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-- ---------------------------------20765276522762--