FILE s735.es S 735 ES 104th CONGRESS 1st Session AN ACT To prevent and punish acts of terrorism, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Comprehensive Terrorism Prevention Act of 1995'. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS Sec. 101. Increased penalty for conspiracies involving explosives. Sec. 102. Acts of terrorism transcending national boundaries. Sec. 103. Conspiracy to harm people and property overseas. Sec. 104. Increased penalties for certain terrorism crimes. Sec. 105. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence. Sec. 106. Penalty for possession of stolen explosives. Sec. 107. Enhanced penalties for use of explosives or arson crimes. Sec. 108. Increased periods of limitation for National Firearms Act violations. TITLE II--COMBATING INTERNATIONAL TERRORISM Sec. 201. Findings. Sec. 202. Prohibition on assistance to countries that aid terrorist states. Sec. 203. Prohibition on assistance to countries that provide military equipment to terrorist states. Sec. 204. Opposition to assistance by international financial institutions to terrorist states. Sec. 205. Antiterrorism assistance. Sec. 206. Jurisdiction for lawsuits against terrorist states. Sec. 207. Report on support for international terrorists. Sec. 208. Definition of assistance. Sec. 209. Waiver authority concerning notice of denial of application for visas. Sec. 210. Membership in a terrorist organization as a basis for exclusion from the United States under the Immigration and Nationality Act. TITLE III--ALIEN REMOVAL Sec. 301. Alien terrorist removal. Sec. 302. Extradition of aliens. Sec. 303. Changes to the Immigration and Nationality Act to facilitate removal of alien terrorists. Sec. 304. Access to certain confidential immigration and naturalization files through court order. TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES Sec. 401. Prohibition on terrorist fundraising. Sec. 402. Correction to material support provision. TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES SUBTITLE A--ANTITERRORISM ASSISTANCE Sec. 501. Disclosure of certain consumer reports to the Federal Bureau of Investigation for foreign counterintelligence investigations. Sec. 502. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in foreign counterintelligence and counterterrorism cases. Sec. 503. Increase in maximum rewards for information concerning international terrorism. SUBTITLE B--INTELLIGENCE AND INVESTIGATION ENHANCEMENTS Sec. 511. Study and report on electronic surveillance. Sec. 512. Authorization for interceptions of communications in certain terrorism related offenses. Sec. 513. Requirement to preserve evidence. SUBTITLE C--ADDITIONAL FUNDING FOR LAW ENFORCEMENT Sec. 521. Federal Bureau of Investigation assistance to combat terrorism. Sec. 522. Authorization of additional appropriations for the United States Customs Service. Sec. 523. Authorization of additional appropriations for the Immigration and Naturalization Service. Sec. 524. Drug Enforcement Administration. Sec. 525. Department of Justice. Sec. 526. Authorization of additional appropriations for the Department of the Treasury. Sec. 527. Funding source. Sec. 528. Deterrent against Terrorist Activity Damaging a Federal Interest Computer. TITLE VI--CRIMINAL PROCEDURAL IMPROVEMENTS SUBTITLE A--HABEAS CORPUS REFORM Sec. 601. Filing deadlines. Sec. 602. Appeal. Sec. 603. Amendment of Federal Rules of Appellate Procedure. Sec. 604. Section 2254 amendments. Sec. 605. Section 2255 amendments. Sec. 606. Limits on second or successive applications. Sec. 607. Death penalty litigation procedures. Sec. 608. Technical amendment. SUBTITLE B--CRIMINAL PROCEDURAL IMPROVEMENTS Sec. 621. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas. Sec. 622. Expansion of territorial sea. Sec. 623. Expansion of weapons of mass destruction statute. Sec. 624. Addition of terrorism offenses to the RICO statute. Sec. 625. Addition of terrorism offenses to the money laundering statute. Sec. 626. Protection of current or former officials, officers, or employees of the United States. Sec. 627. Addition of conspiracy to terrorism offenses. Sec. 628. Clarification of Federal jurisdiction over bomb threats. TITLE VII--MARKING OF PLASTIC EXPLOSIVES Sec. 701. Findings and purposes. Sec. 702. Definitions. Sec. 703. Requirement of detection agents for plastic explosives. Sec. 704. Criminal sanctions. Sec. 705. Exceptions. Sec. 706. Investigative authority. Sec. 707. Effective date. Sec. 708. Study and requirements for tagging of explosive materials, and study and recommendations for rendering explosive components inert and imposing controls on precursors of explosives. TITLE VIII--NUCLEAR MATERIALS Sec. 801. Findings and purpose. Sec. 802. Expansion of scope and jurisdictional bases of nuclear materials prohibitions. TITLE IX--MISCELLANEOUS PROVISIONS Sec. 901. Prohibition on distribution of information relating to explosive materials for a criminal purpose. Sec. 902. Designation of Cartney Koch McRaven Child Development Center. Sec. 903. Foreign air travel safety. Sec. 904. Proof of citizenship. Sec. 905. Cooperation of fertilizer research centers. Sec. 906. Special assessments on convicted persons. Sec. 907. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts. Sec. 908. Authority to request military assistance with respect to offenses involving biological and chemical weapons. Sec. 909. Revision to existing authority for multipoint wiretaps. Sec. 910. Authorization of additional appropriations for the United States Park Police. Sec. 911. Authorization of additional appropriations for the Administrative Office of the United States Courts. Sec. 912. Authorization of additional appropriations for the United States Customs Service. Sec. 913. Severability. TITLE X--VICTIMS OF TERRORISM ACT Sec. 1001. Title. Sec. 1002. Authority to provide assistance and compensation to victims of terrorism. Sec. 1003. Funding of compensation and assistance to victims of terrorism, mass violence, and crime. Sec. 1004. Crime victims fund amendments. TITLE I--SUBSTANTIVE CRIMINAL LAW ENHANCEMENTS SEC. 101. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: `(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as those prescribed for the offense the commission of which was the object of the conspiracy.'. SEC. 102. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES. (a) Redesignation: (1) Chapter 113B of title 18, United States Code (relating to torture) is redesignated as chapter 113C. (2) The chapter analysis of title 18, United States Code, is amended by striking `113B' the second place it appears and inserting `113C'. (b) Offense: Chapter 113B of title 18, United States Code, is amended by inserting after section 2332a the following new section: `Sec. 2332b. Acts of terrorism transcending national boundaries `(a) Prohibited Acts: `(1) Whoever, in a circumstance described in subsection (b), commits an act within the United States that if committed within the special maritime and territorial jurisdiction of the United States would be in violation of section 113(a), (1), (2), (3), (6), or (7), 114, 1111, 1112, 1201, or 1363 shall be punished as prescribed in subsection (c). `(2) Whoever threatens, attempts, or conspires to commit an offense under paragraph (1) shall be punished under subsection (c). `(b) Jurisdictional Bases: `(1) This section applies to conduct described in subsection (a) if-- `(A) the mail, or any facility utilized in interstate commerce, is used in furtherance of the commission of the offense; `(B) the offense obstructs, delays, or affects interstate or foreign commerce in any way or degree, or would have obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; `(C) the victim or intended victim is the United States Government or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States; `(D) the structure, conveyance, or other real or personal property was in whole or in part owned, possessed, or used by, or leased to the United States, or any department or agency thereof; `(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or `(F) the offense is committed in places within the United States that are in the special maritime and territorial jurisdiction of the United States. `(2) Jurisdiction shall exist over all principals, coconspirators, and accessories after the fact, of an offense under subsection (a) if at least one of the circumstances described in paragraph (1) is applicable to at least one offender. `(c) Penalties: `(1) Whoever violates this section shall, in addition to the punishment provided for any other crime charged in the indictment, be punished-- `(A) if death results to any person, by death, or by imprisonment for any term of years or for life; `(B) for kidnapping, by imprisonment for any term of years or for life; `(C) for maiming, by imprisonment for not more than 35 years; `(D) for assault with intent to commit murder or any other felony or with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years; `(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years; `(F) for attempting or conspiring to commit the offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and `(G) for threatening to commit the offense, by imprisonment for not more than 10 years. `(2) Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section. `(d) Limitation on Prosecution: No indictment for any offense described in this section shall be sought by the United States except after the Attorney General, or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions, has made a written certification that, in the judgment of the certifying official-- `(1) such offense, or any activity preparatory to its commission, transcended national boundaries; and `(2) the offense appears to have been intended to coerce, intimidate, or retaliate against a government or a civilian population, including any segment thereof. `(e) Investigative Responsibility: Violations of this section shall be investigated by the Federal Bureau of Investigation. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056, or with its investigative authority with respect to sections 871 and 879. `(f) Evidence: In a prosecution under this section, the United States shall not be required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment. `(g) Extraterritorial Jurisdiction: There is extraterritorial Federal jurisdiction over-- `(1) any offense under subsection (a); and `(2) conduct that, under section 3, renders any person an accessory after the fact to an offense under subsection (a). `(h) Definitions: As used in this section-- `(1) the term `commerce' has the meaning given such term in section 1951(b)(3); `(2) the term `facility utilized in interstate commerce' includes means of transportation, communication, and transmission; `(3) the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); `(4) the term `serious bodily injury' has the meaning given such term in section 1365(g)(3); and `(5) the term `territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law.'. (c) Technical Amendment: The chapter analysis for Chapter 113B of title 18, United States Code, is amended by inserting after the item relating to section 2332a, the following new item: `2332b. Acts of terrorism transcending national boundaries.'. (d) Statute of Limitations Amendment: Section 3286 of title 18, United States Code, is amended-- (1) by striking `any offense' and inserting `any noncapital offense'; (2) by striking `36' and inserting `37'; (3) by striking `2331' and inserting `2332'; (4) by striking `2339' and inserting `2332a'; and (5) by inserting `2332b (acts of terrorism transcending national boundaries),' after `(use of weapons of mass destruction),'. (e) Presumptive Detention: Section 3142(e) of title 18, United States Code, is amended by inserting `or section 2332b' after `section 924(c)'. (f) Expansion of Provision Relating to Destruction or Injury of Property Within Special Maritime and Territorial Jurisdiction: Section 1363 of title 18, United States Code, is amended by striking `any building, structure or vessel, any machinery or building materials and supplies, military or naval stores, munitions of war or any structural aids or appliances for navigation or shipping' and inserting `any structure, conveyance, or other real or personal property'. SEC. 103. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS. (a) In General: Section 956 of title 18, United States Code, is amended to read as follows: `Sec. 956. Conspiracy to kill, kidnap, maim, or injure certain property in a foreign country `(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons is located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States, shall, if he or any such other person commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in paragraph (2). `(2) The punishment for an offense under paragraph (1) is-- `(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and `(B) imprisonment for not more than 35 years if the offense is conspiracy to maim. `(b) Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons is located, to injure or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if he or any such other person commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years.'. (b) Clerical Amendment: The chapter analysis for chapter 45 of title 18, United States Code, is amended by striking the item relating to section 956 and inserting the following: `956. Conspiracy to kill, kidnap, maim, or injure certain property in a foreign country.'. SEC. 104. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES. (a) In General: Title 18, United States Code, is amended-- (1) in section 114, by striking `maim or disfigure' and inserting `torture (as defined in section 2340), maim, or disfigure'; (2) in section 755, by striking `two years' and inserting `five years'; (3) in section 756, by striking `one year' and inserting `five years'; (4) in section 878(a), by striking `by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person'; (5) in section 1113, by striking `three years or fined' and inserting `seven years'; and (6) in section 2332(c), by striking `five' and inserting `ten'. (b) Penalty for Carrying Weapons or Explosives on an Aircraft: Section 46505 of title 49, United States Code, is amended-- (1) in subsection (b), by striking `one' and inserting `10'; and (2) in subsection (c), by striking `5' and inserting `15'. SEC. 105. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: `(n) Whoever knowingly transfers an explosive material, knowing or having reasonable cause to believe that such explosive material will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be imprisoned for not less than 10 years, fined under this title, or both.'. SEC. 106. PENALTY FOR POSSESSION OF STOLEN EXPLOSIVES. Section 842(h) of title 18, United States Code, is amended to read as follows: `(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, pledge, or accept as security for a loan, any stolen explosive material that is moving in, part of, constitutes, or has been shipped or transported in, interstate or foreign commerce, either before or after such material was stolen, knowing or having reasonable cause to believe that the explosive material was stolen.'. SEC. 107. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. Section 844 of title 18, United States Code, is amended-- (1) in subsection (e), by striking `five' and inserting `10'; (2) by amending subsection (f) to read as follows: `(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years. The court may order a fine of not more than the greater of $100,000 or the cost of repairing or replacing any property that is damaged or destroyed. `(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes personal injury to any person, including any public safety officer performing duties, shall be imprisoned not less than 7 years and not more than 40 years. The court may order a fine of not more than the greater of $200,000 or the cost of repairing or replacing any property that is damaged or destroyed. `(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be imprisoned for a term of years or for life, or sentenced to death. The court may order a fine of not more than the greater of $200,000 or the cost of repairing or replacing any property that is damaged or destroyed.'. (4) in subsection (h)-- (A) in the first sentence by striking `5 years but not more than 15 years' and inserting `10 years'; and (B) in the second sentence by striking `10 years but not more than 25 years' and inserting `20 years'; and (5) in subsection (i)-- (A) by striking `not more than 20 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,' and inserting `not less than 5 years and not more than 20 years, fined the greater of $100,000 or the cost of repairing or replacing any property that is damaged or destroyed'; (B) by striking `not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,' and inserting `not less than 7 years and not more than 40 years, fined the greater of $200,000 or the cost of repairing or replacing any property that is damaged or destroyed'; and (C) by striking `7 years' and inserting `10 years'. SEC. 108. INCREASED PERIODS OF LIMITATION FOR NATIONAL FIREARMS ACT VIOLATIONS. Section 6531 of the Internal Revenue Code of 1986 is amended-- (1) by redesignating paragraphs (1) through (8) as subparagraphs (A) through (H), respectively; and (2) by amending the matter immediately preceding subparagraph (A), as redesignated, to read as follows: `No person shall be prosecuted, tried, or punished for any criminal offense under the internal revenue laws unless the indictment is found or the information instituted not later than 3 years after the commission of the offense, except that the period of limitation shall be-- `(1) 5 years for offenses described in section 5861 (relating to firearms and other devices); and `(2) 6 years--.'. TITLE II--COMBATING INTERNATIONAL TERRORISM SEC. 201. FINDINGS. The Congress finds that-- (1) international terrorism is among the most serious transnational threats faced by the United States and its allies, far eclipsing the dangers posed by population growth or pollution; (2) the President should continue to make efforts to counter international terrorism a national security priority; (3) because the United Nations has been an inadequate forum for the discussion of cooperative, multilateral responses to the threat of international terrorism, the President should undertake immediate efforts to develop effective multilateral responses to international terrorism as a complement to national counterterrorist efforts; (4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens; (5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya's noncompliance with United Nations resolutions; and (6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism. SEC. 202. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620F the following new section: `SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. `(a) Prohibition: No assistance under this Act shall be provided to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 620A'. `(b) Waiver: Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- `(1) a statement of the determination; `(2) a detailed explanation of the assistance to be provided; `(3) the estimated dollar amount of the assistance; and `(4) an explanation of how the assistance furthers United States national interests.'. SEC. 203. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620G the following new section: `SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. `(a) Prohibition: `(1) In general: No assistance under this Act shall be provided to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). `(2) Applicability: The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date of enactment of this Act. `(b) Waiver: Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- `(1) a statement of the determination; `(2) a detailed explanation of the assistance to be provided; `(3) the estimated dollar amount of the assistance; and `(4) an explanation of how the assistance furthers United States national interests.'. SEC. 204. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. The International Financial Institutions Act (22 U.S.C. 262c et seq.) is amended by inserting after section 1620 the following new section: `SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. `(a) In General: The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to vote against any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). `(b) Definition: For purposes of this section, the term `international financial institution' includes-- `(1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; `(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund; and `(3) any similar institution established after the date of enactment of this section.'. SEC. 205. ANTITERRORISM ASSISTANCE. (a) Foreign Assistance Act: Section 573 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended-- (1) in subsection (c), by striking `development and implementation of the antiterrorism assistance program under this chapter, including'; (2) by amending subsection (d) to read as follows: `(d)(1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance. `(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the funds made available to carry out this chapter for that fiscal year.'; and (3) by striking subsection (f). (b) Assistance to Foreign Countries To Procure Explosives Detection Devices and Other Counterterrorism Technology: (1) Subject to section 575(b), up to $3,000,000 in any fiscal year may be made available-- (A) to procure explosives detection devices and other counterterrorism technology; and (B) for joint counterterrorism research and development projects on such technology conducted with NATO and major non-NATO allies under the auspices of the Technical Support Working Group of the Department of State. (2) As used in this subsection, the term `major non-NATO allies' means those countries designated as major non-NATO allies for purposes of section 2350a(i)(3) of title 10, United States Code. (c) Assistance to Foreign Countries: Notwithstanding any other provision of law (except section 620A of the Foreign Assistance Act of 1961) up to $1,000,000 in assistance may be provided to a foreign country for counterterrorism efforts in any fiscal year if-- (1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and (2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance. SEC. 206. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. (a) Exception to Foreign Sovereign Immunity for Certain Cases: Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking the period at the end of paragraph (6) and inserting `; or' and (B) by adding at the end the following new paragraph: `(7) not otherwise covered by paragraph (2) in which money damages are sought against a foreign government for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18, United States Code) for a person carrying out such an act, by a foreign state or by any official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that-- `(A) the claimant must first afford the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; and `(B) an action under this paragraph shall not be maintained unless the act upon which the claim is based-- `(i) occurred while the individual bringing the claim was a national of the United States (as that term is defined in section 101(a)(2) of the Immigration and Nationality Act); and `(ii) occurred while the foreign state was designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371).'; and (2) by adding at the end the following new subsection: `(e) For purposes of paragraph (7)-- `(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991 (28 U.S.C. 350 note); `(2) the term `hostage taking' has the meaning given such term in Article 1 of the International Convention Against the Taking of Hostages; and `(3) the term `aircraft sabotage' has the meaning given such term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.'. (b) Exception to Immunity From Attachment: (1) Foreign state: Section 1610(a) of title 28, United States Code, is amended-- (A) by striking the period at the end of paragraph (6) and inserting `, or'; and (B) by adding at the end the following new paragraph: `(7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based.'. (2) Agency or instrumentality: Section 1610(b)(2) of such title is amended-- (A) by striking `or (5)' and inserting `(5), or (7)'; and (B) by striking `used for the activity' and inserting `involved in the act'. (c) Applicability: The amendments made by this title shall apply to any cause of action arising before, on, or after the date of the enactment of this Act. SEC. 207. REPORT ON SUPPORT FOR INTERNATIONAL TERRORISTS. Not later than 60 days after the date of enactment of this Act, and annually thereafter in the report required by section 140 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f), the Secretary of State shall submit a report to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate that includes-- (1) a detailed assessment of international terrorist groups including their-- (A) size, leadership, and sources of financial and logistical support; (B) goals, doctrine, and strategy; (C) nature, scope, and location of human and technical infrastructure; (D) level of education and training; (E) bases of operation and recruitment; (F) operational capabilities; and (G) linkages with state and non-state actors such as ethnic groups, religious communities, or criminal organizations; (2) a detailed assessment of any country that provided support of any type for international terrorism, terrorist groups, or individual terrorists, including countries that knowingly allowed terrorist groups or individuals to transit or reside in their territory, regardless of whether terrorist acts were committed on their territory by such individuals; (3) a detailed assessment of individual country efforts to take effective action against countries named in section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), including the status of compliance with international sanctions and the status of bilateral economic relations; and (4) United States Government efforts to implement this title. SEC. 208. DEFINITION OF ASSISTANCE. For purposes of this title-- (1) the term `assistance' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and (2) the term `assistance' does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance). SEC. 209. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION FOR VISAS. Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 1182(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2) by striking `If' and inserting `(1) Subject to paragraph (2), if'; and (3) by inserting at the end the following paragraph: `(2) With respect to applications for visas, the Secretary of State may waive the application of paragraph (1) in the case of a particular alien or any class or classes of excludable aliens, except in cases of intent to immigrate.'. SEC. 210. MEMBERSHIP IN A TERRORIST ORGANIZATION AS A BASIS FOR EXCLUSION FROM THE UNITED STATES UNDER THE IMMIGRATION AND NATIONALITY ACT. Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended-- (1) in clause (i)-- (A) by striking `or' at the end of subclause (I); (B) by inserting `or' at the end of subclause (II); and (C) by inserting after subclause (II) the following new subclause: `(III) is a member of a terrorist organization or who actively supports or advocates terrorist activity,'; and (2) by adding at the end the following new clause: `(iv) Terrorist organization defined: As used in this subparagraph, the term `terrorist organization' means an organization that engages in, or has engaged in, terrorist activity as designated by the Secretary of State, after consultation with the Secretary of the Treasury.'. TITLE III--ALIEN REMOVAL SEC. 301. ALIEN TERRORIST REMOVAL. (a) Table of Contents: The Immigration and Nationality Act is amended by adding at the end of the table of contents the following: `TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES `501. Definitions. `502. Applicability. `503. Removal of alien terrorists.'. (b) Alien Terrorist Removal: The Immigration and Nationality Act is amended by adding at the end the following new title: `TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES `SEC. 501. DEFINITIONS. `As used in this title-- `(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B); `(2) the term `classified information' has the same meaning as defined in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App. IV); `(3) the term `national security' has the same meaning as defined in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App. IV); `(4) the term `special court' means the court described in section 503(c); and `(5) the term `special removal hearing' means the hearing described in section 503(e). `SEC. 502. APPLICABILITY. `(a) In General: The provisions of this title may be followed in the discretion of the Attorney General whenever the Department of Justice has classified information that an alien described in section 241(a)(4)(B) is subject to deportation because of such section. `(b) Procedures: Whenever an official of the Department of Justice files, under section 503(a), an application with the court established under section 503(c) for authorization to seek removal pursuant to this title, the alien's rights regarding removal and expulsion shall be governed solely by the provisions of this title, except as specifically provided. `SEC. 503. REMOVAL OF ALIEN TERRORISTS. `(a) Application for Use of Procedures: This section shall apply whenever the Attorney General certifies under seal to the special court that-- `(1) the Attorney General or Deputy Attorney General has approved of the proceeding under this section; `(2) an alien terrorist is physically present in the United States; and `(3) removal of such alien terrorist by deportation proceedings described in sections 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information. `(b) Custody and Release Pending Hearing: (1) The Attorney General may take into custody any alien with respect to whom a certification has been made under subsection (a), and notwithstanding any other provision of law, may retain such alien in custody in accordance with this subsection. `(2)(A) An alien with respect to whom a certification has been made under subsection (a) shall be given a release hearing before the special court designated pursuant to subsection (c). `(B) The judge shall grant the alien release, subject to such terms and conditions prescribed by the court (including the posting of any monetary amount), pending the special removal hearing if-- `(i) the alien is lawfully present in the United States; `(ii) the alien demonstrates that the alien, if released, is not likely to flee; and `(iii) the alien demonstrates that release of the alien will not endanger national security or the safety of any person or the community. `(C) The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the special hearing. `(c) Special Court: (1) The Chief Justice of the United States shall publicly designate not more than 5 judges from up to 5 United States judicial districts to hear and decide cases arising under this section, in a manner consistent with the designation of judges described in section 103(a) of the Foreign Intelligence Surveillance Act (50 U.S.C. 1803(a)). `(2) The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). `(d) Invocation of Special Court Procedure: (1) When the Attorney General makes the application described in subsection (a), a single judge of the special court shall consider the application in camera and ex parte. `(2) The judge shall invoke the procedures of subsection (e) if the judge determines that there is probable cause to believe that-- `(A) the alien who is the subject of the application has been correctly identified and is an alien as described in section 241(a)(4)(B); and `(B) a deportation proceeding described in section 242, 242A, or 242B would pose a risk to the national security of the United States because such proceedings would disclose classified information. `(e) Special Removal Hearing: (1) Except as provided in paragraph (5), the special removal hearing authorized by a showing of probable cause described in subsection (d)(2) shall be open to the public. `(2) The alien shall have a reasonable opportunity to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent such alien. Counsel may be appointed as described in section 3006A of title 18, United States Code. `(3) The alien shall have a reasonable opportunity to introduce evidence on his own behalf, and except as provided in paragraph (5), shall have a reasonable opportunity to cross-examine any witness or request that the judge issue a subpoena for the presence of a named witness. `(4)(A) An alien subject to removal under this section shall have no right-- `(i) of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 801 et seq.) or otherwise for national security purposes if disclosure would present a risk to the national security; or `(ii) to seek the suppression of evidence that the alien alleges was unlawfully obtained, except on grounds of credibility or relevance. `(B) The Government is authorized to use, in the removal proceedings, the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 801 et seq.) without regard to subsections 106 (c), (e), (f), (g), and (h) of such Act. `(C) Section 3504 of title 18, United States Code, shall not apply to procedures under this section if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information. `(5) The judge shall authorize the introduction in camera and ex parte of any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information. With respect to such evidence, the Attorney General shall submit to the court an unclassified summary of the specific evidence prepared in accordance with paragraph (6). `(6)(A) The information submitted under paragraph (5)(B) shall contain an unclassified summary of the classified information that does not pose a risk to national security. `(B) The judge shall approve the summary within 15 days of submission if the judge finds that it is sufficient to inform the alien of the nature of the evidence that such person is an alien as described in section 241(a), and to provide the alien with substantially the same ability to make his defense as would disclosure of the classified information. `(C) The Attorney General shall cause to be delivered to the alien a copy of the unclassified summary approved under subparagraph (B). `(D) If the written unclassified summary is not approved by the court pursuant to subparagraph (B), the Department of Justice shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary. `(E) If the revised unclassified summary is not approved by the court within 15 days of its submission pursuant to subparagraph (B), the special removal hearing shall be terminated unless the court, within that time, after reviewing the classified information in camera and ex parte, issues written findings that-- `(i) the alien's continued presence in the United States would likely cause-- `(I) serious and irreparable harm to the national security; or `(II) death or serious bodily injury to any person; and `(ii) provision of either the classified information or an unclassified summary that meets the standard set forth in subparagraph (B) would likely cause-- `(I) serious and irreparable harm to the national security; or `(II) death or serious bodily injury to any person; and `(iii) the unclassified summary prepared by the Justice Department is adequate to allow the alien to prepare a defense. `(F) If the court issues such findings, the special removal proceeding shall continue, and the Attorney General shall cause to be delivered to the alien within 15 days of the issuance of such findings a copy of the unclassified summary together with a statement that it meets the standard set forth in subparagraph (E)(iii). `(G)(i) Within 10 days of filing of the appealable order the Department of Justice may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of-- `(I) any determination made by the judge concerning the requirements set forth in subparagraph (B). `(II) any determination made by the judge concerning the requirements set forth in subparagraph (E). `(ii) In an interlocutory appeal taken under this paragraph, the entire record, including any proposed order of the judge or summary of evidence, shall be transmitted to the Court of Appeals under seal, and the matter shall be heard ex parte. The Court of Appeals shall consider the appeal as expeditiously as possible, but no later than 30 days after filing of the appeal. `(f) Determination of Deportation: The judge shall, considering the evidence on the record as a whole (in camera and otherwise), require that the alien be deported if the Attorney General proves, by clear and convincing evidence, that the alien is subject to deportation because such alien is an alien as described in section 241(a)(4)(B). If the judge finds that the Department of Justice has met this burden, the judge shall order the alien removed and, if the alien was released pending the special removal proceeding, order the Attorney General to take the alien into custody. `(g) Appeals: (1) The alien may appeal a final determination under subsection (f) to the United States Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal with such court not later than 30 days after the determination is made. An appeal under this section shall be heard by the Court of Appeals sitting en banc. `(2) The Attorney General may appeal a determination under subsection (d), (e), or (f) to the Court of Appeals for the District of Columbia Circuit, by filing a notice of appeal with such court not later than 20 days after the determination is made under any one of such subsections. `(3) If the Department of Justice does not seek review, the alien shall be released from custody, unless such alien may be arrested and taken into custody pursuant to title II as an alien subject to deportation, in which case such alien shall be treated in accordance with the provisions of this Act concerning the deportation of aliens. `(4) If the application for the order is denied because the judge has not found probable cause to believe that the alien who is the subject of the application has been correctly identified or is an alien as described in paragraph 4(B) of section 241(a), and the Department of Justice seeks review, the alien shall be released from custody unless such alien may be arrested and taken into custody pursuant to title II as an alien subject to deportation, in which case such alien shall be treated in accordance with the provisions of this Act concerning the deportation of aliens simultaneously with the application of this title. `(5)(A) If the application for the order is denied based on a finding that no probable cause exists to find that adherence to the provisions of title II regarding the deportation of the identified alien would pose a risk of irreparable harm to the national security of the United States, or death or serious bodily injury to any person, the judge shall release the alien from custody subject to the least restrictive condition or combination of conditions of release described in section 3142(b) and (c)(1)(B) (i) through (xiv) of title 18, United States Code, that will reasonably ensure the appearance of the alien at any future proceeding pursuant to this title and will not endanger the safety of any other person or the Community. `(B) The alien shall remain in custody if the court fails to make a finding under subparagraph (A), until the completion of any appeal authorized by this title. Sections 3145 through 3148 of title 18, United States Code, pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release condition, shall apply to an alien to whom the previous sentence applies and-- `(i) for purposes of section 3145 of such title, an appeal shall be taken to the United States Court of Appeals for the District of Columbia Circuit; and `(ii) for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment. `(6) When requested by the Attorney General, the entire record of the proceeding under this section shall be transmitted to the court of appeals or the Supreme Court under seal. The court of appeals or Supreme Court may consider such appeal in camera.'. SEC. 302. EXTRADITION OF ALIENS. (a) Scope: Section 3181 of title 18, United States Code, is amended-- (1) by inserting `(a)' before `The provisions of this chapter'; and (2) by adding at the end the following new subsections: `(b) The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that-- `(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and `(2) the offenses charged are not of a political nature. `(c) As used in this section, the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).'. (b) Fugitives: Section 3184 of title 18, United States Code, is amended-- (1) in the first sentence by inserting after `United States and any foreign government,' the following: `or in cases arising under section 3181(b),'; (2) in the first sentence by inserting after `treaty or convention,' the following: `or provided for under section 3181(b),'; and (3) in the third sentence by inserting after `treaty or convention,' the following: `or under section 3181(b),'. SEC. 303. CHANGES TO THE IMMIGRATION AND NATIONALITY ACT TO FACILITATE REMOVAL OF ALIEN TERRORISTS. (a) Terrorism Activities: Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended to read as follows: `(B) Terrorism activities: `(i) In general: Any alien who-- `(I) has engaged in a terrorism activity, or `(II) a consular officer or the Attorney General knows, or has reason to believe, is likely to engage after entry in any terrorism activity (as defined in clause (iii)), is excludable. An alien who is an officer, official, representative, or spokesman of any terrorist organization designated as a terrorist organization by proclamation by the President after finding such organization to be detrimental to the interest of the United States, or any person who directs, counsels, commands, or induces such organization or its members to engage in terrorism activity, shall be considered, for purposes of this Act, to be engaged in terrorism activity. `(ii) Terrorism activity defined: As used in this Act, the term `terrorism activity' means any activity that is unlawful under the laws of the place where it is committed (or which, if it had been committed in the United States, would be unlawful under the laws of the United States or any State), and that involves any of the following: `(I) The hijacking or sabotage of any conveyance (including an aircraft, vessel, or vehicle). `(II) The seizing or detaining, and threatening to kill, injure, or continue to detain, another individual to compel a third person (including a governmental organization) to do or abstain from doing any act as an explicit or implicit condition for the release of the individual seized or detained. `(III) A violent attack upon an internationally protected person (as defined in section 1116(b)(4) of title 18, United States Code) or upon the liberty of such a person. `(IV) An assassination. `(V) The use of any-- `(aa) biological agent, chemical agent, or nuclear weapon or device, or `(bb) explosive, firearm, or other weapon (other than for mere personal monetary gain), with intent to endanger, directly, or indirectly, the safety of one or more individuals or to cause substantial damage to property. `(VI) A threat, attempt, or conspiracy to do any of the foregoing. `(iii) Engage in terrorism activity defined: As used in this Act, the term `engage in terrorism activity' means to commit, in an individual capacity or as a member of an organization, an act of terrorism activity, or an act that the actor knows affords material support to any individual, organization, or government that the actor knows plans to commit terrorism activity, including any of the following acts: `(I) The preparation or planning of terrorism activity. `(II) The gathering of information on potential targets for terrorism activity. `(III) The providing of any type of material support, including a safe house, transportation, communications, funds, false documentation or identification, weapons, explosives, or training. `(IV) The soliciting of funds or other things of value for terrorism activity or for any terrorist organization. `(V) The solicitation of any individual for membership in a terrorist organization, terrorist government, or to engage in a terrorism activity. `(iv) Terrorist organization defined: As used in this Act, the term `terrorist organization' means-- `(I) an organization engaged in, or that has a significant subgroup that engages in, terrorism activity, regardless of any legitimate activities conducted by the organization or its subgroups; and `(II) an organization designated by the Secretary of State under section 2339B of title 18.'. (b) Deportable Aliens: Section 241(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(4)(B)) is amended to read as follows: `(B) Terrorism activities: Any alien who is engaged, or at any time after entry engages in, any terrorism activity (as defined in section 212(a)(3)(B)) is deportable.'. (c) Burden of Proof: Section 291 of the Immigration and Nationality Act (8 U.S.C. 1361) is amended by inserting after `custody of the Service.' the following new sentence: `The limited production authorized by this provision shall not extend to the records of any other agency or department of the Government or to any documents that do not pertain to the respondent's entry.'. (d) Apprehension and Deportation of Aliens: Section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)(3)) is amended by inserting immediately after paragraph (4) the following: `For purposes of paragraph (3), in the case of an alien who is not lawfully admitted for permanent residence and notwithstanding the provisions of any other law, reasonable opportunity shall not include access to classified information, whether or not introduced in evidence against the alien, except that any proceeding conducted under this section which involves the use of classified evidence shall be conducted in accordance with the procedures of section 501. Section 3504 of title 18, United States Code, and 18 U.S.C. 3504 and the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) shall not apply in such cases.'. (e) Criminal Alien Removal: (1) Judicial review: Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows: `(10) Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.'. (2) Final order of deportation defined: Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: `(47)(A) The term `order of deportation' means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. `(B) The order described under subparagraph (A) shall become final upon the earlier of-- `(i) a determination by the Board of Immigration Appeals affirming such order; or `(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.'. (3) Arrest and custody: Section 242(a)(2) of such Act is amended-- (A) in subparagraph (A)-- (i) by striking `(2)(A) The Attorney' and inserting `(2) The Attorney'; (ii) by striking `an aggravated felony upon' and all that follows through `of the same offense)' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), upon release of the alien from incarceration, shall deport the alien as expeditiously as possible'; and (iii) by striking `but subject to subparagraph (B)'; and (B) by striking subparagraph (B). (4) Classes of excludable aliens: Section 212(c) of such Act (8 U.S.C. 1182(c)) is amended-- (A) by striking `The first sentence of this' and inserting `This'; and (B) by striking `has been convicted of one or more aggravated felonies' and all that follows through the end and inserting `is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'. (5) Aggravated felony defined: Section 101(a)(43) of such Act is amended-- (A) in subparagraph (F)-- (i) by inserting `, including forcible rape,' after `offense)'; and (ii) by striking `5 years' and inserting `1 year'; and (B) in subparagraph (G) by striking `5 years' and inserting `1 year'. (6) Deportation of criminal aliens: Section 242A(a) of such Act (8 U.S.C. 1252a) is amended-- (A) in paragraph (1)-- (i) by striking `aggravated felonies (as defined in section 101(a)(43) of this title)' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'; and (ii) by striking `, where warranted,'; (B) in paragraph (2), by striking `aggravated felony' and all that follows through `before any scheduled hearings.' and inserting `any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).'. (7) Deadlines for deporting alien: Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended-- (A) by striking `(c) When a final order' and inserting `(c)(1) Subject to paragraph (2), when a final order'; and (B) by inserting at the end the following new paragraph: `(2) When a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the order within which to effect the alien's departure from the United States. The Attorney General shall have sole and unreviewable discretion to waive the foregoing provision for aliens who are cooperating with law enforcement authorities or for purposes of national security.'. (f) Effective Date: The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to cases pending before, on, or after such date of enactment. SEC. 304. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION FILES THROUGH COURT ORDER. (a) Confidentiality of Information: Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended-- (1) by inserting `(i)' after `except the Attorney General'; and (2) by inserting after `Title 13' the following: `and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used-- `(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or `(II) for criminal law enforcement purposes against the alien whose application is to be disclosed.'. (b) Applications for Adjustment of Status: Section 210(b) of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended-- (1) in paragraph (5), by inserting `, except as allowed by a court order issued pursuant to paragraph (6) of this subsection' after `consent of the alien'; and (2) in paragraph (6), by inserting the following sentence before `Anyone who uses': `Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.'. TITLE IV--CONTROL OF FUNDRAISING FOR TERRORISM ACTIVITIES SEC. 401. PROHIBITION ON TERRORIST FUNDRAISING. (a) In General: Chapter 113B of title 18, United States Code, is amended by adding at the end the following new section: `Sec. 2339B. Fundraising for terrorist organizations `(a) Findings and Purpose: `(1) The Congress finds that-- `(A) terrorism is a serious and deadly problem which threatens the interests of the United States overseas and within our territory; `(B) the Nation's security interests are gravely affected by the terrorist attacks carried out overseas against United States Government facilities and officials, and against American citizens present in foreign countries; `(C) United States foreign policy and economic interests are profoundly affected by terrorist acts overseas directed against foreign governments and their people; `(D) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage; `(E) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States or use the United States as a conduit for the receipt of funds raised in other nations; and `(F) the provision of funds to organizations that engage in terrorism serves to facilitate their terrorist endeavors, regardless of whether the funds, in whole or in part, are intended or claimed to be used for nonviolent purposes. `(2) The purpose of this section is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States or subject to the jurisdiction of the United States from providing funds, directly or indirectly, to foreign organizations, including subordinate or affiliated persons, that engage in terrorism activities. `(b) Designation: `(1) The Secretary of State, after consultation with the Secretary of the Treasury, is authorized to designate under this section any foreign organization based on finding that-- `(A) the organization engages in terrorism activity as defined in section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)); and `(B) the organization's terrorism activities threaten the security of United States citizens, national security, foreign policy, or the economy of the United States. `(2) Not later than 7 days after making a designation under paragraph (1), the Secretary of State shall prepare and transmit to Congress a report containing a list of the designated organizations and a summary of the facts underlying the designation. The designation shall take effect 30 days after the receipt of actual notice under subsection (b)(6), unless otherwise provided by law. `(3) A designation or redesignation under this subsection shall be in effect for 1 year following its effective date, unless revoked under paragraph (4). `(4)(A) If the Secretary of State, after consultation with the Secretary of the Treasury, finds that the conditions that were the basis for any designation issued under this subsection have changed in such a manner as to warrant revocation of such designation, or that the national security, foreign relations, or economic interests of the United States so warrant, the Secretary of State may revoke such designation in whole or in part. `(B) Not later than 7 calendar days after the Secretary of State finds that an organization no longer engages in, or supports, terrorism activity, the Secretary of State shall prepare and transmit to Congress a supplemental report stating the reasons for the finding. `(5) Any designation, or revocation of a designation, issued under this subsection shall be published in the Federal Register not later than 7 calendar days after the Secretary of State makes the designation. `(6) Not later than 7 calendar days after making a designation under this subsection, the Secretary of State shall give the organization actual notice of-- `(A) the designation; `(B) the consequences of the designation for the organization's ability to raise funds in the United States; and `(C) the availability of judicial review. `(7) Any revocation or lapsing of a designation shall not affect any action or proceeding based on any conduct committed prior to the effective date of such revocation or lapsing. `(8) Classified information may be used in making a designation under this subsection. Such information shall not be disclosed to the public or to any party, but may be disclosed to a court ex parte and in camera. `(9) No question concerning the validity of the issuance of a designation issued under this subsection may be raised by a defendant in a criminal prosecution as a defense in or as an objection to any trial or hearing if such designation was issued and published in the Federal Register. `(c) Judicial Review: `(1) Organizations designated by the Secretary of State as engaging in, or supporting, terrorism activities under this section may seek review of the designation in the District Court for the District of Columbia not later than 30 days after receipt of actual notice under subsection (b)(6). `(2) In reviewing a designation under this subsection, the court shall receive relevant oral or documentary evidence, unless the court finds that the probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or considerations of undue delay, waste of time, or needless presentation of cumulative evidence, or unless its introduction or consideration is prohibited by a common law privilege or by the Constitution or laws of the United States. A party shall be entitled to present its case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. `(3) The judge shall authorize the introduction in camera and ex parte of any item of evidence containing classified information for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States. With respect to such evidence, the Attorney General shall submit to the court either-- `(A) a statement identifying relevant facts that the specific evidence would tend to prove; or `(B) an unclassified summary of the specific evidence prepared in accordance with paragraph (5). `(4)(A)(i) The Secretary of State shall have the burden of demonstrating that there are specific and articulable facts giving reason to believe that the organization engages in or supports terrorism activity (as that term is defined in section 212(a)(3)(B)). `(ii) The organization shall have the burden of proving that its purpose is to engage in religious, charitable, literary, educational, or nonterrorism activities and that it engages in such activities. `(iii) The Secretary shall have the burden of proving that the control group of the organization has actual knowledge that the organization or its resources are being used for terrorism activities. `(iv) If any portion of the Secretary's evidence consists of classified information that cannot be revealed to the organization for national security reasons, the Secretary must prove these elements by clear and convincing evidence. `(B) If the court finds, under the standards stated in subparagraph (A) that the control group of the organization has actual knowledge that the organization or its resources are being used for terrorism activities, the court shall affirm the designation of the Secretary. `(C)(i) If the court finds by a preponderance of the evidence that the organization or its resources have been used for terrorism activities without the knowledge of the control group, but that the control group is now aware of these facts, the court may condition revocation of the designation on the control group's undertaking or completing all steps within its power to prevent the organization or its resources from being used for terrorism activities. Such steps may include-- `(I) maintaining financial records adequate to document the use of the organization's resources; and `(II) making records available to the Secretary for inspection. `(ii) If a designation is revoked under subsection (B)(4) and the organization fails to comply with any condition imposed, the designation may be reinstated by the Secretary of State upon a showing that the organization failed to comply with the condition. `(5)(A) The information submitted under paragraph (3)(B) shall contain an unclassified summary of the classified information that does not pose a risk to national security. `(B) The judge shall approve the unclassified summary if the judge finds that the summary is sufficient to inform the organization of the activities described in section 212(a)(3)(B) in which the organization is alleged to engage, and to permit the organization to defend against the designation. `(C) The Attorney General shall cause to be delivered to the organization a copy of the unclassified summary approved under subparagraph (B). `(6) The court shall decide the case on the basis of the evidence on the record as a whole, in camera or otherwise. `(d) Prohibited Activities: It shall be unlawful for any person within the United States, or any person subject to the jurisdiction of the United States anywhere, to directly or indirectly, raise, receive, or collect on behalf of, or furnish, give, transmit, transfer, or provide funds to or for an organization or person designated by the Secretary of State under subsection (b), or to attempt to do any of the foregoing. `(e) Special Requirements for Financial Institutions: `(1) Except as authorized by the Secretary of State, after consultation with the Secretary of the Treasury, by means of directives, regulations, or licenses, any financial institution that becomes aware that it has possession of or control over any funds in which an organization or person designated under subsection (b) has an interest, shall-- `(A) retain possession of or maintain control over such funds; and `(B) report to the Secretary the existence of such funds in accordance with the regulations prescribed by the Secretary. `(2) Any financial institution that knowingly fails to report to the Secretary the existence of such funds shall be subject to a civil penalty of $250 per day for each day that it fails to report to the Secretary-- `(A) in the case of funds being possessed or controlled at the time of the designation of the organization or person, within 10 days after the designation; and `(B) in the case of funds whose possession of or control over arose after the designation of the organization or person, within 10 days after the financial institution obtained possession of or control over the funds. `(f) Investigations: Any investigation emanating from a possible violation of this section shall be conducted by the Attorney General, except that investigations relating to-- `(1) a financial institution's compliance with the requirements of subsection (e); and `(2) civil penalty proceedings authorized pursuant to subsection (g)(2), shall be conducted in coordination with the Attorney General by the office within the Department of the Treasury responsible for civil penalty proceedings authorized by this section. Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action. `(g) Penalties: `(1) Any person who, with knowledge that the donee is a designated entity, violates subsection (d) shall be fined under this title, or imprisoned for up to ten years, or both. `(2) Any financial institution that knowingly fails to comply with subsection (e), or by regulations promulgated thereunder, shall be subject to a civil penalty of $50,000 per violation, or twice the amount of money of which the financial institution was required to retain possession or control, whichever is greater. `(h) Injunction: `(1) Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act which constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation. `(2) A proceeding under this subsection is governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery is governed by the Federal Rules of Criminal Procedure. `(i) Extraterritorial Jurisdiction: There is extraterritorial Federal jurisdiction over an offense under this section. `(j) Classified Information in Civil Proceedings Brought by the United States: `(1) Discovery of classified information by defendants: A court, upon a sufficient showing, may authorize the United States to delete specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure, to substitute an unclassified summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove. The court shall permit the United States to make a request for such authorization in the form of a written statement to be inspected by the court alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the statement of the United States shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. If the court enters an order denying relief to the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with the provisions of paragraph (3). For purposes of such an appeal, the entire text of the underlying written statement of the United States, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court. `(2) Introduction of classified information; precautions by court: `(A) Exhibits: The United States, to prevent unnecessary or inadvertent disclosure of classified information in a civil trial or other proceeding brought by the United States under this section, may petition the court ex parte to admit, in lieu of classified writings, recordings or photographs, one or more of the following: `(i) copies of those items from which classified information has been deleted; `(ii) stipulations admitting relevant facts that specific classified information would tend to prove; or `(iii) an unclassified summary of the specific classified information. The court shall grant such a motion of the United States if the court finds that the redacted item, stipulation, or unclassified summary will provide the defendant with substantially the same ability to make his defense as would disclosure of the specific classified information. `(B) Taking of trial testimony: During the examination of a witness in any civil proceeding brought by the United States under this section, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. Following such an objection, the court shall take suitable action to determine whether the response is admissible and, in doing so, shall take precautions to guard against the compromise of any classified information. Such action may include permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry, and requiring the defendant to provide the court with a proffer of the nature of the information the defendant seeks to elicit. `(C) Appeal: If the court enters an order denying relief to the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (3). `(3) Interlocutory appeal: `(A) An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court-- `(i) authorizing the disclosure of classified information; `(ii) imposing sanctions for nondisclosure of classified information; or `(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information. `(B) An appeal taken pursuant to this paragraph either before or during trial shall be expedited by the court of appeals. Prior to trial, an appeal shall be taken not later than 10 days after the decision or order appealed from, and the trial shall not commence until the appeal is resolved. If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved. The court of appeals-- `(i) shall hear argument on such appeal not later than 4 days after the adjournment of the trial; `(ii) may dispense with written briefs other than the supporting materials previously submitted to the trial court; `(iii) shall render its decision not later than 4 days after argument on appeal; and `(iv) may dispense with the issuance of a written opinion in rendering its decision. `(C) An interlocutory appeal and decision under this paragraph shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error, reversal by the trial court on remand of a ruling appealed from during trial. `(4) Construction: Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege. `(k) Definitions: As used in this section-- `(1) the term `classified information' means any information or material that has been determined by the United States Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security and any restricted data, as defined in paragraph (r) of section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014(y)); `(2)(A) the term `control group' means the officers or agents charged with directing the affairs of the organization; `(B) if a single officer or agent is authorized to conduct the affairs of the organization, the knowledge of the officer or agent that the organization or its resources are being used for terrorism activities shall constitute knowledge of the control group; `(C) if a single officer or agent is a member of a group empowered to conduct the affairs of the organization but cannot conduct the affairs of the organization on his or her own authority, that person's knowledge shall not constitute knowledge by the control group unless that person's knowledge is shared by a sufficient number of members of the group so that the group with knowledge has the authority to conduct the affairs of the organization; `(3) the term `financial institution' has the meaning prescribed in section 5312(a)(2) of title 31, United States Code, including any regulations promulgated thereunder; `(4) the term `funds' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing; `(5) the term `national security' means the national defense and foreign relations of the United States; `(6) the term `person' includes an individual, partnership, association, group, corporation, or other organization; `(7) the term `Secretary' means the Secretary of the Treasury; and `(8) the term `United States', when used in a geographical sense, includes all commonwealths, territories, and possessions of the United States.'. (b) Technical Amendment: The analysis for chapter 113B of title 18, United States Code, is amended by adding at the end the following new item: `2339B. Fundraising for terrorist organizations.'. (c) Classified Information in Civil Proceedings: Section 2339B(k) of title 18, United States Code (relating to classified information in civil proceedings brought by the United States), shall also be applicable to civil proceedings brought by the United States under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). SEC. 402. CORRECTION TO MATERIAL SUPPORT PROVISION. Section 2339A of title 18, United States Code, is amended to read as follows: `Sec. 2339A. Providing material support to terrorists `(a) Definition: In this section, `material support or resources' means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, but does not include humanitarian assistance to persons not directly involved in such violations. `(b) Offense: A person who, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, or 2332a of this title or section 46502 of title 49, or in preparation for or carrying out the concealment or an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both.'. TITLE V--ASSISTANCE TO FEDERAL LAW ENFORCEMENT AGENCIES SUBTITLE A--ANTITERRORISM ASSISTANCE SEC. 501. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS. (a) In General: The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding after section 623 the following new section: `SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE PURPOSES. `(a) Identity of Financial Institutions: (1) Notwithstanding section 604 or any other provision of this title, a court or magistrate judge may issue an order ex parte directing a consumer reporting agency to furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency. The court or magistrate judge shall issue the order if the Director of the Federal Bureau of Investigation, or the Director's designee, certifies in writing to the court or magistrate judge that-- `(A) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and `(B) there are specific and articulable facts giving reason to believe that the consumer-- `(i) is a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978) or a person who is not a United States person (as defined in such section 101) and is an official of a foreign power; or `(ii) is an agent of a foreign power and is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. `(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation. `(b) Identifying Information: (1) Notwithstanding section 604 or any other provision of this title, a court or magistrate judge shall issue an order ex parte directing a consumer reporting agency to furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation. The court or magistrate judge shall issue the order if the Director or the Director's designee, certifies in writing that-- `(A) such information is necessary to the conduct of an authorized foreign counterintelligence investigation; and `(B) there is information giving reason to believe that the consumer has been, or is about to be, in contact with a foreign power or an agent of a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978). `(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation. `(c) Court Order for Disclosure of Consumer Reports: (1) Notwithstanding section 604 or any other provision of this title, if requested in writing by the Director of the Federal Bureau of Investigation, or an authorized designee of the Director, a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, upon a showing in camera that-- `(A) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and `(B) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought-- `(i) is an agent of a foreign power; and `(ii) is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States. `(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation. `(d) Confidentiality: (1) No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person, other than officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c). `(2) No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report. `(e) Payment of Fees: The Federal Bureau of Investigation is authorized, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing reports or information in accordance with procedures established under this section, a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section. `(f) Limit on Dissemination: The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except-- `(1) to the Department of Justice, as may be necessary for the approval or conduct of a foreign counterintelligence investigation; or `(2) where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation. `(g) Rules of Construction: Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, or in connection with a judicial or administrative proceeding to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress. `(h) Reports to Congress: On an annual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking and Financial Services of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c). `(i) Damages: Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to the consumer to whom such consumer reports, records, or information relate in an amount equal to the sum of-- `(1) $100, without regard to the volume of consumer reports, records, or information involved; `(2) any actual damages sustained by the consumer as a result of the disclosure; `(3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and `(4) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court. `(j) Disciplinary Actions for Violations: If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation. `(k) Good-Faith Exception: Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State notwithstanding. `(l) Injunctive Relief: In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.'. (b) Clerical Amendment: The table of sections at the beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by adding after the item relating to section 623 the following new item: `624. Disclosures to the Federal Bureau of Investigation for foreign counterintelligence purposes.'. SEC. 502. ACCESS TO RECORDS OF COMMON CARRIERS, PUBLIC ACCOMMODATION FACILITIES, PHYSICAL STORAGE FACILITIES, AND VEHICLE RENTAL FACILITIES IN FOREIGN COUNTERINTELLIGENCE AND COUNTERTERRORISM CASES. Title 18, United States Code, is amended by inserting after chapter 121 the following new chapter: `CHAPTER 122--ACCESS TO CERTAIN RECORDS `Sec. 2720. Access to records of common carriers, public accommodation facilities, physical storage facilities, and vehicle rental facilities in counterintelligence and counterterrorism cases `(a)(1) A court or magistrate judge may issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the Federal Bureau of Investigation. The court or magistrate judge shall issue the order if the Director of the Federal Bureau of Investigation or the Director's designee (whose rank shall be no lower than Assistant Special Agent in Charge) certifies in writing that-- `(A) such records are sought for foreign counterintelligence purposes; and `(B) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or an agent of a foreign power as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 801). `(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation. `(b) No common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, or any officer, employee, or agent of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, shall disclose to any person, other than those officers, agents, or employees of the common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose the information to the Federal Bureau of Investigation under this section. `(c) As used in this chapter-- `(1) the term `common carrier' means a locomotive, rail carrier, bus carrying passengers, water common carrier, air common carrier, or private commercial interstate carrier for the delivery of packages and other objects; `(2) the term `public accommodation facility' means any inn, hotel, motel, or other establishment that provides lodging to transient guests; `(3) the term `physical storage facility' means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof; and `(4) the term `vehicle rental facility' means any person or entity that provides vehicles for rent, lease, loan, or other similar use, to the public or any segment thereof.'. SEC. 503. INCREASE IN MAXIMUM REWARDS FOR INFORMATION CONCERNING INTERNATIONAL TERRORISM. (a) Terrorism Abroad: Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended-- (1) in subsection (c), by striking `$2,000,000' and inserting `$10,000,000'; and (2) in subsection (g), by striking `$5,000,000' and inserting `$10,000,000. (b) Domestic Terrorism: Title 18, United States Code, is amended-- (1) in section 3072, by striking `$500,000' and inserting `$10,000,000'; and (2) in section 3075, by striking `$5,000,000' and inserting `$10,000,000'. (c) General Reward Authority of the Attorney General: (1) In general: Chapter 203 of title 18, United States Code, is amended by adding immediately after section 3059A the following section: `Sec. 3059B. General reward authority `(a) Notwithstanding any other provision of law, the Attorney General may pay rewards and receive from any department or agency funds for the payment of rewards under this section to any individual who assists the Department of Justice in performing its functions. `(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall give notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives. `(c) A determination made by the Attorney General to authorize an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial review.'. SUBTITLE B--INTELLIGENCE AND INVESTIGATION ENHANCEMENTS SEC. 511. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE. (a) Study: The Attorney General and the Director of the Federal Bureau of Investigation shall study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices. (b) Report: Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Congress that includes-- (1) the findings of the study conducted pursuant to subsection (a); (2) recommendations for the use of electronic devices in conducting surveillance of terrorist or other criminal organizations, and for any modifications in the law necessary to enable the Federal Government to fulfill its law enforcement responsibilities within appropriate constitutional parameters; and (3) a summary of efforts to use current wiretap authority, including detailed examples of situations in which expanded authority would have enabled law enforcement authorities to fulfill their responsibilities. SEC. 512. AUTHORIZATION FOR INTERCEPTIONS OF COMMUNICATIONS IN CERTAIN TERRORISM RELATED OFFENSES. Section 2516(1) of title 18, United States Code, is amended-- (1) in paragraph (c)-- (A) by inserting before `or section 1992 (relating to wrecking trains)' the following: `section 2332 (relating to terrorist acts abroad), section 2332a (relating to weapons of mass destruction, section 2332b (relating to acts of terrorism transcending national boundaries), section 2339A (relating to providing material support to terrorists), section 37 (relating to violence at international airports),'; and (B) by inserting after `section 175 (relating to biological weapons),' the following: `or a felony violation under section 1028 (relating to production of false identification documentation), sections 1541, 1542, 1543, 1544, and 1546 (relating to passport and visa offenses),'; (2) by striking `and' at the end of paragraph (o), as so redesignated by section 512(a)(2); (3) by redesignating paragraph (p), as so redesignated by section 512(a)(2), as paragraph (s); and (4) by inserting after paragraph (o), as so redesignated by section 512(a)(2), the following new subparagraphs: `(p) any violation of section 956 or section 960 of title 18, United States Code (relating to certain actions against foreign nations); `(q) any violation of section 46502 of title 49, United States Code; and'. SEC. 513. REQUIREMENT TO PRESERVE EVIDENCE. Section 2703 of title 18, United States Code, is amended by adding at the end the following new subsection: `(f) Requirement To Preserve Evidence: A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. Such records shall be retained for a period of 90 days, which period shall be extended for an additional 90-day period upon a renewed request by the governmental entity.'. SUBTITLE C--ADDITIONAL FUNDING FOR LAW ENFORCEMENT SEC. 521. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE TO COMBAT TERRORISM. (a) In General: With funds made available pursuant to subsection (b), the Attorney General shall-- (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs