107TH CONGRESS
1st SESSION
H.R.
To combat terrorism and defend the Nation against terrorist acts, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
September _____, 2001
A BILL
To combat terrorism and defend the Nation against terrorist acts, and for
other purposes.
Be if enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SEC. 1. SHORT TITLE.
This act may be cited as the "Mobilization Against Terrorism Act".
SEC. 2. TABLE OF CONTENTS.
The following is the table of contents for this Act:
Sec, 1, Short title.
Sec. 2. Table of contents
Title IINTELLIGENCE GATHERING
Subtitle A, Electronic Surveillance
Sec 101. Terrorism as a predicate act for authorization of wiretaps.
Sec 102 Emergency wiretap and pen register authorities.
Sec. 103. Modification of authorities relating to use of pen registers and
trap and trace devices.
Sec 104. Limitation on statutory exclusion.
Sec. 105. Seizure of voicemail massages pursuant to warrants.
Sac, 106, Multipoint wiretaps,
See 107, Procedures for interception.
Sec. 108 Authorized disclosure
Sec. 109. Savings provision.
Sec. 110. Use of Wiretap information from foreign governments,
Subtitle bWorelgn intelligence Surveillance and Classified Information
Sec. 151. Period of orders of electronic surveillance of nonUnited States
persons under foreign intelligence surveillance
Sec. 152. Thirdparty assistance.
Sec. 153, Foreign intelligence information
Sec, 154. Foreign intelligence information sharing.
Sec. 155. Federal Bureau of Investigation.
Sec 156 Definition.
Sec. 157. Pen register and trap and trade authority
Sec 158 Business records.
Sec. 159. Reporting
Sec 160. Miscellaneous nationalsecurity authorities.
Title IIIMMIGRATION
Sec. 201. Administrative removal of terrorists.
Sec. 202. Definitions relating to terrorism
Sec. 203. Mandatory detention of suspected terrorists,
Sec. 204. Habeas corpus and judicial review.
Sec. 205. Felony punishment for violence committed along the Unified States
border. Sec. 215. Technical clarifications
Title IIICRIMINAL JUSTICE
Subtitle ASubstantive Criminal Law
Sec. 301. No statute of limitation for prosecuting terrorism offenses
Sec. 302, Alternative maximum penalties for terrorism crimes.
Sec. 303. penalties for terrorist conspiracies.
Sec. 304. Terrorism crimes as RICO predicates.
Sec. 305 Biological weapons.
Sec. 306 Support of terrorism through expert advice or assistance.
Sec, 307. Concealment of teal crimes,
Sec 308. Prohibition against harboring terrorists
Sec, 309. Pastrelease supervision of terrorists.
Subtitle B Criminal Procedure
Sec. 351. Presumption against pretrial release in terrorism cases.
Sec 352 Administrative subpoenas in terrorism investigations.
Sec. 353 Singlejurisdiction search warrants for terrorism.
Sec. 154 Notice
Sec. 35c. Undercover investigation of terrorists
Sec, 356 DNA identification of terrorists
Sec 357. Grand jury matters.
Title IVFINANCIAL INFRASTRUCTURE
Sec. 401 Laundering the proceeds of terrorism
Sec. 402 Material support for terrorism
Sec. 403 Forfeitures rotating to terrorism
Sec, 404. Technical clarification relating to provision of material support
:o terrorism Sec. 405. Disclosure of tax information in terrorism and
nationalsecurity investigations.
TITLE V EMERGENCY AUTHORIZATIONS
Sec. 501. Office of Justice Programs.
Sec. 502. Attorney General's authority to pay rewards,
TITLE IINTELLIGENCE GATHERING
Subtitle A Electronic Surveillance
SEC. 101. TERRORISM AS A PREDICATE ACT FOR AUTHORIZATION OF WIRETAPS.
Section 2516(1) of title 18, United States Code, is amended
(1) by redesignating paragraph (p), as so redesignated by section 434(2) of
Public Law 104132 (110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by section 201(3)
of division C of Public Law 104208 (110 Stat. 3009565), the following new
paragraph:
(q) any violation of section 2332d or o1 a provision listed in section
2332b(g)(5)(B) (relating to terrorism); or".
SEC. 102. EMERGENCY WIRETAP AND PEN REGISTER AUTHORITIES.
Title 18, United States Code, is amended in section 2518(7)(a)(iii), by
inserting ", or domestic terrorism or international terrorism (as defined
in section 2331)," after "organized crime"; (2) in section 2331
(A) in subsection (1)(B)(iii), by replacing "assassination" with " mass
destruction, assassination."; and
(B) by inserting the following after subsection (4): "(5) the term
'domestic terrorism' means activities that
(A) involve acts dangerous tohuman life that are a violation of ;he
criminal laws of the United States or of any State;and "
"(B) appear to be intended "(i) to intimidate or coerce a civilian
population;
"(ii) to influence the policy of a government by
intimidation or coercion:
or
"(iii) to affect the conduct of a government by mass destruction
assassination, or kidnapping.'; and
(3) in section 3125(ar
(1) in subparagraph (1)(A), by striking "or" at the end;
(2) in subparagraph (1)(B), by striking the comma at the end and inserting
a semicolon; and
(3) by inserting after subparagraph (1)(B) the following new subparagraphs:
"(C) domestic terrorism or international terrorism (as
defined in section 2331);
"(D) immediate threat to public health or safety, or to
the national security interests of the United States, or
"(E) an ongoing attack on the integrity or availability of
a protected computer, which attack would be an offense.
punishable under section 1030(c)(2)(C), ',.and
(iv) by replacing "or any Deputy Assistant Attorney General," with "any
Deputy Assistant Attorney General, or any United States
Attorney,".
SEC. 1113. MODIFICATION OF AUTHORITIES RELATING TO USE OF
PEN REGISTERS AND TRAP AND TRACE DEVICES.
(a) GENERAL LIMITATION ON USE BY GOVERNMENTAL
AGENCIES Section 3121 (c) of title 18, United States Code, is amended
(1) by inserting "or trap and trace device" after "pen register';
(2) by inserting ", routing, addressing," after "dialing"; and
(3) by striking "call processing" and inserting "the processing and
transmitting of wire and electronic communications". (b) ISSUANCE OF ORDERS
(1) IN GENERAL Subsection (a) of section 3123 of title 18,
,tt",,. United States Code, is amended to read as follows:
"(a) IN GENERAL (1) Upon an application made under section
3122(a)(1), the court shall enter an ex-parte order authorizing the
installation and use of a pen register or trap and trace device anywhere
within the United States, if the court finds that the attorney for the
Government has certified to the court that the information likely to be
obtained by such installation and use is relevant to an ongoing criminal
investigation The order shall, upon service thereof, apply to any entity
providing wire or electronic communication service in the United States
whose assistance may facilitate the execution of the order.
!"'°" `(2) Upon an application made under section
3122(a)(2), the
court shall enter an expads order authorizing the installation and
use of a pen register or trap and trace device within the jurisdiction
of the court, if the court finds that the State lawenforcement or
` investigative officer has certified to the court that the
information
I likely to be obtained by such installation and use is
relevant to an
ongoing criminal investigation.".
(2) CONTENTS OF ORDER Subsection (b)(1) of section
3123 of title 18, United States Code, is amended (A) in subparagraph (A)
(i) by inserting 'or other facility' after"
telephone line"; and
(II) by inserting before they semicolon at the end
or applied"; and
(e) by striking subparagraph (C) and inserting the following new
subparagraph (C);
"(C) the communications to which the order applies, including the number or
other identifier and, if known, the location of the telephone line or other
facility to which the pan register or trap and trace device is to be
attached or applied, and, in the case of an order authorizing installation
and use of a trap and trace device under subsection (a)(2), the geographic
limits of the order; and". (3) NONDISCLOSURE" REQUIREMENTS. Subsection
(d)(2) of section 3123 of title 18, United States Code, is amended
(A) by Inserting "or other facility" after "the line"; and
(B) by striking ". or who has been ordered by the court" and inserting "or
applied, or who is obligated by the order". (c) DEFINITIONS COURT OF
COMPETENT JURISDICTION Paragraph (2) o` section 3127 of title 18, United
States Code, is amended by striking subparagraph (A) and inserting the
following new
09/19/01 13:44 FAX
subparagraph (A):
"(A) any district court of the United States (Including a magistrate judge
of such a court) or any United States Court of Appeals having jurisdiction
over the offense being
investigated, or". (2) PEN REGISTER Paragraph (3) of
section 3127 of title
18, United States Code, is amended
(A) by striking "electronic or other impulses" and all that follows through
"is attached" and inserting "dialing, routing, addressing, or signaling
information transmitted by an instrument or facility from which a wire or
electronic communication is transmitted''; and
(C) by inserting "or process" after ,daVioorl each place it appears. (3)
TRAP AND TRACE DEVICE Paragraph (4) of section
3127 of title 18. United States Code, is amended
(A) by inserting "pr process" after "a device'; and
(B) by striking "of an instrument" and all that follows through the end and
inserting "or other dialing, routing, addressing, and signaling information
relevant to identifying the source of a wire or electronic communication;".
SEC. 104. LIMITATION ON STATUTORY EXCLUSION.
Section 2515 of title 18, United States Code, is amended by inserting after
"chapter" the following. ", provided, That the foregoing prohibition shall
not apply where the interception was pursuant to a goodfaith reliance on an
order of a court of a State or of the United States". SEC. 105. SEIZURE OF
VOICEMAIL MESSAGES PURSUANT TO
WARRANTS.
Title 18, United States Code, is amended
(1) in section 2510
(A) in paragraph (1), by striking all the words after "commerce"; and
(B) in paragraph (14), by inserting "wire or" after "transmission of ; and
(2) in section 2703, by inserting "or wire' after electronic every plane it
occurs before "communication" or "communications'.
SEC. 106. MULTIPOINT WIRETAPS. Section 251 B(111 of title 18, United States
Code, is amended to read as follows: ''(1 1 ) The requirements of
subsections (1)(b)(ii) and (3)(d), relating to the specification of
facilities from which or the place where the communication is to be
intercepted, do not apply if, in the case of an application with respect to
the interception of wire, oral, or electronic communications
"(a) the application is 6y a federal investigative or lawenforcement
officer, and is approved by the Attorney General, the Deputy Attorney
General. the Associate Attorney General, or an Assistant Attorney General;
"(b) the application contains a full and complete statement as to why such
specification is not practical, and identifies the person committing the
offense and whose communications are to be intercepted; and
"(c) the judge finds that the specification is not practical." SEC, 107.
PROCEDURES FOR INTERCEPTION. Section 251&(3)(c) of title 18, United States
Code, is amended by Inserting "(1)" before "normal; (2) inserting "or"
after the semicolon; and (3) adding at the end the following: "(ii) there
is probable cause far belief that the wire, oral, or electronic
communications are being used, or are about to be used, in connection with
domestic terrorism or international terrorism (as defined in section 2331)
or a matter representing an imminent threat to national security; and".
SEC. 108. AUTHORIZED DISCLOSURE. Section 2510(7) of title 18, United States
Code, is amended 6y adding ", and (far purposes only of section 2517) any
officer or employee of tire executive branch of the federal government"
offer "such offenses". SEC. 109. SAVINGS PROVISION. Section 251 f (2)(f) of
title 18, United States Code, is amended by replacing 'or chapter 121" with
", chapter 121, or chapter 206"; and (2) by replacing "wire and oral" with
"wire, oral, and electronic".
SEC. 110.
USE OF WIRETAP INFORMATION FROM FOREIGN GOVERNMENTS.
(a) Chapter 119 of title 18, United States Code, is amended by adding a new
section 2514, as follows: °2514, Use of extraterritorial interceptions by
foreign governments.
"(1) Use of information lawfully received under United States law from the
interception of wire, oral or electronic communications outside the United
States by a foreign government without the connivance or participation of
any officer or employee of the United States or person acting at the
direction thereof shall be admissible, and the information or derivative
information therefrom may be disclosed, in any proceeding held under the
authority of the United States or any state or political subdivision thereof.
"(2) Information described in subsection (1) the government alleges could
affect the national security shall have the same protection afforded by law
to confidential informants,"
(b) The chapter analysis for chapter 119 of title 18, United States Code,
is amended by inserting before the item relating to section 2515 the
following: "2514. Use of extraterritorial interceptions by foreign
governments.',
Subtitle B - Foreign Intelligence Surveillance and Classified Information
SEC. 151. PERIOD OF ORDERS OF ELECTRONIC SURVEILLANCE
OF NONUNITED STATES PERSONS UNDER FOREIGN
INTELLIGENCE SURVEILLANCE.
The Foreign Intelligence Surveillance Act of 1978 is amended by adding "or
an agent of a foreign power, as defined in section 101(b)(1)(A),"
(1) in section 105(e)(1) (50 U.S.C, 1805(e)(1)), after "or (3);'; and
(2) in section 304(d)(1) (50 USC 1824(d)(1)), after "101(a)"'. SEC. 152.
THIRDPARTY ASSISTANCE.
Section 105(c)(2)(B) of the Foreign Intelligence Surveillance Act of 1 978
(50 U.S.C. 1805(c)(2)(B)) is amended by inserting ", or, in circumstances
where the Court finds that the actions of the target of the application may
have the effect of thwarting the identification o` a specified person, such
other persons;" after "specified person"
SEC. 153. FOREIGN INTELLIGENCE INFORMATION,
The Foreign Intelligence Surveillance Act of 1978 is amended by replacing
"that the" with "that a"
(1) in section 104(a)(7)(B) (50 U.S.C. 1804(x)(7)(0)); and
(2) in section 303(a)(7)(B) (50 U.&G. 1823(a)(7)(B)). SEC. 154. FOREIGN
INTELLIGENCE INFORMATION SHARING.
Notwithstanding any other provision of law, it shall be lawful for foreign
intelligence information obtained as part of a criminal investigation
(including, without limitation, information subject to Rule 6(e) of the
Federal Rules of Criminal Procedure and information obtained pursuant to
chapter 119 of title 18, United States Code ) to be provided to any federal
lawenforcement, intelligence, or nationaldefense personnel. SEC. 155.
FEDERAL BUREAU OF INVESTIGATION.
The Foreign Intelligence Surveillance Act of 1978 is amended by inserting
"the Director of the Federal Bureau of Investigation (or, in his absence,
the Deputy Director thereof)," after "Affairs,"
(1) In section 105(x)(7) (50 U S.C. 1 805(x)(7)): and
(2) in section 303(x)(7) (50 U.S.C, 1823(x)(7)). SEC. 156. DEFINITION.
Section 101(x) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801(x)) is amended by adding after paragraph (B) a new paragraph as
follows.
"(7) any foreigndirected individual, group, or entity
designated by the President as a foreign intelligence priority in
accordance with the procedures described in Presidential
Directive 35 (or its successor), or any foreigndirected individual,
group. or entity engaged in a transnational activity so designated
thereunder." SEC. 157. PEN REGISTER AND TRAP AND TRACE AUTHORITY.
Section 402(c) of the Foreign Intelligence Surveillance Act of 197e (50
U.S.C. 1842(c)) is amended
(1) at the end of paragraph (1), by adding "or";
(21 in paragraph (2)
(A) by inserting "from the telephone line to which the pen register or trap
and trace device is to be attached, or the communication instrument or
device to be covered by the pen
register or trap and trace device after "obtained"; and
(B) by replacing all the matter after "General" with a period;
and
(3) by striking paragraph (3). SEC. 158. BUSINESS RECORDS.
Section 501 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1861) is amended to read as follows: "§ 1861. Administrative subpoenas.
"(a) In any investigation to gather foreign intelligence information or an
investigation concerning international terrorism, which investigation is
being conducted by the Federal Bureau of Investigation under such
guidelines as the Attorney General may approve pursuant to Executive Order
12333 (or a successor order), the Attorney General may require the
production of any records (including books, papers, documents, and other
tangible things) that he considers relevant to the investigation.
"(b) In the case of contumacy by or refusal to obey a requirement issued
pursuant to subsection (a) or sections 1805 or 18214, the, Attorney General
may invoke the aid of the Foreign Intelligence Surveillance Court. The
court may issue an order requiring the person to appear before the Attorney
General to produce records, if so ordered. Any failure to obey the order of
the court may be punished as a contempt thereof." SEC, 159, REPORTING.
Section 108(x) of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1808(a)) is amended by striking paragraph (2) and by redesignating
paragraph (1) as subsection (a). SEC. 160. MISCELLANEOUS NATIONALSECURITY
AUTHORITIES.
(a) Section 2709(b) of title 19, United States Code, is amended
(1) by inserting "at Bureau headquarters or Special Agent in
Charge in Bureau field offices" before . may the first place it
occurs;
(2) In paragraph (1)
(A) by replacing "the Director" and all that follows
through "offices" with "he"; and
(B) by replacing "made that" and all that follows
through the end with made that the name, address, length of service, and
toll billing records sought are relevant to an
authorized foreign counterintelligence investigation'; and f3) in paragraph (2)
(A) by replacing the Director" and all that follows through "offices" with
"he"; and
(B) by replacing made that" and all that follows through the end with "made
that the information sought is relevant to an authorized foreign
counterintelligence investigation."
(a) Section 1114(a)(5)(A) of Public Law 95630 (12 U.S.C. 3414(a)(5)(A)) is
amended(1,'i by inserting "in a position not lower than Deputy
Assistant Director at Bureau headquarters or Special Agent in
Charge in Bureau field offices" after "designee"; and
(2) by striking all the matter following "purposes" up to the
period; and
(c) Section 624 of Public Law 90321 (15 USC. 1681 u) is amended(1) in
subsection (a)
(A) by inserting "in a position not lower than Deputy Assistant Director at
Bureau headquarters or Special Agent in Charge in Bureau field offices"
after "designee" the first piece it appears; and
(B) by replacing "writing :hat" and all that follows through the end with
"writing such information is necessary for the conduct of an authorized
foreign counterintelligence investigation "; (2) in subsection (b).
(A) by inserting "(in a position not lower than Deputy Assistant Director
at Bureau headquarters or Special Agent in Charge in Bureau field offices)"
after "designee" the first place it appears; and
(B) by replacing 'writing that" and all that follows through the end with
"writing that such information is necessary for the conduct of an
authorized foreign counterintelligence investigation."; and
., (3) in subsection (c)
(A) by inserting (in a position not lower than Deputy Assistant Director at
Bureau headquarters or Special Agent in Charge in Bureau field offices)"
after "designee"; and
(B) by replacing "camera that" and all that follows through "States." with
camera that the consumer report is
necessary for the conduct of an authorized foreign counterintelligence
investigation."
Title II IMMIGRATION
SEC. 201. ADMINISTRATIVE REMOVAL OF TERRORISTS.
Section 238 of the Immigration and Nationality Ac; of 1952 (t3 U U.S.C.
1228) is amended
(?) in the heading, by replacing "Aliens Convicted Of Committing Aggravated
Felonies" with "Certain Aliens",
(2) in the heading of subsection (a), by inserting Institutional" before
"Removal;
(3) in paragraph (a)(1), by replacing "241" each place it appears with "237"; .
(4) by amending the heading of subsection (b) to reed " Proceedings for the
Administrative Removal of Aliens";
(5) in subsection (b)(1), by inserting "or, in the case of an alien
certified under paragraph (2)(C), under any provision of section 237,"
after "felony)' ;
(B) in subparagraph (b)(2)(A), by striking "or" at the end;
(7) at the end of subparagraph (b)(2)(B), by replacing the period with ";
or", and by inserting thereafter a new subparagraph as follows:
"(C) has been certified by the Attorney General, pursuant to paragraph (6),
which certification is not reviewable except as provided in paragraph (b)(7).";
(8) at the end of paragraph (b)(5), by inserting two new paragraphs as
follows "(6) Recommendation to the Attorney General. The
Commissioner. after consultation with the Director of the Federal
Bureau of investigation, may recommend to the Attorney General
that an alien be certified as an alien the Service has reason to
believe may further or facilitate acts of terrorism as described in
section 237(a)(4)(a)(i), or 237(a)(4)(a)(iii), or 237(a)(4)(B), or any
other activity that endangers the national security of the United States,
which recommendation is not reviewable by any court. "(7) Notwithstanding
any other provision of law, judicial review of an order under subparagraph
(b)(2)(C) shall be available only by a filing in the United States Court of
Appeals for the District of Columbia," (9) by replacing the subsection (c)
not redesignated as such by section, 671(b)(13) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 with the following: "(c)
Presumption Of Removability. An alien convicted of an aggravated felony,
or certified pursuant to section 238(b)(2)(C), shall be conclusively
presumed to be removable from the United States,"; (10) by redesignating
the subsection (c) redesignated as such by section 671(b)(13) of Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 as subsection
(d) SEC. 202. DEFINITIONS RELATING TO TERRORISM. The Immigration and
Nationality Act of 1952 is amended in section 2121 (a U.S.C. 11 a2)(A) in
clause (ii)by inserting "it had been" before "committed in the United
States": and (ii) by replacing 'or firearm'' with', firearm, or other
weapon"; (B) by amending clause (iii) to read as follows: "(iii) Engage in
terrorist activity defined "As used in this chapter, the term "engage in
terrorist activity" means, in an individual capacity or as a member of an
organization
"([) to commit or to incite to commit, under circumstances indicating an
intention to cause death or serious bodily injury, an act of terrorist
activity:
"(II) to prepare or plan a terrorist activity;
"(III) to gather information on potential
,, targets for ten roast activity;
09/19/01 WED 19:9N
"(I11) to solicit funds or other things of value for terrorist activity or
for any terrorist organization;
"(1V) to solicit any individual for membership in a terrorist organization.
terrorist government, or to engage in a terrorist activity; or
"(V) otherwise to commit an act that the actor knows, or reasonably should
know, affords material support (including, without limitation, a safe
house, transportation, communications, funds, transfer of funds or other
material financial benefit, false documentation or identification, weapons,
explosives, or training), to any organization that the actor knows, or
reasonably should know, is a terrorist organization, or to any individual
whom the actor knows, or reasonably should know, has committed or plans to
commit any terrorist activity, "This clause shall not be construed to
encompass any material support the alien affords to an individual who had
previously committed terrorist activity if the alien establishes by clear
and convincing evidence: that such support was afforded only after that
individual had permanently and publicly renounced and rejected the use of,
and had ceased to commit or support, any terrorist activity."; and
(C) by adding a new clause after clause (iv) to read as follows. "(v)
Terrorist organization defined "As used in clause (iii), the term
"terrorist organization" means any organization
"(I) designated or redesignated under section 219;
"(ll) that commits or materially supports,
or that has a significant subgroup that commits or materially supports,
terrorist activity. regardless of any other activities conducted by the
organization or its subgroups;
"(III) that intends to commit or materially support, or that has a
significant subgroup that intends to commit or materially support,
terrorist activity. regardless of any other activities conducted by the.
organization or its subgroups: or
"(IV) that has committed or materially supported, or that has a significant
subgroup that has committed or materially supported; terrorist activity,
regardless of any other activities conducted by the organization or its
subgroups, unless the alien establishes by clear and convincing evidence
that the material support was only afforded after the organization and all
of its significant subgroups had permanently and publicly renounced and
rejected the use of, and had ceased to commit or support, any terrorist
activity,"; and (2) in section 219(a) (a U.S.C. 1189(a))
(A) in subparagraph (1)(B), by inserting "or terrorism (as defined in
section 140(d)(2) of the State Department Authorization Act, Public. Law
100204 (22 U.S.C. 2656f(d)(2))" after" 212(a)(3)(B))".
(B) In subparagraph (1)(C), by inserting "or terrorism" after" terrorist
activity";
(C) by amending subparagraph (2)(A) to read as follows, (A) NOTICE."(i)
Seven days before making a designation under this subsection. the Secretary
shall, by classified communication, notify the Speaker and Minority Leader
of the House of Representatives, the President pro tempore, Majority
Leader, and Minority
Leader of the Senate, and the members of the relevant committees, in
writing, of the intent to designate an organization under this subsection,
together with the findings made under paragraph (; ) with respect to that
organization, and the factual basis therefor.
"(ii) Toe Secretary shall publish the designation in the Federal Register
seven days after providing the notification under clause (i).": (D) in
clause (2)(8)(i). by replacing "subparagraph (A)" with' subparagraph
(A)(ii)"; (F) in subparagraph (2)(C), by replacing "paragraph (2)" with "
paragraph (2)(A)(I)"; (F) in subparagraph (3)(B), by replacing "subsection
(c)" with " subsection (b)": (G) in subparagraph (4)(B), by inserting after
the first sentence the following: "The Secretary also may redesignate such
organization at the end of any 2year redesignation period (but not sooner
than 60 days prior to the termination of such period) for an additional
2year period upon a finding that the relevant circumstances described in
paragraph (1) still exist. Any redesignation shall be effective immediately
following the end of the prior 2year designation or redesignation period
unless a different effective date is provided in such redesignation."; (H)
in subparagraph (6)(A), (i) by inserting "'or a redesignation made under
paragraph (4)(B)" after "paragraph (1)"; (ii) in clause (I), by
(I) Inserting "or redesignation" after" designation" the first time it
appears; and
(II) striking "of the designation'; and (ill) in clause (u), by striking
"of the designation";
09/19/01
(!) In subparagraph (6)(6). by
(i) replacing "through (4`, will, 'and (3)": and
(ii) inserting the following new sentence at the end: "Any revocation shall
take effect on the data specified in the revocation or upon publication in
the Federal Register if no effective date is specified.; (J) in paragraph
(7), by inserting ", or the revocation of a redesignation under paragraph
(6)," after `paragraph (5) or (6)": and (K) in paragraph (B), by
(i) replacing paragraph (1)(B)" with "paragraph (2)(B), or if a
redesignation under this subsection has become effective under paragraph
(4)(B)";
(ii) inserting "or an alien in a removal proceeding" after "'criminal
action'; and
(iii) inserting "or redesignation" before "as a defense". SEC. 203.
MANDATORY DETENTION OF SUSPECTED TERRORISTS. Section 236 of the Immigration
and Nationality Act is amended(! ) by redesignating subsection (e) as (f)
and by inserting before the same the following new subsection: "(e)
Detention of Terrorist Aliens."(4) Custody. Upon concurrence with such
recommendation, the Attorney General shall fake into custody any alien who
is certified under paragraph (3) "(2) Release. The Attorney General shall
maintain custody any such alien until such alien is removed from the United
States Such custody shall be maintained irrespective of any relief from
removal the alien may be eligible for or granted until the Attorney General
deems such alien is no longer an alien who may be certified pursuant to
paragraph (3). "(3) Certification. The Commissioner, after consultation
with the Director of the Federal Bureau of Investigation, may recommend to
the Attorney General that an alien be certified as an alien the Service has
reason to believe may further or facilitate acts of terrorism as described
in section 237(a)(4)(A)(i), or 237(a)(4)(A)(iii), or 237(a)(4)(B), or any
other activity that
endangers the national security of the United States Such
recommendation is not reviewable by any court." SEC. 204. HABEAS CORPUS AND
JUDICIAL REVIEW
Except as provided herein and notwithstanding any other provision of law,
including section 2241 of title 28, United States Code, no court shall have
jurisdiction to review, by habeas corpus petition or otherwise. any action
taken. administrative proceeding brought, or determination made
(1) to detain an alien under section 203 of this Act; without regard to the
place of detention, judicial review of the detention of suspected
terrorists is available only by habeas corpus petition filed in the United
States District Court for the District of Columbia, and only upon issuance
of a final order of removal pursuant to sections 238 or 240 of the
Immigration and Nationality Act of 1952; and
(2) to remove an alien under section 201 of this Act; without regard to the
place in which the immigration court or other administrative. proceedings
were conducted, judicial review of an order of removal of an alien
terrorist entered under section 238 or 240 of the Immigration and
Nationality Act of 1952. and of any cause of claim raised with respect to
the proceedings which resulted in such order, is available only by petition
for review fled in the United States Court of Appeals for the District of
Columbia Circuit. in accordance with the procedures and limitations
specified in section 242 of such Immigration and Nationality Act. SEC, 205.
FELONY PUNISHMENT FOR VIOLENCE COMMITTED
ALONG THE UNITED STATES BORDER.
(a) IN GENERAL Chapter 27 of title 18, United States Code, is amended by
adding at the end the following: 'Sec. 554. Violence while eluding
inspection or during violation of arrival, reporting. entry, or clearance
requirements
"(a) IN GENERAL Whoever attempts to commit or commits a crime of violence
or recklessly operates any conveyance during and in relation to
"(1)(A) attempting to elude or eluding immigration, customs,
or agriculture inspection; or
"(8) failing to stop at the command of an officer or
employee of the United States charged with enforcing the
immigration, customs. or other laws of the United States along any border
of the United States; or "(2) an intentional violation of arrival,
reporting, entry, or clearance requirements, as set forth in section 107 of
the Federal Plant Pest Act (7 U.S.C. 150ff), section 10 of the Act of
August 20, 1912 (commonly known as the 'Plant Quarantine Act' (7 U.S.C.
164a)), section 7 of the Federal Noxious Weed Act of 1974 (7 i, 2807),
section 431, 433, 434, or 459 of the Tariff Act of 1930 (19 U.S.C. 1431,
1433, 1434, and 1459), section 10 of the Act of August 30, 1 B90 (26 Stat.
417; chapter 839 (21 U.S.C. 106)), section 2 of the Act of February 2, 1903
(32 Slat. 792; chapter 349; 21 U.&C. 111), section 4197 of the Revised
Statutes (46 U.&C. App. 91), or sections 231. 232; and 234 through 238 of
the Immigration and Nationality Act (8 U.S.C. 1221, 1222, and 1224 through
1228) shall be
"(A) fined under this title, imps imprisoned not more than 5 years, or both:
"(B) if bodily injury (as defined in section 13555(g)) results, fined under
this title, imprisoned not more than 10 years, or both; or
'(C) if death results, fined under this title, imprisoned for any term of
years or for life, or both, and may be sentenced to death. "(b) CONSPIRACY
If 2 or more persons conspire to commit an offense under subsection (a),
and I or more of those persons do any act to effect the object of the
conspiracy. each shall be punishable as a principal, except that a sentence
of death may not be Imposed pursuant to this subsection.". (b) CLERICAL
AMENDMENT The analysis for chapter 27 of title 18, United States Code, is
amended by adding at the end the following: "554. Violence while eluding
inspection or during violation of arrival, reporting, entry, or clearance
requirements: . (c) RECKLESS ENDANGERMENTSection 111 of title 16, United
States Code, is amended ) by redesignating subsection (b) as subsection
(c); and (2) by inserting after subsection (a) the following:
"(b) RECKLESS ENDANGERMENT Whoever
"(1) knowingly disregards or disobeys the lawful authority or command of
any officer or employee of the United States charged with enforcing the
immigration, customs, or other laws of the. United States along any border
of the United States while engaged in, or on account of, the performance of
official duties of that officer or employee: and
"(2) as a result of disregarding or disobeying an authority or command
referred to in paragraph (1), endangers the safety of any person or
property, shall be fined under this title, imprisoned not more than s
months, or both:'. SEC. 206. TECHNICAL CLARIFICATIONS. (a) Notwithstanding
any other provision of law, the amendments made by this title shall apply
to all aliens, regardless of whether any such aliens entered the United
States before or after the date of the enactment of this Act, or whether
any relevant activity by any such aliens occurred before or after such
date, and shall apply to all past, pending, or future deportation,
exclusion, removal, or other immigration proceedings. (b) If any provision
of :his Act or any application of any such provision to any person or
circumstance be held to be unconstitutional, the remainder of this Act, and
the application of such remainder to any person or circumstance shall not
be affected thereby
Title IIICRIMINAL JUSTICE
Subtitle ASubstantive Criminal Law SEC. 301. NO STATUTE OF LIMITATION FOR
PROSECUTING TERRORISM OFFENSES. (a) IN GENERAL.Section 3286 of title 18,
United States Code, is amended to read as follows: "§ 3286. Terrorism
offenses "Notwithstanding any other provision of law, an indictment may be
found or an information instituted for any offense described in section
2332b(g)(5)(8) at any time without limitation.". (b) CONFORMING AMENDMENTS.
[A 022
(1) The analysis for chapter 213 of tilde 19, United States Code. is
amended by amending the item relating to section 3288 to read as follows:
'328E Terrorism offenses."; and
(2) section 2332b(g)(5)(B)(iii) of tine 18, united States node, is amended
by inserting after "piracy)" the following: ", section 46504 (relating to
interference with a flight crew), section 46505 (relating to carrying a
weapon pr explosive en aircraft), section 46500 (relating to application of
certain criminal laws to acts on aircraft).". SEC. 302. ALTERNATIVE MAXIMUM
PENALTIES FOR TERRORISM CRIMES. Section 3559 of title "8, United States
Code, is amended by adding at the end the following: "(e) Authorized terms
of imprisonment for terrorism crimes. A person convicted of any offense
listed in section 2332b(g)(5)(B) may be sentenced to imprisonment for any
term of years or for life, notwithstanding any maximum term of imprisonment
specified in the law describing the offense. The authorization of
imprisonment under this subsection is supplementary to, and does not limit,
the availability of any other penalty authorized by the law describing the
offense, including the death penalty, and does not limit the applicability
of any mandatory minimum term of imprisonment, including any mandatory life
term, provided by the law describing the offense ". SEC, 343. PENALTIES FOR
TERRORIST CONSPIRACIES. Chapter 1138 of title 18, United States Code, is
amended(1) by inserting after section 23326 the following: "§ 233,24.
Attempts and conspiracies "Any person who attempts or conspires to commit
any offense described in section 2332b(g)(5)(B) shall be subject to the
same penalties as those prescribed for the offense, the commission of which
was the object of the attempt or conspiracy."; and (2) in the analysis for
the chapter, by inserting after the Item relating to section 23°2b the
following. °2332c Attempts and conspiracies.', SEC. 304, TERRORISM CRIMES
AS RICO PREDICATES,
Section 1961(1) of title 18, United States Code is amended
(1) by striking "or (F)', and inserting "(r)": and
(2) by striking "financial gain;" and inserting the following: "financial
gain. or (G) any act that is indictable under any provision listed in
section 2332b(g)(5)(B) (relating to terrorism);'. SEC. 305. BIOLOGICAL WEAPONS.
Chapter 10 of Vile 18, United Stairs Code is amended
(1) in section 175
(4) in subsection ()b
(i) by sir king. "section, the" and inserting "section (1) the";
(ii) by striking "does not include" arid inserting "includes";
(iii) by inserting "other than" after system for"; and
(iv) by striking "purposes." and Inserting the following: "purposes. and
(2) the terms biological agent and 'toxin' do not encompass any biological
agent or toxin that 'a In Its naturallyoccurring environment, if the
biological agent or toxin has not been cultivated, collected, or otherwise
extracted from its natural source ":
(B) by redesignating subsection (b) as subsection (c); and
(C) by Inserting after subsection (a) the following:
"(h) Additional offense.Whoever knowingly possesses any biological agent,
toxin, or delivery system of a type or in a quantity that, under the
circumstances. Is not reasonably justified by a prophylactic, protective or
other peaceful purpose, shell be fined under this title, imprisoned not
more than 10 years, or both. Knowledge of whether the type or quantity of
any biological agent. toxin. or delivery system Is reasonably justified by
a peaceful purpose is not an element of Ire offense.
(2) after section 175x, by adding a new section as follows: °§ 175b,
Possession by restricted persons
"(a) No person class, named in section 922(g) shall ship or transport in
interstate or foreign commerce, or possess in or affecting commerce, any
biological agent or toxin, or receive any biological agent or toxin that
has bean shipped or transported in interstate or foreign commerce, if the
Biological agent or toxin is listed " a 'select agent' In subsection (t) of
section72.6 of title 42, Code of Federal Regulations, pursuant to section