[Congressional Record: November 8, 2001 (Senate)]
[Page S11630-S11631]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr08no01-175]
TEXT OF AMENDMENTS
SA 2114. Mr. SMITH of New Hampshire proposed an amendment to the bill
S. 1428, to authorize appropriations for fiscal year 2002 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account of the Director of Central
Intelligence, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes; as follows:
[[Page S11631]]
At the appropriate place in the bill, insert the following:
SEC. ____. ALIEN TERRORIST REMOVAL ACT OF 2001
(a) Short Title.--This section may be cited as the
``Alien Terrorist Removal Act of 2001''.
(b) Findings.--Congress makes the following findings:
(1) In 1993, international terrorists targeted and bombed
the World Trade Center in New York City.
(2) In 1996, Congress enacted the Antiterrorism and
Effective Death Penalty Act, which established the Alien
Terrorist Removal Court for the purpose of removing alien
terrorists from the United States based on classified
information.
(3) On May 28, 1997, the Court adopted ``Rules for the
Alien Terrorist Removal Court of the United States'' which
was later amended on January 4, 1999.
(4) The Court is comprised of 5 United States District
Judges who are designated by the Chief Justice of the United
States to hear cases in which the United States seeks the
removal of alien terrorists.
(5) On September 11, 2001, terrorists hijacked 4 civilian
aircraft, crashing 2 of the aircraft into the towers of the
World Trade Center in the New York City, and a third into the
Pentagon outside Washington, D.C.
(6) Thousands of innocent Americans and citizens of other
countries were killed or injured as a result of these
attacks, including the passengers and crew of the 4 aircraft,
workers in the World Trade center and in the Pentagon, rescue
worker, and bystanders.
(7) These attacks destroyed both towers of the World Trade
Center, as well as adjacent buildings, and seriously damaged
the Pentagon.
(8) These attacks were by fair the deadliest terrorist
attacks ever launched against the United States and, by
targeting symbols of America, clearly were intended to
intimidate our Nation and weaken its resolve.
(9) As of September 11, 2001, the United States had not
brought any cases before the Alien Terrorist Removal Court.
(10) The Court has never been used because the United
States is required to submit for judicial approval an
unclassified summary of the classified evidence against the
alien. If too general, this summary will be disapproved by
the Judge. If too specific, this summary will compromise the
underlying classified information.
(11) The notice provisions of the Alien Terrorist Removal
Court should be modified to remove the barrier to the Justice
Department's effective use of the Court.
(c) Alien Terrorist Removal Hearing.--Section 504(e)(3) of
the Immigration and Nationality Act (8 U.S.C. 1534(e)(3)) is
amended--
(1) by striking ``(A) Use.--''.
(2) by striking ``other than through reference to the
summary provided pursuant to this paragraph''; and
(3) by striking subparagraphs (B) through (F).
(d) Reports to Congress.--Beginning 6 months after the date
of enactment of this Act, and every 6 months thereafter, the
Attorney General shall submit a report to Congress on the
utilization of the Alien Terrorist Removal Court for the
purposes of removing alien terrorists from the United States
through the use of classified information.
____
SA 2115. Mr. GRAHAM proposed an amendment to amendment SA 2114
submitted by Mr. Smith, of NH and intended to be proposed to the bill
(S. 1428) to authorize appropriations for fiscal year 2002 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account of the Director of Central
Intelligence, and the Central Intelligence Agency Retirement and
Disability System, and for other purposes; as follows:
Strike all after the word ``sec'' and insert the following:
Section 504 of the Immigration and Nationality Act (8
U.S.C. 1534) is amended by adding the following subsection
after subsection (k):
``(L) No later than 3 months from the date of enactment of
this act, the Attorney General shall submit a report to
Congress concerning the effect and efficacy of Alien
Terrorist Removal proceedings, including the reasons why
proceedings pursuant to this section have not been used by
the Attorney General in the past, and the effect on the use
of these proceedings after the enactment of the U.S.A.
PATRIOT Act of 2001.
____
SA 2116. Mr. GRAHAM proposed an amendment to the bill S. 1428, to
authorize appropriations for fiscal year 2002 for intelligence and
intelligence-related activities of the United States Government, the
Community Management Account of the Director of Central Intelligence,
and the Central Intelligence Agency Retirement and Disability System,
and for other purposes; as follows:
Insert at the appropriate place in the bill:
The DCI shall provide, prior to conference, any technical
modifications to existing legal authorities needed to
facilitate Intelligence Community counterterrorism efforts.
____________________
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