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