code, is
amended--
(1) in section 3072, by striking ``$500,000'' and inserting
``$10,000,000''; and
(2) in section 3075, by striking ``$5,000,000'' and
inserting ``$10,000,000''.
(c) General Reward Authority of the Attorney General.--
(1) In general.--Chapter 203 of title 18, United States
Code, is amended by adding immediately after section 3059A
the following section:
``Sec. 3059B. General reward authority
``(a) Notwithstanding any other provision of law, the
Attorney General may pay rewards and receive from any
department or agency funds for the payment of rewards under
this section to any individual who assists the Department of
Justice in performing its functions.
``(b) Not later than 30 days after authorizing a reward
under this section that exceeds $100,000, the Attorney
General shall give notice to the respective chairmen of the
Committees on Appropriations and the Committees on the
Judiciary of the Senate and the House of Representatives.
``(c) A determination made by the Attorney General to
authorize an award under this section and the amount of any
reward authorized shall be final and conclusive, and not
subject to judicial review.''.
Subtitle B--Intelligence and Investigation Enhancements
SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study.--The Attorney General and the Director of the
Federal Bureau of Investigation shall study all applicable
laws and guidelines relating to electronic surveillance and
the use of pen registers and other trap and trace devices.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit a
report to the Congress that includes--
(1) the findings of the study conducted pursuant to
subsection (a);
(2) recommendations for the use of electronic devices in
conducting surveillance of terrorist or other criminal
organizations, and for any modifications in the law necessary
to enable the Federal Government to fulfill its law
enforcement responsibilities within appropriate
constitutional parameters; and
(3) a summary of efforts to use current wiretap authority,
including detailed examples of situations in which expanded
authority would have enabled law enforcement authorities to
fulfill their responsibilities.
SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS
IN CERTAIN TERRORISM RELATED OFFENSES.
Section 2516(1) of title 18, United States Code, is
amended--
(1) in paragraph (c)--
(A) by inserting before ``or section 1992 (relating to
wrecking trains)'' the following: ``section 2332 (relating to
terrorist acts abroad), section 2332a (relating to weapons of
mass destruction, section 2332b (relating to acts of
terrorism transcending national boundaries), section 2339A
(relating to providing material support to terrorists),
section 37 (relating to violence at international
airports),''; and
(B) by inserting after ``section 175 (relating to
biological weapons),'' the following: ``or a felony violation
under section 1028 (relating to production of false
identification documentation), sections 1541, 1542, 1543,
1544, and 1546 (relating to passport and visa offenses),'';
(2) by striking ``and'' at the end of paragraph (o), as so
redesignated by section 512(a)(2);
(3) by redesignating paragraph (p), as so redesignated by
section 512(a)(2), as paragraph (s); and
(4) by inserting after paragraph (o), as so redesignated by
section 512(a)(2), the following new subparagraphs:
``(p) any violation of section 956 or section 960 of title
18, United States Code (relating to certain actions against
foreign nations);
``(q) any violation of section 46502 of title 49, United
States Code; and''.
SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(f) Requirement To Preserve Evidence.--A provider of wire
or electronic communication services or a remote computing
service, upon the request of a governmental entity, shall
take all necessary steps to preserve records and other
evidence in its possession pending the issuance of a court
order or other process. Such records shall be retained for a
period of 90 days, which period shall be extended for an
additional 90-day period upon a renewed request by the
governmental entity.''.
Subtitle C--Additional Funding for Law Enforcement
SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE TO
COMBAT TERRORISM.
(a) In General.--With funds made available pursuant to
subsection (b), the Attorney General shall--
(1) develop digital telephony technology;
(2) support and enhance the technical support center and
tactical operations;
(3) create a Federal Bureau of Investigation
counterterrorism and counterintelligence fund for costs
associated with terrorism cases; and
(4) expand and improve the instructional, operational
support, and construction of the Federal Bureau of
Investigation academy.
(5) construct an FBI laboratory, provide laboratory
examination support, and provide for a Command Center;
(6) make funds available to the chief executive officer of
each State to carry out the activities described in
subsection (d); and
(7) enhance personnel to support counterterrorism
activities.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for the activities of the Federal Bureau
of Investigation, to help meet the increased demands for
activities to combat terrorism--
(1) $300,000,000 for fiscal year 1996;
(2) $225,000,000 for fiscal year 1997;
(3) $328,000,000 for fiscal year 1998;
(4) $190,000,000 for fiscal year 1999; and
(5) $183,000,000 for fiscal year 2000.
(c) Availability of Funds.--
(1) In general.--Funds made available pursuant to
subsection (b), in any fiscal year, shall remain available
until expended.
(d) State Grants.--
(1) In general.--Any funds made available for purposes of
subsection (a)(6) may be expended--
(A) by the Director of the Federal Bureau of Investigation
to--
(i) hire new agents; and
(ii) expand the combined DNA Identification System (CODIS)
to include Federal crimes and crimes committed in the
District of Columbia; and
(B) by the Attorney General, in consultation with the
Director of the Federal Bureau of Investigation to make funds
available to the chief executive officer of each State to
carry out the activities described in paragraph (2).
(2) Grant program.--
(A) Use of funds.--The executive officer of each State
shall use any funds made available under paragraph (1)(B) in
conjunction with units of local government, other States, or
combinations thereof, to carry out all or part of a program
to establish, develop, update, or upgrade--
(i) computerized identification systems that are compatible
and integrated with the databases of the National Crime
Information Center of the Federal Bureau of Investigation;
(ii) ballistics identification programs that are compatible
and integrated with the Drugfire Program of the Federal
Bureau of Investigation;
(iii) the capability to analyze deoxyribonucleic acid (DNA)
in a forensic laboratory in ways that are compatible and
integrated with the combined DNA Identification System
(CODIS) of the Federal Bureau of Investigation; and
(iv) automated fingerprint identification systems that are
compatible and integrated with the Integrated Automated
Fingerprint Identification System (IAFIS) of the Federal
Bureau of Investigation.
(B) Eligibility.--To be eligible to receive funds under
this paragraph, a State shall require that each person
convicted of a felony of a sexual nature shall provide a
sample of blood, saliva, or other specimen necessary to
conduct a DNA analysis consistent with the standards
established for DNA testing by the Director of the Federal
Bureau of Investigation.
(C) Interstate compacts.--A State may enter into a compact
or compacts with another State or States to carry out this
subsection.
(D) Allocation.--The Attorney General shall allocate funds
made available under this subsection to each State based on
the population of the State as reported in the most recent
decennial census of the population.
SEC. 522. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
UNITED STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the United States Customs Service, to
help meet the increased needs of the United States Customs
Service--
(1) $6,000,000 for fiscal year 1996;
(2) $6,000,000 for fiscal year 1997;
(3) $6,000,000 for fiscal year 1998;
(4) $5,000,000 for fiscal year 1999; and
(5) $5,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
SEC. 523. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR THE
IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the Immigration and Naturalization
Service, to help meet the increased needs of the Immigration
and Naturalization Service $5,000,000 for each of the fiscal
years 1996, 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any [[Page S7564]] fiscal year, shall
remain available until expended.
SEC. 524. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--With
funds made available pursuant to subsection (b), the Attorney
General shall--
(1) fund antiviolence crime initiatives;
(2) fund major violators' initiatives; and
(3) enhance or replace infrastructure.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Drug Enforcement Administration, to
help meet the increased needs of the Drug Enforcement
Administration--
(1) $60,000,000 for fiscal year 1996;
(2) $70,000,000 for fiscal year 1997;
(3) $80,000,000 for fiscal year 1998;
(4) $90,000,000 for fiscal year 1999; and
(5) $100,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 525. DEPARTMENT OF JUSTICE.
(a) In General.--Subject to the availability of
appropriations, the Attorney General shall (1) hire
additional Assistant United States Attorneys, and (2) provide
for increased security at courthouses and other facilities
housing Federal workers.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated for the activities of the
Department of Justice, to hire additional Assistant United
States Attorneys and provide increased security to meet the
needs resulting from this Act $20,000,000 for each of the
fiscal years 1996, 1997, 1998, 1999, and 2000.
SEC. 526. FUNDING SOURCE.
Notwithstanding any other provision of law, funding for
authorizations provided in this subtitle may be paid for out
of the Violent Crime Reduction Trust Fund.
SEC. 527. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A
FEDERAL INTEREST COMPUTER.
The United States Sentencing Commission shall review
existing guideline levels as they apply to sections
1030(a)(4) and 1030(a)(5) of Title 18, United States Code,
and report to Congress on their findings as to their
deterrent effect within 60 calendar days. Furthermore, the
Commission shall promulgate guideline amendments that will
ensure that individuals convicted under sections 1030(a)(4)
and 1030(a)(5) of Title 18, United States Code, are
incarcerated for not less than 6 months.
TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS
Subtitle A--Habeas Corpus Reform
SEC. 601. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in
custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right
has been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application
for State post-conviction or other collateral review with
respect to the pertinent judgment or claim shall not be
counted toward any period of limitation under this
subsection.''.
SEC. 602. APPEAL.
Section 2253 of title 28, United States Code, is amended to
read as follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under
section 2255 before a district judge, the final order shall
be subject to review, on appeal, by the court of appeals for
the circuit in which the proceeding is held.
``(b) There shall be no right of appeal from a final order
in a proceeding to test the validity of a warrant to remove
to another district or place for commitment or trial a person
charged with a criminal offense against the United States, or
to test the validity of such person's detention pending
removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to
the court of appeals from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) A certificate of appealability may issue under
paragraph (1) only if the applicant has made a substantial
showing of the denial of a constitutional right.
``(3) The certificate of appealability under paragraph (1)
shall indicate which specific issue or issues satisfy the
showing required by paragraph (2).''.
SEC. 603. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is
amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application
for a writ of habeas corpus shall be made to the appropriate
district court. If application is made to a circuit judge,
the application shall be transferred to the appropriate
district court. If an application is made to or transferred
to the district court and denied, renewal of the application
before a circuit judge shall not be permitted. The applicant
may, pursuant to section 2253 of title 28, United States
Code, appeal to the appropriate court of appeals from the
order of the district court denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus
proceeding in which the detention complained of arises out of
process issued by a State court, an appeal by the applicant
for the writ may not proceed unless a district or a circuit
judge issues a certificate of appealability pursuant to
section 2253(c) of title 28, United States Code. If an appeal
is taken by the applicant, the district judge who rendered
the judgment shall either issue a certificate of
appealability or state the reasons why such a certificate
should not issue. The certificate or the statement shall be
forwarded to the court of appeals with the notice of appeal
and the file of the proceedings in the district court. If the
district judge has denied the certificate, the applicant for
the writ may then request issuance of the certificate by a
circuit judge. If such a request is addressed to the court of
appeals, it shall be deemed addressed to the judges thereof
and shall be considered by a circuit judge or judges as the
court deems appropriate. If no express request for a
certificate is filed, the notice of appeal shall be deemed to
constitute a request addressed to the judges of the court of
appeals. If an appeal is taken by a State or its
representative, a certificate of appealability is not
required.''.
SEC. 604. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on
behalf of a person in custody pursuant to the judgment of a
State court shall not be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be
denied on the merits, notwithstanding the failure of the
applicant to exhaust the remedies available in the courts of
the State.
``(3) A State shall not be deemed to have waived the
exhaustion requirement or be estopped from reliance upon the
requirement unless the State, through counsel, expressly
waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not be granted with respect to any claim that was
adjudicated on the merits in State court proceedings unless
the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a
writ of habeas corpus by a person in custody pursuant to the
judgment of a State court, a determination of a factual issue
made by a Sta 
