FILE s735.enr

--S.735--

S.735

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To deter terrorism, provide justice for victims, provide for an

effective death penalty, and for other purposes.

[Italic->] Be it enacted by the Senate and House of

Representatives of the United States of America in Congress

assembled, [<-Italic]

SECTION 1. SHORT TITLE.

This Act may be cited as the `Antiterrorism and Effective Death

Penalty Act of 1996'.

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--HABEAS CORPUS REFORM

Sec. 101. Filing deadlines.

Sec. 102. Appeal.

Sec. 103. Amendment of Federal Rules of Appellate Procedure.

Sec. 104. Section 2254 amendments.

Sec. 105. Section 2255 amendments.

Sec. 106. Limits on second or successive applications.

Sec. 107. Death penalty litigation procedures.

Sec. 108. Technical amendment.

TITLE II--JUSTICE FOR VICTIMS

SUBTITLE A--MANDATORY VICTIM RESTITUTION

Sec. 201. Short title.

Sec. 202. Order of restitution.

Sec. 203. Conditions of probation.

Sec. 204. Mandatory restitution.

Sec. 205. Order of restitution to victims of other crimes.

Sec. 206. Procedure for issuance of restitution order.

Sec. 207. Procedure for enforcement of fine or restitution order.

Sec. 208. Instruction to Sentencing Commission.

Sec. 209. Justice Department regulations.

Sec. 210. Special assessments on convicted persons.

Sec. 211. Effective date.

SUBTITLE B--JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES

Sec. 221. Jurisdiction for lawsuits against terrorist states.

SUBTITLE C--ASSISTANCE TO VICTIMS OF TERRORISM

Sec. 231. Short title.

Sec. 232. Victims of Terrorism Act.

Sec. 233. Compensation of victims of terrorism.

Sec. 234. Crime victims fund.

Sec. 235. Closed circuit televised court proceedings for victims of

crime.

Sec. 236. Technical correction.

TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

SUBTITLE A--PROHIBITION ON INTERNATIONAL TERRORIST FUNDRAISING

Sec. 301. Findings and purpose.

Sec. 302. Designation of foreign terrorist organizations.

Sec. 303. Prohibition on terrorist fundraising.

SUBTITLE B--PROHIBITION ON ASSISTANCE TO TERRORIST STATES

Sec. 321. Financial transactions with terrorists.

Sec. 322. Foreign air travel safety.

Sec. 323. Modification of material support provision.

Sec. 324. Findings.

Sec. 325. Prohibition on assistance to countries that aid terrorist

states.

Sec. 326. Prohibition on assistance to countries that provide

military equipment to terrorist states.

Sec. 327. Opposition to assistance by international financial

institutions to terrorist states.

Sec. 328. Antiterrorism assistance.

Sec. 329. Definition of assistance.

Sec. 330. Prohibition on assistance under Arms Export Control Act

for countries not cooperating fully with United States

antiterrorism efforts.

TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

SUBTITLE A--REMOVAL OF ALIEN TERRORISTS

Sec. 401. Alien terrorist removal.

SUBTITLE B--EXCLUSION OF MEMBERS AND REPRESENTATIVES OF TERRORIST

ORGANIZATIONS

Sec. 411. Exclusion of alien terrorists.

Sec. 412. Waiver authority concerning notice of denial of

application for visas.

Sec. 413. Denial of other relief for alien terrorists.

Sec. 414. Exclusion of aliens who have not been inspected and

admitted.

SUBTITLE C--MODIFICATION TO ASYLUM PROCEDURES

Sec. 421. Denial of asylum to alien terrorists.

Sec. 422. Inspection and exclusion by immigration officers.

Sec. 423. Judicial review.

SUBTITLE D--CRIMINAL ALIEN PROCEDURAL IMPROVEMENTS

Sec. 431. Access to certain confidential immigration and

naturalization files through court order.

Sec. 432. Criminal alien identification system.

Sec. 433. Establishing certain alien smuggling-related crimes as

RICO-predicate offenses.

Sec. 434. Authority for alien smuggling investigations.

Sec. 435. Expansion of criteria for deportation for crimes of moral

turpitude.

Sec. 436. Miscellaneous provisions.

Sec. 437. Interior repatriation program.

Sec. 438. Deportation of nonviolent offenders prior to completion

of sentence of imprisonment.

Sec. 439. Authorizing State and local law enforcement officials to

arrest and detain certain illegal aliens.

Sec. 440. Criminal alien removal.

Sec. 441. Limitation on collateral attacks on underlying

deportation order.

Sec. 442. Deportation procedures for certain criminal aliens who

are not permanent residents.

Sec. 443. Extradition of aliens.

TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

SUBTITLE A--NUCLEAR MATERIALS

Sec. 501. Findings and purpose.

Sec. 502. Expansion of scope and jurisdictional bases of nuclear

materials prohibitions.

Sec. 503. Report to Congress on thefts of explosive materials from

armories.

SUBTITLE B--BIOLOGICAL WEAPONS RESTRICTIONS

Sec. 511. Enhanced penalties and control of biological agents.

SUBTITLE C--CHEMICAL WEAPONS RESTRICTIONS

Sec. 521. Chemical weapons of mass destruction; study of facility

for training and evaluation of personnel who respond to use of

chemical or biological weapons in urban and suburban areas.

TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

Sec. 601. Findings and purposes.

Sec. 602. Definitions.

Sec. 603. Requirement of detection agents for plastic explosives.

Sec. 604. Criminal sanctions.

Sec. 605. Exceptions.

Sec. 606. Seizure and forfeiture of plastic explosives.

Sec. 607. Effective date.

TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

SUBTITLE A--CRIMES AND PENALTIES

Sec. 701. Increased penalty for conspiracies involving explosives.

Sec. 702. Acts of terrorism transcending national boundaries.

Sec. 703. Expansion of provision relating to destruction or injury

of property within special maritime and territorial jurisdiction.

Sec. 704. Conspiracy to harm people and property overseas.

Sec. 705. Increased penalties for certain terrorism crimes.

Sec. 706. Mandatory penalty for transferring an explosive material

knowing that it will be used to commit a crime of violence.

Sec. 707. Possession of stolen explosives prohibited.

Sec. 708. Enhanced penalties for use of explosives or arson crimes.

Sec. 709. Determination of constitutionality of restricting the

dissemination of bomb-making instructional materials.

SUBTITLE B--CRIMINAL PROCEDURES

Sec. 721. Clarification and extension of criminal jurisdiction over

certain terrorism offenses overseas.

Sec. 722. Clarification of maritime violence jurisdiction.

Sec. 723. Increased and alternate conspiracy penalties for

terrorism offenses.

Sec. 724. Clarification of Federal jurisdiction over bomb threats.

Sec. 725. Expansion and modification of weapons of mass destruction

statute.

Sec. 726. Addition of terrorism offenses to the money laundering

statute.

Sec. 727. Protection of Federal employees; protection of current or

former officials, officers, or employees of the United States.

Sec. 728. Death penalty aggravating factor.

Sec. 729. Detention hearing.

Sec. 730. Directions to Sentencing Commission.

Sec. 731. Exclusion of certain types of information from definitions.

Sec. 732. Marking, rendering inert, and licensing of explosive

materials.

TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

SUBTITLE A--RESOURCES AND SECURITY

Sec. 801. Overseas law enforcement training activities.

Sec. 802. Sense of Congress.

Sec. 803. Protection of Federal Government buildings in the

District of Columbia.

Sec. 804. Requirement to preserve record evidence.

Sec. 805. Deterrent against terrorist activity damaging a Federal

interest computer.

Sec. 806. Commission on the Advancement of Federal Law Enforcement.

Sec. 807. Combatting international counterfeiting of United States

currency.

Sec. 808. Compilation of statistics relating to intimidation of

Government employees.

Sec. 809. Assessing and reducing the threat to law enforcement

officers from the criminal use of firearms and ammunition.

Sec. 810. Study and report on electronic surveillance.

SUBTITLE B--FUNDING AUTHORIZATIONS FOR LAW ENFORCEMENT

Sec. 811. Federal Bureau of Investigation.

Sec. 812. United States Customs Service.

Sec. 813. Immigration and Naturalization Service.

Sec. 814. Drug Enforcement Administration.

Sec. 815. Department of Justice.

Sec. 816. Department of the Treasury.

Sec. 817. United States Park Police.

Sec. 818. The Judiciary.

Sec. 819. Local firefighter and emergency services training.

Sec. 820. Assistance to foreign countries to procure explosive

detection devices and other counterterrorism technology.

Sec. 821. Research and development to support counterterrorism

technologies.

Sec. 822. Grants to State and local law enforcement for training

and equipment.

Sec. 823. Funding source.

TITLE IX--MISCELLANEOUS

Sec. 901. Expansion of territorial sea.

Sec. 902. Proof of citizenship.

Sec. 903. Representation fees in criminal cases.

Sec. 904. Severability.

TITLE I--HABEAS CORPUS REFORM

SEC. 101. FILING DEADLINES.

Section 2244 of title 28, United States Code, is amended by

adding at the end the following new subsection:

`(d)(1) A 1-year period of limitation shall apply to an

application for a writ of habeas corpus by a person in custody

pursuant to the judgment of a State court. The limitation period

shall run from the latest of--

`(A) the date on which the judgment became final by the

conclusion of direct review or the expiration of the time for

seeking such review;

`(B) the date on which the impediment to filing an

application created by State action in violation of the

Constitution or laws of the United States is removed, if the

applicant was prevented from filing by such State action;

`(C) the date on which the constitutional right asserted was

initially recognized by the Supreme Court, if the right has

been newly recognized by the Supreme Court and made

retroactively applicable to cases on collateral review; or

`(D) the date on which the factual predicate of the claim or

claims presented could have been discovered through the

exercise of due diligence.

`(2) The time during which a properly filed application for State

post-conviction or other collateral review with respect to the

pertinent judgment or claim is pending shall not be counted toward

any period of limitation under this subsection.'.

SEC. 102. APPEAL.

Section 2253 of title 28, United States Code, is amended to read

as follows:

`Sec. 2253. Appeal

`(a) In a habeas corpus proceeding or a proceeding under section

2255 before a district judge, the final order shall be subject to

review, on appeal, by the court of appeals for the circuit in which

the proceeding is held.

`(b) There shall be no right of appeal from a final order in a

proceeding to test the validity of a warrant to remove to another

district or place for commitment or trial a person charged with a

criminal offense against the United States, or to test the validity

of such person's detention pending removal proceedings.

`(c)(1) Unless a circuit justice or judge issues a certificate of

appealability, an appeal may not be taken to the court of appeals

from--

`(A) the final order in a habeas corpus proceeding in which

the detention complained of arises out of process issued by a

State court; or

`(B) the final order in a proceeding under section 2255.

`(2) A certificate of appealability may issue under paragraph (1)

only if the applicant has made a substantial showing of the denial

of a constitutional right.

`(3) The certificate of appealability under paragraph (1) shall

indicate which specific issue or issues satisfy the showing

required by paragraph (2).'.

SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

Rule 22 of the Federal Rules of Appellate Procedure is amended to

read as follows:

`Rule 22. Habeas corpus and section 2255 proceedings

`(a) APPLICATION FOR THE ORIGINAL WRIT- An application for a writ

of habeas corpus shall be made to the appropriate district court.

If application is made to a circuit judge, the application shall be

transferred to the appropriate district court. If an application is

made to or transferred to the district court and denied, renewal of

the application before a circuit judge shall not be permitted. The

applicant may, pursuant to section 2253 of title 28, United States

Code, appeal to the appropriate court of appeals from the order of

the district court denying the writ.

`(b) CERTIFICATE OF APPEALABILITY- In a habeas corpus proceeding

in which the detention complained of arises out of process issued

by a State court, an appeal by the applicant for the writ may not

proceed unless a district or a circuit judge issues a certificate

of appealability pursuant to section 2253(c) of title 28, United

States Code. If an appeal is taken by the applicant, the district

judge who rendered the judgment shall either issue a certificate of

appealability or state the reasons why such a certificate should

not issue. The certificate or the statement shall be forwarded to

the court of appeals with the notice of appeal and the file of the

proceedings in the district court. If the district judge has denied

the certificate, the applicant for the writ may then request

issuance of the certificate by a circuit judge. If such a request

is addressed to the court of appeals, it shall be deemed addressed

to the judges thereof and shall be considered by a circuit judge or

judges as the court deems appropriate. If no express request for a

certificate is filed, the notice of appeal shall be deemed to

constitute a request addressed to the judges of the court of

appeals. If an appeal is taken by a State or its representative, a

certificate of appealability is not required.'.

SEC. 104. SECTION 2254 AMENDMENTS.

Section 2254 of title 28, United States Code, is amended--

(1) by amending subsection (b) to read as follows:

`(b)(1) An application for a writ of habeas corpus on behalf of a

person in custody pursuant to the judgment of a State court shall

not be granted unless it appears that--

`(A) the applicant has exhausted the remedies available in

the courts of the State; or

`(B)(i) there is an absence of available State corrective

process; or

`(ii) circumstances exist that render such process

ineffective to protect the rights of the applicant.

`(2) An application for a writ of habeas corpus may be denied on

the merits, notwithstanding the failure of the applicant to exhaust

the remedies available in the courts of the State.

`(3) A State shall not be deemed to have waived the exhaustion

requirement or be estopped from reliance upon the requirement

unless the State, through counsel, expressly waives the

requirement.';

(2) by redesignating subsections (d), (e), and (f) as

subsections (e), (f), and (g), respectively;

(3) by inserting after subsection (c) the following new

subsection:

`(d) An application for a writ of habeas corpus on behalf of a

person in custody pursuant to the judgment of a State court shall

not be granted with respect to any claim that was adjudicated on

the merits in State court proceedings unless the adjudication of

the claim--

`(1) resulted in a decision that was contrary to, or involved

an unreasonable application of, clearly established Federal

law, as determined by the Supreme Court of the United States; or

`(2) resulted in a decision that was based on an unreasonable

determination of the facts in light of the evidence presented

in the State court proceeding.';

(4) by amending subsection (e), as redesignated by paragraph

(2), to read as follows:

`(e)(1) In a proceeding instituted by an application for a writ

of habeas corpus by a person in custody pursuant to the judgment of

a State court, a determination of a factual issue made by a State

court shall be presumed to be correct. The applicant shall have the

burden of rebutting the presumption of correctness by clear and

convincing evidence.

`(2) If the applicant has failed to develop the factual basis of

a claim in State court proceedings, the court shall not hold an

evidentiary hearing on the claim unless the applicant shows that--

`(A) the claim relies on--

`(i) a new rule of constitutional law, made retroactive

to cases on collateral review by the Supreme Court, that

was previously unavailable; or

`(ii) a factual predicate that could not have been

previously discovered through the exercise of due

diligence; and

`(B) the facts underlying the claim would be sufficient to

establish by clear and convincing evidence that but for

constitutional error, no reasonable factfinder would have found

the applicant guilty of the underlying offense.'; and

(5) by adding at the end the following new subsections:

`(h) Except as provided in section 408 of the Controlled

Substances Act, in all proceedings brought under this section, and

any subsequent proceedings on review, the court may appoint counsel

for an applicant who is or becomes financially unable to afford

counsel, except as provided by a rule promulgated by the Supreme

Court pursuant to statutory authority. Appointment of counsel under

this section shall be governed by section 3006A of title 18.

`(i) The ineffectiveness or incompetence of counsel during

Federal or State collateral post-conviction proceedings shall not

be a ground for relief in a proceeding arising under section 2254.'.

SEC. 105. SECTION 2255 AMENDMENTS.

Section 2255 of title 28, United States Code, is amended--

(1) by striking the second and fifth undesignated paragraphs;

and

(2) by adding at the end the following new undesignated

paragraphs:

`A 1-year period of limitation shall apply to a motion under this

section. The limitation period shall run from the latest of--

`(1) the date on which the judgment of conviction becomes

final;

`(2) the date on which the impediment to making a motion

created by governmental action in violation of the Constitution

or laws of the United States is removed, if the movant was

prevented from making a motion by such governmental action;

`(3) the date on which the right asserted was initially

recognized by the Supreme Court, if that right has been newly

recognized by the Supreme Court and made retroactively

applicable to cases on collateral review; or

`(4) the date on which the facts supporting the claim or

claims presented could have been discovered through the

exercise of due diligence.

`Except as provided in section 408 of the Controlled Substances

Act, in all proceedings brought under this section, and any

subsequent proceedings on review, the court may appoint counsel,

except as provided by a rule promulgated by the Supreme Court

pursuant to statutory authority. Appointment of counsel under this

section shall be governed by section 3006A of title 18.

`A second or successive motion must be certified as provided in

section 2244 by a panel of the appropriate court of appeals to

contain--

`(1) newly discovered evidence that, if proven and viewed in

light of the evidence as a whole, would be sufficient to

establish by clear and convincing evidence that no reasonable

factfinder would have found the movant guilty of the offense; or

`(2) a new rule of constitutional law, made retroactive to

cases on collateral review by the Supreme Court, that was

previously unavailable.'.

SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

(a) CONFORMING AMENDMENT TO SECTION 2244(a)- Section 2244(a) of

title 28, United States Code, is amended by striking `and the

petition' and all that follows through `by such inquiry.' and

inserting `, except as provided in section 2255.'.

(b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS- Section 2244(b)

of title 28, United States Code, is amended to read as follows:

`(b)(1) A claim presented in a second or successive habeas corpus

application under section 2254 that was presented in a prior

application shall be dismissed.

`(2) A claim presented in a second or successive habeas corpus

application under section 2254 that was not presented in a prior

application shall be dismissed unless--

`(A) the applicant shows that the claim relies on a new rule

of constitutional law, made retroactive to cases on collateral

review by the Supreme Court, that was previously unavailable; or

`(B)(i) the factual predicate for the claim could not have

been discovered previously through the exercise of due

diligence; and

`(ii) the facts underlying the claim, if proven and viewed in

light of the evidence as a whole, would be sufficient to

establish by clear and convincing evidence that, but for

constitutional error, no reasonable factfinder would have found

the applicant guilty of the underlying offense.

`(3)(A) Before a second or successive application permitted by

this section is filed in the district court, the applicant shall

move in the appropriate court of appeals for an order authorizing

the district court to consider the application.

`(B) A motion in the court of appeals for an order authorizing

the district court to consider a second or successive application

shall be determined by a three-judge panel of the court of appeals.

`(C) The court of appeals may authorize the filing of a second or

successive application only if it determines that the application

makes a prima facie showing that the application satisfies the

requirements of this subsection.

`(D) The court of appeals shall grant or deny the authorization

to file a second or successive application not later than 30 days

after the filing of the motion.

`(E) The grant or denial of an authorization by a court of

appeals to file a second or successive application shall not be

appealable and shall not be the subject of a petition for rehearing

or for a writ of certiorari.

`(4) A district court shall dismiss any claim presented in a

second or successive application that the court of appeals has

authorized to be filed unless the applicant shows that the claim

satisfies the requirements of this section.'.

SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.

(a) ADDITION OF CHAPTER TO TITLE 28, UNITED STATES CODE- Title

28, United States Code, is amended by inserting after chapter 153

the following new chapter:

[BOLD->] `CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL

CASES [<-BOLD]

`Sec.

`2261. Prisoners in State custody subject to capital sentence;

appointment of counsel; requirement of rule of court or

statute; procedures for appointment.

`2262. Mandatory stay of execution; duration; limits on stays of

execution; successive petitions.

`2263. Filing of habeas corpus application; time requirements;

tolling rules.

`2264. Scope of Federal review; district court adjudications.

`2265. Application to State unitary review procedure.

`2266. Limitation periods for determining applications and motions.

`Sec. 2261. Prisoners in State custody subject to capital sentence;

appointment of counsel; requirement of rule of court or statute;

procedures for appointment

`(a) This chapter shall apply to cases arising under section 2254

brought by prisoners in State custody who are subject to a capital

sentence. It shall apply only if the provisions of subsections (b)

and (c) are satisfied.

`(b) This chapter is applicable if a State establishes by

statute, rule of its court of last resort, or by another agency

authorized by State law, a mechanism for the appointment,

compensation, and payment of reasonable litigation expenses of

competent counsel in State post-conviction proceedings brought by

indigent prisoners whose capital convictions and sentences have

been upheld on direct appeal to the court of last resort in the

State or have otherwise become final for State law purposes. The

rule of court or statute must provide standards of competency for

the appointment of such counsel.

`(c) Any mechanism for the appointment, compensation, and

reimbursement of counsel as provided in subsection (b) must offer

counsel to all State prisoners under capital sentence and must

provide for the entry of an order by a court of record--

`(1) appointing one or more counsels to represent the

prisoner upon a finding that the prisoner is indigent and

accepted the offer or is unable competently to decide whether

to accept or reject the offer;

`(2) finding, after a hearing if necessary, that the prisoner

rejected the offer of counsel and made the decision with an

understanding of its legal consequences; or

`(3) denying the appointment of counsel upon a finding that

the prisoner is not indigent.

`(d) No counsel appointed pursuant to subsections (b) and (c) to

represent a State prisoner under capital sentence shall have

previously represented the prisoner at trial or on direct appeal in

the case for which the appointment is made unless the prisoner and

counsel expressly request continued representation.

`(e) The ineffectiveness or incompetence of counsel during State

or Federal post-conviction proceedings in a capital case shall not

be a ground for relief in a proceeding arising under section 2254.

This limitation shall not preclude the appointment of different

counsel, on the court's own motion or at the request of the

prisoner, at any phase of State or Federal post-conviction

proceedings on the basis of the ineffectiveness or incompetence of

counsel in such proceedings.

`Sec. 2262. Mandatory stay of execution; duration; limits on stays

of execution; successive petitions

`(a) Upon the entry in the appropriate State court of record of

an order under section 2261(c), a warrant or order setting an

execution date for a State prisoner shall be stayed upon

application to any court that would have jurisdiction over any

proceedings filed under section 2254. The application shall recite

that the State has invoked the post-conviction review procedures of

this chapter and that the scheduled execution is subject to stay.

`(b) A stay of execution granted pursuant to subsection (a) shall

expire if--

`(1) a State prisoner fails to file a habeas corpus

application under section 2254 within the time required in

section 2263;

`(2) before a court of competent jurisdiction, in the

presence of counsel, unless the prisoner has competently and

knowingly waived such counsel, and after having been advised of

the consequences, a State prisoner under capital sentence

waives the right to pursue habeas corpus review under section

2254; or

`(3) a State prisoner files a habeas corpus petition under

section 2254 within the time required by section 2263 and fails

to make a substantial showing of the denial of a Federal right

or is denied relief in the district court or at any subsequent

stage of review.

`(c) If one of the conditions in subsection (b) has occurred, no

Federal court thereafter shall have the authority to enter a stay

of execution in the case, unless the court of appeals approves the

filing of a second or successive application under section 2244(b).

`Sec. 2263. Filing of habeas corpus application; time requirements;

tolling rules

`(a) Any application under this chapter for habeas corpus relief

under section 2254 must be filed in the appropriate district court

not later than 180 days after final State court affirmance of the

conviction and sentence on direct review or the expiration of the

time for seeking such review.

`(b) The time requirements established by subsection (a) shall be

tolled--

`(1) from the date that a petition for certiorari is filed in

the Supreme Court until the date of final disposition of the

petition if a State prisoner files the petition to secure

review by the Supreme Court of the affirmance of a capital

sentence on direct review by the court of last resort of the

State or other final State court decision on direct review;

`(2) from the date on which the first petition for

post-conviction review or other collateral relief is filed

until the final State court disposition of such petition; and

`(3) during an additional period not to exceed 30 days, if--

`(A) a motion for an extension of time is filed in the

Federal district court that would have jurisdiction over

the case upon the filing of a habeas corpus application

under section 2254; and

`(B) a showing of good cause is made for the failure to

file the habeas corpus application within the time period

established by this section.

`Sec. 2264. Scope of Federal review; district court adjudications

`(a) Whenever a State prisoner under capital sentence files a

petition for habeas corpus relief to which this chapter applies,

the district court shall only consider a claim or claims that have

been raised and decided on the merits in the State courts, unless

the failure to raise the claim properly is--

`(1) the result of State action in violation of the

Constitution or laws of the United States;

`(2) the result of the Supreme Court's recognition of a new

Federal right that is made retroactively applicable; or

`(3) based on a factual predicate that could not have been

discovered through the exercise of due diligence in time to

present the claim for State or Federal post-conviction review.

`(b) Following review subject to subsections (a), (d), and (e) of

section 2254, the court shall rule on the claims properly before it.

`Sec. 2265. Application to State unitary review procedure

`(a) For purposes of this section, a `unitary review' procedure

means a State procedure that authorizes a person under sentence of

death to raise, in the course of direct review of the judgment,

such claims as could be raised on collateral attack. This chapter

shall apply, as provided in this section, in relation to a State

unitary review procedure if the State establishes by rule of its

court of last resort or by statute a mechanism for the appointment,

compensation, and payment of reasonable litigation expenses of

competent counsel in the unitary review proceedings, including

expenses relating to the litigation of collateral claims in the

proceedings. The rule of court or statute must provide standards of

competency for the appointment of such counsel.

`(b) To qualify under this section, a unitary review procedure

must include an offer of counsel following trial for the purpose of

representation on unitary review, and entry of an order, as

provided in section 2261(c), concerning appointment of counsel or

waiver or denial of appointment of counsel for that purpose. No

counsel appointed to represent the prisoner in the unitary review

proceedings shall have previously represented the prisoner at trial

in the case for which the appointment is made unless the prisoner

and counsel expressly request continued representation.

`(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation

to cases involving a sentence of death from any State having a

unitary review procedure that qualifies under this section.

References to State `post-conviction review' and `direct review' in

such sections shall be understood as referring to unitary review

under the State procedure. The reference in section 2262(a) to `an

order under section 2261(c)' shall be understood as referring to

the post-trial order under subsection (b) concerning representation

in the unitary review proceedings, but if a transcript of the trial

proceedings is unavailable at the time of the filing of such an

order in the appropriate State court, then the start of the 180-day

limitation period under section 2263 shall be deferred until a

transcript is made available to the prisoner or counsel of the

prisoner.

`Sec. 2266. Limitation periods for determining applications and

motions

`(a) The adjudication of any application under section 2254 that

is subject to this chapter, and the adjudication of any motion

under section 2255 by a person under sentence of death, shall be

given priority by the district court and by the court of appeals

over all noncapital matters.

`(b)(1)(A) A district court shall render a final determination

and enter a final judgment on any application for a writ of habeas

corpus brought under this chapter in a capital case not later than

180 days after the date on which the application is filed.

`(B) A district court shall afford the parties at least 120 days

in which to complete all actions, including the preparation of all

pleadings and briefs, and if necessary, a hearing, prior to the

submission of the case for decision.

`(C)(i) A district court may delay for not more than one

additional 30-day period beyond the period specified in

subparagraph (A), the rendering of a determination of an

application for a writ of habeas corpus if the court issues a

written order making a finding, and stating the reasons for the

finding, that the ends of justice that would be served by allowing

the delay outweigh the best interests of the public and the

applicant in a speedy disposition of the application.

`(ii) The factors, among others, that a court shall consider in

determining whether a delay in the disposition of an application is

warranted are as follows:

`(I) Whether the failure to allow the delay would be likely

to result in a miscarriage of justice.

`(II) Whether the case is so unusual or so complex, due to

the number of defendants, the nature of the prosecution, or the

existence of novel questions of fact or law, that it is

unreasonable to expect adequate briefing within the time

limitations established by subparagraph (A).

`(III) Whether the failure to allow a delay in a case that,

taken as a whole, is not so unusual or so complex as described

in subclause (II), but would otherwise deny the applicant

reasonable time to obtain counsel, would unreasonably deny the

applicant or the government continuity of counsel, or would

deny counsel for the applicant or the government the reasonable

time necessary for effective preparation, taking into account

the exercise of due diligence.

`(iii) No delay in disposition shall be permissible because of

general congestion of the court's calendar.

`(iv) The court shall transmit a copy of any order issued under

clause (i) to the Director of the Administrative Office of the

United States Courts for inclusion in the report under paragraph (5).

`(2) The time limitations under paragraph (1) shall apply to--

`(A) an initial application for a writ of habeas corpus;

`(B) any second or successive application for a writ of

habeas corpus; and

`(C) any redetermination of an application for a writ of

habeas corpus following a remand by the court of appeals or the

Supreme Court for further proceedings, in which case the

limitation period shall run from the date the remand is ordered.

`(3)(A) The time limitations under this section shall not be

construed to entitle an applicant to a stay of execution, to which

the applicant would otherwise not be entitled, for the purpose of

litigating any application or appeal.

`(B) No amendment to an application for a writ of habeas corpus

under this chapter shall be permitted after the filing of the

answer to the application, except on the grounds specified in

section 2244(b).

`(4)(A) The failure of a court to meet or comply with a time

limitation under this section shall not be a ground for granting

relief from a judgment of conviction or sentence.

`(B) The State may enforce a time limitation under this section

by petitioning for a writ of mandamus to the court of appeals. The

court of appeals shall act on the petition for a writ of mandamus

not later than 30 days after the filing of the petition.

`(5)(A) The Administrative Office of the United States Courts

shall submit to Congress an annual report on the compliance by the

district courts with the time limitations under this section.

`(B) The report described in subparagraph (A) shall include

copies of the orders submitted by the district courts under

paragraph (1)(B)(iv).

`(c)(1)(A) A court of appeals shall hear and render a final

determination of any appeal of an order granting or denying, in

whole or in part, an application brought under this chapter in a

capital case not later than 120 days after the date on which the

reply brief is filed, or if no reply brief is filed, not later than

120 days after the date on which the answering brief is filed.

`(B)(i) A court of appeals shall decide whether to grant a

petition for rehearing or other request for rehearing en banc not

later than 30 days after the date on which the petition for

rehearing is filed unless a responsive pleading is required, in

which case the court shall decide whether to grant the petition not

later than 30 days after the date on which the responsive pleading

is filed.

`(ii) If a petition for rehearing or rehearing en banc is

granted, the court of appeals shall hear and render a final

determination of the appeal not later than 120 days after the date

on which the order granting rehearing or rehearing en banc is

entered.

`(2) The time limitations under paragraph (1) shall apply to--

`(A) an initial application for a writ of habeas corpus;

`(B) any second or successive application for a writ of

habeas corpus; and

`(C) any redetermination of an application for a writ of

habeas corpus or related appeal following a remand by the court

of appeals en banc or the Supreme Court for further

proceedings, in which case the limitation period shall run from

the date the remand is ordered.

`(3) The time limitations under this section shall not be

construed to entitle an applicant to a stay of execution, to which

the applicant would otherwise not be entitled, for the purpose of

litigating any application or appeal.

`(4)(A) The failure of a court to meet or comply with a time

limitation under this section shall not be a ground for granting

relief from a judgment of conviction or sentence.

`(B) The State may enforce a time limitation under this section

by applying for a writ of mandamus to the Supreme Court.

`(5) The Administrative Office of the United States Courts shall

submit to Congress an annual report on the compliance by the courts

of appeals with the time limitations under this section.'.

(b) TECHNICAL AMENDMENT- The part analysis for part IV of title

28, United States Code, is amended by adding after the item

relating to chapter 153 the following new item:

[Bold->] 2261.'. [<-Bold]

(c) EFFECTIVE DATE- Chapter 154 of title 28, United States Code

(as added by subsection (a)) shall apply to cases pending on or

after the date of enactment of this Act.

SEC. 108. TECHNICAL AMENDMENT.

Section 408(q) of the Controlled Substances Act (21 U.S.C.

848(q)) is amended by amending paragraph (9) to read as follows:

`(9) Upon a finding that investigative, expert, or other services

are reasonably necessary for the representation of the defendant,

whether in connection with issues relating to guilt or the

sentence, the court may authorize the defendant's attorneys to

obtain such services on behalf of the defendant and, if so

authorized, shall order the payment of fees and expenses therefor

under paragraph (10). No ex parte proceeding, communication, or

request may be considered pursuant to this section unless a proper

showing is made concerning the need for confidentiality. Any such

proceeding, communication, or request shall be transcribed and made

a part of the record available for appellate review.'.

TITLE II--JUSTICE FOR VICTIMS

SUBTITLE A--MANDATORY VICTIM RESTITUTION

SEC. 201. SHORT TITLE.

This subtitle may be cited as the `Mandatory Victims Restitution

Act of 1996'.

SEC. 202. ORDER OF RESTITUTION.

Section 3556 of title 18, United States Code, is amended--

(1) by striking `may' and inserting `shall'; and

(2) by striking `sections 3663 and 3664.' and inserting

`section 3663A, and may order restitution in accordance with

section 3663. The procedures under section 3664 shall apply to

all orders of restitution under this section.'.

SEC. 203. CONDITIONS OF PROBATION.

Section 3563 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) in paragraph (3), by striking `and' at the end;

(B) in the first paragraph (4) (relating to conditions of

probation for a domestic crime of violence), by striking

the period and inserting a semicolon;

(C) by redesignating the second paragraph (4) (relating

to conditions of probation concerning drug use and testing)

as paragraph (5);

(D) in paragraph (5), as redesignated, by striking the

period at the end and inserting a semicolon; and

(E) by inserting after paragraph (5), as redesignated,

the following new paragraphs:

`(6) that the defendant--

`(A) make restitution in accordance with sections 2248,

2259, 2264, 2327, 3663, 3663A, and 3664; and

`(B) pay the assessment imposed in accordance with

section 3013; and

`(7) that the defendant will notify the court of any material

change in the defendant's economic circumstances that might

affect the defendant's ability to pay restitution, fines, or

special assessments.'; and

(2) in subsection (b)--

(A) by striking paragraph (2);

(B) by redesignating paragraphs (3) through (22) as

paragraphs (2) through (21), respectively; and

(C) by amending paragraph (2), as redesignated, to read

as follows:

`(2) make restitution to a victim of the offense under

section 3556 (but not subject to the limitation of section

3663(a) or 3663A(c)(1)(A));'.

SEC. 204. MANDATORY RESTITUTION.

(a) IN GENERAL- Chapter 232 of title 18, United States Code, is

amended by inserting immediately after section 3663 the following

new section:

`Sec. 3663A. Mandatory restitution to victims of certain crimes

`(a)(1) Notwithstanding any other provision of law, when

sentencing a defendant convicted of an offense described in

subsection (c), the court shall order, in addition to, or in the

case of a misdemeanor, in addition to or in lieu of, any other

penalty authorized by law, that the defendant make restitution to

the victim of the offense or, if the victim is deceased, to the

victim's estate.

`(2) For the purposes of this section, the term `victim' means a

person directly and proximately harmed as a result of the

commission of an offense for which restitution may be ordered

including, in the case of an offense that involves as an element a

scheme, conspiracy, or pattern of criminal activity, any person

directly harmed by the defendant's criminal conduct in the course

of the scheme, conspiracy, or pattern. In the case of a victim who

is under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim's

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim's rights under this

section, but in no event shall the defendant be named as such

representative or guardian.

`(3) The court shall also order, if agreed to by the parties in a

plea agreement, restitution to persons other than the victim of the

offense.

`(b) The order of restitution shall require that such defendant--

`(1) in the case of an offense resulting in damage to or loss

or destruction of property of a victim of the offense--

`(A) return the property to the owner of the property or

someone designated by the owner; or

`(B) if return of the property under subparagraph (A) is

impossible, impracticable, or inadequate, pay an amount

equal to--

`(i) the greater of--

`(I) the value of the property on the date of the damage, loss,

or destruction; or

`(II) the value of the property on the date of sentencing, less

`(ii) the value (as of the date the property is

returned) of any part of the property that is returned;

`(2) in the case of an offense resulting in bodily injury to

a victim--

`(A) pay an amount equal to the cost of necessary medical

and related professional services and devices relating to

physical, psychiatric, and psychological care, including

nonmedical care and treatment rendered in accordance with a

method of healing recognized by the law of the place of

treatment;

`(B) pay an amount equal to the cost of necessary

physical and occupational therapy and rehabilitation; and

`(C) reimburse the victim for income lost by such victim

as a result of such offense;

`(3) in the case of an offense resulting in bodily injury

that results in the death of the victim, pay an amount equal to

the cost of necessary funeral and related services; and

`(4) in any case, reimburse the victim for lost income and

necessary child care, transportation, and other expenses

incurred during participation in the investigation or

prosecution of the offense or attendance at proceedings related

to the offense.

`(c)(1) This section shall apply in all sentencing proceedings

for convictions of, or plea agreements relating to charges for, any

offense--

`(A) that is--

`(i) a crime of violence, as defined in section 16;

`(ii) an offense against property under this title,

including any offense committed by fraud or deceit; or

`(iii) an offense described in section 1365 (relating to

tampering with consumer products); and

`(B) in which an identifiable victim or victims has suffered

a physical injury or pecuniary loss.

`(2) In the case of a plea agreement that does not result in a

conviction for an offense described in paragraph (1), this section

shall apply only if the plea specifically states that an offense

listed under such paragraph gave rise to the plea agreement.

`(3) This section shall not apply in the case of an offense

described in paragraph (1)(A)(ii) if the court finds, from facts on

the record, that--

`(A) the number of identifiable victims is so large as to

make restitution impracticable; or

`(B) determining complex issues of fact related to the cause

or amount of the victim's losses would complicate or prolong

the sentencing process to a degree that the need to provide

restitution to any victim is outweighed by the burden on the

sentencing process.

`(d) An order of restitution under this section shall be issued

and enforced in accordance with section 3664.'.

(b) CLERICAL AMENDMENT- The analysis for chapter 232 of title 18,

United States Code, is amended by inserting immediately after the

matter relating to section 3663 the following:

`3663A. Mandatory restitution to victims of certain crimes.'.

SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.

(a) IN GENERAL- Section 3663 of title 18, United States Code, is

amended--

(1) in subsection (a)(1)--

(A) by striking `(a)(1) The court' and inserting

`(a)(1)(A) The court';

(B) by inserting `, section 401, 408(a), 409, 416, 420,

or 422(a) of the Controlled Substances Act (21 U.S.C. 841,

848(a), 849, 856, 861, 863) (but in no case shall a

participant in an offense under such sections be considered

a victim of such offense under this section),' before `or

section 46312,';

(C) by inserting `other than an offense described in

section 3663A(c),' after `title 49,';

(D) by inserting before the period at the end the

following: `, or if the victim is deceased, to the victim's

estate';

(E) by adding at the end the following new subparagraph:

`(B)(i) The court, in determining whether to order restitution

under this section, shall consider--

`(I) the amount of the loss sustained by each victim as a

result of the offense; and

`(II) the financial resources of the defendant, the financial

needs and earning ability of the defendant and the defendant's

dependents, and such other factors as the court deems

appropriate.

`(ii) To the extent that the court determines that the

complication and prolongation of the sentencing process resulting

from the fashioning of an order of restitution under this section

outweighs the need to provide restitution to any victims, the court

may decline to make such an order.'; and

(F) by amending paragraph (2) to read as follows:

`(2) For the purposes of this section, the term `victim' means a

person directly and proximately harmed as a result of the

commission of an offense for which restitution may be ordered

including, in the case of an offense that involves as an element a

scheme, conspiracy, or pattern of criminal activity, any person

directly harmed by the defendant's criminal conduct in the course

of the scheme, conspiracy, or pattern. In the case of a victim who

is under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim's

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim's rights under this

section, but in no event shall the defendant be named as such

representative or guardian.';

(2) by striking subsections (c) through (i); and

(3) by adding at the end the following new subsections:

`(c)(1) Notwithstanding any other provision of law (but subject

to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when

sentencing a defendant convicted of an offense described in section

401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances

Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is

no identifiable victim, the court may order that the defendant make

restitution in accordance with this subsection.

`(2)(A) An order of restitution under this subsection shall be

based on the amount of public harm caused by the offense, as

determined by the court in accordance with guidelines promulgated

by the United States Sentencing Commission.

`(B) In no case shall the amount of restitution ordered under

this subsection exceed the amount of the fine ordered for the

offense charged in the case.

`(3) Restitution under this subsection shall be distributed as

follows:

`(A) 65 percent of the total amount of restitution shall be

paid to the State entity designated to administer crime victim

assistance in the State in which the crime occurred.

`(B) 35 percent of the total amount of restitution shall be

paid to the State entity designated to receive Federal

substance abuse block grant funds.

`(4) The court shall not make an award under this subsection if

it appears likely that such award would interfere with a forfeiture

under chapter 46 of this title or under the Controlled Substances

Act (21 U.S.C. 801 et seq.).

`(5) Notwithstanding section 3612(c) or any other provision of

law, a penalty assessment under section 3013 or a fine under

subchapter C of chapter 227 shall take precedence over an order of

restitution under this subsection.

`(6) Requests for community restitution under this subsection may

be considered in all plea agreements negotiated by the United States.

`(7)(A) The United States Sentencing Commission shall promulgate

guidelines to assist courts in determining the amount of

restitution that may be ordered under this subsection.

`(B) No restitution shall be ordered under this subsection until

such time as the Sentencing Commission promulgates guidelines

pursuant to this paragraph.

`(d) An order of restitution made pursuant to this section shall

be issued and enforced in accordance with section 3664.'.

(b) SEXUAL ABUSE- Section 2248 of title 18, United States Code,

is amended--

(1) in subsection (a), by inserting `or 3663A' after `3663';

(2) in subsection (b)--

(A) by amending paragraph (1) to read as follows:

`(1) DIRECTIONS- The order of restitution under this section

shall direct the defendant to pay to the victim (through the

appropriate court mechanism) the full amount of the victim's

losses as determined by the court pursuant to paragraph (2).';

(B) by amending paragraph (2) to read as follows:

`(2) ENFORCEMENT- An order of restitution under this section

shall be issued and enforced in accordance with section 3664 in

the same manner as an order under section 3663A.';

(C) in paragraph (4), by striking subparagraphs (C) and

(D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

(c) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN- Section 2259

of title 18, United States Code, is amended--

(1) in subsection (a), by inserting `or 3663A' after `3663';

(2) in subsection (b)--

(A) by amending paragraph (1) to read as follows:

`(1) DIRECTIONS- The order of restitution under this section

shall direct the defendant to pay the victim (through the

appropriate court mechanism) the full amount of the victim's

losses as determined by the court pursuant to paragraph (2).';

(B) by amending paragraph (2) to read as follows:

`(2) ENFORCEMENT- An order of restitution under this section

shall be issued and enforced in accordance with section 3664 in

the same manner as an order under section 3663A.';

(C) in paragraph (4), by striking subparagraphs (C) and

(D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

(d) DOMESTIC VIOLENCE- Section 2264 of title 18, United States

Code, is amended--

(1) in subsection (a), by inserting `or 3663A' after `3663';

(2) in subsection (b)--

(A) by amending paragraph (1) to read as follows:

`(1) DIRECTIONS- The order of restitution under this section

shall direct the defendant to pay the victim (through the

appropriate court mechanism) the full amount of the victim's

losses as determined by the court pursuant to paragraph (2).';

(B) by amending paragraph (2) to read as follows:

`(2) ENFORCEMENT- An order of restitution under this section

shall be issued and enforced in accordance with section 3664 in

the same manner as an order under section 3663A.';

(C) in paragraph (4), by striking subparagraphs (C) and

(D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (g); and

(4) by adding at the end the following new subsection (c):

`(c) VICTIM DEFINED- For purposes of this section, the term

`victim' means the individual harmed as a result of a commission of

a crime under this chapter, including, in the case of a victim who

is under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim's

estate, another family member, or any other person appointed as

suitable by the court, but in no event shall the defendant be named

as such representative or guardian.'.

(e) TELEMARKETING FRAUD- Section 2327 of title 18, United States

Code, is amended--

(1) in subsection (a), by inserting `or 3663A' after `3663';

(2) in subsection (b)--

(A) by amending paragraph (1) to read as follows:

`(1) DIRECTIONS- The order of restitution under this section

shall direct the defendant to pay to the victim (through the

appropriate court mechanism) the full amount of the victim's

losses as determined by the court pursuant to paragraph (2).';

(B) by amending paragraph (2) to read as follows:

`(2) ENFORCEMENT- An order of restitution under this section

shall be issued and enforced in accordance with section 3664 in

the same manner as an order under section 3663A.';

(C) in paragraph (4), by striking subparagraphs (C) and

(D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.

(a) IN GENERAL- Section 3664 of title 18, United States Code, is

amended to read as follows:

`Sec. 3664. Procedure for issuance and enforcement of order of

restitution

`(a) For orders of restitution under this title, the court shall

order the probation officer to obtain and include in its

presentence report, or in a separate report, as the court may

direct, information sufficient for the court to exercise its

discretion in fashioning a restitution order. The report shall

include, to the extent practicable, a complete accounting of the

losses to each victim, any restitution owed pursuant to a plea

agreement, and information relating to the economic circumstances

of each defendant. If the number or identity of victims cannot be

reasonably ascertained, or other circumstances exist that make this

requirement clearly impracticable, the probation officer shall so

inform the court.

`(b) The court shall disclose to both the defendant and the

attorney for the Government all portions of the presentence or

other report pertaining to the matters described in subsection (a)

of this section.

`(c) The provisions of this chapter, chapter 227, and Rule 32(c)

of the Federal Rules of Criminal Procedure shall be the only rules

applicable to proceedings under this section.

`(d)(1) Upon the request of the probation officer, but not later

than 60 days prior to the date initially set for sentencing, the

attorney for the Government, after consulting, to the extent

practicable, with all identified victims, shall promptly provide

the probation officer with a listing of the amounts subject to

restitution.

`(2) The probation officer shall, prior to submitting the

presentence report under subsection (a), to the extent practicable--

`(A) provide notice to all identified victims of--

`(i) the offense or offenses of which the defendant was

convicted;

`(ii) the amounts subject to restitution submitted to the

probation officer;

`(iii) the opportunity of the victim to submit

information to the probation officer concerning the amount

of the victim's losses;

`(iv) the scheduled date, time, and place of the

sentencing hearing;

`(v) the availability of a lien in favor of the victim

pursuant to subsection (m)(1)(B); and

`(vi) the opportunity of the victim to file with the

probation officer a separate affidavit relating to the

amount of the victim's losses subject to restitution; and

`(B) provide the victim with an affidavit form to submit

pursuant to subparagraph (A)(vi).

`(3) Each defendant shall prepare and file with the probation

officer an affidavit fully describing the financial resources of

the defendant, including a complete listing of all assets owned or

controlled by the defendant as of the date on which the defendant

was arrested, the financial needs and earning ability of the

defendant and the defendant's dependents, and such other

information that the court requires relating to such other factors

as the court deems appropriate.

`(4) After reviewing the report of the probation officer, the

court may require additional documentation or hear testimony. The

privacy of any records filed, or testimony heard, pursuant to this

section shall be

maintained to the greatest extent possible, and such records may be

filed or testimony heard in camera.

`(5) If the victim's losses are not ascertainable by the date

that is 10 days prior to sentencing, the attorney for the

Government or the probation officer shall so inform the court, and

the court shall set a date for the final determination of the

victim's losses, not to exceed 90 days after sentencing. If the

victim subsequently discovers further losses, the victim shall have

60 days after discovery of those losses in which to petition the

court for an amended restitution order. Such order may be granted

only upon a showing of good cause for the failure to include such

losses in the initial claim for restitutionary relief.

`(6) The court may refer any issue arising in connection with a

proposed order of restitution to a magistrate judge or special

master for proposed findings of fact and recommendations as to

disposition, subject to a de novo determination of the issue by the

court.

`(e) Any dispute as to the proper amount or type of restitution

shall be resolved by the court by the preponderance of the

evidence. The burden of demonstrating the amount of the loss

sustained by a victim as a result of the offense shall be on the

attorney for the Government. The burden of demonstrating the

financial resources of the defendant and the financial needs of the

defendant's dependents, shall be on the defendant. The burden of

demonstrating such other matters as the court deems appropriate

shall be upon the party designated by the court as justice requires.

`(f)(1)(A) In each order of restitution, the court shall order

restitution to each victim in the full amount of each victim's

losses as determined by the court and without consideration of the

economic circumstances of the defendant.

`(B) In no case shall the fact that a victim has received or is

entitled to receive compensation with respect to a loss from

insurance or any other source be considered in determining the

amount of restitution.

`(2) Upon determination of the amount of restitution owed to each

victim, the court shall, pursuant to section 3572, specify in the

restitution order the manner in which, and the schedule according

to which, the restitution is to be paid, in consideration of--

`(A) the financial resources and other assets of the

defendant, including whether any of these assets are jointly

controlled;

`(B) projected earnings and other income of the defendant; and

`(C) any financial obligations of the defendant; including

obligations to dependents.

`(3)(A) A restitution order may direct the defendant to make a

single, lump-sum payment, partial payments at specified intervals,

in-kind payments, or a combination of payments at specified

intervals and in-kind payments.

`(B) A restitution order may direct the defendant to make nominal

periodic payments if the court finds from facts on the record that

the economic circumstances of the defendant do not allow the

payment of any amount of a restitution order, and do not allow for

the payment of the full amount of a restitution order in the

foreseeable future under any reasonable schedule of payments.

`(4) An in-kind payment described in paragraph (3) may be in the

form of--

`(A) return of property;

`(B) replacement of property; or

`(C) if the victim agrees, services rendered to the victim or

a person or organization other than the victim.

`(g)(1) No victim shall be required to participate in any phase

of a restitution order.

`(2) A victim may at any time assign the victim's interest in

restitution payments to the Crime Victims Fund in the Treasury

without in any way impairing the obligation of the defendant to

make such payments.

`(h) If the court finds that more than 1 defendant has

contributed to the loss of a victim, the court may make each

defendant liable for payment of the full amount of restitution or

may apportion liability among the defendants to reflect the level

of contribution to the victim's loss and economic circumstances of

each defendant.

`(i) If the court finds that more than 1 victim has sustained a

loss requiring restitution by a defendant, the court may provide

for a different payment schedule for each victim based on the type

and amount of each victim's loss and accounting for the economic

circumstances of each victim. In any case in which the United

States is a victim, the court shall ensure that all other victims

receive full restitution before the United States receives any

restitution.

`(j)(1) If a victim has received compensation from insurance or

any other source with respect to a loss, the court shall order that

restitution be paid to the person who provided or is obligated to

provide the compensation, but the restitution order shall provide

that all restitution of victims required by the order be paid to

the victims before any restitution is paid to such a provider of

compensation.

`(2) Any amount paid to a victim under an order of restitution

shall be reduced by any amount later recovered as compensatory

damages for the same loss by the victim in--

`(A) any Federal civil proceeding; and

`(B) any State civil proceeding, to the extent provided by

the law of the State.

`(k) A restitution order shall provide that the defendant shall

notify the court and the Attorney General of any material change in

the defendant's economic circumstances that might affect the

defendant's ability to pay restitution. The court may also accept

notification of a material change in the defendant's economic

circumstances from the United States or from the victim. The

Attorney General shall certify to the court that the victim or

victims owed restitution by the defendant have been notified of the

change in circumstances. Upon receipt of the notification, the

court may, on its own motion, or the motion of any party, including

the victim, adjust the payment schedule, or require immediate

payment in full, as the interests of justice require.

`(l) A conviction of a defendant for an offense involving the act

giving rise to an order of restitution shall estop the defendant

from denying the essential allegations of that offense in any

subsequent Federal civil proceeding or State civil proceeding, to

the extent consistent with State law, brought by the victim.

`(m)(1)(A)(i) An order of restitution may be enforced by the

United States in the manner provided for in subchapter C of chapter

227 and subchapter B of chapter 229 of this title; or

`(ii) by all other available and reasonable means.

`(B) At the request of a victim named in a restitution order, the

clerk of the court shall issue an abstract of judgment certifying

that a judgment has been entered in favor of such victim in the

amount specified in the restitution order. Upon registering,

recording, docketing, or indexing such abstract in accordance with

the rules and requirements relating to judgments of the court of

the State where the district court is located, the abstract of

judgment shall be a lien on the property of the defendant located

in such State in the same manner and to the same extent and under

the same conditions as a judgment of a court of general

jurisdiction in that State.

`(2) An order of in-kind restitution in the form of services

shall be enforced by the probation officer.

`(n) If a person obligated to provide restitution, or pay a fine,

receives substantial resources from any source, including

inheritance, settlement, or other judgment, during a period of

incarceration, such person shall be required to apply the value of

such resources to any restitution or fine still owed.

`(o) A sentence that imposes an order of restitution is a final

judgment notwithstanding the fact that--

`(1) such a sentence can subsequently be--

`(A) corrected under Rule 35 of the Federal Rules of

Criminal Procedure and section 3742 of chapter 235 of this

title;

`(B) appealed and modified under section 3742;

`(C) amended under section 3664(d)(3); or

`(D) adjusted under section 3664(k), 3572, or 3613A; or

`(2) the defendant may be resentenced under section 3565 or

3614.

`(p) Nothing in this section or sections 2248, 2259, 2264, 2327,

3663, and 3663A and arising out of the application of such

sections, shall be construed to create a cause of action not

otherwise authorized in favor of any person against the United

States or any officer or employee of the United States.'.

(b) TECHNICAL AMENDMENT- The item relating to section 3664 in the

analysis for chapter 232 of title 18, United States Code, is

amended to read as follows:

`3664. Procedure for issuance and enforcement of order of

restitution.'.

SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.

(a) AMENDMENT OF FEDERAL RULES OF CRIMINAL PROCEDURE- Rule 32(b)

of the Federal Rules of Criminal Procedure is amended--

(1) in paragraph (1), by adding at the end the following:

`Notwithstanding the preceding sentence, a presentence

investigation and report, or other report containing

information sufficient for the court to enter an order of

restitution, as the court may direct, shall be required in any

case in which restitution is required to be ordered.'; and

(2) in paragraph (4)--

(A) by redesignating subparagraphs (F) and (G) as

subparagraphs (G) and (H), respectively; and

(B) by inserting after subparagraph (E), the following

new subparagraph:

`(F) in appropriate cases, information sufficient for the

court to enter an order of restitution;'.

(b) FINES- Section 3572 of title 18, United States Code, is

amended--

(1) in subsection (b) by inserting `other than the United

States,' after `offense,';

(2) in subsection (d)--

(A) in the first sentence, by striking `A person

sentenced to pay a fine or other monetary penalty' and

inserting `(1) A person sentenced to pay a fine or other

monetary penalty, including restitution,';

(B) by striking the third sentence; and

(C) by adding at the end the following:

`(2) If the judgment, or, in the case of a restitution order, the

order, permits other than immediate payment, the length of time

over which scheduled payments will be made shall be set by the

court, but shall be the shortest time in which full payment can

reasonably be made.

`(3) A judgment for a fine which permits payments in installments

shall include a requirement that the defendant will notify the

court of any material change in the defendant's economic

circumstances that might affect the defendant's ability to pay the

fine. Upon receipt of such notice the court may, on its own motion

or the motion of any party, adjust the payment schedule, or require

immediate payment in full, as the interests of justice require.';

(3) in subsection (f), by inserting `restitution' after

`special assessment,';

(4) in subsection (h), by inserting `or payment of

restitution' after `A fine'; and

(5) in subsection (i)--

(A) in the first sentence, by inserting `or payment of

restitution' after `A fine'; and

(B) by amending the second sentence to read as follows:

`Notwithstanding any installment schedule, when a fine or

payment of restitution is in default, the entire amount of

the fine or restitution is due within 30 days after

notification of the default, subject to the provisions of

section 3613A.'.

(c) POSTSENTENCE ADMINISTRATION-

(1) PAYMENT OF A FINE OR RESTITUTION- Section 3611 of title

18, United States Code, is amended--

(A) by amending the heading to read as follows:

`Sec. 3611. Payment of a fine or restitution';

and

(B) by striking `or assessment shall pay the fine or

assessment' and inserting `, assessment, or restitution,

shall pay the fine, assessment, or restitution'.

(2) COLLECTION- Section 3612 of title 18, United States Code,

is amended--

(A) by amending the heading to read as follows:

`Sec. 3612. Collection of unpaid fine or restitution';

(B) in subsection (b)(1)--

(i) in the matter preceding subparagraph (A), by

inserting `or restitution order' after `fine';

(ii) in subparagraph (C), by inserting `or

restitution order' after `fine';

(iii) in subparagraph (E), by striking `and';

(iv) in subparagraph (F)--

(I) by inserting `or restitution order' after `fine'; and

(II) by striking the period at the end and inserting `; and'; and

(v) by adding at the end the following new

subparagraph:

`(G) in the case of a restitution order, information

sufficient to identify each victim to whom restitution is

owed. It shall be the responsibility of each victim to

notify the Attorney General, or the appropriate entity of

the court, by means of a form to be provided by the

Attorney General or the court, of any change in the

victim's mailing address while restitution is still owed

the victim. The confidentiality of any information

relating to a victim shall be maintained.';

(C) in subsection (c)--

(i) in the first sentence, by inserting `or

restitution' after `fine'; and

(ii) by adding at the end the following: `Any money

received from a defendant shall be disbursed so that

each of the following obligations is paid in full in

the following sequence:

`(1) A penalty assessment under section 3013 of title 18,

United States Code.

`(2) Restitution of all victims.

`(3) All other fines, penalties, costs, and other payments

required under the sentence.';

(D) in subsection (d)--

(i) by inserting `or restitution' after `fine'; and

(ii) by striking `is delinquent, to inform him that

the fine is delinquent' and inserting `or restitution

is delinquent, to inform the person of the delinquency';

(E) in subsection (e)--

(i) by inserting `or restitution' after `fine'; and

(ii) by striking `him that the fine is in default'

and inserting `the person that the fine or restitution

is in default';

(F) in subsection (f)--

(i) in the heading, by inserting `and restitution'

after `on fines'; and

(ii) in paragraph (1), by inserting `or restitution'

after `any fine';

(G) in subsection (g), by inserting `or restitution'

after `fine' each place it appears; and

(H) in subsection (i), by inserting `and restitution'

after `fines'.

(3) CIVIL REMEDIES- Section 3613 of title 18, United States

Code, is amended to read as follows:

`Sec. 3613. Civil remedies for satisfaction of an unpaid fine

`(a) ENFORCEMENT- The United States may enforce a judgment

imposing a fine in accordance with the practices and procedures for

the enforcement of a civil judgment under Federal law or State law.

Notwithstanding any other Federal law (including section 207 of the

Social Security Act), a judgment imposing a fine may be enforced

against all property or rights to property of the person fined,

except that--

`(1) property exempt from levy for taxes pursuant to section

6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12)

of the Internal Revenue Code of 1986 shall be exempt from

enforcement of the judgment under Federal law;

`(2) section 3014 of chapter 176 of title 28 shall not apply

to enforcement under Federal law; and

`(3) the provisions of section 303 of the Consumer Credit

Protection Act (15 U.S.C. 1673) shall apply to enforcement of

the judgment under Federal law or State law.

`(b) TERMINATION OF LIABILITY- The liability to pay a fine shall

terminate the later of 20 years from the entry of judgment or 20

years after the release from imprisonment of the person fined, or

upon the death of the individual fined.

`(c) LIEN- A fine imposed pursuant to the provisions of

subchapter C of chapter 227 of this title, or an order of

restitution made pursuant to sections 2248, 2259, 2264, 2327, 3663,

3663A, or 3664 of this title, is a lien in favor of the United

States on all property and rights to property of the person fined

as if the liability of the person fined were a liability for a tax

assessed under the Internal Revenue Code of 1986. The lien arises

on the entry of judgment and continues for 20 years or until the

liability is satisfied, remitted, set aside, or is terminated under

subsection (b).

`(d) EFFECT OF FILING NOTICE OF LIEN- Upon filing of a notice of

lien in the manner in which a notice of tax lien would be filed

under section 6323(f) (1) and (2) of the Internal Revenue Code of

1986, the lien shall be valid against any purchaser, holder of a

security interest, mechanic's lienor or judgment lien creditor,

except with respect to properties or transactions specified in

subsection (b), (c), or (d) of section 6323 of the Internal Revenue

Code of 1986 for which a notice of tax lien properly filed on the

same date would not be valid. The notice of lien shall be

considered a notice of lien for taxes payable to the United States

for the purpose of any State or local law providing for the filing

of a notice of a tax lien. A notice of lien that is registered,

recorded, docketed, or indexed in accordance with the rules and

requirements relating to judgments of the courts of the State where

the notice of lien is registered, recorded, docketed, or indexed

shall be considered for all purposes as the filing prescribed by

this section. The provisions of section 3201(e) of chapter 176 of

title 28 shall apply to liens filed as prescribed by this section.

`(e) DISCHARGE OF DEBT INAPPLICABLE- No discharge of debts in a

proceeding pursuant to any chapter of title 11, United States Code,

shall discharge liability to pay a fine pursuant to this section,

and a lien filed as prescribed by this section shall not be voided

in a bankruptcy proceeding.

`(f) APPLICABILITY TO ORDER OF RESTITUTION- In accordance with

section 3664(m)(1)(A) of this title, all provisions of this section

are available to the United States for the enforcement of an order

of restitution.'.

(4) DEFAULT- Chapter 229 of title 18, United States Code, is

amended by inserting after section 3613 the following new

section:

`Sec. 3613A. Effect of default

`(a)(1) Upon a finding that the defendant is in default on a

payment of a fine or restitution, the court may, pursuant to

section 3565, revoke probation or a term of supervised release,

modify the terms or conditions of probation or a term of supervised

release, resentence a defendant pursuant to section 3614, hold the

defendant in contempt of court, enter a restraining order or

injunction, order the sale of property of the defendant, accept a

performance bond, enter or adjust a payment schedule, or take any

other action necessary to obtain compliance with the order of a

fine or restitution.

`(2) In determining what action to take, the court shall consider

the defendant's employment status, earning ability, financial

resources, the willfulness in failing to comply with the fine or

restitution order, and any other circumstances that may have a

bearing on the defendant's ability or failure to comply with the

order of a fine or restitution.

`(b)(1) Any hearing held pursuant to this section may be

conducted by a magistrate judge, subject to de novo review by the

court.

`(2) To the extent practicable, in a hearing held pursuant to

this section involving a defendant who is confined in any jail,

prison, or other correctional facility, proceedings in which the

prisoner's participation is required or permitted shall be

conducted by telephone, video conference, or other communications

technology without removing the prisoner from the facility in which

the prisoner is confined.'.

(5) RESENTENCING- Section 3614 of title 18, United States

Code, is amended--

(A) in the heading, by inserting `or restitution' after

`fine';

(B) in subsection (a), by inserting `or restitution'

after `fine'; and

(C) by adding at the end the following new subsection:

`(c) EFFECT OF INDIGENCY- In no event shall a defendant be

incarcerated under this section solely on the basis of inability to

make payments because the defendant is indigent.'.

(d) CLERICAL AMENDMENT- The table of sections at the beginning of

subchapter B of chapter 229 of title 18, United States Code, is

amended to read as follows:

`Sec.

`3611. Payment of a fine or restitution.

`3612. Collection of an unpaid fine or restitution.

`3613. Civil remedies for satisfaction of an unpaid fine.

`3613A. Effect of default.

`3614. Resentencing upon failure to pay a fine or restitution.

`3615. Criminal default.'.

SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.

Pursuant to section 994 of title 28, United States Code, the

United States Sentencing Commission shall promulgate guidelines or

amend existing guidelines to reflect this subtitle and the

amendments made by this subtitle.

SEC. 209. JUSTICE DEPARTMENT REGULATIONS.

Not later than 90 days after the date of enactment of this

subtitle, the Attorney General shall promulgate guidelines, or

amend existing guidelines, to carry out this subtitle and the

amendments made by this subtitle and to ensure that--

(1) in all plea agreements negotiated by the United States,

consideration is given to requesting that the defendant provide

full restitution to all victims of all charges contained in the

indictment or information, without regard to the counts to

which the defendant actually pleaded; and

(2) orders of restitution made pursuant to the amendments

made by this subtitle are enforced to the fullest extent of the

law.

SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

Section 3013(a)(2) of title 18, United States Code, is amended--

(1) in subparagraph (A), by striking `$50' and inserting `not

less than $100'; and

(2) in subparagraph (B), by striking `$200' and inserting

`not less than $400'.

SEC. 211. EFFECTIVE DATE.

The amendments made by this subtitle shall, to the extent

constitutionally permissible, be effective for sentencing

proceedings in cases in which the defendant is convicted on or

after the date of enactment of this Act.

SUBTITLE B--JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES

SEC. 221. 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 `or' at the end of paragraph (5);

(B) by striking the period at the end of paragraph (6)

and inserting `; or'; and

(C) 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 state 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) for such an act if such act or provision of material

support is engaged in by an official, employee, or agent of

such foreign state while acting within the scope of his or her

office, employment, or agency, except that the court shall

decline to hear a claim under this paragraph--

`(A) if the foreign state was not designated as a state

sponsor of terrorism 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) at the time the act occurred, unless later so

designated as a result of such act; and

`(B) even if the foreign state is or was so designated,

if--

`(i) the act occurred in the foreign state against

which the claim has been brought and the claimant has

not afforded the foreign state a reasonable opportunity

to arbitrate the claim in accordance with accepted

international rules of arbitration; or

`(ii) the claimant or victim was not a national of

the United States (as that term is defined in section

101(a)(22) of the Immigration and Nationality Act) when

the act upon which the claim is based occurred.'; and

(2) by adding at the end the following:

`(e) For purposes of paragraph (7) of subsection (a)--

`(1) the terms `torture' and `extrajudicial killing' have the

meaning given those terms in section 3 of the Torture Victim

Protection Act of 1991;

`(2) the term `hostage taking' has the meaning given that

term in Article 1 of the International Convention Against the

Taking of Hostages; and

`(3) the term `aircraft sabotage' has the meaning given that

term in Article 1 of the Convention for the Suppression of

Unlawful Acts Against the Safety of Civil Aviation.

`(f) No action shall be maintained under subsection (a)(7) unless

the action is commenced not later than 10 years after the date on

which the cause of action arose. All principles of equitable

tolling, including the period during which the foreign state was

immune from suit, shall apply in calculating this limitation period.

`(g) LIMITATION ON DISCOVERY-

`(1) IN GENERAL- (A) Subject to paragraph (2), if an action

is filed that would otherwise be barred by section 1604, but

for subsection (a)(7), the court, upon request of the Attorney

General, shall stay any request, demand, or order for discovery

on the United States that the Attorney General certifies would

significantly interfere with a criminal investigation or

prosecution, or a national security operation, related to the

incident that gave rise to the cause of action, until such time

as the Attorney General advises the court that such request,

demand, or order will no longer so interfere.

`(B) A stay under this paragraph shall be in effect during

the 12-month period beginning on the date on which the court

issues the order to stay discovery. The court shall renew the

order to stay discovery for additional 12-month periods upon

motion by the United States if the Attorney General certifies

that discovery would significantly interfere with a criminal

investigation or prosecution, or a national security operation,

related to the incident that gave rise to the cause of action.

`(2) SUNSET- (A) Subject to subparagraph (B), no stay shall

be granted or continued in effect under paragraph (1) after the

date that is 10 years after the date on which the incident that

gave rise to the cause of action occurred.

`(B) After the period referred to in subparagraph (A), the

court, upon request of the Attorney General, may stay any

request, demand, or order for discovery on the United States

that the court finds a substantial likelihood would--

`(i) create a serious threat of death or serious bodily

injury to any person;

`(ii) adversely affect the ability of the United States

to work in cooperation with foreign and international law

enforcement agencies in investigating violations of United

States law; or

`(iii) obstruct the criminal case related to the incident

that gave rise to the cause of action or undermine the

potential for a conviction in such case.

`(3) EVALUATION OF EVIDENCE- The court's evaluation of any

request for a stay under this subsection filed by the Attorney

General shall be conducted ex parte and in camera.

`(4) BAR ON MOTIONS TO DISMISS- A stay of discovery under

this subsection shall constitute a bar to the granting of a

motion to dismiss under rules 12(b)(6) and 56 of the Federal

Rules of Civil Procedure.

`(5) CONSTRUCTION- Nothing in this subsection shall prevent

the United States from seeking protective orders or asserting

privileges ordinarily available to the United States.'.

(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 title

28, United States Code, 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 subtitle shall

apply to any cause of action arising before, on, or after the date

of the enactment of this Act.

SUBTITLE C--ASSISTANCE TO VICTIMS OF TERRORISM

SEC. 231. SHORT TITLE.

This subtitle may be cited as the `Justice for Victims of

Terrorism Act of 1996'.

SEC. 232. VICTIMS OF TERRORISM ACT.

(a) AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION TO VICTIMS

OF TERRORISM- The Victims of Crime Act of 1984 (42 U.S.C. 10601 et

seq.) is amended by inserting after section 1404A the following new

section:

`SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR

MASS VIOLENCE.

`(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE UNITED STATES- The

Director may make supplemental grants as provided in section

1404(a) to States to provide compensation and assistance to the

residents of such States who, while outside of the territorial

boundaries of the United States, are victims of a terrorist act or

mass violence and are not persons eligible for compensation under

title VIII of the Omnibus Diplomatic Security and Antiterrorism Act

of 1986.

`(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES- The Director

may make supplemental grants as provided in section 1404(d)(4)(B)

to States for eligible crime victim compensation and assistance

programs to provide emergency relief, including crisis response

efforts, assistance, training, and technical assistance, for the

benefit of victims of terrorist acts or mass violence occurring

within the United States and may provide funding to United States

Attorney's Offices for use in coordination with State victim

compensation and assistance efforts in providing emergency relief.'.

(b) FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF

TERRORISM, MASS VIOLENCE, AND CRIME- Section 1402(d)(4) of the

Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to

read as follows:

`(4)(A) If the sums available in the Fund are sufficient to

fully provide grants to the States pursuant to section

1403(a)(1), the Director may retain any portion of the Fund

that was deposited during a fiscal year that was in excess of

110 percent of the total amount deposited in the Fund during

the preceding fiscal year as an emergency reserve. Such reserve

shall not exceed $50,000,000.

`(B) The emergency reserve referred to in subparagraph (A)

may be used for supplemental grants under section 1404B and to

supplement the funds available to provide grants to States for

compensation and assistance in accordance with sections 1403

and 1404 in years in which supplemental grants are needed.'.

(c) CRIME VICTIMS FUND AMENDMENTS-

(1) UNOBLIGATED FUNDS- Section 1402 of the Victims of Crime

Act of 1984 (42 U.S.C. 10601) is amended--

(A) in subsection (c), by striking `subsection' and

inserting `chapter'; and

(B) by amending subsection (e) to read as follows:

`(e) AMOUNTS AWARDED AND UNSPENT- Any amount awarded as part of a

grant under this chapter that remains unspent at the end of a

fiscal year in which the grant is made may be expended for the

purpose for which the grant is made at any time during the 2

succeeding fiscal years, at the end of which period, any remaining

unobligated sums in excess of $500,000 shall be returned to the

Treasury. Any remaining unobligated sums in an amount less than

$500,000 shall be returned to the Fund.'.

(2) BASE AMOUNT- Section 1404(a)(5) of the Victims of Crime

Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as

follows:

`(5) As used in this subsection, the term `base amount' means--

`(A) except as provided in subparagraph (B), $500,000; and

`(B) for the territories of the Northern Mariana Islands,

Guam, American Samoa, and the Republic of Palau, $200,000,

with the Republic of Palau's share governed by the Compact

of Free Association between the United States and the

Republic of Palau.'.

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

(a) REQUIRING COMPENSATION FOR TERRORIST CRIMES- Section

1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.

10602(d)(3)) is amended--

(1) by inserting `crimes involving terrorism,' before

`driving while intoxicated'; and

(2) by inserting a comma after `driving while intoxicated'.

(b) FOREIGN TERRORISM- Section 1403(b)(6)(B) of the Victims of

Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by

inserting `are outside of the United States (if the compensable

crime is terrorism, as defined in section 2331 of title 18, United

States Code), or' before `are States not having'.

(c) DESIGNATION OF CARTNEY MCRAVEN CHILD DEVELOPMENT CENTER-

(1) DESIGNATION-

(A) IN GENERAL- The Federal building at 1314 LeMay

Boulevard, Ellsworth Air Force Base, South Dakota, shall be

known as the `Cartney McRaven Child Development Center'.

(B) REPLACEMENT BUILDING- If, after the date of enactment

of this Act, a new Federal building is built at the

location described in subparagraph (A) to replace the

building described in the paragraph, the new Federal

building shall be known as the `Cartney McRaven Child

Development Center'.

(2) REFERENCES- Any reference in a law, map, regulation,

document, paper, or other record of the United States to a

Federal building referred to in paragraph (1) shall be deemed

to be a reference to the `Cartney McRaven Child Development

Center'.

(d) EFFECTIVE DATE- This section and the amendments made by this

section shall take effect 1 year after the date of enactment of

this Act.

SEC. 234. CRIME VICTIMS FUND.

(a) PROHIBITION OF PAYMENTS TO DELINQUENT CRIMINAL DEBTORS BY

STATE CRIME VICTIM COMPENSATION PROGRAMS-

(1) IN GENERAL- Section 1403(b) of the Victims of Crime Act

of 1984 (42 U.S.C. 10602(b)) is amended--

(A) by striking `and' at the end of paragraph (7);

(B) by redesignating paragraph (8) as paragraph (9); and

(C) by inserting after paragraph (7) the following new

paragraph:

`(8) such program does not provide compensation to any person

who has been convicted of an offense under Federal law with

respect to any time period during which the person is

delinquent in paying a fine, other monetary penalty, or

restitution imposed for the offense; and'.

(2) APPLICATION OF AMENDMENT- Section 1403(b)(8) of the

Victims of Crime Act of 1984, as added by paragraph (1) of this

section, shall not be applied to deny victims compensation to

any person until the date on which the Attorney General, in

consultation with the Director of the Administrative Office of

the United States Courts, issues a written determination that a

cost-effective, readily available criminal debt payment

tracking system operated by the agency responsible for the

collection of criminal debt has established cost-effective,

readily available communications links with entities that

administer Federal victim compensation programs that are

sufficient to ensure that victim compensation is not denied to

any person except as authorized by law.

(b) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS TESTS- Section

1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is

amended by inserting after subsection (b) the following new

subsection:

`(c) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS TESTS-

Notwithstanding any other law, for the purpose of any maximum

allowed income eligibility requirement in any Federal, State, or

local government program using Federal funds that provides medical

or other assistance (or payment or reimbursement of the cost of

such assistance) that becomes necessary to an applicant for such

assistance in full or in part because of the commission of a crime

against the applicant, as determined by the Director, any amount of

crime victim compensation that the applicant receives through a

crime victim compensation program under this section shall not be

included in the income of the applicant until the total amount of

assistance that the applicant receives from all such programs is

sufficient to fully compensate the applicant for losses suffered as

a result of the crime.'.

SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF

CRIME.

(a) IN GENERAL- Notwithstanding any provision of the Federal

Rules of Criminal Procedure to the contrary, in order to permit

victims of crime to watch criminal trial proceedings in cases where

the venue of the trial is changed--

(1) out of the State in which the case was initially brought;

and

(2) more than 350 miles from the location in which those

proceedings originally would have taken place;

the trial court shall order closed circuit televising of the

proceedings to that location, for viewing by such persons the court

determines have a compelling interest in doing so and are otherwise

unable to do so by reason of the inconvenience and expense caused

by the change of venue.

(b) LIMITED ACCESS-

(1) GENERALLY- No other person, other than official court and

security personnel, or other persons specifically designated by

the court, shall be permitted to view the closed circuit

televising of the proceedings.

(2) EXCEPTION- The court shall not designate a person under

paragraph (1) if the presiding judge at the trial determines

that testimony by that person would be materially affected if

that person heard other testimony at the trial.

(c) RESTRICTIONS-

(1) The signal transmitted pursuant to subsection (a) shall

be under the control of the court at all times and shall only

be transmitted subject to the terms and conditions imposed by

the court.

(2) No public broadcast or dissemination shall be made of the

signal transmitted pursuant to subsection (a). In the event

any tapes are produced in carrying out subsection (a), such

tapes shall be the property of the court and kept under seal.

(3) Any violations of this subsection, or any rule or order

made pursuant to this section, shall be punishable as contempt

of court as described in section 402 of title 18, United States

Code.

(d) DONATIONS- The Administrative Office of the United States

Courts may accept donations to enable the courts to carry out

subsection (a).

(e) CONSTRUCTION-

(1) Nothing in this section shall be construed--

(i) to create in favor of any person a cause of action

against the United States or any officer or employees

thereof, or

(ii) to provide any person with a defense in any action

in which application of this section is made.

(f) DEFINITION- As used in this section, the term `State' means

any State, the District of Columbia, or any possession or

territory of the United States.

(g) RULES- The Judicial Conference of the United States, pursuant

to its rule making authority under section 331 of title 28, United

States Code, may promulgate and issue rules, or amend existing

rules, to effectuate the policy addressed by this section. Upon

the implementation of such rules, this section shall cease to be

effective.

(h) EFFECTIVE DATE- This section shall only apply to cases filed

after January 1, 1995.

SEC. 236. TECHNICAL CORRECTION.

Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42

U.S.C. 10601(d)(3)(B)) is amended by striking `1404A' and inserting

`1404(a)'.

TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

SUBTITLE A--PROHIBITION ON INTERNATIONAL TERRORIST FUNDRAISING

SEC. 301. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds that--

(1) international terrorism is a serious and deadly problem

that threatens the vital interests of the United States;

(2) the Constitution confers upon Congress the power to

punish crimes against the law of nations and to carry out the

treaty obligations of the United States, and therefore Congress

may by law impose penalties relating to the provision of

material support to foreign organizations engaged in terrorist

activity;

(3) the power of the United States over immigration and

naturalization permits the exclusion from the United States of

persons belonging to international terrorist organizations;

(4) international terrorism affects the interstate and

foreign commerce of the United States by harming international

trade and market stability, and limiting international travel

by United States citizens as well as foreign visitors to the

United States;

(5) 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;

(6) 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

(7) foreign organizations that engage in terrorist activity

are so tainted by their criminal conduct that any contribution

to such an organization facilitates that conduct.

(b) PURPOSE- The purpose of this subtitle 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

material support or resources to foreign organizations that engage

in terrorist activities.

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) IN GENERAL- Chapter 2 of title II of the Immigration and

Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the

end the following:

`SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

`(a) DESIGNATION-

`(1) IN GENERAL- The Secretary is authorized to designate an

organization as a foreign terrorist organization in accordance

with this subsection if the Secretary finds that--

`(A) the organization is a foreign organization;

`(B) the organization engages in terrorist activity (as

defined in section 212(a)(3)(B)); and

`(C) the terrorist activity of the organization threatens

the security of United States nationals or the national

security of the United States.

`(2) PROCEDURE-

`(A) NOTICE- Seven days before making a designation under

this subsection, the Secretary shall, by classified

communication--

`(i) 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 a foreign organization under

this subsection, together with the findings made under

paragraph (1) with respect to that organization, and

the factual basis therefor; and

`(ii) seven days after such notification, publish the

designation in the Federal Register.

`(B) EFFECT OF DESIGNATION-

`(i) For purposes of section 2339B of title 18,

United States Code, a designation under this subsection

shall take effect upon publication under subparagraph

(A).

`(ii) Any designation under this subsection shall

cease to have effect upon an Act of Congress

disapproving such designation.

`(C) FREEZING OF ASSETS- Upon notification under

paragraph (2), the Secretary of the Treasury may require

United States financial institutions possessing or

controlling any assets of any foreign organization included

in the notification to block all financial transactions

involving those assets until further directive from either

the Secretary of the Treasury, Act of Congress, or order of

court.

`(3) RECORD-

`(A) IN GENERAL- In making a designation under this

subsection, the Secretary shall create an administrative

record.

`(B) CLASSIFIED INFORMATION- The Secretary may consider

classified information in making a designation under this

subsection. Classified information shall not be subject to

disclosure for such time as it remains classified, except

that such information may be disclosed to a court ex parte

and in camera for purposes of judicial review under

subsection (c).

`(4) PERIOD OF DESIGNATION-

`(A) IN GENERAL- Subject to paragraphs (5) and (6), a

designation under this subsection shall be effective for

all purposes for a period of 2 years beginning on the

effective date of the designation under paragraph (2)(B).

`(B) REDESIGNATION- The Secretary may redesignate a

foreign organization as a foreign terrorist organization

for an additional 2-year period at the end of the 2-year

period referred to in subparagraph (A) (but not sooner than

60 days prior to the termination of such period) upon a

finding that the relevant circumstances described in

paragraph (1) still exist. The procedural requirements of

paragraphs (2) and (3) shall apply to a redesignation under

this subparagraph.

`(5) REVOCATION BY ACT OF CONGRESS- The Congress, by an Act

of Congress, may block or revoke a designation made under

paragraph (1).

`(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES-

`(A) IN GENERAL- The Secretary may revoke a designation

made under paragraph (1) if the Secretary finds that--

`(i) the circumstances that were the basis for the

designation have changed in such a manner as to warrant

revocation of the designation; or

`(ii) the national security of the United States

warrants a revocation of the designation.

`(B) PROCEDURE- The procedural requirements of paragraphs

(2) through (4) shall apply to a revocation under this

paragraph.

`(7) EFFECT OF REVOCATION- The revocation of a designation

under paragraph (5) or (6) shall not affect any action or

proceeding based on conduct committed prior to the effective

date of such revocation.

`(8) USE OF DESIGNATION IN TRIAL OR HEARING- If a designation

under this subsection has become effective under paragraph

(1)(B), a defendant in a criminal action shall not be permitted

to raise any question concerning the validity of the issuance

of such designation as a defense or an objection at any trial

or hearing.

`(b) JUDICIAL REVIEW OF DESIGNATION-

`(1) IN GENERAL- Not later than 30 days after publication of

the designation in the Federal Register, an organization

designated as a foreign terrorist organization may seek

judicial review of the designation in the United States Court

of Appeals for the District of Columbia Circuit.

`(2) BASIS OF REVIEW- Review under this subsection shall be

based solely upon the administrative record, except that the

Government may submit, for ex parte and in camera review,

classified information used in making the designation.

`(3) SCOPE OF REVIEW- The Court shall hold unlawful and set

aside a designation the court finds to be--

`(A) arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law;

`(B) contrary to constitutional right, power, privilege,

or immunity; or

`(C) in excess of statutory jurisdiction, authority, or

limitation, or short of statutory right.

`(4) JUDICIAL REVIEW INVOKED- The pendency of an action for

judicial review of a designation shall not affect the

application of this section, unless the court issues a final

order setting aside the designation.

`(c) DEFINITIONS- As used in this section--

`(1) the term `classified information' has the meaning given

that term in section 1(a) of the Classified Information

Procedures Act (18 U.S.C. App.);

`(2) the term `national security' means the national defense,

foreign relations, or economic interests of the United States;

`(3) the term `relevant committees' means the Committees on

the Judiciary, Intelligence, and Foreign Relations of the

Senate and the Committees on the Judiciary, Intelligence, and

International Relations of the House of Representatives; and

`(4) the term `Secretary' means the Secretary of State, in

consultation with the Secretary of the Treasury and the

Attorney General.'.

(b) CLERICAL AMENDMENT- The table of contents for the Immigration

and Nationality Act, relating to terrorism, is amended by inserting

after the item relating to section 218 the following new item:

`Sec. 219. Designation of foreign terrorist organizations.'.

SEC. 303. 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. Providing material support or resources to designated

foreign terrorist organizations

`(a) PROHIBITED ACTIVITIES-

`(1) UNLAWFUL CONDUCT- Whoever, within the United States or

subject to the jurisdiction of the United States, knowingly

provides material support or resources to a foreign terrorist

organization, or attempts or conspires to do so, shall be fined

under this title or imprisoned not more than 10 years, or both.

`(2) FINANCIAL INSTITUTIONS- Except as authorized by the

Secretary, any financial institution that becomes aware that it

has possession of, or control over, any funds in which a

foreign terrorist organization, or its agent, 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 regulations issued by the Secretary.

`(b) CIVIL PENALTY- Any financial institution that knowingly

fails to comply with subsection (a)(2) shall be subject to a civil

penalty in an amount that is the greater of--

`(A) $50,000 per violation; or

`(B) twice the amount of which the financial institution

was required under subsection (a)(2) to retain possession

or control.

`(c) INJUNCTION- Whenever it appears to the Secretary or the

Attorney General that any person is engaged in, or is about to

engage in, any act that 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.

`(d) EXTRATERRITORIAL JURISDICTION- There is extraterritorial

Federal jurisdiction over an offense under this section.

`(e) INVESTIGATIONS-

`(1) IN GENERAL- The Attorney General shall conduct any

investigation of a possible violation of this section, or of

any license, order, or regulation issued pursuant to this

section.

`(2) COORDINATION WITH THE DEPARTMENT OF THE TREASURY- The

Attorney General shall work in coordination with the Secretary

in investigations relating to--

`(A) the compliance or noncompliance by a financial

institution with the requirements of subsection (a)(2); and

`(B) civil penalty proceedings authorized under

subsection (b).

`(3) REFERRAL- 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.

`(f) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS BROUGHT BY THE

UNITED STATES-

`(1) DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS-

`(A) REQUEST BY UNITED STATES- In any civil proceeding

under this section, upon request made ex parte and in

writing by the United States, a court, upon a sufficient

showing, may authorize the United States to--

`(i) redact 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;

`(ii) substitute a summary of the information for

such classified documents; or

`(iii) substitute a statement admitting relevant

facts that the classified information would tend to

prove.

`(B) ORDER GRANTING REQUEST- If the court enters an order

granting a request under this paragraph, the entire text of

the documents to which the request relates 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.

`(C) DENIAL OF REQUEST- If the court enters an order

denying a request of the United States under this

paragraph, the United States may take an immediate,

interlocutory appeal in accordance with paragraph (5). For

purposes of such an appeal, the entire text of the

documents to which the request relates, 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- To prevent unnecessary or inadvertent

disclosure of classified information in a civil proceeding

brought by the United States under this section, the United

States 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 items from which classified

information has been redacted.

`(ii) Stipulations admitting relevant facts that

specific classified information would tend to prove.

`(iii) A declassified summary of the specific

classified information.

`(B) DETERMINATION BY COURT- The court shall grant a

request under this paragraph if the court finds that the

redacted item, stipulation, or summary is sufficient to

allow the defendant to prepare a defense.

`(3) TAKING OF TRIAL TESTIMONY-

`(A) OBJECTION- During the examination of a witness in

any civil proceeding brought by the United States under

this subsection, 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.

`(B) ACTION BY COURT- In determining whether a response

is admissible, the court shall take precautions to guard

against the compromise of any classified information,

including--

`(i) 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

`(ii) requiring the defendant to provide the court

with a proffer of the nature of the information that

the defendant seeks to elicit.

`(C) OBLIGATION OF DEFENDANT- In any civil proceeding

under this section, it shall be the defendant's obligation

to establish the relevance and materiality of any

classified information sought to be introduced.

`(4) APPEAL- If the court enters an order denying a request

of the United States under this subsection, the United States

may take an immediate interlocutory appeal in accordance with

paragraph (5).

`(5) INTERLOCUTORY APPEAL-

`(A) SUBJECT OF APPEAL- 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) EXPEDITED CONSIDERATION-

`(i) IN GENERAL- An appeal taken pursuant to this

paragraph, either before or during trial, shall be

expedited by the court of appeals.

`(ii) APPEALS PRIOR TO TRIAL- If an appeal is of an

order made 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.

`(iii) APPEALS DURING TRIAL- If an appeal is taken

during trial, the trial court shall adjourn the trial

until the appeal is resolved, and 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) EFFECT OF RULING- An interlocutory appeal and

decision 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.

`(6) 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.

`(g) DEFINITIONS- As used in this section--

`(1) the term `classified information' has the meaning given

that term in section 1(a) of the Classified Information

Procedures Act (18 U.S.C. App.);

`(2) the term `financial institution' has the same meaning as

in section 5312(a)(2) of title 31, United States Code;

`(3) 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;

`(4) the term `material support or resources' has the same

meaning as in section 2339A;

`(5) the term `Secretary' means the Secretary of the

Treasury; and

`(6) the term `terrorist organization' means an organization

designated as a terrorist organization under section 219 of the

Immigration and Nationality Act.'.

(b) CLERICAL AMENDMENT TO TABLE OF SECTIONS- The table of

sections at the beginning of chapter 113B of title 18, United

States Code, is amended by adding at the end the following new item:

`2339B. Providing material support or resources to designated

foreign terrorist organizations.'.

(c) TECHNICAL AMENDMENT-

(1) NEW ITEM- Chapter 113B of title 18, United States Code,

relating to torture, is redesignated as chapter 113C.

(2) TABLE OF CHAPTERS- The table of chapters for part I of

title 18, United States Code, is amended by striking `113B.

Torture' and inserting `113C. Torture'.

SUBTITLE B--PROHIBITION ON ASSISTANCE TO TERRORIST STATES

SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

(a) IN GENERAL- Chapter 113B of title 18, United States Code,

relating to terrorism, is amended by inserting after the section

2332c added by section 521 of this Act the following new section:

`Sec. 2332d. Financial transactions

`(a) OFFENSE- Except as provided in regulations issued by the

Secretary of the Treasury, in consultation with the Secretary of

State, whoever, being a United States person, knowing or having

reasonable cause to know that a country is designated under section

6(j) of the Export Administration Act (50 U.S.C. App. 2405) as a

country supporting international terrorism, engages in a financial

transaction with the government of that country, shall be fined

under this title, imprisoned for not more than 10 years, or both.

`(b) DEFINITIONS- As used in this section--

`(1) the term `financial transaction' has the same meaning as

in section 1956(c)(4); and

`(2) the term `United States person' means any--

`(A) United States citizen or national;

`(B) permanent resident alien;

`(C) juridical person organized under the laws of the

United States; or

`(D) any person in the United States.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of

chapter 113B of title 18, United States Code, relating to

terrorism, is amended by inserting after the item added by section

521 of this Act the following new item:

`2332d. Financial transactions.'.

(c) EFFECTIVE DATE- The amendments made by this section shall

become effective 120 days after the date of enactment of this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

Section 44906 of title 49, United States Code, is amended to read

as follows:

`Sec. 44906. Foreign air carrier security programs

`The Administrator of the Federal Aviation Administration shall

continue in effect the requirement of section 129.25 of title 14,

Code of Federal Regulations, that a foreign air carrier must adopt

and use a security program approved by the Administrator. The

Administrator shall not approve a security program of a foreign air

carrier under section 129.25, or any successor regulation, unless

the security program requires the foreign air carrier in its

operations to and from airports in the United States to adhere to

the identical security measures that the Administrator requires air

carriers serving the same airports to adhere to. The foregoing

requirement shall not be interpreted to limit the ability of the

Administrator to impose additional security measures on a foreign

air carrier or an air carrier when the Administrator determines

that a specific threat warrants such additional measures. The

Administrator shall prescribe regulations to carry out this

section.'.

SEC. 323. MODIFICATION OF 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) OFFENSE- Whoever, 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, 81, 175, 351,

831, 842 (m) or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361,

1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b,

or 2340A of this title or section 46502 of title 49, or in

preparation for, or in carrying out, the concealment from the

commission of any such violation, shall be fined under this title,

imprisoned not more than 10 years, or both.

`(b) DEFINITION- In this section, the term `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, except medicine or religious materials.'.

SEC. 324. 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 counter terrorist 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. 325. 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) WITHHOLDING OF ASSISTANCE- The President shall withhold

assistance under this Act 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. 326. 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- The President shall withhold assistance

under this Act 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 section 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. 327. 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 use the voice and vote of the United States to

oppose 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. 328. 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. 329. 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. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT

FOR COUNTRIES NOT COOPERATING FULLY WITH UNITED

STATES ANTITERRORISM EFFORTS.

Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.)

is amended by adding at the end the following:

`SEC. 40A. TRANSACTIONS WITH COUNTRIES NOT FULLY COOPERATING WITH

UNITED STATES ANTITERRORISM EFFORTS-

`(a) PROHIBITED TRANSACTIONS- No defense article or defense

service may be sold or licensed for export under this Act in a

fiscal year to a foreign country that the President determines and

certifies to Congress, by May 15 of the calendar year in which that

fiscal year begins, is not cooperating fully with United States

antiterrorism efforts.

`(b) WAIVER- The President may waive the prohibition set forth in

subsection (a) with respect to a specific transaction if the

President determines that the transaction is important to the

national interests of the United States.'.

TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

SUBTITLE A--REMOVAL OF ALIEN TERRORISTS

SEC. 401. ALIEN TERRORIST REMOVAL.

(a) IN GENERAL- 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 in section 1(a) of the Classified Information Procedures Act

(18 U.S.C. App.);

`(3) the term `national security' has the same meaning as in

section 1(b) of the Classified Information Procedures Act (18

U.S.C. App.);

`(4) the term `removal court' means the court described in

section 502;

`(5) the term `removal hearing' means the hearing described

in section 504; and

`(6) the term `removal proceeding' means a proceeding under

this title.

`SEC. 502. ESTABLISHMENT OF REMOVAL COURT.

`(a) DESIGNATION OF JUDGES- The Chief Justice of the United

States shall publicly designate 5 district court judges from 5 of

the United States judicial circuits who shall constitute a court

that shall have jurisdiction to conduct all removal proceedings.

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)).

`(b) TERMS- Each judge designated under subsection (a) shall

serve for a term of 5 years and shall be eligible for

redesignation, except that of the members first designated--

`(1) 1 member shall serve for a term of 1 year;

`(2) 1 member shall serve for a term of 2 years;

`(3) 1 member shall serve for a term of 3 years; and

`(4) 1 member shall serve for a term of 4 years.

`(c) CHIEF JUDGE-

`(1) DESIGNATION- The Chief Justice shall publicly designate

one of the judges of the removal court to be the chief judge of

the removal court.

`(2) RESPONSIBILITIES- The chief judge shall--

`(A) promulgate rules to facilitate the functioning of

the removal court; and

`(B) assign the consideration of cases to the various

judges on the removal court.

`(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF PROCEEDINGS- The

provisions of section 103(c) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal

proceedings in the same manner as they apply to proceedings under

that Act.

`SEC. 503. REMOVAL COURT PROCEDURE.

`(a) APPLICATION-

`(1) IN GENERAL- In any case in which the Attorney General

has classified information that an alien is an alien terrorist,

the Attorney General may seek removal of the alien under this

title by filing an application with the removal court that

contains--

`(A) the identity of the attorney in the Department of

Justice making the application;

`(B) a certification by the Attorney General or the

Deputy Attorney General that the application satisfies the

criteria and requirements of this section;

`(C) the identity of the alien for whom authorization for

the removal proceeding is sought; and

`(D) a statement of the facts and circumstances relied on

by the Department of Justice to establish probable cause

that--

`(i) the alien is an alien terrorist;

`(ii) the alien is physically present in the United

States; and

`(iii) with respect to such alien, removal under

title II would pose a risk to the national security of

the United States.

`(2) FILING- An application under this section shall be

submitted ex parte and in camera, and shall be filed under seal

with the removal court.

`(b) RIGHT TO DISMISS- The Attorney General may dismiss a removal

action under this title at any stage of the proceeding.

`(c) CONSIDERATION OF APPLICATION-

`(1) BASIS FOR DECISION- In determining whether to grant an

application under this section, a single judge of the removal

court may consider, ex parte and in camera, in addition to the

information contained in the application--

`(A) other information, including classified information,

presented under oath or affirmation; and

`(B) testimony received in any hearing on the

application, of which a verbatim record shall be kept.

`(2) APPROVAL OF ORDER- The judge shall issue an order

granting the application, if the judge finds 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 terrorist present

in the United States; and

`(B) removal under title II would pose a risk to the

national security of the United States.

`(3) DENIAL OF ORDER- If the judge denies the order requested

in the application, the judge shall prepare a written statement

of the reasons for the denial, taking all necessary precautions

not to disclose any classified information contained in the

Government's application.

`(d) EXCLUSIVE PROVISIONS- If an order is issued under this

section granting an application, the rights of the alien regarding

removal and expulsion shall be governed solely by this title, and

except as they are specifically referenced in this title, no other

provisions of this Act shall be applicable.

`SEC. 504. REMOVAL HEARING.

`(a) IN GENERAL-

`(1) EXPEDITIOUS HEARING- In any case in which an application

for an order is approved under section 503(c)(2), a removal

hearing shall be conducted under this section as expeditiously

as practicable for the purpose of determining whether the alien

to whom the order pertains should be removed from the United

States on the grounds that the alien is an alien terrorist.

`(2) PUBLIC HEARING- The removal hearing shall be open to the

public.

`(b) NOTICE- An alien who is the subject of a removal hearing

under this title shall be given reasonable notice of--

`(1) the nature of the charges against the alien, including a

general account of the basis for the charges; and

`(2) the time and place at which the hearing will be held.

`(c) RIGHTS IN HEARING-

`(1) RIGHT OF COUNSEL- The alien shall have a right to be

present at such hearing and to be represented by counsel. Any

alien financially unable to obtain counsel shall be entitled to

have counsel assigned to represent the alien. Such counsel

shall be appointed by the judge pursuant to the plan for

furnishing representation for any person financially unable to

obtain adequate representation for the district in which the

hearing is conducted, as provided for in section 3006A of title

18, United States Code. All provisions of that section shall

apply and, for purposes of determining the maximum amount of

compensation, the matter shall be treated as if a felony was

charged.

`(2) INTRODUCTION OF EVIDENCE- Subject to the limitations in

subsection (e), the alien shall have a reasonable opportunity

to introduce evidence on the alien's own behalf.

`(3) EXAMINATION OF WITNESSES- Subject to the limitations in

subsection (e), the alien shall have a reasonable opportunity

to examine the evidence against the alien and to cross-examine

any witness.

`(4) RECORD- A verbatim record of the proceedings and of all

testimony and evidence offered or produced at such a hearing

shall be kept.

`(5) REMOVAL DECISION BASED ON EVIDENCE AT HEARING- The

decision of the judge regarding removal shall be based only on

that evidence introduced at the removal hearing.

`(d) SUBPOENAS-

`(1) REQUEST- At any time prior to the conclusion of the

removal hearing, either the alien or the Department of Justice

may request the judge to issue a subpoena for the presence of a

named witness (which subpoena may also command the person to

whom it is directed to produce books, papers, documents, or

other objects designated therein) upon a satisfactory showing

that the presence of the witness is necessary for the

determination of any material matter. Such a request may be

made ex parte except that the judge shall inform the Department

of Justice of any request for a subpoena by the alien for a

witness or material if compliance with such a subpoena would

reveal classified evidence or the source of that evidence. The

Department of Justice shall be given a reasonable opportunity

to oppose the issuance of such a subpoena.

`(2) PAYMENT FOR ATTENDANCE- If an application for a subpoena

by the alien also makes a showing that the alien is financially

unable to pay for the attendance of a witness so requested, the

court may order the costs incurred by the process and the fees

of the witness so subpoenaed to be paid from funds appropriated

for the enforcement of title II.

`(3) NATIONWIDE SERVICE- A subpoena under this subsection may

be served anywhere in the United States.

`(4) WITNESS FEES- A witness subpoenaed under this subsection

shall receive the same fees and expenses as a witness

subpoenaed in connection with a civil proceeding in a court of

the United States.

`(5) NO ACCESS TO CLASSIFIED INFORMATION- Nothing in this

subsection is intended to allow an alien to have access to

classified information.

`(e) DISCOVERY-

`(1) IN GENERAL- For purposes of this title--

`(A) discovery of information derived pursuant to the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1801 et seq.), or otherwise collected for national security

purposes, shall not be authorized if disclosure would

present a risk to the national security of the United States;

`(B) an alien subject to removal under this title shall

not be entitled to suppress evidence that the alien alleges

was unlawfully obtained; and

`(C) section 3504 of title 18, United States Code, and

section 1806(c) of title 50, United States Code, shall not

apply 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 or otherwise threaten the integrity of a

pending investigation.

`(2) PROTECTIVE ORDERS- Nothing in this title shall prevent

the United States from seeking protective orders and from

asserting privileges ordinarily available to the United States

to protect against the disclosure of classified information,

including the invocation of the military and State secrets

privileges.

`(3) TREATMENT OF CLASSIFIED INFORMATION-

`(A) USE- The judge shall examine, ex parte and in

camera, any evidence for which the Attorney General

determines that public disclosure would pose a risk to the

national security of the United States or to the security

of any individual because it would disclose classified

information.

`(B) SUBMISSION- With respect to such information, the

Government shall submit to the removal court an

unclassified summary of the specific evidence that does not

pose that risk.

`(C) APPROVAL- Not later than 15 days after submission,

the judge shall approve the summary if the judge finds that

it is sufficient to enable the alien to prepare a defense.

The Government shall deliver to the alien a copy of the

unclassified summary approved under this subparagraph.

`(D) DISAPPROVAL-

`(i) IN GENERAL- If an unclassified summary is not

approved by the removal court under subparagraph (C),

the Government shall be afforded 15 days to correct the

deficiencies identified by the court and submit a

revised unclassified summary.

`(ii) REVISED SUMMARY- If the revised unclassified

summary is not approved by the court within 15 days of

its submission pursuant to subparagraph (C), the

removal hearing shall be terminated.

`(f) ARGUMENTS- Following the receipt of evidence, the Government

and the alien shall be given fair opportunity to present argument

as to whether the evidence is sufficient to justify the removal of

the alien. The Government shall open the argument. The alien shall

be permitted to reply. The Government shall then be permitted to

reply in rebuttal.

`(g) BURDEN OF PROOF- In the hearing, it is the Government's

burden to prove, by the preponderance of the evidence, that the

alien is subject to removal because the alien is an alien terrorist.

`(h) RULES OF EVIDENCE- The Federal Rules of Evidence shall not

apply in a removal hearing.

`(i) DETERMINATION OF DEPORTATION- If the judge, after

considering the evidence on the record as a whole, finds that the

Government has met its burden, the judge shall order the alien

removed and detained pending removal from the United States. If the

alien was released pending the removal hearing, the judge shall

order the Attorney General to take the alien into custody.

`(j) WRITTEN ORDER- At the time of issuing a decision as to

whether the alien shall be removed, the judge shall prepare a

written order containing a statement of facts found and conclusions

of law.

`(k) NO RIGHT TO ANCILLARY RELIEF- At no time shall the judge

consider or provide for relief from removal based on--

`(1) asylum under section 208;

`(2) withholding of deportation under section 243(h);

`(3) suspension of deportation under subsection (a) or (e) of

section 244;

`(4) adjustment of status under section 245; or

`(5) registry under section 249.

`SEC. 505. APPEALS.

`(a) APPEAL OF DENIAL OF APPLICATION FOR REMOVAL PROCEEDINGS-

`(1) IN GENERAL- The Attorney General may seek a review of

the denial of an order sought in an application filed pursuant

to section 503. The appeal shall be filed in the United States

Court of Appeals for the District of Columbia Circuit by notice

of appeal filed not later than 20 days after the date of such

denial.

`(2) RECORD ON APPEAL- The entire record of the proceeding

shall be transmitted to the Court of Appeals under seal, and

the Court of Appeals shall hear the matter ex parte.

`(3) STANDARD OF REVIEW- The Court of Appeals shall--

`(A) review questions of law de novo; and

`(B) set aside a finding of fact only if such finding was

clearly erroneous.

`(b) APPEAL OF DETERMINATION REGARDING SUMMARY OF CLASSIFIED

INFORMATION-

`(1) IN GENERAL- The United States may take an interlocutory

appeal to the United States Court of Appeals for the District

of Columbia Circuit of--

`(A) any determination by the judge pursuant to section

504(e)(3); or

`(B) the refusal of the court to make the findings

permitted by section 504(e)(3).

`(2) RECORD- In any interlocutory appeal taken pursuant to

this subsection, the entire record, including any proposed

order of the judge, any classified information and the summary

of evidence, shall be transmitted to the Court of Appeals. The

classified information shall be transmitted under seal. A

verbatim record of such appeal shall be kept under seal in the

event of any other judicial review.

`(c) APPEAL OF DECISION IN HEARING-

`(1) IN GENERAL- The decision of the judge after a removal

hearing may be appealed by either the alien or the Attorney

General to the United States Court of Appeals for the District

of Columbia Circuit by notice of appeal filed not later than 20

days after the date on which the order is issued. The order

shall not be enforced during the pendency of an appeal under

this subsection.

`(2) TRANSMITTAL OF RECORD- In an appeal or review to the

Court of Appeals pursuant to this subsection--

`(A) the entire record shall be transmitted to the Court

of Appeals; and

`(B) information received in camera and ex parte, and any

portion of the order that would reveal the substance or

source of such information, shall be transmitted under seal.

`(3) EXPEDITED APPELLATE PROCEEDING- In an appeal or review

to the Court of Appeals under this subsection--

`(A) the appeal or review shall be heard as expeditiously

as practicable and the court may dispense with full

briefing and hear the matter solely on the record of the

judge of the removal court and on such briefs or motions as

the court may require to be filed by the parties;

`(B) the Court of Appeals shall issue an opinion not

later than 60 days after the date of the issuance of the

final order of the district court;

`(C) the court shall review all questions of law de novo;

and

`(D) a finding of fact shall be accorded deference by the

reviewing court and shall not be set aside unless such

finding was clearly erroneous.

`(d) CERTIORARI- Following a decision by the Court of Appeals

pursuant to subsection (c), the alien or the Attorney General may

petition the Supreme Court for a writ of certiorari. In any such

case, any information transmitted to the Court of Appeals under

seal shall, if such information is also submitted to the Supreme

Court, be transmitted under seal. Any order of removal shall not be

stayed pending disposition of a writ of certiorari, except as

provided by the Court of Appeals or a Justice of the Supreme Court.

`(e) APPEAL OF DETENTION ORDER-

`(1) IN GENERAL- 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 section 507(b)(1) applies. In applying the

previous sentence--

`(A) for purposes of section 3145 of such title an appeal

shall be taken to the United States Court of Appeals for

the District of Columbia Circuit; and

`(B) for purposes of section 3146 of such title the alien

shall be considered released in connection with a charge of

an offense punishable by life imprisonment.

`(2) NO REVIEW OF CONTINUED DETENTION- The determinations and

actions of the Attorney General pursuant to section

507(b)(2)(C) shall not be subject to judicial review, including

application for a writ of habeas corpus, except for a claim by

the alien that continued detention violates the alien's rights

under the Constitution. Jurisdiction over any such challenge

shall lie exclusively in the United States Court of Appeals for

the District of Columbia Circuit.

`SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.

`(a) UPON FILING APPLICATION-

`(1) IN GENERAL- Subject to paragraphs (2) and (3), the

Attorney General may--

`(A) take into custody any alien with respect to whom an

application under section 503 has been filed; and

`(B) retain such an alien in custody in accordance with

the procedures authorized by this title.

`(2) SPECIAL RULES FOR PERMANENT RESIDENT ALIENS-

`(A) RELEASE HEARING- An alien lawfully admitted for

permanent residence shall be entitled to a release hearing

before the judge assigned to hear the removal hearing. Such

an alien shall be detained pending the removal hearing,

unless the alien demonstrates to the court that the alien--

`(i) is a person lawfully admitted for permanent

residence in the United States;

`(ii) if released upon such terms and conditions as

the court may prescribe (including the posting of any

monetary amount), is not likely to flee; and

`(iii) will not endanger national security, or the

safety of any person or the community, if released.

`(B) INFORMATION CONSIDERED- The judge may consider

classified information submitted in camera and ex parte in

making a determination whether to release an alien pending

the removal hearing.

`(3) RELEASE IF ORDER DENIED AND NO REVIEW SOUGHT-

`(A) IN GENERAL- Subject to subparagraph (B), if a judge

of the removal court denies the order sought in an

application filed pursuant to section 503, and the Attorney

General does not seek review of such denial, the alien

shall be released from custody.

`(B) APPLICATION OF REGULAR PROCEDURES- Subparagraph (A)

shall not prevent the arrest and detention of the alien

pursuant to title II.

`(b) CONDITIONAL RELEASE IF ORDER DENIED AND REVIEW SOUGHT-

`(1) IN GENERAL- If a judge of the removal court denies the

order sought in an application filed pursuant to section 503

and the Attorney General seeks review of such denial, 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 clauses (i) through (xiv) of

section 3142(c)(1)(B) of title 18, United States Code, that--

`(A) will reasonably assure the appearance of the alien

at any future proceeding pursuant to this title; and

`(B) will not endanger the safety of any other person or

the community.

`(2) NO RELEASE FOR CERTAIN ALIENS- If the judge finds no

such condition or combination of conditions, as described in

paragraph (1), the alien shall remain in custody until the

completion of any appeal authorized by this title.

`SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.

`(a) RELEASE-

`(1) IN GENERAL- Subject to paragraph (2), if the judge

decides that an alien should not be removed, the alien shall be

released from custody.

`(2) CUSTODY PENDING APPEAL- If the Attorney General takes an

appeal from such decision, the alien shall remain in custody,

subject to the provisions of section 3142 of title 18, United

States Code.

`(b) CUSTODY AND REMOVAL-

`(1) CUSTODY- If the judge decides that an alien shall be

removed, the alien shall be detained pending the outcome of any

appeal. After the conclusion of any judicial review thereof

which affirms the removal order, the Attorney General shall

retain the alien in custody and remove the alien to a country

specified under paragraph (2).

`(2) REMOVAL-

`(A) IN GENERAL- The removal of an alien shall be to any

country which the alien shall designate if such designation

does not, in the judgment of the Attorney General, in

consultation with the Secretary of State, impair the

obligation of the United States under any treaty (including

a treaty pertaining to extradition) or otherwise adversely

affect the foreign policy of the United States.

`(B) ALTERNATE COUNTRIES- If the alien refuses to

designate a country to which the alien wishes to be removed

or if the Attorney General, in consultation with the

Secretary of State, determines that removal of the alien to

the country so designated would impair a treaty obligation

or adversely affect United States foreign policy, the

Attorney General shall cause the alien to be removed to any

country willing to receive such alien.

`(C) CONTINUED DETENTION- If no country is willing to

receive such an alien, the Attorney General may,

notwithstanding any other provision of law, retain the

alien in custody. The Attorney General, in coordination

with the Secretary of State, shall make periodic efforts to

reach agreement with other countries to accept such an

alien and at least every 6 months shall provide to the

attorney representing the alien at the removal hearing a

written report on the Attorney General's efforts. Any alien

in custody pursuant to this subparagraph shall be released

from custody solely at the discretion of the Attorney

General and subject to such conditions as the Attorney

General shall deem appropriate.

`(D) FINGERPRINTING- Before an alien is removed from the

United States pursuant to this subsection, or pursuant to

an order of exclusion because such alien is excludable

under section 212(a)(3)(B), the alien shall be photographed

and fingerprinted, and shall be advised of the provisions

of section 276(b).

`(c) CONTINUED DETENTION PENDING TRIAL-

`(1) DELAY IN REMOVAL- The Attorney General may hold in

abeyance the removal of an alien who has been ordered removed,

pursuant to this title, to allow the trial of such alien on any

Federal or State criminal charge and the service of any

sentence of confinement resulting from such a trial.

`(2) MAINTENANCE OF CUSTODY- Pending the commencement of any

service of a sentence of confinement by an alien described in

paragraph (1), such an alien shall remain in the custody of the

Attorney General, unless the Attorney General determines that

temporary release of the alien to the custody of State

authorities for confinement in a State facility is appropriate

and would not endanger national security or public safety.

`(3) SUBSEQUENT REMOVAL- Following the completion of a

sentence of confinement by an alien described in paragraph (1),

or following the completion of State criminal proceedings which

do not result in a sentence of confinement of an alien released

to the custody of State authorities pursuant to paragraph (2),

such an alien shall be returned to the custody of the Attorney

General who shall proceed to the removal of the alien under

this title.

`(d) APPLICATION OF CERTAIN PROVISIONS RELATING TO ESCAPE OF

PRISONERS- For purposes of sections 751 and 752 of title 18, United

States Code, an alien in the custody of the Attorney General

pursuant to this title shall be subject to the penalties provided

by those sections in relation to a person committed to the custody

of the Attorney General by virtue of an arrest on a charge of a

felony.

`(e) RIGHTS OF ALIENS IN CUSTODY-

`(1) FAMILY AND ATTORNEY VISITS- An alien in the custody of

the Attorney General pursuant to this title shall be given

reasonable opportunity, as determined by the Attorney General,

to communicate with and receive visits from members of the

alien's family, and to contact, retain, and communicate with an

attorney.

`(2) DIPLOMATIC CONTACT- An alien in the custody of the

Attorney General pursuant to this title shall have the right to

contact an appropriate diplomatic or consular official of the

alien's country of citizenship or nationality or of any country

providing representation services therefore. The Attorney

General shall notify the appropriate embassy, mission, or

consular office of the alien's detention.'.

(b) JURISDICTION OVER EXCLUSION ORDERS FOR ALIEN TERRORISTS-

Section 106(b) of the Immigration and Nationality Act (8 U.S.C.

1105a(b)) is amended by adding at the end the following sentence:

`Jurisdiction to review an order entered pursuant to the provisions

of section 235(c) concerning an alien excludable under section

212(a)(3)(B) shall rest exclusively in the United States Court of

Appeals for the District of Columbia Circuit.'.

(c) CRIMINAL PENALTY FOR REENTRY OF ALIEN TERRORISTS- Section

276(b) of such Act (8 U.S.C. 1326(b)) is amended--

(1) by striking `or' at the end of paragraph (1),

(2) by striking the period at the end of paragraph (2) and

inserting `; or', and

(3) by inserting after paragraph (2) the following new

paragraph:

`(3) who has been excluded from the United States pursuant to

section 235(c) because the alien was excludable under section

212(a)(3)(B) or who has been removed from the United States

pursuant to the provisions of title V, and who thereafter,

without the permission of the Attorney General, enters the

United States, or attempts to do so, shall be fined under title

18, United States Code, and imprisoned for a period of 10

years, which sentence shall not run concurrently with any other

sentence.'.

(d) 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

`Sec. 501. Definitions.

`Sec. 502. Establishment of removal court.

`Sec. 503. Removal court procedure.

`Sec. 504. Removal hearing.

`Sec. 505. Appeals.

`Sec. 506. Custody and release pending removal hearing.

`Sec. 507. Custody and release after removal hearing.'.

(e) ELIMINATION OF CUSTODY REVIEW BY HABEAS CORPUS- Section

106(a) of the Immigration and Nationality Act (8 U.S.C. 1105a(a))

is amended--

(1) in paragraph (8), by adding `and' at the end;

(2) in paragraph (9), by striking `; and' at the end and

inserting a period; and

(3) by striking paragraph (10).

(f) EFFECTIVE DATE- The amendments made by this section shall

take effect on the date of enactment of this Act and shall apply to

all aliens without regard to the date of entry or attempted entry

into the United States.

SUBTITLE B--EXCLUSION OF MEMBERS AND REPRESENTATIVES OF TERRORIST

ORGANIZATIONS

SEC. 411. EXCLUSION OF ALIEN TERRORISTS.

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) in subclause (I), by striking `or' at the end;

(B) in subclause (II), by inserting `is engaged in or'

after `believe,'; and

(C) by inserting after subclause (II) the following:

`(III) is a representative (as defined in clause (iv)) of a

foreign terrorist organization, as designated by the Secretary

under section 219, or

`(IV) is a member of a foreign terrorist organization, as

designated by the Secretary under section 219,'; and

(2) by adding at the end the following:

`(iv) REPRESENTATIVE DEFINED- As used in this

paragraph, the term `representative' includes an

officer, official, or spokesman of an organization, and

any person who directs, counsels, commands, or induces

an organization or its members to engage in terrorist

activity.'.

SEC. 412. 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, and indenting each new subparagraph

2 ems to the right;

(2) by striking `If' and inserting `(1) Subject to paragraphs

(2) and (3), if'; and

(3) by adding at the end the following new paragraphs:

`(2) The Secretary of State may waive the requirements of

paragraph (1) with respect to a particular alien or any class

or classes of excludable aliens.

`(3) Paragraph (1) does not apply to any alien excludable

under paragraph (2) or (3) of subsection (a).'.

SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

(a) WITHHOLDING OF DEPORTATION- Section 243(h)(2) of the

Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by

adding at the end the following new sentence: `For purposes of

subparagraph (D), an alien who is described in section 241(a)(4)(B)

shall be considered to be an alien for whom there are reasonable

grounds for regarding as a danger to the security of the United

States.'.

(b) SUSPENSION OF DEPORTATION- Section 244(a) of such Act (8

U.S.C. 1254(a)) is amended by striking `section 241(a)(4)(D)' and

inserting `subparagraph (B) or (D) of section 241(a)(4)'.

(c) VOLUNTARY DEPARTURE- Section 244(e)(2) of such Act (8 U.S.C.

1254(e)(2)) is amended by inserting `under section 241(a)(4)(B) or'

after `who is deportable'.

(d) ADJUSTMENT OF STATUS- Section 245(c) of such Act (8 U.S.C.

1255(c)) is amended--

(1) by striking `or' before `(5)', and

(2) by inserting before the period at the end the following:

`, or (6) an alien who is deportable under section 241(a)(4)(B)'.

(e) REGISTRY- Section 249(d) of such Act (8 U.S.C. 1259(d)) is

amended by inserting `and is not deportable under section

241(a)(4)(B)' after `ineligible to citizenship'.

(f) WAIVER- Section 243(h) of such Act (8 U.S.C. 1253(h)) is

amended by adding at the end the following:

`(3) Notwithstanding any other provision of law, paragraph (1)

shall apply to any alien if the Attorney General determines, in the

discretion of the Attorney General, that--

`(A) such alien's life or freedom would be threatened, in the

country to which such alien would be deported or returned, on

account of race, religion, nationality, membership in a

particular social group, or political opinion; and

`(B) the application of paragraph (1) to such alien is

necessary to ensure compliance with the 1967 United Nations

Protocol Relating to the Status of Refugees.'.

(g) EFFECTIVE DATE- The amendments made by this section shall

take effect on the date of the enactment of this Act and shall

apply to applications filed before, on, or after such date if final

action has not been taken on them before such date.

SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND

ADMITTED.

(a) IN GENERAL- Section 241 of the Immigration and Nationality

Act (8 U.S.C. 1251) is amended by adding at the end the following

new subsection:

`(d) Notwithstanding any other provision of this title, an alien

found in the United States who has not been admitted to the United

States after inspection in accordance with section 235 is deemed

for purposes of this Act to be seeking entry and admission to the

United States and shall be subject to examination and exclusion by

the Attorney General under chapter 4. In the case of such an alien

the Attorney General shall provide by regulation an opportunity for

the alien to establish that the alien was so admitted.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall

take effect on the first day of the first month beginning more than

180 days after the date of the enactment of this Act.

SUBTITLE C--MODIFICATION TO ASYLUM PROCEDURES

SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

(a) IN GENERAL- Section 208(a) of the Immigration and Nationality

Act (8 U.S.C. 1158(a)) is amended by adding at the end the

following: `The Attorney General may not grant an alien asylum if

the Attorney General determines that the alien is excludable under

subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or

deportable under section 241(a)(4)(B), unless the Attorney General

determines, in the discretion of the Attorney General, that there

are not reasonable grounds for regarding the alien as a danger to

the security of the United States.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall

take effect on the date of the enactment of this Act and apply to

asylum determinations made on or after such date.

SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

(a) IN GENERAL- Subsection (b) of section 235 of the Immigration

and Nationality Act (8 U.S.C. 1225) is amended to read as follows:

`(b)(1)(A) If the examining immigration officer determines that

an alien seeking entry--

`(i) is excludable under section 212(a)(6)(C) or 212(a)(7), and

`(ii) does not indicate either an intention to apply for

asylum under section 208 or a fear of persecution,

the officer shall order the alien excluded from the United States

without further hearing or review.

`(B) The examining immigration officer shall refer for an

interview by an asylum officer under subparagraph (C) any alien who

is excludable under section 212(a)(6)(C) or 212(a)(7) and has

indicated an intention to apply for asylum under section 208 or a

fear of persecution.

`(C)(i) An asylum officer shall promptly conduct interviews of

aliens referred under subparagraph (B).

`(ii) If the officer determines at the time of the interview that

an alien has a credible fear of persecution (as defined in clause

(v)), the alien shall be detained for an asylum hearing before an

asylum officer under section 208.

`(iii)(I) Subject to subclause (II), if the officer determines

that the alien does not have a credible fear of persecution, the

officer shall order the alien excluded from the United States

without further hearing or review.

`(II) The Attorney General shall promulgate regulations to

provide for the immediate review by a supervisory asylum office at

the port of entry of a determination under subclause (I).

`(iv) The Attorney General shall provide information concerning

the asylum interview described in this subparagraph to aliens who

may be eligible. An alien who is eligible for such interview may

consult with a person or persons of the alien's choosing prior to

the interview or any review thereof, according to regulations

prescribed by the Attorney General. Such consultation shall be at

no expense to the Government and shall not delay the process.

`(v) For purposes of this subparagraph, the term `credible fear

of persecution' means (I) that it is more probable than not that

the statements made by the alien in support of the alien's claim

are true, and (II) that there is a significant possibility, in

light of such statements and of such other facts as are known to

the officer, that the alien could establish eligibility for asylum

under section 208.

`(D) As used in this paragraph, the term `asylum officer' means

an immigration officer who--

`(i) has had professional training in country conditions,

asylum law, and interview techniques; and

`(ii) is supervised by an officer who meets the condition in

clause (i).

`(E)(i) An exclusion order entered in accordance with

subparagraph (A) is not subject to administrative appeal, except

that the Attorney General shall provide by regulation for prompt

review of such an order against an alien who claims under oath, or

as permitted under penalty of perjury under section 1746 of title

28, United States Code, after having been warned of the penalties

for falsely making such claim under such conditions, to have been

lawfully admitted for permanent residence.

`(ii) In any action brought against an alien under section 275(a)

or section 276, the court shall not have jurisdiction to hear any

claim attacking the validity of an order of exclusion entered under

subparagraph (A).

`(2)(A) Except as provided in subparagraph (B), if the examining

immigration officer determines that an alien seeking entry is not

clearly and beyond a doubt entitled to enter, the alien shall be

detained for a hearing before a special inquiry officer.

`(B) The provisions of subparagraph (A) shall not apply--

`(i) to an alien crewman,

`(ii) to an alien described in paragraph (1)(A) or

(1)(C)(iii)(I), or

`(iii) if the conditions described in section 273(d) exist.

`(3) The decision of the examining immigration officer, if

favorable to the admission of any alien, shall be subject to

challenge by any other immigration officer and such challenge shall

operate to take the alien whose privilege to enter is so

challenged, before a special inquiry officer for a hearing on

exclusion of the alien.'.

(b) CONFORMING AMENDMENT- Section 237(a) of such Act (8 U.S.C.

1227(a)) is amended--

(1) in the second sentence of paragraph (1), by striking

`Deportation' and inserting `Subject to section 235(b)(1),

deportation', and

(2) in the first sentence of paragraph (2), by striking `If'

and inserting `Subject to section 235(b)(1), if'.

(c) EFFECTIVE DATE- The amendments made by this section shall

take effect on the first day of the first month that begins more

than 180 days after the date of the enactment of this Act.

SEC. 423. JUDICIAL REVIEW.

(a) PRECLUSION OF JUDICIAL REVIEW- Section 106 of the Immigration

and Nationality Act (8 U.S.C. 1105a) is amended--

(1) by amending the section heading to read as follows:

`JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION, AND

SPECIAL EXCLUSION'; AND

(2) by adding at the end the following new subsection:

`(e)(1) Notwithstanding any other provision of law, and except as

provided in this subsection, no court shall have jurisdiction to

review any individual determination, or to entertain any other

cause or claim, arising from or relating to the implementation or

operation of section 235(b)(1). Regardless of the nature of the

action or claim, or the party or parties bringing the action, no

court shall have jurisdiction or authority to enter declaratory,

injunctive, or other equitable relief not specifically authorized

in this subsection nor to certify a class under Rule 23 of the

Federal Rules of Civil Procedure.

`(2) Judicial review of any cause, claim, or individual

determination covered under paragraph (1) shall only be available

in habeas corpus proceedings, and shall be limited to

determinations of--

`(A) whether the petitioner is an alien, if the petitioner

makes a showing that the petitioner's claim of United States

nationality is not frivolous;

`(B) whether the petitioner was ordered specially excluded

under section 235(b)(1)(A); and

`(C) whether the petitioner can prove by a preponderance of

the evidence that the petitioner is an alien lawfully admitted

for permanent residence and is entitled to such review as is

provided by the Attorney General pursuant to section

235(b)(1)(E)(i).

`(3) In any case where the court determines that an alien was not

ordered specially excluded, or was not properly subject to special

exclusion under the regulations adopted by the Attorney General,

the court may order no relief beyond requiring that the alien

receive a hearing in accordance with section 236, or a

determination in accordance with section 235(c) or 273(d).

`(4) In determining whether an alien has been ordered specially

excluded, the court's inquiry shall be limited to whether such an

order was in fact issued and whether it relates to the petitioner.'.

(b) PRECLUSION OF COLLATERAL ATTACKS- Section 235 of such Act (8

U.S.C. 1225) is amended by adding at the end the following new

subsection:

`(d) In any action brought for the assessment of penalties for

improper entry or re-entry of an alien under section 275 or section

276, no court shall have jurisdiction to hear claims collaterally

attacking the validity of orders of exclusion, special exclusion,

or deportation entered under this section or sections 236 and 242.'.

(c) CLERICAL AMENDMENT- The item relating to section 106 in the

table of contents of such Act is amended to read as follows:

`Sec. 106. Judicial review of orders of deportation and exclusion,

and special exclusion.'.

SUBTITLE D--CRIMINAL ALIEN PROCEDURAL IMPROVEMENTS

SEC. 431. 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.'.

SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

Section 130002(a) of the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103-322) is amended to read as

follows:

`(a) OPERATION AND PURPOSE- The Commissioner of Immigration and

Naturalization shall, under the authority of section 242(a)(3)(A)

of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)),

operate a criminal alien identification system. The criminal alien

identification system shall be used to assist Federal, State, and

local law enforcement agencies in identifying and locating aliens

who may be subject to deportation by reason of their conviction of

aggravated felonies.'.

SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS

RICO-PREDICATE OFFENSES.

Section 1961(1) of title 18, United States Code, is amended--

(1) by inserting `section 1028 (relating to fraud and related

activity in connection with identification documents) if the

act indictable under section 1028 was committed for the purpose

of financial gain,' before `section 1029';

(2) by inserting `section 1542 (relating to false statement

in application and use of passport) if the act indictable under

section 1542 was committed for the purpose of financial gain,

section 1543 (relating to forgery or false use of passport) if

the act indictable under section 1543 was committed for the

purpose of financial gain, section 1544 (relating to misuse of

passport) if the act indictable under section 1544 was

committed for the purpose of financial gain, section 1546

(relating to fraud and misuse of visas, permits, and other

documents) if the act indictable under section 1546 was

committed for the purpose of financial gain, sections 1581-1588

(relating to peonage and slavery),' after `section 1513

(relating to retaliating against a witness, victim, or an

informant),';

(3) by striking `or' before `(E)'; and

(4) by inserting before the period at the end the following:

`, or (F) any act which is indictable under the Immigration and

Nationality Act, section 274 (relating to bringing in and

harboring certain aliens), section 277 (relating to aiding or

assisting certain aliens to enter the United States), or

section 278 (relating to importation of alien for immoral

purpose) if the act indictable under such section of such Act

was committed for the purpose of financial gain'.

SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

Section 2516(1) of title 18, United States Code, is amended--

(1) by striking `and' at the end of paragraph (n),

(2) by redesignating paragraph (o) as paragraph (p), and

(3) by inserting after paragraph (n) the following new

paragraph:

`(o) a felony violation of section 1028 (relating to

production of false identification documents), section 1542

(relating to false statements in passport applications),

section 1546 (relating to fraud and misuse of visas, permits,

and other documents) of this title or a violation of section

274, 277, or 278 of the Immigration and Nationality Act

(relating to the smuggling of aliens); or'.

SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL

TURPITUDE.

(a) IN GENERAL- Section 241(a)(2)(A)(i)(II) of the Immigration

and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to

read as follows:

`(II) is convicted of a crime for which a sentence of one year or

longer may be imposed,'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall

apply to aliens against whom deportation proceedings are initiated

after the date of the enactment of this Act.

SEC. 436. MISCELLANEOUS PROVISIONS.

(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTATION

HEARINGS- The second sentence of section 242(b) of the Immigration

and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting

before the period the following: `; except that nothing in this

subsection shall preclude the Attorney General from authorizing

proceedings by electronic or telephonic media (with the consent of

the alien) or, where waived or agreed to by the parties, in the

absence of the alien'.

(b) CODIFICATION-

(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended

by adding at the end the following: `Nothing in this subsection

shall be construed to create any substantive or procedural

right or benefit that is legally enforceable by any party

against the United States or its agencies or officers or any

other person.'.

(2) Section 225 of the Immigration and Nationality Technical

Corrections Act of 1994 (Public Law 103-416) is amended by

striking `and nothing in' and all that follows through

`1252(i))'.

(3) The amendments made by this subsection shall take effect

as if included in the enactment of the Immigration and

Nationality Technical Corrections Act of 1994 (Public Law

103-416).

SEC. 437. INTERIOR REPATRIATION PROGRAM.

Not later than 180 days after the date of enactment of this Act,

the Attorney General and the Commissioner of Immigration and

Naturalization shall develop and implement a program in which

aliens who previously have illegally entered the United States not

less than 3 times and are deported or returned to a country

contiguous to the United States will be returned to locations not

less than 500 kilometers from that country's border with the United

States.

SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION

OF SENTENCE OF IMPRISONMENT.

(a) IN GENERAL- Section 242(h) of the Immigration and Nationality

Act (8 U.S.C. 1252(h)) is amended to read as follows:

`(h)(1) Except as provided in paragraph (2), an alien sentenced

to imprisonment may not be deported until such imprisonment has

been terminated by the release of the alien from confinement.

Parole, supervised release, probation, or possibility of rearrest

or further confinement in respect of the same offense shall not be

a ground for deferral of deportation.

`(2) The Attorney General is authorized to deport an alien in

accordance with applicable procedures under this Act prior to the

completion of a sentence of imprisonment--

`(A) in the case of an alien in the custody of the Attorney

General, if the Attorney General determines that (i) the alien

is confined pursuant to a final conviction for a nonviolent

offense (other than alien smuggling), and (ii) such deportation

of the alien is appropriate and in the best interest of the

United States; or

`(B) in the case of an alien in the custody of a State (or a

political subdivision of a State), if the chief State official

exercising authority with respect to the incarceration of the

alien determines that (i) the alien is confined pursuant to a

final conviction for a nonviolent offense (other than alien

smuggling), (ii) such deportation is appropriate and in the

best interest of the State, and (iii) submits a written request

to the Attorney General that such alien be so deported.

`(3) Any alien deported pursuant to this subsection shall be

notified of the penalties under the laws of the United States

relating to the reentry of deported aliens, particularly the

expanded penalties for aliens deported under paragraph (2).'.

(b) REENTRY OF ALIEN DEPORTED PRIOR TO COMPLETION OF TERM OF

IMPRISONMENT- Section 276 of the Immigration and Nationality Act (8

U.S.C. 1326) is amended by adding at the end the following new

subsection:

`(c) Any alien deported pursuant to section 242(h)(2) who enters,

attempts to enter, or is at any time found in, the United States

(unless the Attorney General has expressly consented to such

alien's reentry) shall be incarcerated for the remainder of the

sentence of imprisonment which was pending at the time of

deportation without any reduction for parole or supervised release.

Such alien shall be subject to such other penalties relating to the

reentry of deported aliens as may be available under this section

or any other provision of law.'.

SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO

ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.

(a) IN GENERAL- Notwithstanding any other provision of law, to

the extent permitted by relevant State and local law, State and

local law enforcement officials are authorized to arrest and detain

an individual who--

(1) is an alien illegally present in the United States; and

(2) has previously been convicted of a felony in the United

States and deported or left the United States after such

conviction,

but only after the State or local law enforcement officials obtain

appropriate confirmation from the Immigration and Naturalization

Service of the status of such individual and only for such period

of time as may be required for the Service to take the individual

into Federal custody for purposes of deporting or removing the

alien from the United States.

(b) COOPERATION- The Attorney General shall cooperate with the

States to assure that information in the control of the Attorney

General, including information in the National Crime Information

Center, that would assist State and local law enforcement officials

in carrying out duties under subsection (a) is made available to

such officials.

SEC. 440. CRIMINAL ALIEN REMOVAL.

(a) 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.'.

(b) 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.'.

(c) ARREST AND CUSTODY- Section 242(a)(2) of such Act is amended--

(1) in subparagraph (A)--

(A) by striking `(2)(A) The Attorney' and inserting `(2)

The Attorney';

(B) 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

(C) by striking `but subject to subparagraph (B)'; and

(2) by striking subparagraph (B).

(d) CLASSES OF EXCLUDABLE ALIENS- Section 212(c) of such Act (8

U.S.C. 1182(c)) is amended--

(1) by striking `The first sentence of this' and inserting

`This'; and

(2) 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).'.

(e) AGGRAVATED FELONY DEFINED- Section 101(a)(43) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended

by section 222 of the Immigration and Nationality Technical

Corrections Act of 1994 (Public Law 103-416), is amended--

(1) in subparagraph (J), by inserting `, or an offense

described in section 1084 (if it is a second or subsequent

offense) or 1955 of that title (relating to gambling

offenses),' after `corrupt organizations)';

(2) in subparagraph (K)--

(A) by striking `or' at the end of clause (i),

(B) by redesignating clause (ii) as clause (iii), and

(C) by inserting after clause (i) the following new clause:

`(ii) is described in section 2421, 2422, or 2423 of

title 18, United States Code (relating to

transportation for the purpose of prostitution) for

commercial advantage; or';

(3) by amending subparagraph (N) to read as follows:

`(N) an offense described in paragraph (1)(A) or (2) of

section 274(a) (relating to alien smuggling) for which the

term of imprisonment imposed (regardless of any suspension

of imprisonment) is at least 5 years;';

(4) by amending subparagraph (O) to read as follows:

`(O) an offense (i) which either is falsely making,

forging, counterfeiting, mutilating, or altering a passport

or instrument in violation of section 1543 of title 18,

United States Code, or is described in section 1546(a) of

such title (relating to document fraud) and (ii) for which

the term of imprisonment imposed (regardless of any

suspension of such imprisonment) is at least 18 months;';

(5) in subparagraph (P), by striking `15 years' and inserting

`5 years', and by striking `and' at the end;

(6) by redesignating subparagraphs (O), (P), and (Q) as

subparagraphs (P), (Q), and (U), respectively;

(7) by inserting after subparagraph (N) the following new

subparagraph:

`(O) an offense described in section 275(a) or 276

committed by an alien who was previously deported on the

basis of a conviction for an offense described in another

subparagraph of this paragraph;'; and

(8) by inserting after subparagraph (Q), as so redesignated,

the following new subparagraphs:

`(R) an offense relating to commercial bribery,

counterfeiting, forgery, or trafficking in vehicles the

identification numbers of which have been altered for which

a sentence of 5 years' imprisonment or more may be imposed;

`(S) an offense relating to obstruction of justice,

perjury or subornation of perjury, or bribery of a witness,

for which a sentence of 5 years' imprisonment or more may

be imposed;

`(T) an offense relating to a failure to appear before a

court pursuant to a court order to answer to or dispose of

a charge of a felony for which a sentence of 2 years'

imprisonment or more may be imposed; and'.

(f) EFFECTIVE DATE- The amendments made by subsection (e) shall

apply to convictions entered on or after the date of the enactment

of this Act, except that the amendment made by subsection (e)(3)

shall take effect as if included in the enactment of section 222 of

the Immigration and Nationality Technical Corrections Act of 1994.

(g) DEPORTATION OF CRIMINAL ALIENS- Section 242A(a) of such Act

(8 U.S.C. 1252a) is amended--

(1) in paragraph (1)--

(A) 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

(B) by striking `, where warranted,';

(2) 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).'.

(h) DEADLINES FOR DEPORTING ALIEN- Section 242(c) of such Act (8

U.S.C. 1252(c)) is amended--

(1) by striking `(c) When a final order' and inserting

`(c)(1) Subject to paragraph (2), when a final order'; and

(2) 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.'.

SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING

DEPORTATION ORDER.

(a) IN GENERAL- Section 276 of the Immigration and Nationality

Act (8 U.S.C. 1326) is amended by adding at the end the following

new subsection:

`(d) In a criminal proceeding under this section, an alien may

not challenge the validity of the deportation order described in

subsection (a)(1) or subsection (b) unless the alien demonstrates

that--

`(1) the alien exhausted any administrative remedies that may

have been available to seek relief against the order;

`(2) the deportation proceedings at which the order was

issued improperly deprived the alien of the opportunity for

judicial review; and

`(3) the entry of the order was fundamentally unfair.'.

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall

apply to criminal proceedings initiated after the date of enactment

of this Act.

SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO

ARE NOT PERMANENT RESIDENTS.

(a) ADMINISTRATIVE HEARINGS- Section 242A(b) of the Immigration

and Nationality Act (8 U.S.C. 1252a(b)), as added by section

130004(a) of the Violent Crime Control and Law Enforcement Act of

1994 (Public Law 103-322), is amended--

(1) in paragraph (2)--

(A) by striking `and' at the end of subparagraph (A) and

inserting `or', and

(B) by amending subparagraph (B) to read as follows:

`(B) had permanent resident status on a conditional basis

(as described in section 216) at the time that proceedings

under this section commenced.';

(2) in paragraph (3), by striking `30 calendar days' and

inserting `14 calendar days';

(3) in paragraph (4)(B), by striking `proccedings' and

inserting `proceedings';

(4) in paragraph (4)--

(A) by redesignating subparagraphs (D) and (E) as

subparagraphs (F) and (G), respectively; and

(B) by adding after subparagraph (C) the following new

subparagraphs:

`(D) such proceedings are conducted in, or translated for

the alien into, a language the alien understands;

`(E) a determination is made for the record at such

proceedings that the individual who appears to respond in

such a proceeding is an alien subject to such an expedited

proceeding under this section and is, in fact, the alien

named in the notice for such proceeding;'.

(5) by adding at the end the following new paragraph:

`(5) No alien described in this section shall be eligible for

any relief from deportation that the Attorney General may grant

in the Attorney General's discretion.'.

(b) LIMIT ON JUDICIAL REVIEW- Subsection (d) of section 106 of

the Immigration and Nationality Act (8 U.S.C. 1105a), as added by

section 130004(b) of the Violent Crime Control and Law Enforcement

Act of 1994 (Public Law 103-322), is amended to read as follows:

`(d) Notwithstanding subsection (c), a petition for review or for

habeas corpus on behalf of an alien described in section 242A(c)

may only challenge whether the alien is in fact an alien described

in such section, and no court shall have jurisdiction to review any

other issue.'.

(c) PRESUMPTION OF DEPORTABILITY- Section 242A of the Immigration

and Nationality Act (8 U.S.C. 1252a) is amended by inserting after

subsection (b) the following new subsection:

`(c) PRESUMPTION OF DEPORTABILITY- An alien convicted of an

aggravated felony shall be conclusively presumed to be deportable

from the United States.'.

(d) EFFECTIVE DATE- The amendments made by this section shall

become effective no later than 60 days after the publication by the

Attorney General of implementing regulations that shall be

published on or before January 1, 1997.

SEC. 443. 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),'.

TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

SUBTITLE A--NUCLEAR MATERIALS

SEC. 501. FINDINGS AND PURPOSE.

(a) FINDINGS- The Congress finds that--

(1) nuclear materials, including byproduct materials, can be

used to create radioactive dispersal devices that are capable

of causing serious bodily injury as well as substantial damage

to property and to the environment;

(2) the potential use of nuclear materials, including

byproduct materials, enhances the threat posed by terrorist

activities and thereby has a greater effect on the security

interests of the United States;

(3) due to the widespread hazards presented by the threat of

nuclear contamination, as well as nuclear bombs, the United

States has a strong interest in ensuring that persons who are

engaged in the illegal acquisition and use of nuclear

materials, including byproduct materials, are prosecuted for

their offenses;

(4) the threat that nuclear materials will be obtained and

used by terrorist and other criminal organizations has

increased substantially since the enactment in 1982 of the

legislation that implemented the Convention on the Physical

Protection of Nuclear Material, codified at section 831 of

title 18, United States Code;

(5) the successful efforts to obtain agreements from other

countries to dismantle nuclear weapons have resulted in

increased packaging and transportation of nuclear materials,

thereby decreasing the security of such materials by increasing

the opportunity for unlawful diversion and theft;

(6) the trafficking in the relatively more common,

commercially available, and usable nuclear and byproduct

materials creates the potential for significant loss of life

and environmental damage;

(7) report trafficking incidents in the early 1990's suggest

that the individuals involved in trafficking in these materials

from Eurasia and Eastern Europe frequently conducted their

black market sales of these materials within the Federal

Republic of Germany, the Baltic States, the former Soviet

Union, Central Europe, and to a lesser extent in the Middle

European countries;

(8) the international community has become increasingly

concerned over the illegal possession of nuclear and nuclear

byproduct materials;

(9) the potentially disastrous ramifications of increased

access to nuclear and nuclear byproduct materials pose such a

significant threat that the United States must use all lawful

methods available to combat the illegal use of such materials;

(10) the United States has an interest in encouraging United

States corporations to do business in the countries that

comprised the former Soviet Union, and in other developing

democracies;

(11) protection of such United States corporations from

threats created by the unlawful use of nuclear materials is

important to the success of the effort to encourage business

ventures in these countries, and to further the foreign

relations and commerce of the United States;

(12) the nature of nuclear contamination is such that it may

affect the health, environment, and property of United States

nationals even if the acts that constitute the illegal activity

occur outside the territory of the United States, and are

primarily directed toward foreign nationals; and

(13) there is presently no Federal criminal statute that

provides adequate protection to United States interests from

nonweapons grade, yet hazardous radioactive material, and from

the illegal diversion of nuclear materials that are held for

other than peaceful purposes.

(b) PURPOSE- The purpose of this title is to provide Federal law

enforcement agencies with the necessary means and the maximum

authority permissible under the Constitution to combat the threat

of nuclear contamination and proliferation that may result from the

illegal possession and use of radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR

MATERIALS PROHIBITIONS.

Section 831 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by striking `nuclear material' each place it appears

and inserting `nuclear material or nuclear byproduct

material';

(B) in paragraph (1)--

(i) in subparagraph (A), by inserting `or to the

environment' after `property'; and

(ii) so that subparagraph (B) reads as follows:

`(B) circumstances exist, or have been represented to the

defendant to exist, that are likely to cause the death or

serious bodily injury to any person, or substantial damage

to property or to the environment;'; and

(C) in paragraph (6), by inserting `or to the

environment' after `property';

(2) in subsection (c)--

(A) so that paragraph (2) reads as follows:

`(2) an offender or a victim is--

`(A) a national of the United States; or

`(B) a United States corporation or other legal entity;';

(B) in paragraph (3)--

(i) by striking `at the time of the offense the

nuclear material is in use, storage, or transport, for

peaceful purposes, and'; and

(ii) by striking `or' at the end of the paragraph;

(C) in paragraph (4)--

(i) by striking `nuclear material for peaceful

purposes' and inserting `nuclear material or nuclear

byproduct material'; and

(ii) by striking the period at the end of the

paragraph and inserting `; or'; and

(D) by adding at the end the following new paragraph:

`(5) either--

`(A) the governmental entity under subsection (a)(5) is

the United States; or

`(B) the threat under subsection (a)(6) is directed at

the United States.'; and

(3) in subsection (f)--

(A) in paragraph (1)--

(i) in subparagraph (A), by striking `with an

isotopic concentration not in excess of 80 percent

plutonium 238'; and

(ii) in subparagraph (C), by striking `uranium' and

inserting `enriched uranium, defined as uranium';

(B) by redesignating paragraphs (2), (3), and (4) as

paragraphs (3), (4), and (5), respectively;

(C) by inserting after paragraph (1) the following new

paragraph:

`(2) the term `nuclear byproduct material' means any material

containing any radioactive isotope created through an

irradiation process in the operation of a nuclear reactor or

accelerator;';

(D) in paragraph (4), as redesignated, by striking `and'

at the end;

(E) in paragraph (5), as redesignated, by striking the

period at the end and inserting a semicolon; and

(F) by adding at the end the following new paragraphs:

`(6) the term `national of the United States' has the same

meaning as in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)); and

`(7) the term `United States corporation or other legal

entity' means any corporation or other entity organized under

the laws of the United States or any State, Commonwealth,

territory, possession, or district of the United States.'.

SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM

ARMORIES.

(a) STUDY- The Attorney General and the Secretary of Defense

shall jointly conduct a study of the number and extent of thefts

from military arsenals (including National Guard armories) of

firearms, explosives, and other materials that are potentially

useful to terrorists.

(b) REPORT TO THE CONGRESS- Not later than 6 months after the

date of enactment of this Act, the Attorney General and the

Secretary of Defense shall jointly prepare and transmit to the

Congress a report on the findings of the study conducted under

subsection (a).

SUBTITLE B--BIOLOGICAL WEAPONS RESTRICTIONS

SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

(a) FINDINGS- The Congress finds that--

(1) certain biological agents have the potential to pose a

severe threat to public health and safety;

(2) such biological agents can be used as weapons by

individuals or organizations for the purpose of domestic or

international terrorism or for other criminal purposes;

(3) the transfer and possession of potentially hazardous

biological agents should be regulated to protect public health

and safety; and

(4) efforts to protect the public from exposure to such

agents should ensure that individuals and groups with

legitimate objectives continue to have access to such agents

for clinical and research purposes.

(b) CRIMINAL ENFORCEMENT- Chapter 10 of title 18, United States

Code, is amended--

(1) in section 175(a), by inserting `or attempts, threatens,

or conspires to do the same,' after `to do so,';

(2) in section 177(a)(2), by inserting `threat,' after

`attempt,'; and

(3) in section 178--

(A) in paragraph (1), by striking `or infectious

substance' and inserting `infectious substance, or

biological product that may be engineered as a result of

biotechnology, or any naturally occurring or bioengineered

component of any such microorganism, virus, infectious

substance, or biological product';

(B) in paragraph (2)--

(i) by inserting `the toxic material of plants,

animals, microorganisms, viruses, fungi, or infectious

substances, or a recombinant molecule' after `means';

(ii) by striking `production--' and inserting

`production, including--';

(iii) in subparagraph (A), by inserting `or

biological product that may be engineered as a result

of biotechnology' after `substance'; and

(iv) in subparagraph (B), by inserting `or biological

product' after `isomer'; and

(C) in paragraph (4), by inserting `, or molecule,

including a recombinant molecule, or biological product

that may be engineered as a result of biotechnology,' after

`organism'.

(c) TERRORISM- Section 2332a(a) of title 18, United States Code,

is amended by inserting `, including any biological agent, toxin,

or vector (as those terms are defined in section 178)' after

`destruction'.

(d) REGULATORY CONTROL OF BIOLOGICAL AGENTS-

(1) LIST OF BIOLOGICAL AGENTS-

(A) IN GENERAL- The Secretary shall, through regulations

promulgated under subsection (f), establish and maintain a

list of each biological agent that has the potential to

pose a severe threat to public health and safety.

(B) CRITERIA- In determining whether to include an agent

on the list under subparagraph (A), the Secretary shall--

(i) consider--

(I) the effect on human health of exposure to the agent;

(II) the degree of contagiousness of the agent and the methods by

which the agent is transferred to humans;

(III) the availability and effectiveness of immunizations to

prevent and treatments for any illness resulting from infection by

the agent; and

(IV) any other criteria that the Secretary considers appropriate;

and

(ii) consult with scientific experts representing

appropriate professional groups.

(e) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS- The

Secretary shall, through regulations promulgated under subsection

(f), provide for--

(1) the establishment and enforcement of safety procedures

for the transfer of biological agents listed pursuant to

subsection (d)(1), including measures to ensure--

(A) proper training and appropriate skills to handle such

agents; and

(B) proper laboratory facilities to contain and dispose

of such agents;

(2) safeguards to prevent access to such agents for use in

domestic or international terrorism or for any other criminal

purpose;

(3) the establishment of procedures to protect the public

safety in the event of a transfer or potential transfer of a

biological agent in violation of the safety procedures

established under paragraph (1) or the safeguards established

under paragraph (2); and

(4) appropriate availability of biological agents for

research, education, and other legitimate purposes.

(f) REGULATIONS- The Secretary shall carry out this section by

issuing--

(1) proposed rules not later than 60 days after the date of

enactment of this Act; and

(2) final rules not later than 120 days after the date of

enactment of this Act.

(g) DEFINITIONS- For purposes of this section--

(1) the term `biological agent' has the same meaning as in

section 178 of title 18, United States Code; and

(2) the term `Secretary' means the Secretary of Health and

Human Services.

SUBTITLE C--CHEMICAL WEAPONS RESTRICTIONS

SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY

FOR TRAINING AND EVALUATION OF PERSONNEL WHO

RESPOND TO USE OF CHEMICAL OR BIOLOGICAL WEAPONS

IN URBAN AND SUBURBAN AREAS.

(a) CHEMICAL WEAPONS OF MASS DESTRUCTION- Chapter 113B of title

18, United States Code, relating to terrorism, is amended by

inserting after section 2332b as added by section 702 of this Act

the following new section:

`Sec. 2332c. Use of chemical weapons

`(a) PROHIBITED ACTS-

`(1) OFFENSE- A person shall be punished under paragraph (2)

if that person, without lawful authority, uses, or attempts or

conspires to use, a chemical weapon against--

`(A) a national of the United States while such national

is outside of the United States;

`(B) any person within the United States; or

`(C) any property that is owned, leased, or used by the

United States or by any department or agency of the United

States, whether the property is within or outside of the

United States.

`(2) PENALTIES- A person who violates paragraph (1)--

`(A) shall be imprisoned for any term of years or for

life; or

`(B) if death results from that violation, shall be

punished by death or imprisoned for any term of years or

for life.

`(b) DEFINITIONS- As used in this section--

`(1) the term `national of the United States' has the same

meaning as in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)); and

`(2) the term `chemical weapon' means any weapon that is

designed or intended to cause widespread death or serious

bodily injury through the release, dissemination, or impact of

toxic or poisonous chemicals or precursors of toxic or

poisonous chemicals.

(b) STUDY OF FACILITY FOR TRAINING AND EVALUATION OF PERSONNEL

WHO RESPOND TO USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND

SUBURBAN AREAS-

(1) FINDINGS- The Congress finds that--

(A) the threat of the use of chemical and biological

weapons by Third World countries and by terrorist

organizations has increased in recent years and is now a

problem of worldwide significance;

(B) the military and law enforcement agencies in the

United States that are responsible for responding to the

use of such weapons require additional testing, training,

and evaluation facilities to ensure that the personnel of

such agencies discharge their responsibilities effectively;

and

(C) a facility that recreates urban and suburban

locations would provide an especially effective environment

in which to test, train, and evaluate such personnel for

that purpose.

(2) STUDY OF FACILITY-

(A) IN GENERAL- The President shall establish an

interagency task force to determine the feasibility and

advisability of establishing a facility that recreates both

an urban environment and a suburban environment in such a

way as to permit the effective testing, training, and

evaluation in such environments of government personnel who

are responsible for responding to the use of chemical and

biological weapons in the United States.

(B) DESCRIPTION OF FACILITY- The facility considered

under subparagraph (A) shall include--

(i) facilities common to urban environments

(including a multistory building and an underground

rail transit system) and to suburban environments;

(ii) the capacity to produce controllable releases of

chemical and biological agents from a variety of urban

and suburban structures, including laboratories, small

buildings, and dwellings;

(iii) the capacity to produce controllable releases

of chemical and biological agents into sewage, water,

and air management systems common to urban areas and

suburban areas;

(iv) chemical and biocontaminant facilities at the P3

and P4 levels;

(v) the capacity to test and evaluate the

effectiveness of a variety of protective clothing and

facilities and survival techniques in urban areas and

suburban areas; and

(vi) the capacity to test and evaluate the

effectiveness of variable sensor arrays (including

video, audio, meteorological, chemical, and biosensor

arrays) in urban areas and suburban areas.

(C) SENSE OF CONGRESS- It is the sense of Congress that

the facility considered under subparagraph (A) shall, if

established--

(i) be under the jurisdiction of the Secretary of

Defense; and

(ii) be located at a principal facility of the

Department of Defense for the testing and evaluation of

the use of chemical and biological weapons during any

period of armed conflict.

(c) CLERICAL AMENDMENT- The table of sections at the beginning of

chapter 113B of title 18, United States Code, relating to

terrorism, is amended by inserting after the item added by section

702 of this Act that relates to section 2332b the following new item:

`2332c. Use of chemical weapons.'.

TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

SEC. 601. FINDINGS AND PURPOSES.

(a) FINDINGS- The Congress finds that--

(1) plastic explosives were used by terrorists in the

bombings of Pan American Airlines flight number 103 in December

1988 and UTA flight number 722 in September 1989;

(2) plastic explosives can be used with little likelihood of

detection for acts of unlawful interference with civil

aviation, maritime navigation, and other modes of transportation;

(3) the criminal use of plastic explosives places innocent

lives in jeopardy, endangers national security, affects

domestic tranquility, and gravely affects interstate and

foreign commerce;

(4) the marking of plastic explosives for the purpose of

detection would contribute significantly to the prevention and

punishment of such unlawful acts; and

(5) for the purpose of deterring and detecting such unlawful

acts, the Convention on the Marking of Plastic Explosives for

the Purpose of Detection, Done at Montreal on 1 March 1991,

requires each contracting State to adopt appropriate measures

to ensure that plastic explosives are duly marked and controlled.

(b) PURPOSE- The purpose of this title is to fully implement the

Convention on the Marking of Plastic Explosives for the Purpose of

Detection, Done at Montreal on 1 March 1991.

SEC. 602. DEFINITIONS.

Section 841 of title 18, United States Code, is amended by adding

at the end the following new subsections:

`(o) `Convention on the Marking of Plastic Explosives' means the

Convention on the Marking of Plastic Explosives for the Purpose of

Detection, Done at Montreal on 1 March 1991.

`(p) `Detection agent' means any one of the substances specified

in this subsection when introduced into a plastic explosive or

formulated in such explosive as a part of the manufacturing

process in such a manner as to achieve homogeneous distribution in

the finished explosive, including--

`(1) Ethylene glycol dinitrate (EGDN), C [Bold->] 2 [<-Bold]

H [Bold->] 4 [<-Bold] (NO [Bold->] 3 [<-Bold] ) [Bold->] 2

[<-Bold] , molecular weight 152, when the minimum concentration

in the finished explosive is 0.2 percent by mass;

`(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C [Bold->] 6

[<-Bold] H [Bold->] 12 [<-Bold] (NO [Bold->] 2 [<-Bold] )

[Bold->] 2 [<-Bold] , molecular weight 176, when the minimum

concentration in the finished explosive is 0.1 percent by mass;

`(3) Para-Mononitrotoluene (p-MNT), C [Bold->] 7 [<-Bold] H

[Bold->] 7 [<-Bold] NO [Bold->] 2 [<-Bold] , molecular weight

137, when the minimum concentration in the finished explosive

is 0.5 percent by mass;

`(4) Ortho-Mononitrotoluene (o-MNT), C [Bold->] 7 [<-Bold] H

[Bold->] 7 [<-Bold] NO [Bold->] 2 [<-Bold] , molecular weight

137, when the minimum concentration in the finished explosive

is 0.5 percent by mass; and

`(5) any other substance in the concentration specified by

the Secretary, after consultation with the Secretary of State

and the Secretary of Defense, that has been added to the table

in part 2 of the Technical Annex to the Convention on the

Marking of Plastic Explosives.

`(q) `Plastic explosive' means an explosive material in flexible

or elastic sheet form formulated with one or more high explosives

which in their pure form has a vapor pressure less than 10-4 Pa at

a temperature of 25«C., is formulated with a binder material, and

is as a mixture malleable or flexible at normal room temperature.'.

SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

Section 842 of title 18, United States Code, is amended by adding

at the end the following new subsections:

`(l) It shall be unlawful for any person to manufacture any

plastic explosive that does not contain a detection agent.

`(m)(1) It shall be unlawful for any person to import or bring

into the United States, or export from the United States, any

plastic explosive that does not contain a detection agent.

`(2) This subsection does not apply to the importation or

bringing into the United States, or the exportation from the United

States, of any plastic explosive that was imported or brought into,

or manufactured in the United States prior to the date of enactment

of this subsection by or on behalf of any agency of the United

States performing military or police functions (including any

military reserve component) or by or on behalf of the National

Guard of any State, not later than 15 years after the date of entry

into force of the Convention on the Marking of Plastic Explosives,

with respect to the United States.

`(n)(1) It shall be unlawful for any person to ship, transport,

transfer, receive, or possess any plastic explosive that does not

contain a detection agent.

`(2) This subsection does not apply to--

`(A) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or

brought into, or manufactured in the United States prior to the

date of enactment of this subsection by any person during the

period beginning on that date and ending 3 years after that

date of enactment; or

`(B) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or

brought into, or manufactured in the United States prior to the

date of enactment of this subsection by or on behalf of any

agency of the United States performing a military or police

function (including any military reserve component) or by or on

behalf of the National Guard of any State, not later than 15

years after the date of entry into force of the Convention on

the Marking of Plastic Explosives, with respect to the United

States.

`(o) It shall be unlawful for any person, other than an agency of

the United States (including any military reserve component) or the

National Guard of any State, possessing any plastic explosive on

the date of enactment of this subsection, to fail to report to the

Secretary within 120 days after such date of enactment the quantity

of such explosives possessed, the manufacturer or importer, any

marks of identification on such explosives, and such other

information as the Secretary may prescribe by regulation.'.

SEC. 604. CRIMINAL SANCTIONS.

Section 844(a) of title 18, United States Code, is amended to

read as follows:

`(a) Any person who violates any of subsections (a) through (i)

or (l) through (o) of section 842 shall be fined under this title,

imprisoned for not more than 10 years, or both.'.

SEC. 605. EXCEPTIONS.

Section 845 of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) by inserting `(l), (m), (n), or (o) of section 842

and subsections' after `subsections'; and

(B) in paragraph (1), by inserting before the semicolon

`, and which pertain to safety'; and

(2) by adding at the end the following new subsection:

`(c) It is an affirmative defense against any proceeding

involving subsections (l) through (o) of section 842 if the

proponent proves by a preponderance of the evidence that the

plastic explosive--

`(1) consisted of a small amount of plastic explosive

intended for and utilized solely in lawful--

`(A) research, development, or testing of new or modified

explosive materials;

`(B) training in explosives detection or development or

testing of explosives detection equipment; or

`(C) forensic science purposes; or

`(2) was plastic explosive that, within 3 years after the

date of enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, will be or is incorporated in a military

device within the territory of the United States and remains an

integral part of such military device, or is intended to be, or

is incorporated in, and remains an integral part of a military

device that is intended to become, or has become, the property

of any agency of the United States performing military or

police functions (including any military reserve component) or

the National Guard of any State, wherever such device is located.

`(3) For purposes of this subsection, the term `military

device' includes, but is not restricted to, shells, bombs,

projectiles, mines, missiles, rockets, shaped charges,

grenades, perforators, and similar devices lawfully

manufactured exclusively for military or police purposes.'.

SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C.

1595a(c)(1)) is amended--

(1) in subparagraph (B), by striking `or' at the end;

(2) in subparagraph (C), by striking the period and inserting

`; or'; and

(3) by adding at the end the following new subparagraph:

`(D) is a plastic explosive, as defined in section 841(q)

of title 18, United States Code, which does not contain a

detection agent, as defined in section 841(p) of such

title.'.

SEC. 607. EFFECTIVE DATE.

Except as otherwise provided in this title, this title and the

amendments made by this title shall take effect 1 year after the

date of enactment of this Act.

TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

SUBTITLE A--CRIMES AND PENALTIES

SEC. 701. 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

the penalties prescribed for the offense the commission of which

was the object of the conspiracy.'.

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

(a) OFFENSE- Chapter 113B of title 18, United States Code,

relating to terrorism, is amended by inserting after section 2332a

the following new section:

`Sec. 2332b. Acts of terrorism transcending national boundaries

`(a) PROHIBITED ACTS-

`(1) OFFENSES- Whoever, involving conduct transcending

national boundaries and in a circumstance described in

subsection (b)--

`(A) kills, kidnaps, maims, commits an assault resulting

in serious bodily injury, or assaults with a dangerous

weapon any person within the United States; or

`(B) creates a substantial risk of serious bodily injury

to any other person by destroying or damaging any

structure, conveyance, or other real or personal property

within the United States or by attempting or conspiring to

destroy or damage any structure, conveyance, or other real

or personal property within the United States;

in violation of the laws of any State, or the United States,

shall be punished as prescribed in subsection (c).

`(2) TREATMENT OF THREATS, ATTEMPTS AND CONSPIRACIES- Whoever

threatens to commit an offense under paragraph (1), or attempts

or conspires to do so, shall be punished under subsection (c).

`(b) JURISDICTIONAL BASES-

`(1) CIRCUMSTANCES- The circumstances referred to in

subsection (a) are--

`(A) any of the offenders uses the mail or any facility

of interstate or foreign commerce in furtherance of the

offense;

`(B) the offense obstructs, delays, or affects interstate

or foreign commerce, or would have so 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, a member of the uniformed services, 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 is, in whole or in part, owned, possessed, or

leased to the United States, or any department or agency of

the United States;

`(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 within the special maritime

and territorial jurisdiction of the United States.

`(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE FACT-

Jurisdiction shall exist over all principals and

co-conspirators of an offense under this section, and

accessories after the fact to any offense under this section,

if at least one of the circumstances described in subparagraphs

(A) through (F) of paragraph (1) is applicable to at least one

offender.

`(c) PENALTIES-

`(1) PENALTIES- Whoever violates this section shall be

punished--

`(A) for a killing, or if death results to any person

from any other conduct prohibited by this section, by

death, or by imprisonment for any term of years or for life;

`(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 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 an 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 an offense under this

section, by imprisonment for not more than 10 years.

`(2) CONSECUTIVE SENTENCE- Notwithstanding any other

provision of law, the court shall not place on probation any

person convicted of a violation of this section; nor shall the

term of imprisonment imposed under this section run

concurrently with any other term of imprisonment.

`(d) PROOF REQUIREMENTS- The following shall apply to

prosecutions under this section:

`(1) KNOWLEDGE- The prosecution is not required to prove

knowledge by any defendant of a jurisdictional base alleged in

the indictment.

`(2) STATE LAW- In a prosecution under this section that is

based upon the adoption of State law, only the elements of the

offense under State law, and not any provisions pertaining to

criminal procedure or evidence, are adopted.

`(e) EXTRATERRITORIAL JURISDICTION- There is extraterritorial

Federal jurisdiction--

`(1) over any offense under subsection (a), including any

threat, attempt, or conspiracy to commit such offense; and

`(2) over conduct which, under section 3, renders any person

an accessory after the fact to an offense under subsection (a).

`(f) INVESTIGATIVE AUTHORITY- In addition to any other

investigative authority with respect to violations of this title,

the Attorney General shall have primary investigative

responsibility for all Federal crimes of terrorism, and the

Secretary of the Treasury shall assist the Attorney General at the

request of the Attorney General. Nothing in this section shall be

construed to interfere with the authority of the United States

Secret Service under section 3056.

`(g) DEFINITIONS- As used in this section--

`(1) the term `conduct transcending national boundaries'

means conduct occurring outside of the United States in

addition to the conduct occurring in the United States;

`(2) the term `facility of interstate or foreign commerce'

has the meaning given that term in section 1958(b)(2);

`(3) the term `serious bodily injury' has the meaning given

that term in section 1365(g)(3);

`(4) 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; and

`(5) the term `Federal crime of terrorism' means an offense

that--

`(A) is calculated to influence or affect the conduct of

government by intimidation or coercion, or to retaliate

against government conduct; and

`(B) is a violation of--

`(i) section 32 (relating to destruction of aircraft

or aircraft facilities), 37 (relating to violence at

international airports), 81 (relating to arson within

special maritime and territorial jurisdiction), 175

(relating to biological weapons), 351 (relating to

congressional, cabinet, and Supreme Court

assassination, kidnapping, and assault), 831 (relating

to nuclear materials), 842 (m) or (n) (relating to

plastic explosives), 844(e) (relating to certain

bombings), 844 (f) or (i) (relating to arson and

bombing of certain property), 956 (relating to

conspiracy to injure property of a foreign government),

1114 (relating to protection of officers and employees

of the United States), 1116 (relating to murder or

manslaughter of foreign officials, official guests, or

internationally protected persons), 1203 (relating to

hostage taking), 1361 (relating to injury of Government

property or contracts), 1362 (relating to destruction

of communication lines, stations, or systems), 1363

(relating to injury to buildings or property within

special maritime and territorial jurisdiction of the

United States), 1366 (relating to destruction of an

energy facility), 1751 (relating to Presidential and

Presidential staff assassination, kidnapping, and

assault), 2152 (relating to injury of fortifications,

harbor defenses, or defensive sea areas), 2155

(relating to destruction of national defense materials,

premises, or utilities), 2156 (relating to production

of defective national defense materials, premises, or

utilities), 2280 (relating to violence against maritime

navigation), 2281 (relating to violence against

maritime fixed platforms), 2332 (relating to certain

homicides and other violence against United States

nationals occurring outside of the United States),

2332a (relating to use of weapons of mass destruction),

2332b (relating to acts of terrorism transcending

national boundaries), 2339A (relating to providing

material support to terrorists), 2339B (relating to

providing material support to terrorist organizations),

or 2340A (relating to torture);

`(ii) section 236 (relating to sabotage of nuclear

facilities or fuel) of the Atomic Energy Act of 1954

(42 U.S.C. 2284); or

`(iii) section 46502 (relating to aircraft piracy) or

section 60123(b) (relating to destruction of interstate

gas or hazardous liquid pipeline facility) of title 49.'.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of

chapter 113B of title 18, United States Code, relating to

terrorism, is amended by inserting after the item relating to

section 2332a the following new item:

`2332b. Acts of terrorism transcending national boundaries.'.

(c) STATUTE OF LIMITATIONS AMENDMENT- Section 3286 of title 18,

United States Code, is amended--

(1) by striking `any offense' and inserting `any non-capital

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),'.

(d) PRESUMPTIVE DETENTION- Section 3142(e) of title 18, United

States Code, is amended by inserting `, 956(a), or 2332b' after

`section 924(c)'.

SEC. 703. 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,' and all that follows through `shipping'

and inserting `any structure, conveyance, or other real or personal

property'.

SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

(a) IN GENERAL- Section 956 of chapter 45 of title 18, United

States Code, is amended to read as follows:

`Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or

damage property in a foreign country

`(a)(1) Whoever, within the jurisdiction of the United States,

conspires with one or more other persons, regardless of where such

other person or persons are located, to commit at any place outside

the United States an act that would constitute the offense of

murder, kidnapping, or maiming if committed in the special maritime

and territorial jurisdiction of the United States shall, if any of

the conspirators commits an act within the jurisdiction of the

United States to effect any object of the conspiracy, be punished

as provided in subsection (a)(2).

`(2) The punishment for an offense under subsection (a)(1) of

this section is--

`(A) imprisonment for any term of years or for life if the

offense is conspiracy to murder or kidnap; and

`(B) imprisonment for not more than 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 are located, to damage 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 any of the conspirators

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 item relating to section 956 in the

table of sections at the beginning of chapter 45 of title 18,

United States Code, is amended to read as follows:

`956. Conspiracy to kill, kidnap, maim, or injure persons or damage

property in a foreign country.'.

SEC. 705. 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 `5

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' 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 year' and inserting

`10 years'; and

(2) in subsection (c), by striking `5' and inserting `15'.

SEC. 706. 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:

`(o) Whoever knowingly transfers any explosive materials, knowing

or having reasonable cause to believe that such explosive materials

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 subject to the same penalties as may be imposed

under subsection (h) for a first conviction for the use or carrying

of an explosive material.'.

SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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, or

pledge or accept as security for a loan, any stolen explosive

materials which are moving as, which are part of, which constitute,

or which have been shipped or transported in, interstate or foreign

commerce, either before or after such materials were stolen,

knowing or having reasonable cause to believe that the explosive

materials were stolen.'.

SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.

(a) IN GENERAL- 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, fined under this title, or both.

`(2) Whoever engages in conduct prohibited by this subsection,

and as a result of such conduct, directly or proximately causes

personal injury or creates a substantial risk of injury to any

person, including any public safety officer performing duties,

shall be imprisoned for not less than 7 years and not more than 40

years, fined under this title, or both.

`(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 subject to the death penalty, or imprisoned for

not less than 20 years or for life, fined under this title, or

both.';

(3) 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

(4) in subsection (i)--

(A) by striking `not more than 20 years, fined the

greater of the 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 under this title'; and

(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 under this title'.

(b) CONFORMING AMENDMENT- Section 81 of title 18, United States

Code, is amended by striking `fined under this title or imprisoned

not more than five years, or both' and inserting `imprisoned for

not more than 25 years, fined the greater of the fine under this

title or the cost of repairing or replacing any property that is

damaged or destroyed, or both'.

(c) STATUTE OF LIMITATION FOR ARSON OFFENSES-

(1) IN GENERAL- Chapter 213 of title 18, United States Code,

is amended by adding at the end the following new section:

`Sec. 3295. Arson offenses

`No person shall be prosecuted, tried, or punished for any

non-capital offense under section 81 or subsection (f), (h), or (i)

of section 844 unless the indictment is found or the information is

instituted not later than 10 years after the date on which the

offense was committed.'.

(2) CLERICAL AMENDMENT- The table of sections at the

beginning of chapter 213 of title 18, United States Code, is

amended by adding at the end the following new item:

`3295. Arson offenses.'.

(3) CONFORMING AMENDMENT- Section 844(i) of title 18, United

States Code, is amended by striking the last sentence.

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE

DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL

MATERIALS.

(a) STUDY- The Attorney General, in consultation with such other

officials and individuals as the Attorney General considers

appropriate, shall conduct a study concerning--

(1) the extent to which there is available to the public

material in any medium (including print, electronic, or film)

that provides instruction on how to make bombs, destructive

devices, or weapons of mass destruction;

(2) the extent to which information gained from such material

has been used in incidents of domestic or international

terrorism;

(3) the likelihood that such information may be used in

future incidents of terrorism;

(4) the application of Federal laws in effect on the date of

enactment of this Act to such material;

(5) the need and utility, if any, for additional laws

relating to such material; and

(6) an assessment of the extent to which the first amendment

protects such material and its private and commercial

distribution.

(b) REPORT-

(1) REQUIREMENT- Not later than 180 days after the date of

enactment of this Act, the Attorney General shall submit to the

Congress a report that contains the results of the study

required by this section.

(2) AVAILABILITY- The Attorney General shall make the report

submitted under this subsection available to the public.

SUBTITLE B--CRIMINAL PROCEDURES

SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER

CERTAIN TERRORISM OFFENSES OVERSEAS.

(a) AIRCRAFT PIRACY- Section 46502(b) of title 49, United States

Code, is amended--

(1) in paragraph (1), by striking `and later found in the

United States';

(2) so that paragraph (2) reads as follows:

`(2) There is jurisdiction over the offense in paragraph (1) if--

`(A) a national of the United States was aboard the aircraft;

`(B) an offender is a national of the United States; or

`(C) an offender is afterwards found in the United States.';

and

(3) by inserting after paragraph (2) the following:

`(3) For purposes of this subsection, the term `national of the

United States' has the meaning prescribed in section 101(a)(22) of

the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).'.

(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILITIES- Section 32(b)

of title 18, United States Code, is amended--

(1) by striking `, if the offender is later found in the

United States,'; and

(2) by inserting at the end the following: `There is

jurisdiction over an offense under this subsection if a

national of the United States was on board, or would have been

on board, the aircraft; an offender is a national of the United

States; or an offender is afterwards found in the United

States. For purposes of this subsection, the term `national of

the United States' has the meaning prescribed in section

101(a)(22) of the Immigration and Nationality Act.'.

(c) MURDER OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS-

Section 1116 of title 18, United States Code, is amended--

(1) in subsection (b), by adding at the end the following:

`(7) `National of the United States' has the meaning

prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).'; and

(2) in subsection (c), by striking the first sentence and

inserting the following: `If the victim of an offense under

subsection (a) is an internationally protected person outside

the United States, the United States may exercise jurisdiction

over the offense if (1) the victim is a representative,

officer, employee, or agent of the United States, (2) an

offender is a national of the United States, or (3) an offender

is afterwards found in the United States.'.

(d) PROTECTION OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS-

Section 112 of title 18, United States Code, is amended--

(1) in subsection (c), by inserting `national of the United

States',' before `and'; and

(2) in subsection (e), by striking the first sentence and

inserting the following: `If the victim of an offense under

subsection (a) is an internationally protected person outside

the United States, the United States may exercise jurisdiction

over the offense if (1) the victim is a representative,

officer, employee, or agent of the United States, (2) an

offender is a national of the United States, or (3) an offender

is afterwards found in the United States.'.

(e) THREATS AND EXTORTION AGAINST FOREIGN OFFICIALS AND CERTAIN

OTHER PERSONS- Section 878 of title 18, United States Code, is

amended--

(1) in subsection (c), by inserting `national of the United

States',' before `and'; and

(2) in subsection (d), by striking the first sentence and

inserting the following: `If the victim of an offense under

subsection (a) is an internationally protected person outside

the United States, the United States may exercise jurisdiction

over the offense if (1) the victim is a representative,

officer, employee, or agent of the United States, (2) an

offender is a national of the United States, or (3) an offender

is afterwards found in the United States.'.

(f) KIDNAPPING OF INTERNATIONALLY PROTECTED PERSONS- Section

1201(e) of title 18, United States Code, is amended--

(1) by striking the first sentence and inserting the

following: `If the victim of an offense under subsection (a) is

an internationally protected person outside the United States,

the United States may exercise jurisdiction over the offense if

(1) the victim is a representative, officer, employee, or agent

of the United States, (2) an offender is a national of the

United States, or (3) an offender is afterwards found in the

United States.'; and

(2) by adding at the end the following: `For purposes of this

subsection, the term `national of the United States' has the

meaning prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).'.

(g) VIOLENCE AT INTERNATIONAL AIRPORTS- Section 37(b)(2) of title

18, United States Code, is amended--

(1) by inserting `(A)' before `the offender is later found in

the United States'; and

(2) by inserting `; or (B) an offender or a victim is a

national of the United States (as defined in section 101(a)(22)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'

after `the offender is later found in the United States'.

(h) BIOLOGICAL WEAPONS- Section 178 of title 18, United States

Code, is amended--

(1) by striking `and' at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4) and

inserting `; and'; and

(3) by adding the following at the end:

`(5) the term `national of the United States' has the meaning

prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).'.

SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

Section 2280(b)(1)(A) of title 18, United States Code, is amended--

(1) in clause (ii), by striking `and the activity is not

prohibited as a crime by the State in which the activity takes

place'; and

(2) in clause (iii), by striking `the activity takes place on

a ship flying the flag of a foreign country or outside the

United States,'.

SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR

TERRORISM OFFENSES.

(a) TITLE 18 OFFENSES-

(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),

115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title

18, United States Code, are each amended by inserting `or

conspires' after `attempts'.

(2) Section 115(b)(2) of title 18, United States Code, is

amended by striking `or attempted kidnapping' both places it

appears and inserting `, attempted kidnapping, or conspiracy to

kidnap'.

(3)(A) Section 115(b)(3) of title 18, United States Code, is

amended by striking `or attempted murder' and inserting `,

attempted murder, or conspiracy to murder'.

(B) Section 115(b)(3) of title 18, United States Code, is

amended by striking `and 1113' and inserting `, 1113, and 1117'.

(b) AIRCRAFT PIRACY-

(1) Section 46502(a)(2) of title 49, United States Code, is

amended by inserting `or conspiring' after `attempting'.

(2) Section 46502(b)(1) of title 49, United States Code, is

amended by inserting `or conspiring to commit' after

`committing'.

SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.

Section 844(e) of title 18, United States Code, is amended by

striking `commerce,' and inserting `interstate or foreign commerce,

or in or affecting interstate or foreign commerce,'.

SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION

STATUTE.

Section 2332a of title 18, United States Code, is amended--

(1) in subsection (a)--

(A) in the subsection heading, by inserting `AGAINST A

NATIONAL OF THE UNITED STATES OR WITHIN THE UNITED STATES'

after `OFFENSE';

(B) by striking `uses, or attempts' and inserting `,

without lawful authority, uses, threatens, or attempts'; and

(C) in paragraph (2), by inserting `, and the results of

such use affect interstate or foreign commerce or, in the

case of a threat, attempt, or conspiracy, would have

affected interstate or foreign commerce' before the

semicolon at the end;

(2) in subsection (b), by striking subparagraph (B) and

inserting the following:

`(B) any weapon that is designed or intended to cause

death or serious bodily injury through the release,

dissemination, or impact of toxic or poisonous chemicals,

or their precursors;';

(3) by redesignating subsection (b) as subsection (c); and

(4) by inserting after subsection (a) the following new

subsection:

`(b) OFFENSE BY NATIONAL OF THE UNITED STATES OUTSIDE OF THE

UNITED STATES- Any national of the United States who, without

lawful authority, uses, or threatens, attempts, or conspires to

use, a weapon of mass destruction outside of the United States

shall be imprisoned for any term of years or for life, and if death

results, shall be punished by death, or by imprisonment for any

term of years or for life.'.

SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING

STATUTE.

Section 1956(c)(7) of title 18, United States Code, is amended--

(1) in subparagraph (B), by amending clause (ii) to read as

follows:

`(ii) murder, kidnapping, robbery, extortion, or

destruction of property by means of explosive or fire;'; and

(2) in subparagraph (D)--

(A) by inserting after `an offense under' the following:

`section 32 (relating to the destruction of aircraft),

section 37 (relating to violence at international

airports), section 115 (relating to influencing, impeding,

or retaliating against a Federal official by threatening or

injuring a family member),';

(B) by inserting after `section 215 (relating to

commissions or gifts for procuring loans),' the following:

`section 351 (relating to congressional or Cabinet officer

assassination),';

(C) by inserting after `section 798 (relating to

espionage),' the following: `section 831 (relating to

prohibited transactions involving nuclear materials),

section 844 (f) or (i) (relating to destruction by

explosives or fire of Government property or property

affecting interstate or foreign commerce),';

(D) by inserting after `section 875 (relating to

interstate communications),' the following: `section 956

(relating to conspiracy to kill, kidnap, maim, or injure

certain property in a foreign country),';

(E) by inserting after `section 1032 (relating to

concealment of assets from conservator, receiver, or

liquidating agent of financial institution),' the

following: `section 1111 (relating to murder), section 1114

(relating to murder of United States law enforcement

officials), section 1116 (relating to murder of foreign

officials, official guests, or internationally protected

persons),';

(F) by inserting after `section 1203 (relating to hostage

taking),' the following: `section 1361 (relating to willful

injury of Government property), section 1363 (relating to

destruction of property within the special maritime and

territorial jurisdiction),';

(G) by inserting after `section 1708 (relating to theft

from the mail),' the following: `section 1751 (relating to

Presidential assassination),';

(H) by inserting after `2114 (relating to bank and postal

robbery and theft),' the following: `section 2280 (relating

to violence against maritime navigation), section 2281

(relating to violence against maritime fixed platforms),';

(I) by striking `or section 2320' and inserting `section

2320'; and

(J) by striking `of this title' and inserting the

following: `, section 2332 (relating to terrorist acts

abroad against United States nationals), section 2332a

(relating to use of weapons of mass destruction), section

2332b (relating to international terrorist acts

transcending national boundaries), or section 2339A

(relating to providing material support to terrorists) of

this title, section 46502 of title 49, United States Code,'.

SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR

FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE

UNITED STATES.

(a) HOMICIDE- Section 1114 of title 18, United States Code, is

amended to read as follows:

`Sec. 1114. Protection of officers and employees of the United States

`Whoever kills or attempts to kill any officer or employee of the

United States or of any agency in any branch of the United States

Government (including any member of the uniformed services) while

such officer or employee is engaged in or on account of the

performance of official duties, or any person assisting such an

officer or employee in the performance of such duties or on account

of that assistance, shall be punished--

`(1) in the case of murder, as provided under section 1111;

`(2) in the case of manslaughter, as provided under section

1112; or

`(3) in the case of attempted murder or manslaughter, as

provided in section 1113.'.

(b) THREATS AGAINST FORMER OFFICERS AND EMPLOYEES-

(1) IN GENERAL- Section 115(a)(2) of title 18, United States

Code, is amended by inserting `, or threatens to assault,

kidnap, or murder, any person who formerly served as a person

designated in paragraph (1), or' after `assaults, kidnaps, or

murders, or attempts to kidnap or murder'.

(2) LIMITATION- Section 115 of title 18, United States Code,

is amended by adding at the end the following:

`(d) This section shall not interfere with the investigative

authority of the United States Secret Service, as provided under

sections 3056, 871, and 879 of this title.'.

(c) AMENDMENT TO CLARIFY THE MEANING OF THE TERM DEADLY OR

DANGEROUS WEAPON IN THE PROHIBITION ON ASSAULT ON FEDERAL OFFICERS

OR EMPLOYEES- Section 111(b) of title 18, United States Code, is

amended by inserting `(including a weapon intended to cause death

or danger but that fails to do so by reason of a defective

component)' after `deadly or dangerous weapon'.

SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.

Section 3592(c) of title 18, United States Code, is amended by

inserting after paragraph (15) the following new paragraph:

`(16) MULTIPLE KILLINGS OR ATTEMPTED KILLINGS- The defendant

intentionally killed or attempted to kill more than one person

in a single criminal episode.'.

SEC. 729. DETENTION HEARING.

Section 3142(f) of title 18, United States Code, is amended by

inserting `(not including any intermediate Saturday, Sunday, or

legal holiday)' after `five days' and after `three days'.

SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.

The United States Sentencing Commission shall forthwith, in

accordance with the procedures set forth in section 21(a) of the

Sentencing Act of 1987, as though the authority under that section

had not expired, amend the sentencing guidelines so that the

chapter 3 adjustment relating to international terrorism only

applies to Federal crimes of terrorism, as defined in section

2332b(g) of title 18, United States Code.

SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS.

Section 2510 of title 18, United States Code, is amended--

(1) in paragraph (12)--

(A) by striking `or' at the end of subparagraph (B);

(B) by adding `or' at the end of subparagraph (C); and

(C) by adding at the end the following new subparagraph:

`(D) electronic funds transfer information stored by a

financial institution in a communications system used for

the electronic storage and transfer of funds;'; and

(2) in paragraph (16)--

(A) by adding `or' at the end of subparagraph (D);

(B) by striking `or' at the end of subparagraph (E); and

(C) by striking subparagraph (F).

SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE

MATERIALS.

(a) STUDY-

(1) IN GENERAL- Not later than 12 months after the date of

enactment of this Act, the Secretary of the Treasury (referred

to in this section as the `Secretary') shall conduct a study of--

(A) the tagging of explosive materials for purposes of

detection and identification;

(B) the feasibility and practicability of rendering

common chemicals used to manufacture explosive materials

inert;

(C) the feasibility and practicability of imposing

controls on certain precursor chemicals used to manufacture

explosive materials; and

(D) State licensing requirements for the purchase and use

of commercial high explosives, including--

(i) detonators;

(ii) detonating cords;

(iii) dynamite;

(iv) water gel;

(v) emulsion;

(vi) blasting agents; and

(vii) boosters.

(2) EXCLUSION- No study conducted under this subsection or

regulation proposed under subsection (e) shall include black or

smokeless powder among the explosive materials considered.

(b) CONSULTATION-

(1) IN GENERAL- In conducting the study under subsection (a),

the Secretary shall consult with--

(A) Federal, State, and local officials with expertise in

the area of chemicals used to manufacture explosive

materials; and

(B) such other individuals as the Secretary determines

are necessary.

(2) FERTILIZER RESEARCH CENTERS- In conducting any portion of

the study under subsection (a) relating to the regulation and

use of fertilizer as a pre-explosive material, the Secretary of

the Treasury shall consult with and receive input from

non-profit fertilizer research centers.

(c) REPORT- Not later than 30 days after the completion of the

study conducted under subsection (a), the Secretary shall submit a

report to the Congress, which shall be made public, that contains--

(1) the results of the study;

(2) any recommendations for legislation; and

(3) any opinions and findings of the fertilizer research

centers.

(d) HEARINGS- Congress shall have not less than 90 days after the

submission of the report under subsection (c) to--

(1) review the results of the study; and

(2) hold hearings and receive testimony regarding the

recommendations of the Secretary.

(e) REGULATIONS-

(1) IN GENERAL- Not later than 6 months after the submission

of the report required by subsection (c), the Secretary may

submit to Congress and publish in the Federal Register draft

regulations for the addition of tracer elements to explosive

materials manufactured in or imported into the United States,

of such character and in such quantity as the Secretary may

authorize or require, if the results of the study conducted

under subsection (a) indicate that the tracer elements--

(A) will not pose a risk to human life or safety;

(B) will substantially assist law enforcement officers in

their investigative efforts;

(C) will not substantially impair the quality of the

explosive materials for their intended lawful use;

(D) will not have a substantially adverse effect on the

environment; and

(E) the costs associated with the addition of the tracers

will not outweigh benefits of their inclusion.

(2) EFFECTIVE DATE- The regulations under paragraph (1) shall

take effect 270 days after the Secretary submits proposed

regulations to Congress pursuant to paragraph (1), except to

the extent that the effective date is revised or the regulation

is otherwise modified or disapproved by an Act of Congress.

TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

SUBTITLE A--RESOURCES AND SECURITY

SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

The Attorney General and the Secretary of the Treasury are

authorized to support law enforcement training activities in

foreign countries, in consultation with the Secretary of State, for

the purpose of improving the effectiveness of the United States in

investigating and prosecuting transnational offenses.

SEC. 802. SENSE OF CONGRESS.

It is the sense of the Congress that, whenever practicable, each

recipient of any sum authorized to be appropriated by this Act,

should use the money to purchase American-made products.

SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE

DISTRICT OF COLUMBIA.

The Attorney General and the Secretary of the Treasury may

prohibit--

(1) any vehicles from parking or standing on any street or

roadway adjacent to any building in the District of Columbia

used by law enforcement authorities subject to their

jurisdiction, that is in whole or in part owned, possessed, or

leased to the Federal Government; and

(2) any person or entity from conducting business on any

property immediately adjacent to any building described in

paragraph (1).

SEC. 804. REQUIREMENT TO PRESERVE RECORD 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-

`(1) IN GENERAL- 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.

`(2) PERIOD OF RETENTION- Records referred to in paragraph

(1) shall be retained for a period of 90 days, which shall be

extended for an additional 90-day period upon a renewed request

by the governmental entity.'.

SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL

INTEREST COMPUTER.

(a) REVIEW- Not later than 60 calendar days after the date of

enactment of this Act, the United States Sentencing Commission

shall review the deterrent effect of existing guideline levels as

they apply to paragraphs (4) and (5) of section 1030(a) of title

18, United States Code.

(b) REPORT- The United States Sentencing Commission shall prepare

and transmit a report to the Congress on the findings under the

study conducted under subsection (a).

(c) AMENDMENT OF GUIDELINES- Pursuant to its authority under

section 994(p) of title 28, United States Code, the United States

Sentencing Commission shall amend the sentencing guidelines to

ensure any individual convicted of a violation of paragraph (4) or

(5) of section 1030(a) of title 18, United States Code, is

imprisoned for not less than 6 months.

SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT.

(a) ESTABLISHMENT- There is established a commission to be known

as the `Commission on the Advancement of Federal Law Enforcement'

(hereinafter in this section referred to as the `Commission').

(b) DUTIES- The Commission shall review, ascertain, evaluate,

report, and recommend action to the Congress on the following

matters:

(1) The Federal law enforcement priorities for the 21st

century, including Federal law enforcement capability to

investigate and deter adequately the threat of terrorism facing

the United States.

(2) In general, the manner in which significant Federal

criminal law enforcement operations are conceived, planned,

coordinated, and executed.

(3) The standards and procedures used by Federal law

enforcement to carry out significant Federal criminal law

enforcement operations, and their uniformity and compatibility

on an interagency basis, including standards related to the use

of deadly force.

(4) The investigation and handling of specific Federal

criminal law enforcement cases by the United States Government

and the Federal law enforcement agencies therewith, selected at

the Commission's discretion.

(5) The necessity for the present number of Federal law

enforcement agencies and units.

(6) The location and efficacy of the office or entity

directly responsible, aside from the President of the United

States, for the coordination on an interagency basis of the

operations, programs, and activities of all of the Federal law

enforcement agencies.

(7) The degree of assistance, training, education, and other

human resource management assets devoted to increasing

professionalism for Federal law enforcement officers.

(8) The independent accountability mechanisms that exist, if

any, and their efficacy to investigate, address, and to correct

Federal law enforcement abuses.

(9) The degree of coordination among law enforcement agencies

in the area of international crime and the extent to which

deployment of resources overseas diminishes domestic law

enforcement.

(10) The extent to which Federal law enforcement agencies

coordinate with State and local law enforcement agencies on

Federal criminal enforcement operations and programs that

directly affect a State or local law enforcement agency's

geographical jurisdiction.

(11) Such other related matters as the Commission deems

appropriate.

(c) MEMBERSHIP AND ADMINISTRATIVE PROVISIONS-

(1) NUMBER AND APPOINTMENT- The Commission shall be composed

of 5 members appointed as follows:

(A) 1 member appointed by the President pro tempore of

the Senate.

(B) 1 member appointed by the minority leader of the

Senate.

(C) 1 member appointed by the Speaker of the House of

Representatives.

(D) 1 member appointed by the minority leader of the

House of Representatives.

(E) 1 member (who shall chair the Commission) appointed

by the Chief Justice of the Supreme Court.

(2) DISQUALIFICATION- A person who is an officer or employee

of the United States shall not be appointed a member of the

Commission.

(3) TERMS- Each member shall be appointed for the life of the

Commission.

(4) QUORUM- 3 members of the Commission shall constitute a

quorum but a lesser number may hold hearings.

(5) MEETINGS- The Commission shall meet at the call of the

Chair of the Commission.

(6) COMPENSATION- Each member of the Commission who is not an

officer or employee of the Federal Government shall be

compensated at a rate equal to the daily equivalent of the

annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day, including travel time, during which the

member is engaged in the performance of the duties of the

Commission.

(d) STAFFING AND SUPPORT FUNCTIONS-

(1) DIRECTOR- The Commission shall have a director who shall

be appointed by the Chair of the Commission.

(2) STAFF- Subject to rules prescribed by the Commission, the

Director may appoint additional personnel as the Commission

considers appropriate.

(3) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS- The Director

and staff of the Commission shall be appointed subject to the

provisions of title 5, United States Code, governing

appointments in the competitive service, and shall be paid in

accordance with the provisions of chapter 51 and subchapter III

of chapter 53 of that title relating to classification and

General Schedule pay rates.

(e) POWERS-

(1) HEARINGS AND SESSIONS- The Commission may, for the

purposes of carrying out this Act, hold hearings, sit and act

at times and places, take testimony, and receive evidence as

the Commission considers appropriate. The Commission may

administer oaths or affirmations to witnesses appearing before

it. The Commission may establish rules for its proceedings.

(2) POWERS OF MEMBERS AND AGENTS- Any member or agent of the

Commission may, if authorized by the Commission, take any

action which the Commission is authorized to take by this

section.

(3) OBTAINING OFFICIAL DATA- The Commission may secure

directly from any department or agency of the United States

information necessary to enable it to carry out this section.

Upon request of the Chair of the Commission, the head of that

department or agency shall furnish that information to the

Commission, unless doing so would threaten the national

security, the health or safety of any individual, or the

integrity of an ongoing investigation.

(4) ADMINISTRATIVE SUPPORT SERVICES- Upon the request of the

Commission, the Administrator of General Services shall provide

to the Commission, on a reimbursable basis, the administrative

support services necessary for the Commission to carry out its

responsibilities under this title.

(f) REPORT- The Commission shall transmit a report to the

Congress and the public not later than 2 years after a quorum of

the Commission has been appointed. The report shall contain a

detailed statement of the findings and conclusions of the

Commission, together with the Commission's recommendations for such

actions as the Commission considers appropriate.

(g) TERMINATION- The Commission shall terminate 30 days after

submitting the report required by this section.

SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES

CURRENCY.

(a) IN GENERAL- The Secretary of the Treasury (hereafter in this

section referred to as the `Secretary'), in consultation with the

advanced counterfeit deterrence steering committee, shall--

(1) study the use and holding of United States currency in

foreign countries; and

(2) develop useful estimates of the amount of counterfeit

United States currency that circulates outside the United

States each year.

(b) EVALUATION AUDIT PLAN-

(1) IN GENERAL- The Secretary shall develop an effective

international evaluation audit plan that is designed to enable

the Secretary to carry out the duties described in subsection

(a) on a regular and thorough basis.

(2) SUBMISSION OF DETAILED WRITTEN SUMMARY- The Secretary

shall submit a detailed written summary of the evaluation audit

plan developed pursuant to paragraph (1) to the Congress before

the end of the 6-month period beginning on the date of the

enactment of this Act.

(3) FIRST EVALUATION AUDIT UNDER PLAN- The Secretary shall

begin the first evaluation audit pursuant to the evaluation

audit plan no later than the end of the 1-year period beginning

on the date of the enactment of this Act.

(4) SUBSEQUENT EVALUATION AUDITS- At least 1 evaluation audit

shall be performed pursuant to the evaluation audit plan during

each 3-year period beginning after the date of the commencement

of the evaluation audit referred to in paragraph (3).

(c) REPORTS-

(1) IN GENERAL- The Secretary shall submit a written report

to the Committee on Banking and Financial Services of the House

of Representatives and the Committee on Banking, Housing, and

Urban Affairs of the Senate on the results of each evaluation

audit conducted pursuant to subsection (b) within 90 days after

the completion of the evaluation audit.

(2) CONTENTS- In addition to such other information as the

Secretary may determine to be appropriate, each report

submitted to the Congress pursuant to paragraph (1) shall

include the following information:

(A) A detailed description of the evaluation audit

process and the methods used to develop estimates of the

amount of counterfeit United States currency in circulation

outside the United States.

(B) The method used to determine the currency sample

examined in connection with the evaluation audit and a

statistical analysis of the sample examined.

(C) A list of the regions of the world, types of

financial institutions, and other entities included.

(D) An estimate of the total amount of United States

currency found in each region of the world.

(E) The total amount of counterfeit United States

currency and the total quantity of each counterfeit

denomination found in each region of the world.

(3) CLASSIFICATION OF INFORMATION-

(A) IN GENERAL- To the greatest extent possible, each

report submitted to the Congress under this subsection

shall be submitted in an unclassified form.

(B) CLASSIFIED AND UNCLASSIFIED FORMS- If, in the

interest of submitting a complete report under this

subsection, the Secretary determines that it is necessary

to include classified information in the report, the report

shall be submitted in a classified and an unclassified form.

(d) SUNSET PROVISION- This section shall cease to be effective as

of the end of the 10-year period beginning on the date of the

enactment of this Act.

(e) RULE OF CONSTRUCTION- No provision of this section shall be

construed as authorizing any entity to conduct investigations of

counterfeit United States currency.

(f) FINDINGS- The Congress hereby finds the following:

(1) United States currency is being counterfeited outside the

United States.

(2) The One Hundred Third Congress enacted, with the approval

of the President on September 13, 1994, section 470 of title

18, United States Code, making such activity a crime under the

laws of the United States.

(3) The expeditious posting of agents of the United States

Secret Service to overseas posts, which is necessary for the

effective enforcement of section 470 and related criminal

provisions, has been delayed.

(4) While section 470 of title 18, United States Code,

provides for a maximum term of imprisonment of 20 years as

opposed to a maximum term of 15 years for domestic

counterfeiting, the United States Sentencing Commission has

failed to provide, in its sentencing guidelines, for an

appropriate enhancement of punishment for defendants convicted

of counterfeiting United States currency outside the United

States.

(g) TIMELY CONSIDERATION OF REQUESTS FOR CONCURRENCE IN CREATION

OF OVERSEAS POSTS-

(1) IN GENERAL- The Secretary of State shall--

(A) consider in a timely manner the request by the

Secretary of the Treasury for the placement of such number

of agents of the United States Secret Service as the

Secretary of the Treasury considers appropriate in posts in

overseas embassies; and

(B) reach an agreement with the Secretary of the Treasury

on such posts as soon as possible and, in any event, not

later than December 31, 1996.

(2) COOPERATION OF TREASURY REQUIRED- The Secretary of the

Treasury shall promptly provide any information requested by

the Secretary of State in connection with such requests.

(3) REPORTS REQUIRED- The Secretary of the Treasury and the

Secretary of State shall each submit, by February 1, 1997, a

written report to the Committee on Banking and Financial

Services of the House of Representatives and the Committee on

Banking, Housing, and Urban Affairs of the Senate explaining

the reasons for the rejection, if any, of any proposed post and

the reasons for the failure, if any, to fill any approved post

by such date.

(h) ENHANCED PENALTIES FOR INTERNATIONAL COUNTERFEITING OF UNITED

STATES CURRENCY- Pursuant to the authority of the United States

Sentencing Commission under section 994 of title 28, United States

Code, the Commission shall amend the sentencing guidelines

prescribed by the Commission to provide an appropriate enhancement

of the punishment for a defendant convicted under section 470 of

title 18 of such Code.

SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF

GOVERNMENT EMPLOYEES.

(a) FINDINGS- The Congress finds that--

(1) threats of violence and acts of violence against Federal,

State, and local government employees and their families are

increasing as the result of attempts to stop public servants

from performing their lawful duties;

(2) these acts are a danger to the constitutional form of

government of the United States; and

(3) more information is needed relating to the extent and

nature of the danger to these employees and their families so

that actions can be taken to protect public servants at all

levels of government in the performance of their duties.

(b) STATISTICS- The Attorney General shall collect data, for the

calendar year 1990 and each succeeding calendar year thereafter,

relating to crimes and incidents of threats of violence and acts of

violence against Federal, State, and local government employees and

their families in the performance of their lawful duties. Such data

shall include--

(1) in the case of crimes against such employees and their

families, the nature of the crime; and

(2) in the case of incidents of threats of violence and acts

of violence, including verbal and implicit threats against such

employees and their families, the deterrent effect on the

performance of their jobs.

(c) GUIDELINES- The Attorney General shall establish guidelines

for the collection of the data under subsection (b), including a

definition of the sufficiency of evidence of noncriminal incidents

required to be reported.

(d) USE OF DATA-

(1) ANNUAL PUBLISHING- The Attorney General shall publish an

annual summary of the data collected under this section.

(2) USE OF DATA- Except with respect to the summary published

under paragraph (1), data collected under this section shall be

used only for research and statistical purposes.

(e) EXEMPTION- The Attorney General, the Secretary of State, and

the United States Secret Service is not required to participate in

any statistical reporting activity under this section with respect

to any direct or indirect threat made against any individual for

whom that official or Service is authorized to provide protection.

SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT

OFFICERS FROM THE CRIMINAL USE OF FIREARMS AND

AMMUNITION.

(a) The Secretary of the Treasury, in conjunction with the

Attorney General, shall conduct a study and make recommendations

concerning--

(1) the extent and nature of the deaths and serious injuries,

in the line of duty during the last decade, for law enforcement

officers, including--

(A) those officers who were feloniously killed or

seriously injured and those that died or were seriously

injured as a result of accidents or other non-felonious

causes;

(B) those officers feloniously killed or seriously

injured with firearms, those killed or seriously injured

with, separately, handguns firing handgun caliber

ammunition, handguns firing rifle caliber ammunition,

rifles firing rifle caliber ammunition, rifles firing

handgun caliber ammunition and shotguns;

(C) those officers feloniously killed or seriously

injured with firearms, and killings or serious injuries

committed with firearms taken by officers' assailants from

officers, and those committed with other officers'

firearms; and

(D) those killed or seriously injured because shots

attributable to projectiles defined as `armor piercing

ammunition' under section 921(a)(17)(B) (i) and (ii) of

title 18, United States Code, pierced the protective

material of bullet resistant vests and bullet resistant

headgear;

(2) whether current passive defensive strategies, such as

body armor, are adequate to counter the criminal use of

firearms against law officers; and

(3) the calibers of ammunition that are--

(A) sold in the greatest quantities;

(B) their common uses, according to consultations with

industry, sporting organizations and law enforcement;

(C) the calibers commonly used for civilian defensive or

sporting uses that would be affected by any prohibition on

non-law enforcement sales of such ammunition, if such

ammunition is capable of penetrating minimum level bullet

resistant vests; and

(D) recommendations for increase in body armor

capabilities to further protect law enforcement from threat.

(b) In conducting the study, the Secretary shall consult with

other Federal, State and local officials, non-governmental

organizations, including all national police organizations,

national sporting organizations and national industry associations

with expertise in this area and such other individuals as shall be

deemed necessary. Such study shall be presented to Congress twelve

months after the enactment of this Act and made available to the

public, including any data tapes or data used to form such

recommendations.

(c) There are authorized to be appropriated for the study and

recommendations such sums as may be necessary.

SEC. 810. 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;

(3) a summary of instances in which Federal law enforcement

authorities may have abused electronic surveillance powers and

recommendations, if needed, for constitutional safeguards

relating to the use of such powers; and

(4) 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.

SUBTITLE B--FUNDING AUTHORIZATIONS FOR LAW ENFORCEMENT

SEC. 811. FEDERAL BUREAU OF INVESTIGATION.

(a) IN GENERAL- With funds made available pursuant to subsection

(c)--

(1) the Attorney General shall--

(A) provide support and enhance the technical support

center and tactical operations of the Federal Bureau of

Investigation;

(B) create a Federal Bureau of Investigation

counterterrorism and counterintelligence fund for costs

associated with the investigation of cases involving cases

of terrorism;

(C) expand and improve the instructional, operational

support, and construction of the Federal Bureau of

Investigation Academy;

(D) construct a Federal Bureau of Investigation

laboratory, provide laboratory examination support, and

provide for a command center;

(E) make grants to States to carry out the activities

described in subsection (b); and

(F) increase personnel to support counterterrorism

activities; and

(2) the Director of the Federal Bureau of Investigation may

expand the combined DNA Identification System (CODIS) to

include Federal crimes and crimes committed in the District of

Columbia.

(b) STATE GRANTS-

(1) AUTHORIZATION- The Attorney General, in consultation with

the Director of the Federal Bureau of Investigation, may make

grants to each State eligible under paragraph (2) to be used by

the chief executive officer of the State, in conjunction with

units of local government, other States, or any combination

thereof, to carry out all or part of a program to establish,

develop, update, or upgrade--

(A) computerized identification systems that are

compatible and integrated with the databases of the

National Crime Information Center of the Federal Bureau of

Investigation;

(B) the capability to analyze deoxyribonucleic acid (DNA)

in a forensic laboratory in ways that are compatible and

integrated with the combined DNA Identification System

(CODIS) of the Federal Bureau of Investigation; and

(C) automated fingerprint identification systems that are

compatible and integrated with the Integrated Automated

Fingerprint Identification System (IAFIS) of the Federal

Bureau of Investigation.

(2) ELIGIBILITY- To be eligible to receive a grant under this

subsection, a State shall require that each person convicted of

a felony of a sexual nature shall provide to appropriate State

law enforcement officials, as designated by the chief executive

officer of the State, a sample of blood, saliva, or other

specimen necessary to conduct a DNA analysis consistent with

the standards established for DNA testing by the Director of

the Federal Bureau of Investigation.

(3) INTERSTATE COMPACTS- A State may enter into a compact or

compacts with another State or States to carry out this

subsection.

(c) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated for

the activities of the Federal Bureau of Investigation, to help

meet the increased demands for activities to combat terrorism--

(A) $114,000,000 for fiscal year 1997;

(B) $166,000,000 for fiscal year 1998;

(C) $96,000,000 for fiscal year 1999; and

(D) $92,000,000 for fiscal year 2000.

(2) AVAILABILITY OF FUNDS- Funds made available pursuant to

paragraph (1), in any fiscal year, shall remain available until

expended.

(3) ALLOCATION-

(A) IN GENERAL- Of the total amount appropriated to carry

out subsection (b) in a fiscal year--

(i) the greater of 0.25 percent of such amount or

$500,000 shall be allocated to each eligible State; and

(ii) of the total funds remaining after the

allocation under clause (i), there shall be allocated

to each State an amount which bears the same ratio to

the amount of remaining funds described in this

subparagraph as the population of such State bears to

the population of all States.

(B) DEFINITION- For purposes of this paragraph, the term

`State' means any State of the United States, the District

of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, American Samoa, Guam, and the Commonwealth of the

Northern Mariana Islands, except that for purposes of the

allocation under this subparagraph, American Samoa and the

Commonwealth of the Northern Mariana Islands shall be

considered as one State and that for these purposes, 67

percent of the amounts allocated shall be allocated to

American Samoa, and 33 percent to the Commonwealth of the

Northern Mariana Islands.

SEC. 812. UNITED STATES CUSTOMS SERVICE.

(a) IN GENERAL- There are authorized to be appropriated for the

activities of the United States Customs Service, to help meet the

increased needs of the United States Customs Service--

(1) $8,000,000 for fiscal year 1997;

(2) $8,000,000 for fiscal year 1998;

(3) $8,000,000 for fiscal year 1999; and

(4) $7,000,000 for fiscal year 2000.

(b) AVAILABILITY OF FUNDS- Funds made available pursuant to

subsection (a), in any fiscal year, shall remain available until

expended.

SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.

(a) IN GENERAL- There are authorized to be appropriated for the

activities of the Immigration and Naturalization Service, to help

meet the increased needs of the Immigration and Naturalization

Service, including the detention and removal of alien terrorists,

$5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.

(b) AVAILABILITY OF FUNDS- Funds made available pursuant to

subsection (a), in any fiscal year, shall remain available until

expended.

SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.

(a) ACTIVITIES OF DRUG ENFORCEMENT ADMINISTRATION- The Attorney

General shall use funds made available pursuant to subsection (b)

to--

(1) fund antiviolence crime initiatives;

(2) fund initiatives to address major violators of Federal

antidrug statutes; and

(3) enhance or replace infrastructure of the Drug Enforcement

Administration.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be

appropriated to the Drug Enforcement Administration, to help meet

the increased needs of the Drug Enforcement Administration--

(1) $35,000,000 for fiscal year 1997;

(2) $40,000,000 for fiscal year 1998;

(3) $45,000,000 for fiscal year 1999; and

(4) $52,000,000 for fiscal year 2000.

(c) AVAILABILITY OF FUNDS- Funds made available pursuant to this

section, in any fiscal year, shall remain available until expended.

SEC. 815. DEPARTMENT OF JUSTICE.

(a) IN GENERAL- The Attorney General shall use funds made

available pursuant to subsection (b) to--

(1) hire additional Assistant United States Attorneys and

attorneys within the Criminal Division of the Department of

Justice; and

(2) provide for increased security at courthouses and other

facilities in which Federal workers are employed.

(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS- There are

authorized to be appropriated to carry out this section--

(1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;

(3) $10,000,000 for fiscal year 1999; and

(4) $11,000,000 for fiscal year 2000.

(c) AVAILABILITY OF FUNDS- Funds made available pursuant to this

section, in any fiscal year, shall remain available until expended.

(d) EXEMPTION AUTHORITY- Notwithstanding any other provision of

law, section 102(b) of the Department of Justice and Related

Agencies Appropriations Act, 1993 (Public Law 102-395), shall

remain in effect until specifically repealed, subject to any

limitation on appropriations contained in any Department of Justice

Appropriation Authorization Act.

(e) 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.'.

SEC. 816. DEPARTMENT OF THE TREASURY.

(a) IN GENERAL- There are authorized to be appropriated for

Department of Treasury law enforcement agencies engaged in

counterterrorism efforts to augment those efforts--

(1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;

(3) $10,000,000 for fiscal year 1999; and

(4) $10,000,000 for fiscal year 2000.

(b) UNITED STATES SECRET SERVICE- There are authorized to be

appropriated for the activities of the United States Secret

Service, to augment White House security and expand Presidential

protection activities--

(1) $11,000,000 for fiscal year 1997;

(2) $11,000,000 for fiscal year 1998;

(3) $13,000,000 for fiscal year 1999; and

(4) $15,000,000 for fiscal year 2000.

SEC. 817. UNITED STATES PARK POLICE.

(a) IN GENERAL- There are authorized to be appropriated for the

activities of the United States Park Police, to help meet the

increased needs of the United States Park Police, $500,000 for each

of the fiscal years 1997, 1998, 1999, and 2000.

(b) AVAILABILITY OF FUNDS- Funds made available pursuant to this

section, in any fiscal year, shall remain available until expended.

SEC. 818. THE JUDICIARY.

(a) IN GENERAL- There are authorized to be appropriated to the

Federal judiciary, to help meet the increased demands for judicial

branch activities, including supervised release, and pretrial and

probation services, resulting from the enactment of this Act--

(1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;

(3) $10,000,000 for fiscal year 1999; and

(4) $11,000,000 for fiscal year 2000.

(b) AVAILABILITY OF FUNDS- Funds made available pursuant to this

section, in any fiscal year, shall remain available until expended.

SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

(a) GRANT AUTHORIZATION- The Attorney General, in consultation

with the Director of the Federal Emergency Management Agency, may

make grants to provide specialized training and equipment to

enhance the capability of metropolitan fire and emergency service

departments to respond to terrorist attacks.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be

appropriated for fiscal year 1997, $5,000,000 to carry out this

section.

SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE

DETECTION DEVICES AND OTHER COUNTERTERRORISM

TECHNOLOGY.

There are authorized to be appropriated to the National Institute

of Justice Office of Science and Technology not more than

$10,000,000 for each of the fiscal years 1997 and 1998 to provide

assistance to foreign countries facing an imminent danger of

terrorist attack that threatens the national interest of the United

States, or puts United States nationals at risk, in--

(1) obtaining explosive detection devices and other

counterterrorism technology;

(2) conducting research and development projects on such

technology; and

(3) testing and evaluating counterterrorism technologies in

those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM

TECHNOLOGIES.

There are authorized to be appropriated to the National Institute

of Justice Office of Science and Technology not more than

$10,000,000 for fiscal year 1997, to--

(1) develop technologies that can be used to combat

terrorism, including technologies in the areas of--

(A) detection of weapons, explosives, chemicals, and

persons;

(B) tracking;

(C) surveillance;

(D) vulnerability assessment; and

(E) information technologies;

(2) develop standards to ensure the adequacy of products

produced and compatibility with relevant national systems; and

(3) identify and assess requirements for technologies to

assist State and local law enforcement in the national program

to combat terrorism.

SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING

AND EQUIPMENT.

(a) AMENDMENT OF BYRNE GRANT PROGRAM- Section 501(b) of the

Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.

3751(b)) is amended--

(1) by striking `and' at the end of paragraph (24);

(2) by striking the period at the end of paragraph (25) and

inserting `; and'; and

(3) by adding at the end the following new paragraph:

`(26) to develop and implement antiterrorism training

programs and to procure equipment for use by local law

enforcement authorities.'.

(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be

appropriated $25,000,000 for each of fiscal years 1997 through 2000

for grants under section 501 of the Omnibus Crime Control and Safe

Streets Act of 1968 (42 U.S.C. 3751(b)) to be used for the

development and implementation of antiterrorism training programs

and to procure equipment for use by local law enforcement

authorities.

SEC. 823. FUNDING SOURCE.

Appropriations for activities authorized in this subtitle may be

made from the Violent Crime Reduction Trust Fund.

TITLE IX--MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

(a) TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED IN SPECIAL

MARITIME AND TERRITORIAL JURISDICTION- The Congress declares that

all the territorial sea of the United States, as defined by

Presidential Proclamation 5928 of December 27, 1988, for purposes

of Federal criminal jurisdiction is part of the United States,

subject to its sovereignty, and is within the special maritime and

territorial jurisdiction of the United States for the purposes of

title 18, United States Code.

(b) ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA- Section 13 of

title 18, United States Code, is amended--

(1) in subsection (a), by inserting after `title,' the

following: `or on, above, or below any portion of the

territorial sea of the United States not within the

jurisdiction of any State, Commonwealth, territory, possession,

or district'; and

(2) by adding at the end the following new subsection:

`(c) Whenever any waters of the territorial sea of the United

States lie outside the territory of any State, Commonwealth,

territory, possession, or district, such waters (including the

airspace above and the seabed and subsoil below, and artificial

islands and fixed structures erected thereon) shall be deemed, for

purposes of subsection (a), to lie within the area of the State,

Commonwealth, territory, possession, or district that it would lie

within if the boundaries of such State, Commonwealth, territory,

possession, or district were extended seaward to the outer limit of

the territorial sea of the United States.'.

SEC. 902. PROOF OF CITIZENSHIP.

Notwithstanding any other provision of law, a Federal, State, or

local government agency may not use a voter registration card (or

other related document) that evidences registration for an election

for Federal office, as evidence to prove United States citizenship.

SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.

(a) IN GENERAL- Section 3006A of title 18, United States Code, is

amended--

(1) in subsection (d)--

(A) by redesignating paragraphs (4), (5), and (6) as

paragraphs (5), (6), and (7), respectively; and

(B) by inserting after paragraph (3) the following:

`(4) DISCLOSURE OF FEES- The amounts paid under this

subsection, for representation in any case, shall be made

available to the public.'; and

(2) in subsection (e) by adding at the end the following:

`(4) DISCLOSURE OF FEES- The amounts paid under this

subsection for services in any case shall be made available to

the public.'.

(b) FEES AND EXPENSES AND CAPITAL CASES- Section 408(q)(10) of

the Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to

read as follows:

`(10)(A) Compensation shall be paid to attorneys appointed under

this subsection at a rate of not more than $125 per hour for

in-court and out-of-court time. Not less than 3 years after the

date of the enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, the Judicial Conference is authorized to raise

the maximum for hourly payment specified in the paragraph up to the

aggregate of the overall average percentages of the adjustments in

the rates of pay for the General Schedule made pursuant to section

5305 of title 5 on or after such date. After the rates are raised

under the preceding sentence, such hourly range may be raised at

intervals of not less than one year, up to the aggregate of the

overall average percentages of such adjustments made since the last

raise under this paragraph.

`(B) Fees and expenses paid for investigative, expert, and other

reasonably necessary services authorized under paragraph (9) shall

not exceed $7,500 in any case, unless payment in excess of that

limit is certified by the court, or by the United States magistrate

judge, if the services were rendered in connection with the case

disposed of entirely before such magistrate judge, as necessary to

provide fair compensation for services of an unusual character or

duration, and the amount of the excess payment is approved by the

chief judge of the circuit. The chief judge of the circuit may

delegate such approval authority to an active circuit judge.

`(C) The amounts paid under this paragraph for services in any

case shall be disclosed to the public, after the disposition of the

petition.'.

(c) EFFECTIVE DATE- The amendments made by this section apply to--

(1) cases commenced on or after the date of the enactment of

this Act; and

(2) appellate proceedings, in which an appeal is perfected,

on or after the date of the enactment of this Act.

SEC. 904. SEVERABILITY.

If any provision of this Act, an amendment made by this Act, or

the application of such provision or amendment to any person or

circumstance is held to be unconstitutional, the remainder of this

Act, the amendments made by this Act, and the application of the

provisions of such to any person or circumstance shall not be

affected thereby.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.