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[*]Omnibus Antiterrorism act of 1995
From:[*]schmitz8@pilot.msu.edu (Dennis A. Schmitz, grade 6 destructive
force of nature)
Date: 1995/04/29
MessageID: 3nuar2$mon@msunews.cl.msu.edu
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distribution: world
organization: Schmitz Enterprises
reply-to: schmitz8@pilot.msu.edu (Dennis A. Schmitz)
newsgroups: rec.org.mensa
Here it is, for those of you that don't know where to find it.
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Later, schmitz8@pilot.msu.edu
den
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FILE h896.ih
HR 896 SC
104th CONGRESS
1st Session
To improve the ability of the United States to respond to the
international terrorist threat.
IN THE HOUSE OF REPRESENTATIVES
February 10, 1995
Mr. Schumer (for himself and Mr. Dicks) introduced the following
bill; which was referred to the Committee on the Judiciary
March 21, 1995
Additional sponsors: Mr. Frazer, Mr. Frost, Mr. Torricelli, Mrs.
Meek of Florida, Mr. Yates, Mr. Wilson, Mr. LaFalce, Mr. Fox of
Pennsylvania, Mr. Holden, Ms. Slaughter, Mr. Deutsch, Mr.
Barrett of Wisconsin, Mr. Hinchey, and Mr. Romero-Barcelo
A BILL
To improve the ability of the United States to respond to the
international terrorist threat.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as `the Omnibus Counterterrorism Act of
1995'.
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings and purposes.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
Sec. 101. Acts of terrorism transcending national boundaries.
Sec. 102. Conspiracy to harm people or property overseas.
Sec. 103. Clarification and extension of criminal jurisdiction over
certain terrorism offense overseas.
TITLE II--IMMIGRATION LAW IMPROVEMENTS
Sec. 201. Alien terrorist removal procedures.
Sec. 202. Changes to the Immigration and Nationality Act to
facilitate removal of alien terrorists.
Sec. 203. Access to certain confidential INS files through court
order.
TITLE III--CONTROLS OVER TERRORIST FUND-RAISING
Sec. 301. Terrorist fund-raising prohibited.
TITLE IV--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 401. Short title.
Sec. 402. Findings and purposes.
Sec. 403. Definitions.
Sec. 404. Requirement of detection agents for plastic explosives.
Sec. 405. Criminal sanctions.
Sec. 406. Exceptions.
Sec. 407. Investigative authority.
Sec. 408. Effective date.
TITLE V--NUCLEAR MATERIALS
Sec. 501. Expansion of nuclear materials prohibitions.
TITLE VI--PROCEDURAL AND TECHNICAL CORRECTIONS AND IMPROVEMENTS
Sec. 601 Correction to material support provision.
Sec. 602. Expansion of weapons of mass destruction statute.
Sec. 603. Addition of terrorist offenses to the RICO statute.
Sec. 604. Addition of terrorist offenses to the money laundering
statute.
Sec. 605. Authorization for interception of communications in
certain terrorism related offenses.
Sec. 606. Clarification of maritime violence jurisdiction.
Sec. 607. Expansion of Federal jurisdiction over bomb threats.
Sec. 608. Increased penalty for explosives conspiracies.
Sec. 609. Amendment to include assaults, murder, and threats
against former Federal officials on account of the performance
of their official duties.
Sec. 610. Addition of conspiracy to terrorism offenses.
TITLE VII--ANTITERRORISM ASSISTANCE
Sec. 701. Findings.
Sec. 702. Antiterrorism assistance amendments.
SEC. 3. FINDINGS AND PURPOSES.
(a) The Congress finds and declares:
(1) International terrorism remains a serious and deadly
problem which threatens the interests of the United States both
overseas and within its territory. States or organizations that
practice terrorism or actively support it should not be allowed
to do so without serious consequence.
(2) International terrorism directed against United States
interests must be confronted by the appropriate use of the full
array of tools available to the President, including
diplomatic, military, economic and prosecutive actions.
(3) The Nation's security interests are seriously impacted by
terrorist attacks carried out overseas against United States
Government facilities, officials and other American citizens
present in foreign countries.
(4) United States foreign policy interests are profoundly
affected by terrorist acts overseas especially those directed
against friendly foreign governments and their people and those
intended to undermine the peaceful resolution of disputes in
the Middle East and other troubled regions.
(5) Since the Iranian Revolution of 1979, the defeat of the
Soviet Union in Afghanistan, the peace initiative in the Middle
East, and the fall of communism throughout Eastern Europe and
the former Soviet Union, international terrorism has become a
more complex problem, with new alliances emerging among
terrorist organizations.
(6) Violent crime is a pervasive international problem and is
exacerbated by the free international movement of drugs,
firearms, explosives and individuals dedicated to performing
acts of international terrorism who travel using false or
fraudulent documentation.
(7) While international terrorists move freely from country
to country, ordinary citizens and foreign visitors often fear
to travel to or through certain parts of the world due to
concern about terrorist violence.
(8) In addition to the destruction of property and
devastation to human life, the occurrence of an international
terrorist event results in a decline of tourism and affects the
marketplace, thereby having an adverse impact on interstate and
foreign commerce and economies of friendly nations.
(9) International terrorists, violating the sovereignty of
foreign countries, attack dissidents and former colleagues
living in foreign countries, including the United States.
(10) International terrorists, both inside and outside the
United States, carefully plan attacks and carry them out in
foreign countries against innocent victims.
(11) There are increasing intelligence indications of
networking between different international terrorist
organizations leading to their increased cooperation and
sharing of information and resources in areas of common interest.
(12) In response, increased international coordination of
legal and enforcement issues is required, pursuant, for
example, to 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.
(13) Until recently, United States asylum processing
procedures have been complicated and often duplicative,
providing a powerful incentive for individuals, including
terrorists, without a genuine claim, to apply for asylum and
remain in the United States.
(14) The United States Constitution grants Congress the power
to establish a uniform rule of naturalization and to make all
laws necessary and proper thereto.
(15) Part of that power authorizes the Congress to establish
laws directly applicable to alien
conduct within the United
States that harms the foreign relations, domestic tranquility
or national security of the United States.
(16) While the vast majority of aliens justify the trust
placed in them by United States immigration policies, an
dangerous few utilized access to the United States to carry out
their terrorist activity to the detriment of this Nation's
national security and foreign policy interests. Accordingly,
international terrorist organizations have been able to create
significant infrastructures and cells in the United States
among aliens who are in this country either temporarily or as
permanent resident aliens.
(17) International terrorist organizations, acting through
affiliated groups and/or individuals, have been raising
significant funds within the United States, often through
misrepresentation of their purposes or subtle forms of
extortion, or using the United States as a conduit for
transferring funds among countries.
(18) The provision of funds to organizations that engage in
terrorism serves to facilitate their terrorist activities
regardless of whether the funds, in whole or in part, are
intended or claimed to be used for non-violent purposes.
(19) Certain foreign governments and international terrorist
organizations have directed their members or sympathizers
residing in the United States to take measures in support of
terrorist acts, either within or outside the United States.
(20) Present Federal law does not adequately reach all
terrorist activity likely to be engaged in by aliens within the
United States.
(21) Law enforcement officials have been hindered in using
current immigration law to deport alien
terrorists because the
law fails to provide procedures to protect classified
intelligence sources and information. Moreover, a few high
ranking members of terrorist organizations have been
naturalized as United States citizens because denial of such
naturalizations would have necessitated public disclosure of
highly classified sources and methods. Furthermore, deportation
hearings frequently extend over several years, thus hampering
the expeditious removal of aliens engaging in terrorist activity.
(22) Present immigration law is inadequate to protect the
United States from terrorist attacks by certain aliens. New
procedures are needed to permit expeditious removal of alien
terrorists from the United States, thereby reducing the threat
that such aliens pose to the national security and other vital
interests of the United States.
(23) International terrorist organizations that have
infrastructure support within the United States are believed to
have been responsible for--
(A) conspiring in 1982 to bomb the Turkish Honorary
Consulate in Philadelphia, Pennsylvania;
(B) bombing the Marine barracks in Lebanon in 1983;
(C) holding Americans hostage in Lebanon from 1984-1991;
(D) hijacking in 1984 Kuwait Airlines Flight 221 during
which two American employees of the Agency for
International Development were murdered;
(E) hijacking in 1985 TWA Flight 847 during which a
United States Navy diver was murdered;
(F) murdering in 1985 an American tourist aboard the
Achille Lauro cruise liner;
(G) hijacking in 1985 Egypt Air Flight 648 during which
one American and one Israeli were killed;
(H) murdering in 1985 four members of the United States
Marine Corps in El Salvador;
(I) attacking in December 1985 the Rome and Vienna
airports resulting in the death of a young American girl;
(J) hijacking in 1986 Pan Am Flight 73 in Karachi,
Pakistan, in which 44 Americans were held hostage and two
were killed;
(K) conspiring in 1986 in New York City to bomb an Air
India aircraft;
(L) bombing in April 1988 the USO club in Naples, Italy,
killing one American servicewoman and injuring four
American servicemen;
(M) attacking in 1988 the Greek cruise ship `City of
Poros';
(N) bombing in 1988 Pan Am Flight 103 resulting in 270
deaths;
(O) bombing in 1989 UTA Flight 772 resulting in 171
deaths, including seven Americans;
(P) murdering in 1989 a United States Marine Corps
officer assigned to the United Nations Truce Supervisory
Organization in Lebanon;
(Q) downing in January 1991 a United States military
helicopter in El Salvador causing the death of a United
States military crewman as a result of the crash and
subsequently murdering its two surviving United States
military crewmen;
(R) bombing in February 1992 the United States
Ambassador's residence in Lima, Peru;
(S) bombing in February 1993 a cafe in Cairo, Egypt,
which wounded two United States citizens;
(T) bombing in February 1993 the World Trade Center in
New York City, resulting in six deaths;
(U) conspiring in the New York City area in 1993 to
destroy several government buildings and tunnels;
(V) wounding in October 1994 two United States citizens
on a crowded street in Jerusalem, Israel;
(W) kidnapping and subsequently murdering in October 1994
a dual citizen of the United States and Israel; and
(X) numerous bombings and murders in Northern Ireland
over the past decade.
(24) Nuclear materials, including byproduct materials, can be
used to create radioactive dispersal devices which are capable
of causing serious bodily injury as well as substantial damage
to property and the environment.
(25) The potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States.
(26) Due to the widespread hazards presented by the threat of
nuclear contamination, as well as nuclear bombs, the United
States has strong interest in assuring that persons who are
engaged in the illegal acquisition and use of nuclear
materials, including byproduct materials, are prosecuted for
their offenses.
(27) The threat that the nuclear materials will be obtained
and used by terrorist and other criminal organizations has
increased substantially due to international developments in
the years since the enactment in 1982 of the legislation which
implemented the Convention of the Physical Protection of
Nuclear Material, codified at section 831 of title 18, United
States Code.
(28) The successful effort to obtain agreements from other
countries to dismantle and destroy nuclear weapons has resulted
in increased packaging and transportation of nuclear materials,
thereby creating more opportunities for their unlawful
diversion or theft;
(29) The illicit trafficking in the relatively more common,
commercially available and useable nuclear and byproduct
materials poses a potential to cause significant loss of life
and/or environmental damage.
(30) Reported trafficking incidents in the early 1990's
suggest that the individuals involved in trafficking these
materials from Eurasia and Eastern Europe frequently conducted
their black market sales within the Federal Republic of
Germany, the Baltic States, and to a lesser extent in the
Middle European countries.
(31) The international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials.
(32) The potentially disastrous ramifications of increased
access by terrorists to nuclear and nuclear byproduct material
pose such a significant future threat that the United States
must use all lawful methods available to combat the illegal use
of such materials.
(33) The United States has an interest in encouraging United
States corporations to do business in the countries which
comprised the former Soviet Union, as well as in other
developing democracies; protection of such corporations from
threats created by the unlawful use of nuclear materials is
important to encourage such business ventures, and to further
the foreign relations and commerce of the United States.
(34) The nature of nuclear contamination is such that it may
affect the health, environment, and property of United States
nationals even if the acts which constitute the illegal
activity occur outside the territory of the United States, and
are primarily directed toward non-nationals of the United States.
(35) Plastic explosives were used by terrorists in the
bombings of Pan Am flight 103 in December 1988 and UTA flight
772 in September 1989.
(36) Plastic explosives currently can be used with little
likelihood of detection for acts of unlawful interference with
civil aviation, maritime navigation, and other modes of
transportation.
(37) The marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts.
(38) In order to deter and detect the unlawful use of
plastic explosives, the Convention on the Marking of Plastic
Explosives for Purpose of Detection, done at Montreal on 1
March 1991, requires each contracting State to adopt
appropriate measures to ensure that plastic explosives are duly
marked and controlled.
The Congress further finds:
(39) Such international terrorist offenses place innocent
lives in jeopardy, endanger national security, affect domestic
tranquility, and gravely impact on interstate and foreign
commerce.
(40) Such international terrorist offenses involved
international associations, communication, and mobility which
can often be addressed effectively only at the Federal law
enforcement level.
(41) There previously has been no Federal criminal statute
which provides a comprehensive basis for addressing acts of
international terrorism carried out within the United States.
(42) There previously has been no Federal provision that
specifically prohibits fund raising within the United States on
behalf of international terrorist organizations.
(43) There previously has been no adequate procedure under
the immigration law that permits the expeditious removal of
resident and non-resident alien terrorists.
(44) There previously has been no Federal criminal statute
which provides adequate protection to United States interests
from non-weapons grade, yet hazardous radioactive material, and
from the illegal diversion of nuclear materials which are held
for other than peaceful purposes.
(45) There previously has been no Federal law that requires
the marking of plastic explosives to improve their detectability.
(46) Congress has the power under the interstate and foreign
commerce clause, and other provisions of the Constitution, to
enact the following measures against international terrorism in
order to help ensure the integrity and safety of the Nation.
(b) The purposes of this Act are to provide--
(1) Federal law enforcement the necessary tools and fullest
possible basis allowed under the Constitution of the United
States to address, pursuant to the rule of law, acts of
international terrorism occurring within the United States, or
directed against the United States or its nationals anywhere in
the world;
(2) the Federal Government the fullest possible basis,
consistent with the Constitution, of the United States, to
prevent persons and organizations within the jurisdiction of
the United States from providing funds, directly or indirectly,
to organizations, including subordinate or affiliated persons,
designated by the President as engaging in terrorism, unless
authorized under this Act;
(3) procedures which, consistent with principles of
fundamental fairness, will allow the government to deport
resident and non-resident alien terrorists promptly without
compromising intelligence sources and methods;
(4) provide Federal law enforcement the necessary tools and
fullest possible basis allowed under the Constitution of the
United States to combat the threat of nuclear contamination and
proliferation which may result from illegal possession and use
of radioactive materials; and
(5) fully implement the Convention on the Marking or Plastic
Explosives for the Purpose of Detection, done at Montreal on 1
March 1991.
TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS
SEC. 101. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense: Chapter 113B of title 18, United States Code, is
amended by inserting after section 2332a this new section:
`Sec. 2332b. Acts of terrorism transcending national boundaries
`(a) Findings and Purpose:
`(1) The Congress hereby finds that--
`(A) international terrorism is a serious and deadly
problem which threatens the interests of this Nation not
only overseas but also within our territory;
`(B) international terrorists have demonstrated their
intention and capability of carrying out attacks within the
United States by, for example, bombing The World Trade
Center in New York and undertaking attacks, including
assassinations, against former colleagues and opponents who
have taken up residence in this country;
`(C) United States foreign policy interests are seriously
affected by terrorist acts within the United States
directed against foreign governments and their people;
`(D) such offenses place innocent lives in jeopardy,
endanger national security, affect domestic tranquility,
and gravely impact on interstate and foreign commerce;
`(E) such offenses involve international associations,
communication, and mobility which often can be addressed
effectively only at the Federal law enforcement level; and
`(F) there previously has been no Federal criminal
statute which provides a comprehensive basis for addressing
acts of international terrorism carried out within the
United States.
`(2) The purpose of this section is to provide Federal law
enforcement the fullest possible basis allowed under the
Constitution to address acts of international terrorism
occurring within the United States.
`(b) Prohibited Acts:
`(1) Whoever, in a circumstance described in subsection (c),
`(A) kills, kidnaps, maims, commits an assault resulting
in serious bodily injury, or assaults with a dangerous
weapon any individual within the United States; or
`(B) destroys or damages any structure, conveyance or
other real or personal property within the United States
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection (d).
`(2) Whoever threatens to commit an offense under subsection
(b)(1), or attempts or conspires so to do, shall be punished as
prescribed in subsection (d).
`(c) Jurisidictional Bases: The circumstances referred to in
subsection (b) are--
`(1) any of the offenders travels in commerce with the intent
to commit the offense or to escape apprehension after the
commission of such offense;
`(2) the mail, or any facility utilized in any manner in
commerce, is used in furtherance of the commission of the
offense or to effect the escape of any offender after the
commission of such offense;
`(3) the offense obstructs, delays or affects commerce in any
way or degree or would have so obstructed, delayed or affected
commerce if the offense had been consummated;
`(4) 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;
`(5) the structure, conveyance or other real or personal
property (A) was used in commerce or in any activity affecting
commerce, or (B) was in whole or in part owned, possessed, or
used by, or leased to (I) the United States, or any department
or agency thereof, or (II) any institution or organization
receiving Federal financial assistance or insured by any
department or agency of the United States;
`(6) any victim, or intended victim, of the offense is, at
the time of the offense, traveling in commerce;
`(7) any victim, intended victim or offender is not a
national of the United States;
`(8) 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
`(9) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and coconspirators of
an offense under subsection (b), and accessories after the fact to
any offense based upon subsection (b), if at least one of the above
circumstances is applicable to at least one offender.
`(d) Penalties: Whoever violates this section shall, in addition
to the punishment provided for any other crime charged in the
indictment, be punished--
`(1) for a killing or if death results to any person from any
other conduct prohibited by this section by death, or by
imprisonment for any term of years or for life;
`(2) for kidnapping, by imprisonment for any term of years or
for life;
`(3) for maiming, by imprisonment for not more than
thirty-five years;
`(4) for assault with a dangerous weapon or assault resulting
in serious bodily injury, by imprisonment for not more than
thirty years;
`(5) for destroying or damaging any structure, conveyance or
other real or personal property, by imprisonment for not more
than twenty-five years;
`(6) for attempting or conspiring to commit an offense, for
any term of years up to the maximum punishment that would have
applied had the offense been completed; and
`(7) for threatening to commit an offense under this section,
by imprisonment for not more than ten years.
Notwithstanding any other provision of law, the court shall not
place on probation any person convicted of a violation of this
section; nor shall the term of imprisonment imposed under this
section run concurrently with any other term of imprisonment.
`(e) 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, such offense, or any
activity preparatory to its commission, transcended national
boundaries and that the offense appears to have been intended to
coerce, intimidate, or retaliate against a government or a civilian
population, including any segment thereof.
`(f) Investigative Responsibility: Violations of this section
shall be investigated by the Attorney General. Assistance may be
requested from any Federal, State or local agency, including the
Army, Navy, and Air Force, any statute, rule, or regulation to the
contrary notwithstanding.
`(g) Evidence:
`(1) The prosecution is not required to prove knowledge by
any defendant of a jurisdictional base alleged in the indictment.
`(2) In a prosecution under this section that is based upon
the adoption of State law, only the elements of the offense
under State law, and not any provisions pertaining to criminal
procedure or evidence, are adopted.
`(h) Extraterritorial Jurisdiction: There is extraterritorial
Federal jurisdiction (1) over any offense under subsection (b),
including any threat, attempt, or conspiracy to commit such
offense, and (2) over conduct which, under section 3 of this title,
renders any person an accessory after the fact to an offense under
subsection (b).
`(i) Definitions: As used in this section, the term--
`(1) `commerce' has the meaning given such term in section
1951(b)(3) of this title;
`(2) `facility utilized in any manner in commerce' includes
means of transportation, communication, and transmission;
`(3) `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22));
`(4) `serious bodily injury' has the meaning prescribed in
section 1365(g)(3) of this title;
`(5) `State' includes a State of the United States, the
District of Columbia, and any commonwealth, territory or
possession of the United States; and
`(6) `territorial sea of the United States' means all waters
extending seaward to 12 nautical miles from the baselines of
the United States determined in accordance with international
law.'.
(b) Technical Amendment: The chapter analysis for Chapter 113B of
title 18, United States Code, is amended by inserting after `2332a.
Use of Weapons of Mass Destruction.' the following:
`2332b. Acts of terrorism transcending national boundaries.'
(c) Statute of Limitations Amendment: Section 3286 of title 18,
United States Code, is amended by--
(1) striking `any offense' and inserting `any non-capital
offense';
(2) striking `36' and inserting `37';
(3) striking `2331' and inserting `2332';
(4) striking `2339' and inserting `2332a'; and
(5) inserting `2332b (acts of terrorism transcending national
boundaries),' after `(use of weapons of mass destruction),'.
(d) Presumptive Detention: Section 3142(e) of title 18, United
States Code, is amended by inserting `or section 2332b' after
`section 924(c)'.
(e) Wiretap Amendment: Section 2518(11)(b)(ii) of title 18,
United States Code, is amended by--
(1) inserting `(A)' before `thwart' and
(2) inserting `or (B) commit a violation of section 2332b of
this title' after `facilities'.
SEC. 102. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) Section 956 of chapter 45 of title 18, United States Code, is
amended to read as follows:
`Sec. 956. Conspiracy to kill, kidnap, maim, or injure 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 are located, to commit at any place outside
the United States an act that would constitute the offense of
murder, kidnapping, or maiming if committed in the special maritime
and territorial jurisdiction of the United States shall, if 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 subsection (a)(2).
`(2) The punishment for an offense under subsection (a)(1) of
this section is--
`(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
`(B) imprisonment for not more than thirty-five years if the
offense is conspiracy to maim.
`(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to 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
twenty-five years.'.
(b) The chapter analysis for chapter 45 of title 18, United
States Code, is amended by striking `956. Conspiracy to injure
property of foreign government.' and inserting in lieu thereof:
`956. Conspiracy to kill, kidnap, maim, or injure certain property
in a foreign country.'.
(c) Section 2339A of title 18, United States Code, is amended by--
(1) striking `36' and inserting in lieu thereof `37';
(2) striking `2331' and inserting in lieu thereof `2332';
(3) striking `2339' and inserting in lieu thereof `2332a';
(4) striking `of an escape' and inserting in lieu thereof `or
an escape'; and
(5) inserting `956,' before `1114.'
SEC. 103. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Section 46502(b) of title 49, United States Code, is amended
by--
(1) in paragraph (1), striking `and later found in the United
States';
(2) amending paragraph (2) to read as follows:
`(2) There is jurisdiction over the offense in paragraph (1)
if--
`(A) a national of the United States was aboard the
aircraft;
`(B) an offender is a national of the United States; or
`(C) an offender is afterwards found in the United
States.'; and
(3) inserting a new paragraph (3) as follows:
`(3) For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).'.
(b) Section 32(b) of title 18, United States Code, is amended by--
(1) striking `, if the offender is later found in the United
States,'; and
(2) adding at the end the following two new paragraphs:
`(5) There is jurisdiction over an offense in this subsection
if--
`(A) a national of the United States was on board, or
would have been on board, the aircraft;
`(B) an offender is a national of the United States; or
`(C) an offender is afterwards found in the United States.
`(6) For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).'.
(c) Section 1116 of title 18, United States Code, is amended by--
(1) in subsection (b), adding at the end a new paragraph (7)
as follows:
`(7) `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).'; and
(2) in subsection (c), striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.'.
(d) Section 112 of title 18, United States Code, is amended by--
(1) in subsection (c), inserting `national of the United
States,' before `and'; and
(2) in subsection (e), striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.'.
(e) Section 878 of title 18, United States Code, is amended by--
(1) in subsection (c), inserting `national of the United
States,' before `and'; and
(2) in subsection (d) striking the first sentence and
inserting the following: `If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.'.
(f) Section 1201(e) of title 18, United States Code, is amended
by--
(1) striking the first sentence and inserting the following:
`If the victim of an offense under subsection (a) is an
internationally protected person outside the United States, the
United States may exercise
jurisdiction over the offense if (1) the victim is a
representative, officer, employee, or agent of the United States,
(2) an offender is a national of the United States, or (3) an
offender is afterwards found in the United States.'; and
(2) adding at the end thereof the following: `For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22).'.
(g) Section 37(b)(2) of title 18, United States Code, is amended--
(1) by inserting `(A)' before `the offender is later found in
the United States'; and
(2) by inserting `; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'
after `the offender is later found in the United States'.
(h) Section 178 of title 18, United States Code, is amended by--
(1) striking the `and' at the end of paragraph (3);
(2) striking the `period' at the end of paragraph (4) and
inserting in lieu thereof `; and'; and
(3) adding the following at the end thereof:
`(5) the term `national of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).'.
TITLE II--IMMIGRATION LAW IMPROVEMENTS
SEC. 201. ALIEN TERRORIST REMOVAL PROCEDURES.
(a) Findings and Purpose:
(1) The Congress hereby finds that--
(A) international terrorism is a serious and deadly
problem which threatens the interests of this Nation
overseas and within our territory;
(B) until recently, United States asylum processing
procedures have been complicated and often duplicative,
providing a powerful incentive for individuals, including
terrorists, without a genuine claim, to apply for asylum
and remain in the United States;
(C) while most aliens justify the trust placed in them by
our immigration policies, a dangerous few utilized access
to the United States to create significant infrastructures
and cells in the United States in order to carry out their
terrorist activity to the detriment of the Nation's
national security and foreign policy interests;
(D) the bombing of the World Trade Center exemplifies the
danger posed to the United States and its citizens by alien
terrorists;
(E) similarly, some foreign terrorist organizations
utilize associated aliens within the United States to raise
funds to facilitate their overseas terrorist acts against
United States nationals as well as against foreign
governments and their citizens; and
(F) current immigration laws and procedures are not
effective in addressing the alien terrorist problem, as
they require the government to place sensitive intelligence
sources and methods at risk and allow the alien to remain
within the United States for the prolonged period necessary
to pursue a deportation action. Moreover, under the current
statutory framework a few high ranking members of terrorist
organizations have been naturalized as United States
citizens because denial of such naturalizations would have
necessitated public disclosure of highly classified sources
and methods.
(2) The purpose of this section is to provide procedures
which, consistent with principles of fundamental fairness, will
allow the government to deport alien terrorists promptly
without compromising intelligence sources and methods.
(b) Alien Removal Procedures: The Immigration and Nationality Act
is amended--
(1) by adding at the end of the table of contents the
following:
`TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
`Sec. 501. Applicability.
`Sec. 502. Special removal hearing.
`Sec. 503. Designation of judges.
`Sec. 504. Miscellaneous provisions.';
and
(2) by adding at the end the following new title:
`TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
`APPLICABILITY
`Sec. 501. (a) The provisions of this title may be followed in
the discretion of the Department of Justice whenever the Department
of Justice has classified information that an alien described in
paragraph 4(B) of section 241(a), as amended, is subject to
deportation because of such section. For purposes of this title,
the terms `classified information' and `national security' shall
have the meaning prescribed in section 1 of the Classified
Information Procedures Act, 18 U.S.C. App. III 1.
`(b) Whenever an official of the Department of Justice files,
under section 502, an application with the court established under
section 503 for authorization to seek removal pursuant to the
provisions of this title, the alien's rights regarding removal and
expulsion shall be governed solely by the provisions of this title.
Except as they are specifically referenced, no other provisions of
the Immigration and Nationality Act shall be applicable. An alien
subject to removal under these provisions shall have no right of
discovery of information derived from electronic surveillance
authorized under the Foreign Intelligence Surveillance Act (50
U.S.C. 1801 et seq.) or otherwise for national security purposes.
Nor shall such alien have the right to seek suppression of
evidence. Further, the government is authorized to use, in the
removal proceedings, the fruits of electronic surveillance and/or
unconsented physical searches authorized under the Foreign
Intelligence Surveillance Act without regard to subsections 106(c),
(e), (f), (g), and (h) of that Act. The provisions and requirements
of section 3504 of title 18, United States Code, shall not apply to
procedures under this title.
`(c) This title is enacted in response to findings of Congress
that aliens described in paragraph 4(B) of section 241(a), as
amended, represent a unique threat to the security of the United
States. It is the intention of Congress that such aliens be
promptly removed from the United States following--
`(1) a judicial determination of probable cause to believe
that such person is such an alien; and
`(2) a judicial determination pursuant to the provisions of
this title that an alien is removable on the grounds that he or
she is an alien described in paragraph 4(B) of section 241(a),
as amended.
The Congress furthers intends that, other than as provided by this
title, such aliens shall not be given a deportation hearing and are
ineligible for any discretionary relief from deportation or for
relief under section 243(h).
`SPECIAL REMOVAL HEARING
`Sec. 502. (a) Whenever removal of an alien is sought pursuant to
the provisions of this title, a written application upon oath or
affirmation shall be submitted in camera and ex parte to the court
established under section 503 for an order authorizing such a
procedure. Each application shall require the approval of the
Attorney General or the Deputy Attorney General based upon his
finding that it satisfies the criteria and requirements of such
application as set forth in this title. Each application shall
include--
`(1) the identity of the Department of Justice attorney
making the application;
`(2) the approval of the Attorney General or the Deputy
Attorney General for the making of the application;
`(3) the identity of the alien for whom authorization for the
special removal procedure is sought; and
`(4) a statement of the facts and circumstances relied on by
the Department of Justice to establish that--
`(A) the alien is an alien as described in paragraph 4(B)
of section 214(a), as amended, and is physically present in
the United States; and
`(B) with respect to such alien, adherence to the
provisions of title II regarding the deportation of aliens
would pose a risk to the national security of the United
States.
`(b)(1) The application shall be filed under seal with the court
established under section 503. The Attorney General may take into
custody any alien with respect to whom such an application has been
filed and, notwithstanding any other provision of law, may retain
such an alien in custody in accordance with the procedures
authorized by this title.
`(2) An alien lawfully admitted for permanent residence
(hereafter referred to as resident alien) shall be entitled to a
release hearing before the judge assigned to the special removal
case pursuant to section 503(a). The resident alien shall be
granted release pending the special removal hearing, upon such
terms and conditions prescribed by the court (including the posting
of any monetary amount), if the alien demonstrates to the court
that the alien, if released, is not likely to flee and that the
alien's release will not endanger national security or the safety
of any person or the community. The judge may consider classified
information submitted in camera and ex parte in making his
determination.
`(c) In accordance with the rules of the court established under
section 503, the judge shall consider the application and may
consider other information, including classified information,
presented under oath or affirmation at an in camera and ex parte
hearing on the application. A verbatim record shall be maintained
of such a hearing. The application and any other evidence shall be
considered by a single judge of that court who shall enter an ex
parte order as requested if he finds, on the basis of the facts
submitted in the application and any other information provided by
the Department of Justice at the in camera and ex parte hearing,
there is probable cause to believe that--
`(1) the alien who is the subject of the application has been
correctly identified and is an alien as described in paragraph
4(B) of section 241(a), as amended; and
`(2) adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States.
`(d)(1) In any case in which the application for the order is
denied, the judge shall prepare a written statement of his reasons
for the denial and the Department of Justice may seek a review of
the denial by the United States Court of Appeals for the District
of Columbia Circuit by notice of appeal which must be filed within
twenty days. In such a case the entire record of the proceeding
shall be transmitted to the Court of Appeals under seal and the
Court of Appeals shall hear the matter ex parte.
`(2) 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.
`(3) 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), as amended,
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.
`(4) If the application for the order is denied because, although
the judge found probable cause to believe that the alien who is the
subject of the application has been correctly identified and is an
alien as described in paragraph 4(B) of section 241(a), as amended,
the judge has found that there is not probable cause to believe
that adherence to the provisions of title II regarding the
deportation of the identified alien would pose a risk to the
national security of the United States, 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 assure the appearance of the alien at any
future proceeding pursuant to this title and will not endanger the
safety of any other person or the Community; but if the judge finds
no such condition or combination of conditions the alien shall
remain in custody until the completion of any appeal authorized by
this title. The provisions of sections 3145 through 3148 of title
18, United States Code, pertaining to review and appeal of a
release or detention order, penalties for failure to appear,
penalties for an offense committed while on release, and sanctions
for violation of a release condition shall apply to an alien to
whom the previous sentence applies and--
`(A) for purposes of section 3145 of such title an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
`(B) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of an
offense punishable by life imprisonment.
`(e)(1) In any case in which the application for the order
authorizing the special procedures of this title is approved, the
judge who granted the order shall consider each item of classified
information the Department of Justice proposes to introduce in
camera and ex parte at the special removal hearing and shall order
the introduction of such information pursuant to subsection (j) if
he determines the information to be relevant. The Department of
Justice shall prepare a written summary of such classified
information which does not pose a risk to national security and the
judge shall approve the summary if he finds the summary is
sufficient to inform the alien of the general nature of the
evidence that he is an alien as described in paragraph 4(B) of
section 241(a), as amended, and to permit the alien to prepare a
defense. The Department of Justice shall cause to be delivered to
the alien a copy of the summary.
`(2) If the written summary is not approved by the court, the
Department shall be afforded reasonable opportunity to correct the
deficiencies identified by the court and submit a revised summary.
Thereafter, if the written summary is not approved by the court,
the special removal hearing shall be terminated unless the court
issues a finding that--
`(A) the continued presence of the alien in the United
States, or
`(B) the provision of the required summary would likely cause
serious and irreparable harm to the national security or death
or serious bodily injury to any person. 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 that no summary is possible, and the classified
information submitted in camera and ex parte may be used
pursuant to subsection (j).
`(3) The Department of Justice may take an interlocutory appeal
to the United States Court of Appeals for the District of Columbia
Circuit of--
`(A) any determination by the judge pursuant to paragraph (1)--
`(I) concerning whether an item of evidence may be
introduced in camera and ex parte; or
`(II) concerning the contents of any summary of evidence
to be introduced in camera and ex parte prepared pursuant
to paragraph (1); or
`(B) the refusal of the court to make the finding permitted
by paragraph (2);
In any interlocutory appeal taken pursuant to 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) In any case in which the application for the order is
approved, the special removal hearing authorized by this section
shall be conducted for the purpose of determining if the alien to
whom the order pertains should be removed from the United States on
the grounds that he is an alien as described in paragraph 4(B) of
section 241(a), as amended. In accordance with subsection (e), the
alien shall be given reasonable notice of the nature of the charges
against him and a general account of the basis for the charges. The
alien shall be given notice, reasonable under all the
circumstances, of the time and place at which the hearing will be
held. The hearing shall be held as expeditiously as possible.
`(g) The special removal hearing shall be held before the same
judge who granted the order pursuant to subsection (e) unless that
judge is deemed unavailable due to illness or disability by the
chief judge of the court established pursuant to section 503, or
has died, in which case the chief judge shall assign another judge
to conduct the special removal hearing. A decision by the chief
judge pursuant to the preceding sentence shall not be subject to
review by either the alien or the Department of Justice.
`(h) The special removal hearing shall be open to the public. The
alien shall have a right to be present at such hearing and to be
represented by counsel. Any alien financially unable to obtain
counsel shall be entitled to have counsel assigned to represent
him. Such counsel shall be appointed by the judge pursuant to the
plan for furnishing representation for any person financially
unable to obtain adequate representation for the district in which
the hearing is conducted, as provided for in section 3006A of title
18, United States Code. All provisions of that section shall apply
and, for purposes of determining the maximum amount of
compensation, the matter shall be treated as if a felony was
charged. The alien may be called as a witness by the Department of
Justice. The alien shall have a right to introduce evidence on his
own behalf. Except as provided in subsection (j), the alien shall
have a reasonable opportunity to examine the evidence against him
and to cross-examine any witness. A verbatim record of the
proceedings and of all testimony and evidence offered or produced
at such a hearing shall be kept. The decision of the judge shall be
based only on the evidence introduced at the hearing, including
evidence introduced under subsection (j).
`(i) At any time prior to the conclusion of the special removal
hearing, either the alien or the Department of Justice may request
the judge to issue a subpoena for the presence of a named witness
(which subpoena may also command the person to whom it is directed
to produce books, papers, documents, or other objects designated
therein) upon a satisfactory showing that the presence of the
witness is necessary for the determination of any material matter.
Such a request may be made ex parte except that the judge shall
inform the Department of Justice of any request for a subpoena by
the alien for a witness or material if compliance with such a
subpoena would reveal evidence or the source of evidence which has
been introduced, or which the Department of Justice has received
permission to introduce, in camera and ex parte pursuant to
subsection (j), and the Department of Justice shall be given a
reasonable opportunity to oppose the issuance of such a subpoena.
If an application for a subpoena by the alien also makes a showing
that the alien is financially unable to pay for the attendance of a
witness so requested, the court may order the costs incurred by the
process and the fees of the witness so subpoenaed to be paid for
from funds appropriated for the enforcement of title II. A subpoena
under this subsection may be served anywhere in the United States.
A witness subpoenaed under this subsection shall receive the same
fees and expenses as a
witness subpoenaed in connection with a civil proceeding in a court
of the United States. Nothing in this subsection is intended to
allow an alien to have access to classified information.
`(j) When classified information has been summarized pursuant to
subsection (e)(1) or where a finding has been made under subsection
(e)(2) that no summary is possible, classified information shall be
introduced (either in writing or through testimony) in camera and
ex parte and neither the alien nor the public shall be informed of
such evidence or its sources other than through reference to the
summary provided pursuant to subsection (e)(1). Notwithstanding the
previous sentence, the Department of Justice may, in its discretion
and, in the case of classified information, after coordination with
the originating agency, elect to introduce such evidence in open
session.
`(k) Evidence introduced at the special removal hearing, either
in open session or in camera and ex parte, may, in the discretion
of the Department of Justice, include all or part of the
information presented under subsections (a) through (c) used to
obtain the order for the hearing under this section.
`(l) Following the receipt of evidence, the attorneys for the
Department of Justice and for the alien shall be given fair
opportunity to present argument as to whether the evidence is
sufficient to justify the removal of the alien. The attorney for
the Department of Justice shall open the argument. the attorney for
the alien shall be permitted to reply. The attorney for the
Department of Justice shall then be permitted to reply in rebuttal.
The judge may allow any part of the argument that refers to
evidence received in camera and ex parte to be heard in camera and
ex parte.
`(m) The Department of Justice has the burden of showing by clear
and convincing evidence that the alien is subject to removal
because he is an alien as described in paragraph 4(B) of subsection
241(a) of this Act (8 U.S.C. 1251(a)(4)(B)), as amended. If the
judge finds that the Department of Justice has met this burden, the
judge shall order the alien removed and, if the alien is a resident
alien who was released pending the special removal hearing, order
the Attorney General to take the alien into custody.
`(n)(1) At the time of rendering a decision as to whether the
alien shall be removed, the judge shall prepare a written order
containing a statement of facts found and conclusions of law. Any
portion of the order that would reveal the substance or source of
information received in camera and ex parte pursuant to subsection
(j) shall not be made available to the alien or the public.
`(2) The decision of the judge may be appealed by either the
alien or the Department of Justice to the United States Court of
Appeals for the District of Columbia Circuit by notice of appeal
which must be filed within twenty days, during which time such
order shall not be executed. In any case appealed pursuant to this
subsection, the entire record shall be transmitted to the Court of
Appeals and information received pursuant to subsection (j), and
any portion of the judge's order that would reveal the substance or
source of such information shall be transmitted under seal. The
Court of Appeals shall consider the case as expeditiously as
possible.
`(3) In an appeal to the Court of Appeals pursuant to either
subsection (d) or (e) of this section, the Court of Appeals shall
review questions of law de novo, but a prior finding on any
question of fact shall not be set aside unless such finding was
clearly erroneous.
`(o) If the judge decides pursuant to subsection (n) that the
alien should not be removed, the alien shall be released from
custody unless such alien may be arrested and taken into custody
pursuant to title II of this Act as an alien subject to
deportation, in which case, for purposes of detention, such alien
may be treated in accordance with the provisions of this Act
concerning the deportation of aliens.
`(p) Following a decision by the Court of Appeals pursuant to
either subsection (d) or (n), either the alien or the Department of
Justice may petition the Supreme Court for a writ of certiorari. In
any such case, any information transmitted to the Court of Appeals
under seal shall, if such information is also submitted to the
Supreme Court, be transmitted under seal. Any order of removal
shall not be stayed pending disposition of a writ of certiorari
except as provided by the Court of Appeals or a Justice of the
Supreme Court.
`(q) The Department of Justice retains the right to dismiss a
removal action at any stage of the proceeding.
`(r) Nothing in this section shall prevent the United States from
seeking protective orders and/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 privileges.
`DESIGNATION OF JUDGES
`Sec. 503. (a) The Chief Justice of the United States shall
publicly designate five district court judges from five of the
United States judicial circuits who shall constitute a court which
shall have jurisdiction to conduct all matters and proceedings
authorized by section 502. The Chief Justice shall publicly
designate one of the judges so appointed as the chief judge. The
chief judge shall promulgate rules to facilitate the functioning of
the court and shall be responsible for assigning the consideration
of cases to the various judges.
`(b) Proceedings under section 502 shall be conducted as
expeditiously as possible. The Chief Justice, in consultation with
the Attorney General, the Director of Central Intelligence and
other appropriate Federal officials, shall, consistent with the
objectives of this title, provide for the maintenance of
appropriate security measures for applications for ex parte orders
to conduct the special removal hearings authorized by section 502,
the orders themselves, and evidence received in camera and ex
parte, and for such other actions as are necessary to protect
information concerning matters before the court from harming the
national security of the United States.
`(c) Each judge designated under this section shall serve for a
term of five years and shall be eligible for redesignation, except
that the four associate judges first designated under subsection
(a) shall be designated for terms of from one to four years so that
the term of one judge shall expire each year.
`MISCELLANEOUS PROVISIONS
`Sec. 504. (a)(1) Following a determination pursuant to this
title that an alien shall be removed, and after the conclusion of
any judicial review thereof, the Attorney General may retain the
alien in custody or, if the alien was released pursuant to
subsection 502(o), may return the alien to custody, and shall cause
the alien to be transported to any country which the alien shall
designate provided such designation does not, in the judgment of
the Attorney General, in consultation with the Secretary of State,
impair the obligation of the
United States under any treaty (including a treaty pertaining to
extradition) or otherwise adversely affect the foreign policy of
the United States.
`(2) If the alien refuses to choose a country to which he wishes
to be transported, or if the Attorney General, in consultation with
the Secretary of State, determines that removal of the alien to the
country so selected would impair a treaty obligation or adversely
affect United States foreign policy, the Attorney General shall
cause the alien to be transported to any country willing to receive
such alien.
`(3) Before an alien is transported out of the United States
pursuant to paragraph (1) or (2) or pursuant to an order of
exclusion because such alien is excludable under paragraph
212(a)(3)(B) of this Act (8 U.S.C. 1182(a)(3)(B)), as amended, he
shall be photographed and fingerprinted, and shall be advised of
the provisions of subsection 276(b) of this Act (8 U.S.C. 1326(b)).
`(4) If no country is willing to receive such an alien, the
Attorney General may, notwithstanding any other provision of law,
retain the alien in custody. The Attorney General, in coordination
with the Secretary of State, shall make periodic efforts to reach
agreement with other countries to accept such an alien and at least
every six months shall provide to the alien a written report on his
efforts. Any alien in custody pursuant to this subsection shall be
released from custody solely at the discretion of the Attorney
General and subject to such conditions as the Attorney General
shall deem appropriate. The determinations and actions of the
Attorney General pursuant to this subsection shall not be subject
to judicial review, including application for a writ of habeas
corpus, except for a claim by the alien that continued detention
violates his rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United States Court of
Appeals for the District of Columbia Circuit.
`(b)(1) Notwithstanding the provisions of subsection (a), the
Attorney General may hold in abeyance the removal of an alien who
has been ordered removed pursuant to this title to allow the trial
of such alien on any Federal or State criminal charge and the
service of any sentence of confinement resulting from such a trial.
`(2) Pending the commencement of any service of a sentence of
confinement by an alien described in paragraph (1), such an alien
shall remain in the custody of the Attorney General, unless the
Attorney General determines that temporary release of the alien to
the custody of State authorities for confinement in a State
facility is appropriate and would not endanger national security or
public safety.
`(3) Following the completion of a sentence of confinement by an
alien described in paragraph (1) or following the completion of
State criminal proceedings which do not result in a sentence of
confinement of an alien released to the custody of State
authorities pursuant to paragraph (2), such an alien shall be
returned to the custody of the Attorney General who shall proceed
to carry out the provisions of subsection (a) concerning removal of
the alien.
`(c) For purposes of section 751 and 752 of title 18, United
States Code, an alien in the custody of the Attorney General
pursuant to this title shall be subject to the penalties provided
by those sections in relation to a person committed to the custody
of the Attorney General by virtue of an arrest on a charge of felony.
`(d)(1) An alien in the custody of the Attorney General pursuant
to this title shall be given reasonable opportunity to communicate
with and receive visits from members of his family, and to contact,
retain, and communicate with an attorney.
`(2) An alien in the custody of the Attorney General pursuant to
this title shall have the right to contact an appropriate
diplomatic or consular official of the alien 's country of
citizenship or nationality or of any country providing
representation services therefor. The Attorney General shall notify
the appropriate embassy, mission, or consular office of the alien's
detention.'.
(c) Additional Amendments To INA: (1) Subsection 106(b) of the
Immigration and Nationality Act (8 U.S.C. 1105a(b)) is amended by
adding at the end thereof the following sentence: `Jurisdiction to
review an order entered pursuant to the provisions of section
235(c) of this Act concerning an alien excludable under paragraph
3(B) of subsection 212(a) (8 U.S.C. 1182(a)), as amended, shall
rest exclusively in the United States Court of Appeals for the
District of Columbia Circuit.'.
(2) Section 276(b) of the Immigration and Nationality Act (8
U.S.C. 1326(b)) is amended by deleting the word `or' at the end of
subparagraph (b)(1), by replacing the period at the end of
subparagraph (b)(2) with a semicolon followed by the word `or', and
by adding at the end of paragraph (b) the following subparagraph:
`(3) who has been excluded from the United States pursuant to
subsection 235(c) of this Act (8 U.S.C. 1225(c)) because such
alien was excludable under paragraph 3(B) of subsection 212(a)
thereof (8 U.S.C. 1182(a)(2)(B)), as amended, or who has been
removed from the United States pursuant to the provisions of
title V of the Immigration and Nationality Act, and who
thereafter, without the permission of the Attorney General,
enters the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned for a period
of ten years which sentence shall not run concurrently with any
other sentence.'
(3) Section 106(a) of the Immigration and Nationality Act (8
U.S.C. 1105a(a)) is amended by striking from the end of
subparagraph 9 the semicolon and the word `and' and inserting a
period in lieu thereof, and by striking subparagraph 10.
(d) Effective Date: The provisions of this Act shall be effective
upon enactment, and shall apply to all aliens without regard to the
date of entry or attempted entry into the United States.
SEC. 202. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO
FACILITATE REMOVAL OF ALIEN TERRORISTS.
(a) 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 a representative of the
Palestine Liberation Organization, or any terrorist
organization designated by proclamation by the
President after he has found such organization to be
detrimental to the interest of the United States, is
considered, for purposes of this Act, to be engaged in
a terrorism activity. As used in clause (B)(i), the
term `representative' includes an officer, official, or
spokesman of the organization and any person who
directs, counsels, commands or induces such
organization or its
members to engage in terrorism activity. For purposes of
subparagraph (3)(B)(i), the determination by the Secretary of State
or the Attorney General that an alien is a representative of the
organization shall be controlling and shall not be subject to
review by any court.
`(ii) Terrorism activity defined: As used in this
Act, the term `terrorism activity' means any activity
which 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 which 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 in order 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 which the actor knows, or reasonably should
know, affords material support to any individual,
organization, or government which the actor knows or
reasonably should know has committed or 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 any
organization engaged, or which has a significant
subgroup which engages, in terrorism activity,
regardless of any legitimate activities conducted by
the organization or its subgroups.
`(v) Terrorism defined: As used in this Act, the term
`terrorism' means premeditated, politically motivated
violence perpetrated against noncombatant targets.'.
(b) 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 has engaged, is
engaged, or at any time after entry engages in any terrorism
activity (as defined in section 212(a)(3)(B)).'.
(c) Section 291 of the Immigration and Nationality Act (8 U.S.C.
1361) is amended by adding after `custody of the Service.' this 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) Section 242(b)(3) of the Immigration and Nationality Act (8
U.S.C. 1252(b)(3)) is amended by inserting after `Government' the
following: `. 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 comprehend access to
classified information, whether or not introduced in evidence
against him. The provisions and requirements of 18 U.S.C. 3504 and
50 U.S.C. 1801 et seq. shall not apply in such cases.'
SEC. 203. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT
ORDER.
(a) Section 245A(c)(5) of the Immigration and Nationality Act (8
U.S.C. 1255a(c)(5)) is amended by--
(1) inserting `(i)' after `except the Attorney General'; and
(2) 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 if the alleged criminal
activity occurred after the legalization application was filed and
such activity poses either an immediate risk to life or to national
security or would be prosecutable as an aggravated felony, but
without regard to the length of sentence that could be imposed on
the applicant.'.
(b)(1) Section 210(b)(5) of the Immigration and Nationality Act
(8 U.S.C. 1160(b)(5)) is amended by inserting `, except as allowed
by a court order issued pursuant to paragraph (6) of this
subsection' after `consent of the alien'.
(2) Section 210(b)(6) of the Immigration and Nationality Act (8
U.S.C. 1160 (b)(6)) is amended by inserting the following sentence
before `Anyone who uses': `Except 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:
`(E) for identification of the alien when there is reason
to believe that the alien has been killed or severely
incapacitated; or
`(F) for criminal law enforcement purposes against the
alien whose application is to be disclosed if the alleged
criminal activity occurred after the special agricultural
worker application was filed and such activity poses either
an immediate risk to life or to national security or would
be prosecutable as an aggravated felony, but without regard
to the length of sentence that could be imposed on the
applicant.'.
TITLE III--CONTROLS OVER TERRORIST FUND-RAISING
SEC. 301. TERRORIST FUND-RAISING PROHIBITED.
(a) Chapter 113B of title 18, United States Code, is amended by
adding at the end thereof the following new section:
`Sec. 2339B. Fund-raising for terrorist organizations
`(a) Findings and Purpose:
`(1) The Congress hereby finds that--
`(A) terrorism is a serious and deadly problem which
threatens the interests of the United States both overseas
and within our territory;
`(B) the Nation's security interests are gravely impacted
by terrorist attacks carried out overseas against United
States Government facilities and officials, as well as
against other American citizens present in foreign countries;
`(C) United States foreign policy interests are
profoundly affected by terrorist acts overseas directed
against foreign governments and their people;
`(D) United States economic interests are significantly
impacted by terrorist attacks carried out in foreign
countries against United States citizens and businesses;
`(E) 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, e.g., hostage taking, murder
of an internationally protected person, and aircraft piracy
and sabotage;
`(F) 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 their receipt of funds raised in other nations;
and
`(G) 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 non-violent
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, designated by the
President as engaging in terrorism, unless authorized under
this section.
`(b) Authority: Notwithstanding any other provision of law, the
President is authorized, under such regulations as he may
prescribe, to regulate or prohibit--
`(1) fund-raising or the provision of funds for use by or for
the benefit of any foreign organization, including persons
assisting such organization in fund-raising, that the
President has designated pursuant to subsection (c) as being
engaged in terrorism activities, or
`(2) financial transactions with any such foreign
organization,
within the United States or by any person subject to the
jurisdiction of the United States anywhere.
`(c) Designation:
`(1) Pursuant to the authority granted in subsection (b), the
President is authorized to designate 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 national security, foreign policy, or economy of the
United States.
`(2) Pursuant to the authority granted in subsection (b), the
President is also authorized to designate persons which are
raising funds for, or acting for or on behalf of, any
organization designated pursuant to subsection (c)(1) above.
`(3) If the President finds that the conditions which 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, he may
revoke such designation in whole or in part.
`(4) Any designation, or revocation thereof, issued pursuant
to this subsection shall be published in the Federal Register
and shall become effective immediately on publication.
`(5) Any revocation of a designation shall not affect any
action or proceeding based on any conduct committed prior to
the effective date of such revocation.
`(6) Any finding made in any designation issued pursuant to
paragraph (1) of this subsection that a foreign organization
engages in terrorism activity shall be conclusive. No question
concerning the validity of the issuance of such designation 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 in
accordance with this subsection.
`(d) Prohibited Activities:
`(1) Except as authorized pursuant to the procedures in
subsection (e), 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 President under subsection (c), or to attempt
to do any of the foregoing.
`(2) It shall be unlawful for any person within the United
States or any person subject to the jurisdiction of the United
States anywhere, acting for or on behalf of any organization
or person designated under subsection (c), (A) to transmit,
transfer, or receive any funds raised in violation of
subsection (d)(1), or (B) to transmit, transfer or dispose of
any funds in which any organization or person designated
pursuant to subsection (c) has an interest.
`(e) Authorized Transactions:
`(1) The Secretary shall publish regulations, consistent with
the provisions of this subsection, setting forth the procedures
to be followed by persons seeking to raise or provide funds for
an organization designated under subsection (c)(1).
`(2) Any person within the United States, or any person
subject to the jurisdiction of the United States anywhere, who
seeks to solicit funds for or to transfer funds to any
organization or person designated under subsection (c) shall,
regardless of whether it has an agency relationship with the
designated organization or person, first obtain a license from
the Secretary and may thereafter solicit funds or transfer
funds to a designated organization or person only as permitted
under the terms of a license issued by the Secretary.
`(3) The Secretary shall grant a license only after the
person establishes to the satisfaction of the Secretary that--
`(A) the funds are intended to be used exclusively for
religious, charitable, literary, or educational purposes; and
`(B) all recipient organizations in any fund-raising
chain have effective procedures in place to ensure that the
funds (i) will be used exclusively for religious,
charitable, literary, or educational purposes, and (ii)
will not be used to offset a transfer of funds to be used
in terrorist activity.
`(4) Any person granted a license shall maintain books and
records, as required by the Secretary, that establish the
source of all funds it receives, expenses it incurs, and
disbursements it makes. Such books and records shall be made
available for inspection within two business days of a request
by the Secretary. Any person granted a license shall also have
an agreement with any recipient organization or person that
such organization's or person's books and records, wherever
located, must be made available for inspection of the Secretary
upon a request of the Secretary at a place and time agreeable
to that organization or person and the Secretary.
`(5) The Secretary may also provide by regulation procedures
for the licensing of transactions otherwise prohibited by this
section in cases found by the Secretary to be consistent with
the statement of purpose in subsection (a)(2).
`(f) Special Requirements for Financial Institutions:
`(1) Except as authorized by the Secretary by means of
directives, regulations, or licenses, any financial institution
which becomes aware that it has possession of or control over
any funds in which an organization or person designated under
subsection (c) 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 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 ten 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 ten days after the financial institution
obtained possession of or control over the funds.
`(g) Investigations: Any investigation emanating from a possible
violation of this section, or of any license, order, or regulation
issued pursuant to this section, shall be conducted by the Attorney
General, except that investigations relating to (1) a licensee's
compliance with the terms of a license issued by the Secretary
pursuant to subsection (e) of this section, (2) a financial
institution's compliance with the requirements of subsection (f) of
this section, and (3) civil penalty proceedings authorized pursuant
to subsection (i) of this section, shall be conducted in
coordination with the Attorney General by the office within the
Department of the Treasury responsible for licensing and 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.
`(h) Recordkeeping and Reporting; Civil Procedures:
`(1) Notwithstanding any other provision of law, in
exercising the authorities granted by this section, the
Secretary and the Attorney General may require any person to
keep a full record of, and to furnish under oath, in the form
of reports or otherwise, complete information relative to any
act or transaction referred to in this section either before,
during, or after the completion thereof, or relative to any
funds referred to in this section, or as may be necessary to
enforce the terms of this section. In any case in which a
report by a person could be required under this subsection, the
Secretary or the Attorney General may require the production of
any books of account, records, contracts, letters, memoranda,
or other papers or documents, whether maintained in hard copy
or electronically, in the control or custody of such person.
`(2) Compliance with any regulation, instruction, or
direction issued under this section shall to the extent thereof
be a full acquittance and discharge for all purposes of the
obligation of the person making the same. No person shall be
held liable in any court for or with respect to anything done
or omitted in good faith in connection with the administration
of, or pursuant to and in reliance on, this section, or any
regulation, instruction, or direction issued under this section.
`(3) In carrying out their function under this section, the
Secretary and the Attorney General may hold hearings, sign and
issue subpoenas, administer oaths, examine witnesses, and
receive evidence.
`(4) In the case of contumacy by, or refusal to obey a
subpoena issued to, any person, the Attorney General may invoke
the aid of any court of the United States within the
jurisdiction of which the investigation is carried on or of
which the subpoenaed person is an inhabitant, or in which the
subpoenaed person carries on business or may be found, to
compel compliance with the subpoena. The court may issue an
order requiring the subpoenaed person to appear before the
agency issuing the subpoena, or other order or direction, to
produce records, if so ordered, or to give testimony touching
the matter under investigation. Any failure to obey the order
of the court may be punished by the court as a contempt
thereof. All process in any such case may be served in any
judicial district in which such person may be found.
`(i) Penalties:
`(1) Any person who knowingly violates subsection (d) shall
be fined under this title, or imprisoned for up to ten years,
or both.
`(2)(A) Any person who fails to maintain or to make available
to the Secretary upon his request or demand the books or
records required by subsection (e), or by regulations
promulgated thereunder, shall be subject to a civil penalty of
$50,000 or twice the amount of money which would have been
documented had the books and records been properly maintained,
whichever is greater.
`(B) Any person who fails to take the actions required of
financial institutions pursuant to subsection (f)(1), 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.
`(C) Except as otherwise specified in this section, any
person who violates any license, order, direction, or
regulation issued pursuant to this section shall be subject to
a civil penalty of $50,000 per violation, or twice the value of
the violation, whichever is greater.
`(3) Any person who intentionally fails to maintain or to
make available to the Secretary the books or records required
by subsection (e), or by regulations promulgated thereunder,
shall be fined under this title, or imprisoned for up to five
years, or both.
`(4) Any organization convicted of an offense under (h) (1)
or (3) of this section shall, upon conviction, forfeit any
charitable designation it might have received under the
Internal Revenue Code.
`(j) 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.
`(k) Extraterritorial Jurisdiction: There is extraterritorial
Federal jurisdiction over an offense under this section.
`(l) 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 and/or made available
to the defendant through discovery under the Federal Rules of
Civil Procedure, to substitute a 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 provision, the United States may take
an immediate, interlocutory appeal in accordance with the
provisions of paragraph (3) of this subsection. In the event 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, in order 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) a summary of the specific classified
information. The court shall grant such a motion of the
United States if it finds that the redacted item,
stipulation, or 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 i | | |
