Text: S.735 — 104th Congress (1995-1996)All Information (Except Text)

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Public Law No: 104-132 (04/24/1996)

 
[104th Congress Public Law 132]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ132.104]


[[Page 1213]]

          ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996

[[Page 110 STAT. 1214]]

Public Law 104-132
104th Congress

                                 An Act


 
    To deter terrorism, provide justice for victims, provide for an 
   effective death penalty, and for other purposes. <<NOTE: Apr. 24, 
                           1996 -  [S. 735]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Antiterrorism 
and Effective Death Penalty Act of 1996.>> 

SECTION 1. <<NOTE: 18 USC 1 note.>>  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.

[[Page 110 STAT. 1215]]

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.

[[Page 110 STAT. 1216]]

        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.

[[Page 110 STAT. 1217]]

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 <<NOTE: Courts.>> 

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.

[[Page 110 STAT. 1218]]

    ``(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 <<NOTE: 28 USC 
app.>>  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.

[[Page 110 STAT. 1219]]

    ``(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.''.

[[Page 110 STAT. 1220]]

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

[[Page 110 STAT. 1221]]

            ``(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:

    ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES

``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

[[Page 110 STAT. 1222]]

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

[[Page 110 STAT. 1223]]

        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

[[Page 110 STAT. 1224]]

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:

[[Page 110 STAT. 1225]]

            ``(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) <<NOTE: Reports.>>  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.

[[Page 110 STAT. 1226]]

    ``(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) <<NOTE: Reports.>>  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:

``154. Special habeas corpus procedures in capital cases........2261.''.

    (c) <<NOTE: 28 USC 2261 note.>>  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.''.

[[Page 110 STAT. 1227]]

                      TITLE II--JUSTICE FOR VICTIMS

        Subtitle A <<NOTE: Mandatory Victims Restitution Act of 
1996. Courts.>> --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 sub

[[Page 110 STAT. 1228]]

section (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.

[[Page 110 STAT. 1229]]

    ``(c)(1) <<NOTE: Applicability.>>  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

[[Page 110 STAT. 1230]]

        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.

[[Page 110 STAT. 1231]]

    ``(7)(A) <<NOTE: Guidelines.>>  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:

[[Page 110 STAT. 1232]]

            ``(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) <<NOTE: Reports.>>  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

[[Page 110 STAT. 1233]]

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 <<NOTE: Privacy.>>  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.

[[Page 110 STAT. 1234]]

    ``(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.

[[Page 110 STAT. 1235]]

    ``(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. <<NOTE: Certification.>>  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 inherit

[[Page 110 STAT. 1236]]

ance, 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 <<NOTE: 18 USC app.>>  
amended--
            (1) in paragraph (1), by adding at the end the following: 
        ``Notwithstanding <<NOTE: Reports.>>  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

[[Page 110 STAT. 1237]]

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. <<NOTE: Privacy.>>  The 
                confidentiality

[[Page 110 STAT. 1238]]

                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.

[[Page 110 STAT. 1239]]

    ``(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

[[Page 110 STAT. 1240]]

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. <<NOTE: 28 USC 994 note.>>  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. <<NOTE: 18 USC 3551 note.>>  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''.

[[Page 110 STAT. 1241]]

SEC. 211. <<NOTE: 18 USC 2248 note.>>  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

[[Page 110 STAT. 1242]]

            ``(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--

[[Page 110 STAT. 1243]]

                    (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) <<NOTE: 28 USC 1605 note.>>  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 <<NOTE: Justice for Victims of Terrorism Act of 1996.>> --
Assistance to Victims of Terrorism

SEC. 231. <<NOTE: 42 USC 10601 note.>>  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. <<NOTE: 42 USC 10603b.>>  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

[[Page 110 STAT. 1244]]

        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) <<NOTE: South Dakota.>>  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

[[Page 110 STAT. 1245]]

                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) <<NOTE: 42 USC 10602 note.>>  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) <<NOTE: 42 USC 10602 note.>>  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

[[Page 110 STAT. 1246]]

receives from all such programs is sufficient to fully compensate the 
applicant for losses suffered as a result of the crime.''.

SEC. 235. <<NOTE: 42 USC 10608.>>  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

[[Page 110 STAT. 1247]]

existing rules, to effectuate the policy addressed by this 
section. <<NOTE: Termination date.>>  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. <<NOTE: 18 USC 2339B note.>>  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.

[[Page 110 STAT. 1248]]

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. <<NOTE: 8 USC 1189.>>  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) <<NOTE: Federal Register, 
                      publication.>>  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) <<NOTE: Termination date.>>  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.--

[[Page 110 STAT. 1249]]

                    ``(A) <<NOTE: Effective date.>>  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.

[[Page 110 STAT. 1250]]

            ``(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) <<NOTE: Reports. Regulations.>>  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.

[[Page 110 STAT. 1251]]

    ``(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) <<NOTE: Records.>>  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) <<NOTE: Records.>>  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

[[Page 110 STAT. 1252]]

                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

[[Page 110 STAT. 1253]]

                      appealed from, and the trial shall not commence 
                      until the appeal is resolved.
                          ``(iii) Appeals during trial.--If an appeal is 
                      taken during trial, the trial court shall adjourn 
                      the trial until the appeal is resolved, and the 
                      court of appeals--
                                    ``(I) shall hear argument on such 
                                appeal not later than 4 days after the 
                                adjournment of the trial;
                                    ``(II) may dispense with written 
                                briefs other than the supporting 
                                materials previously submitted to the 
                                trial court;
                                    ``(III) shall render its decision 
                                not later than 4 days after argument on 
                                appeal; and
                                    ``(IV) may dispense with the 
                                issuance of a written opinion in 
                                rendering its decision.
                    ``(C) Effect of ruling.--An interlocutory appeal and 
                decision shall not affect the right of the defendant, in 
                a subsequent appeal from a final judgment, to claim as 
                error reversal by the trial court on remand of a ruling 
                appealed from during trial.
            ``(6) Construction.--Nothing in this subsection shall 
        prevent the United States from seeking protective orders or 
        asserting privileges ordinarily available to the United States 
        to protect against the disclosure of classified information, 
        including the invocation of the military and State secrets 
        privilege.

    ``(g) Definitions.--As used in this section--
            ``(1) the term `classified information' has the meaning 
        given that term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.);
            ``(2) the term `financial institution' has the same meaning 
        as in section 5312(a)(2) of title 31, United States Code;
            ``(3) the term `funds' includes coin or currency of the 
        United States or any other country, traveler's checks, personal 
        checks, bank checks, money orders, stocks, bonds, debentures, 
        drafts, letters of credit, any other negotiable instrument, and 
        any electronic representation of any of the foregoing;
            ``(4) the term `material support or resources' has the same 
        meaning as in section 2339A;
            ``(5) the term `Secretary' means the Secretary of the 
        Treasury; and
            ``(6) the term `terrorist organization' means an 
        organization designated as a terrorist organization under 
        section 219 of the Immigration and Nationality Act.''.

    (b) Clerical Amendment to Table of Sections.--The table of sections 
at the beginning of chapter 113B of title 18, United States Code, is 
amended by adding at the end the following new item:

``2339B. Providing material support or resources to designated foreign 
           terrorist organizations.''.

    (c) Technical Amendment.--
            (1) New item.--Chapter 113B of title 18, United States Code, 
        relating to torture, is redesignated as chapter 113C.
            (2) Table of chapters.--The table of chapters for part I of 
        title 18, United States Code, is amended by striking ``113B. 
        Torture'' and inserting ``113C. Torture''.

[[Page 110 STAT. 1254]]

        Subtitle B--Prohibition on Assistance to Terrorist States

SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after the section 2332c 
added by section 521 of this Act the following new section:

``Sec. 2332d. Financial transactions

    ``(a) Offense.--Except as provided in regulations issued by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
whoever, being a United States person, knowing or having reasonable 
cause to know that a country is designated under section 6(j) of the 
Export Administration Act (50 U.S.C. App. 2405) as a country supporting 
international terrorism, engages in a financial transaction with the 
government of that country, shall be fined under this title, imprisoned 
for not more than 10 years, or both.
    ``(b) Definitions.--As used in this section--
            ``(1) the term `financial transaction' has the same meaning 
        as in section 1956(c)(4); and
            ``(2) the term `United States person' means any--
                    ``(A) United States citizen or national;
                    ``(B) permanent resident alien;
                    ``(C) juridical person organized under the laws of 
                the United States; or
                    ``(D) any person in the United States.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item added by section 521 of this Act the 
following new item:

``2332d. Financial transactions.''.

    (c) <<NOTE: 18 USC 2332d note.>>  Effective Date.--The amendments 
made by this section shall become effective 120 days after the date of 
enactment of this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended to read as 
follows:

``Sec. 44906. Foreign air carrier security programs

    ``The Administrator of the Federal Aviation Administration shall 
continue in effect the requirement of section 129.25 of title 14, Code 
of Federal Regulations, that a foreign air carrier must adopt and use a 
security program approved by the Administrator. The Administrator shall 
not approve a security program of a foreign air carrier under section 
129.25, or any successor regulation, unless the security program 
requires the foreign air carrier in its operations to and from airports 
in the United States to adhere to the identical security measures that 
the Administrator requires air carriers serving the same airports to 
adhere to. The foregoing requirement shall not be interpreted to limit 
the ability of the Administrator to impose additional security measures 
on a foreign air carrier or an air carrier when the Administrator 
determines that a specific threat warrants such additional 
measures. <<NOTE: Regulations.>>  The Administrator shall prescribe 
regulations to carry out this section.''.

[[Page 110 STAT. 1255]]

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended to read as 
follows:

``Sec. 2339A. Providing material support to terrorists

    ``(a) Offense.--Whoever, within the United States, provides material 
support or resources or conceals or disguises the nature, location, 
source, or ownership of material support or resources, knowing or 
intending that they are to be used in preparation for, or in carrying 
out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m) or (n), 
844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 
2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or 
section 46502 of title 49, or in preparation for, or in carrying out, 
the concealment from the commission of any such violation, shall be 
fined under this title, imprisoned not more than 10 years, or both.
    ``(b) Definition.--In this section, the term `material support or 
resources' means currency or other financial securities, financial 
services, lodging, training, safehouses, false documentation or 
identification, communications equipment, facilities, weapons, lethal 
substances, explosives, personnel, transportation, and other physical 
assets, except medicine or religious materials.''.

SEC. 324. <<NOTE: 22 USC 2377 note.>>  FINDINGS.

    The Congress finds that--
            (1) international terrorism is among the most serious 
        transnational threats faced by the United States and its allies, 
        far eclipsing the dangers posed by population growth or 
        pollution;
            (2) the President should continue to make efforts to counter 
        international terrorism a national security priority;
            (3) because the United Nations has been an inadequate forum 
        for the discussion of cooperative, multilateral responses to the 
        threat of international terrorism, the President should 
        undertake immediate efforts to develop effective multilateral 
        responses to international terrorism as a complement to national 
        counter terrorist efforts;
            (4) the President should use all necessary means, including 
        covert action and military force, to disrupt, dismantle, and 
        destroy international infrastructure used by international 
        terrorists, including overseas terrorist training facilities and 
        safe havens;
            (5) the Congress deplores decisions to ease, evade, or end 
        international sanctions on state sponsors of terrorism, 
        including the recent decision by the United Nations Sanctions 
        Committee to allow airline flights to and from Libya despite 
        Libya's noncompliance with United Nations resolutions; and
            (6) the President should continue to undertake efforts to 
        increase the international isolation of state sponsors of 
        international terrorism, including efforts to strengthen 
        international sanctions, and should oppose any future 
        initiatives to ease sanctions on Libya or other state sponsors 
        of terrorism.

[[Page 110 STAT. 1256]]

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
            STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620F the following new 
section:

``SEC. 620G <<NOTE: President. 22 USC 2377.>> . PROHIBITION ON 
            ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES.

    ``(a) Withholding of Assistance.--The President shall withhold 
assistance under this Act to the government of any country that provides 
assistance to the government of any other country for which the 
Secretary of State has made a determination under section 620A.
    ``(b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) if the 
President determines that furnishing such assistance is important to the 
national interests of the United States and, not later than 15 days 
before obligating such assistance, furnishes a report to the appropriate 
committees of Congress including--
            ``(1) a statement of the determination;
            ``(2) a detailed explanation of the assistance to be 
        provided;
            ``(3) the estimated dollar amount of the assistance; and
            ``(4) an explanation of how the assistance furthers United 
        States national interests.''.

SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
            EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620G the following new 
section:

``SEC. 620H. <<NOTE: President. 22 USC 2378.>>  PROHIBITION ON 
            ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO 
            TERRORIST STATES.

    ``(a) Prohibition.--
            ``(1) In general.--The President shall withhold assistance 
        under this Act to the government of any country that provides 
        lethal military equipment to a country the government of which 
        the Secretary of State has determined is a terrorist government 
        for the purposes of section 6(j) of the Export Administration 
        Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2371).
            ``(2) Applicability.--The prohibition under this section 
        with respect to a foreign government shall terminate 1 year 
        after that government ceases to provide lethal military 
        equipment. This section applies with respect to lethal military 
        equipment provided under a contract entered into after the date 
        of enactment of this Act.

    ``(b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described in 
subsection (a) if the President determines that furnishing such 
assistance is important to the national interests of the United States 
and, not later than 15 days before obligating such assistance, furnishes 
a report to the appropriate committees of Congress including--
            ``(1) a statement of the determination;
            ``(2) a detailed explanation of the assistance to be 
        provided;
            ``(3) the estimated dollar amount of the assistance; and

[[Page 110 STAT. 1257]]

            ``(4) an explanation of how the assistance furthers United 
        States national interests.''.

SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
            INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 262c et 
seq.) is amended by inserting after section 1620 the following new 
section:

``SEC. 1621. <<NOTE: 22 USC 262p-4q.>>  OPPOSITION TO ASSISTANCE BY 
            INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES.

    ``(a) In General.--The Secretary of the Treasury shall instruct the 
United States executive director of each international financial 
institution to use the voice and vote of the United States to oppose any 
loan or other use of the funds of the respective institution to or for a 
country for which the Secretary of State has made a determination under 
section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 
2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2371).
    ``(b) Definition.--For purposes of this section, the term 
`international financial institution' includes--
            ``(1) the International Bank for Reconstruction and 
        Development, the International Development Association, and the 
        International Monetary Fund;
            ``(2) wherever applicable, the Inter-American Bank, the 
        Asian Development Bank, the European Bank for Reconstruction and 
        Development, the African Development Bank, and the African 
        Development Fund; and
            ``(3) any similar institution established after the date of 
        enactment of this section.''.

SEC. 328. <<NOTE: 22 USC 2349aa-10.>>  ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2349aa-2) is amended--
            (1) in subsection (c), by striking ``development and 
        implementation of the antiterrorism assistance program under 
        this chapter, including'';
            (2) by amending subsection (d) to read as follows:

    ``(d)(1) Arms and ammunition may be provided under this chapter only 
if they are directly related to antiterrorism assistance.
    ``(2) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal year 
shall not exceed 30 percent of the funds made available to carry out 
this chapter for that fiscal year.''; and
            (3) by striking subsection (f).

    (b) Assistance to Foreign Countries To Procure Explosives Detection 
Devices and Other Counterterrorism Technology.--(1) Subject to section 
575(b), up to $3,000,000 in any fiscal year may be made available--
            (A) to procure explosives detection devices and other 
        counterterrorism technology; and
            (B) for joint counterterrorism research and development 
        projects on such technology conducted with NATO and major non-
        NATO allies under the auspices of the Technical Support Working 
        Group of the Department of State.

    (2) As used in this subsection, the term ``major non-NATO allies'' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.

[[Page 110 STAT. 1258]]

    (c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
            (1) such assistance is provided for the purpose of 
        protecting the property of the United States Government or the 
        life and property of any United States citizen, or furthering 
        the apprehension of any individual involved in any act of 
        terrorism against such property or persons; and
            (2) the appropriate committees of Congress are notified not 
        later than 15 days prior to the provision of such assistance.

SEC. 329. <<NOTE: 22 USC 2349aa-10 note.>>  DEFINITION OF ASSISTANCE.

    For purposes of this title--
            (1) the term ``assistance'' means assistance to or for the 
        benefit of a government of any country that is provided by 
        grant, concessional sale, guaranty, insurance, or by any other 
        means on terms more favorable than generally available in the 
        applicable market, whether in the form of a loan, lease, credit, 
        debt relief, or otherwise, including subsidies for exports to 
        such country and favorable tariff treatment of articles that are 
        the growth, product, or manufacture of such country; and
            (2) the term ``assistance'' does not include assistance of 
        the type authorized under chapter 9 of part 1 of the Foreign 
        Assistance Act of 1961 (relating to international disaster 
        assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
            COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
            ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is 
amended by adding at the end the following:
    ``Sec. 40A. <<NOTE: President. 22 USC 2781.>>  Transactions With 
Countries Not Fully Cooperating With United States Antiterrorism 
Efforts.--

    ``(a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a fiscal 
year to a foreign country that the President determines and certifies to 
Congress, by May 15 of the calendar year in which that fiscal year 
begins, is not cooperating fully with United States antiterrorism 
efforts.
    ``(b) Waiver.--The President may waive the prohibition set forth in 
subsection (a) with respect to a specific transaction if the President 
determines that the transaction is important to the national interests 
of the United States.''.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                 Subtitle A--Removal of Alien Terrorists

SEC. 401. ALIEN TERRORIST REMOVAL.

    (a) In General.--The Immigration and Nationality Act is amended by 
adding at the end the following new title:

[[Page 110 STAT. 1259]]

              ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``SEC. 501. <<NOTE: 8 USC 1531.>>  DEFINITIONS.

    ``As used in this title--
            ``(1) the term `alien terrorist' means any alien described 
        in section 241(a)(4)(B);
            ``(2) the term `classified information' has the same meaning 
        as in section 1(a) of the Classified Information Procedures Act 
        (18 U.S.C. App.);
            ``(3) the term `national security' has the same meaning as 
        in section 1(b) of the Classified Information Procedures Act (18 
        U.S.C. App.);
            ``(4) the term `removal court' means the court described in 
        section 502;
            ``(5) the term `removal hearing' means the hearing described 
        in section 504; and
            ``(6) the term `removal proceeding' means a proceeding under 
        this title.

``SEC. 502. <<NOTE: 8 USC 1532.>>  ESTABLISHMENT OF REMOVAL COURT.

    ``(a) Designation of Judges.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court that shall have 
jurisdiction to conduct all removal proceedings. The Chief Justice may, 
in the Chief Justice's discretion, designate the same judges under this 
section as are designated pursuant to section 103(a) of the Foreign 
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
    ``(b) Terms.--Each judge designated under subsection (a) shall serve 
for a term of 5 years and shall be eligible for redesignation, except 
that of the members first designated--
            ``(1) 1 member shall serve for a term of 1 year;
            ``(2) 1 member shall serve for a term of 2 years;
            ``(3) 1 member shall serve for a term of 3 years; and
            ``(4) 1 member shall serve for a term of 4 years.

    ``(c) Chief Judge.--
            ``(1) Designation.--The Chief Justice shall publicly 
        designate one of the judges of the removal court to be the chief 
        judge of the removal court.
            ``(2) Responsibilities.--The chief judge shall--
                    ``(A) promulgate rules to facilitate the functioning 
                of the removal court; and
                    ``(B) assign the consideration of cases to the 
                various judges on the removal court.

    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in 
the same manner as they apply to proceedings under that Act.

``SEC. 503. <<NOTE: 8 USC 1533.>>  REMOVAL COURT PROCEDURE.

    ``(a) Application.--
            ``(1) In general.--In any case in which the Attorney General 
        has classified information that an alien is an alien terrorist, 
        the Attorney General may seek removal of the alien under

[[Page 110 STAT. 1260]]

        this title by filing an application with the removal court that 
        contains--
                    ``(A) the identity of the attorney in the Department 
                of Justice making the application;
                    ``(B) a certification by the Attorney General or the 
                Deputy Attorney General that the application satisfies 
                the criteria and requirements of this section;
                    ``(C) the identity of the alien for whom 
                authorization for the removal proceeding is sought; and
                    ``(D) a statement of the facts and circumstances 
                relied on by the Department of Justice to establish 
                probable cause that--
                          ``(i) the alien is an alien terrorist;
                          ``(ii) the alien is physically present in the 
                      United States; and
                          ``(iii) with respect to such alien, removal 
                      under title II would pose a risk to the national 
                      security of the United States.
            ``(2) Filing.--An application under this section shall be 
        submitted ex parte and in camera, and shall be filed under seal 
        with the removal court.

    ``(b) Right To Dismiss.--The Attorney General may dismiss a removal 
action under this title at any stage of the proceeding.
    ``(c) Consideration of Application.--
            ``(1) Basis for decision.--In determining whether to grant 
        an application under this section, a single judge of the removal 
        court may consider, ex parte and in camera, in addition to the 
        information contained in the application--
                    ``(A) other information, including classified 
                information, presented under oath or affirmation; and
                    ``(B) <<NOTE: Records.>>  testimony received in any 
                hearing on the application, of which a verbatim record 
                shall be kept.
            ``(2) Approval of order.--The judge shall issue an order 
        granting the application, if the judge finds that there is 
        probable cause to believe that--
                    ``(A) the alien who is the subject of the 
                application has been correctly identified and is an 
                alien terrorist present in the United States; and
                    ``(B) removal under title II would pose a risk to 
                the national security of the United States.
            ``(3) Denial of order.--If the judge denies the order 
        requested in the application, the judge shall prepare a written 
        statement of the reasons for the denial, taking all necessary 
        precautions not to disclose any classified information contained 
        in the Government's application.

    ``(d) Exclusive Provisions.--If an order is issued under this 
section granting an application, the rights of the alien regarding 
removal and expulsion shall be governed solely by this title, and except 
as they are specifically referenced in this title, no other provisions 
of this Act shall be applicable.

``SEC. 504. <<NOTE: 8 USC 1534.>>  REMOVAL HEARING.

    ``(a) In General.--
            ``(1) Expeditious hearing.--In any case in which an 
        application for an order is approved under section 503(c)(2), a 
        removal hearing shall be conducted under this section as 
        expeditiously as practicable for the purpose of determining

[[Page 110 STAT. 1261]]

        whether the alien to whom the order pertains should be removed 
        from the United States on the grounds that the alien is an alien 
        terrorist.
            ``(2) Public hearing.--The removal hearing shall be open to 
        the public.

    ``(b) Notice.--An alien who is the subject of a removal hearing 
under this title shall be given reasonable notice of--
            ``(1) the nature of the charges against the alien, including 
        a general account of the basis for the charges; and
            ``(2) the time and place at which the hearing will be held.

    ``(c) Rights in Hearing.--
            ``(1) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel shall 
        be appointed by the judge pursuant to the plan for furnishing 
        representation for any person financially unable to obtain 
        adequate representation for the district in which the hearing is 
        conducted, as provided for in section 3006A of title 18, United 
        States Code. All provisions of that section shall apply and, for 
        purposes of determining the maximum amount of compensation, the 
        matter shall be treated as if a felony was charged.
            ``(2) Introduction of evidence.--Subject to the limitations 
        in subsection (e), the alien shall have a reasonable opportunity 
        to introduce evidence on the alien's own behalf.
            ``(3) Examination of witnesses.--Subject to the limitations 
        in subsection (e), the alien shall have a reasonable opportunity 
        to examine the evidence against the alien and to cross-examine 
        any witness.
            ``(4) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a hearing 
        shall be kept.
            ``(5) Removal decision based on evidence at hearing.--The 
        decision of the judge regarding removal shall be based only on 
        that evidence introduced at the removal hearing.

    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        removal hearing, either the alien or the Department of Justice 
        may request the judge to issue a subpoena for the presence of a 
        named witness (which subpoena may also command the person to 
        whom it is directed to produce books, papers, documents, or 
        other objects designated therein) upon a satisfactory showing 
        that the presence of the witness is necessary for the 
        determination of any material matter. Such a request may be made 
        ex parte except that the judge shall inform the Department of 
        Justice of any request for a subpoena by the alien for a witness 
        or material if compliance with such a subpoena would reveal 
        classified evidence or the source of that evidence. The 
        Department of Justice shall be given a reasonable opportunity to 
        oppose the issuance of such a subpoena.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the process 
        and the fees of the witness so subpoenaed to be paid from funds 
        appropriated for the enforcement of title II.

[[Page 110 STAT. 1262]]

            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a witness 
        subpoenaed in connection with a civil proceeding in a court of 
        the United States.
            ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.

    ``(e) Discovery.--
            ``(1) In general.--For purposes of this title--
                    ``(A) discovery of information derived pursuant to 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.), or otherwise collected for 
                national security purposes, shall not be authorized if 
                disclosure would present a risk to the national security 
                of the United States;
                    ``(B) an alien subject to removal under this title 
                shall not be entitled to suppress evidence that the 
                alien alleges was unlawfully obtained; and
                    ``(C) section 3504 of title 18, United States Code, 
                and section 1806(c) of title 50, United States Code, 
                shall not apply if the Attorney General determines that 
                public disclosure would pose a risk to the national 
                security of the United States because it would disclose 
                classified information or otherwise threaten the 
                integrity of a pending investigation.
            ``(2) Protective orders.--Nothing in this title shall 
        prevent the United States from seeking protective orders and 
        from asserting privileges ordinarily available to the United 
        States to protect against the disclosure of classified 
        information, including the invocation of the military and State 
        secrets privileges.
            ``(3) Treatment of classified information.--
                    ``(A) Use.--The judge shall examine, ex parte and in 
                camera, any evidence for which the Attorney General 
                determines that public disclosure would pose a risk to 
                the national security of the United States or to the 
                security of any individual because it would disclose 
                classified information.
                    ``(B) Submission.--With respect to such information, 
                the Government shall submit to the removal court an 
                unclassified summary of the specific evidence that does 
                not pose that risk.
                    ``(C) Approval.--Not later than 15 days after 
                submission, the judge shall approve the summary if the 
                judge finds that it is sufficient to enable the alien to 
                prepare a defense. The Government shall deliver to the 
                alien a copy of the unclassified summary approved under 
                this subparagraph.
                    ``(D) Disapproval.--
                          ``(i) In general.--If an unclassified summary 
                      is not approved by the removal court under 
                      subparagraph (C), the Government shall be afforded 
                      15 days to correct the deficiencies identified by 
                      the court and submit a revised unclassified 
                      summary.
                          ``(ii) Revised summary.--If the revised 
                      unclassified summary is not approved by the court 
                      within 15 days

[[Page 110 STAT. 1263]]

                      of its submission pursuant to subparagraph (C), 
                      the removal hearing shall be terminated.

    ``(f) Arguments.--Following the receipt of evidence, the Government 
and the alien shall be given fair opportunity to present argument as to 
whether the evidence is sufficient to justify the removal of the alien. 
The Government shall open the argument. The alien shall be permitted to 
reply. The Government shall then be permitted to reply in rebuttal.
    ``(g) Burden of Proof.--In the hearing, it is the Government's 
burden to prove, by the preponderance of the evidence, that the alien is 
subject to removal because the alien is an alien terrorist.
    ``(h) Rules of Evidence.--The Federal Rules of Evidence shall not 
apply in a removal hearing.
    ``(i) Determination of Deportation.--If the judge, after considering 
the evidence on the record as a whole, finds that the Government has met 
its burden, the judge shall order the alien removed and detained pending 
removal from the United States. If the alien was released pending the 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
    ``(j) Written Order.--At the time of issuing a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law.
    ``(k) No Right to Ancillary Relief.--At no time shall the judge 
consider or provide for relief from removal based on--
            ``(1) asylum under section 208;
            ``(2) withholding of deportation under section 243(h);
            ``(3) suspension of deportation under subsection (a) or (e) 
        of section 244;
            ``(4) adjustment of status under section 245; or
            ``(5) registry under section 249.

``SEC. 505. <<NOTE: 8 USC 1535.>>  APPEALS.

    ``(a) Appeal of Denial of Application for Removal Proceedings.--
            ``(1) In general.--The Attorney General may seek a review of 
        the denial of an order sought in an application filed pursuant 
        to section 503. The appeal shall be filed in the United States 
        Court of Appeals for the District of Columbia Circuit by notice 
        of appeal filed not later than 20 days after the date of such 
        denial.
            ``(2) Record on appeal.--The entire record of the proceeding 
        shall be transmitted to the Court of Appeals under seal, and the 
        Court of Appeals shall hear the matter ex parte.
            ``(3) Standard of review.--The Court of Appeals shall--
                    ``(A) review questions of law de novo; and
                    ``(B) set aside a finding of fact only if such 
                finding was clearly erroneous.

    ``(b) Appeal of Determination Regarding Summary of Classified 
Information.--
            ``(1) In general.--The United States may take an 
        interlocutory appeal to the United States Court of Appeals for 
        the District of Columbia Circuit of--
                    ``(A) any determination by the judge pursuant to 
                section 504(e)(3); or
                    ``(B) the refusal of the court to make the findings 
                permitted by section 504(e)(3).

[[Page 110 STAT. 1264]]

            ``(2) Record.--In any interlocutory appeal taken pursuant to 
        this subsection, the entire record, including any proposed order 
        of the judge, any classified information and the summary of 
        evidence, shall be transmitted to the Court of Appeals. The 
        classified information shall be transmitted under seal. A 
        verbatim record of such appeal shall be kept under seal in the 
        event of any other judicial review.

    ``(c) Appeal of Decision in Hearing.--
            ``(1) In general.--The decision of the judge after a removal 
        hearing may be appealed by either the alien or the Attorney 
        General to the United States Court of Appeals for the District 
        of Columbia Circuit by notice of appeal filed not later than 20 
        days after the date on which the order is issued. The order 
        shall not be enforced during the pendency of an appeal under 
        this subsection.
            ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to this subsection--
                    ``(A) the entire record shall be transmitted to the 
                Court of Appeals; and
                    ``(B) information received in camera and ex parte, 
                and any portion of the order that would reveal the 
                substance or source of such information, shall be 
                transmitted under seal.
            ``(3) Expedited appellate proceeding.--In an appeal or 
        review to the Court of Appeals under this subsection--
                    ``(A) the appeal or review shall be heard as 
                expeditiously as practicable and the court may dispense 
                with full briefing and hear the matter solely on the 
                record of the judge of the removal court and on such 
                briefs or motions as the court may require to be filed 
                by the parties;
                    ``(B) the Court of Appeals shall issue an opinion 
                not later than 60 days after the date of the issuance of 
                the final order of the district court;
                    ``(C) the court shall review all questions of law de 
                novo; and
                    ``(D) a finding of fact shall be accorded deference 
                by the reviewing court and shall not be set aside unless 
                such finding was clearly erroneous.

    ``(d) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (c), the alien or the Attorney General may 
petition the Supreme Court for a writ of certiorari. In any such case, 
any information transmitted to the Court of Appeals under seal shall, if 
such information is also submitted to the Supreme Court, be transmitted 
under seal. Any order of removal shall not be stayed pending disposition 
of a writ of certiorari, except as provided by the Court of Appeals or a 
Justice of the Supreme Court.
    ``(e) Appeal of Detention Order.--
            ``(1) In general.--Sections 3145 through 3148 of title 18, 
        United States Code, pertaining to review and appeal of a release 
        or detention order, penalties for failure to appear, penalties 
        for an offense committed while on release, and sanctions for 
        violation of a release condition shall apply to an alien to whom 
        section 507(b)(1) applies. In applying the previous sentence--
                    ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit; and

[[Page 110 STAT. 1265]]

                    ``(B) for purposes of section 3146 of such title the 
                alien shall be considered released in connection with a 
                charge of an offense punishable by life imprisonment.
            ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        507(b)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.

``SEC. 506. <<NOTE: 8 USC 1536.>>  CUSTODY AND RELEASE PENDING REMOVAL 
            HEARING.

    ``(a) Upon Filing Application.--
            ``(1) In general.--Subject to paragraphs (2) and (3), the 
        Attorney General may--
                    ``(A) take into custody any alien with respect to 
                whom an application under section 503 has been filed; 
                and
                    ``(B) retain such an alien in custody in accordance 
                with the procedures authorized by this title.
            ``(2) Special rules for permanent resident aliens.--
                    ``(A) Release hearing.--An alien lawfully admitted 
                for permanent residence shall be entitled to a release 
                hearing before the judge assigned to hear the removal 
                hearing. Such an alien shall be detained pending the 
                removal hearing, unless the alien demonstrates to the 
                court that the alien--
                          ``(i) is a person lawfully admitted for 
                      permanent residence in the United States;
                          ``(ii) if released upon such terms and 
                      conditions as the court may prescribe (including 
                      the posting of any monetary amount), is not likely 
                      to flee; and
                          ``(iii) will not endanger national security, 
                      or the safety of any person or the community, if 
                      released.
                    ``(B) Information considered.--The judge may 
                consider classified information submitted in camera and 
                ex parte in making a determination whether to release an 
                alien pending the removal hearing.
            ``(3) Release if order denied and no review sought.--
                    ``(A) In general.--Subject to subparagraph (B), if a 
                judge of the removal court denies the order sought in an 
                application filed pursuant to section 503, and the 
                Attorney General does not seek review of such denial, 
                the alien shall be released from custody.
                    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.

    ``(b) Conditional Release if Order Denied and Review Sought.--
            ``(1) In general.--If a judge of the removal court denies 
        the order sought in an application filed pursuant to section 503 
        and the Attorney General seeks review of such denial, the judge 
        shall release the alien from custody subject to the least 
        restrictive condition, or combination of conditions, of release 
        described in section 3142(b) and clauses (i) through (xiv) of 
        section 3142(c)(1)(B) of title 18, United States Code, that--

[[Page 110 STAT. 1266]]

                    ``(A) will reasonably assure the appearance of the 
                alien at any future proceeding pursuant to this title; 
                and
                    ``(B) will not endanger the safety of any other 
                person or the community.
            ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, as described in 
        paragraph (1), the alien shall remain in custody until the 
        completion of any appeal authorized by this title.

``SEC. 507. <<NOTE: 8 USC 1537.>>  CUSTODY AND RELEASE AFTER REMOVAL 
            HEARING.

    ``(a) Release.--
            ``(1) In general.--Subject to paragraph (2), if the judge 
        decides that an alien should not be removed, the alien shall be 
        released from custody.
            ``(2) Custody pending appeal.--If the Attorney General takes 
        an appeal from such decision, the alien shall remain in custody, 
        subject to the provisions of section 3142 of title 18, United 
        States Code.

    ``(b) Custody and Removal.--
            ``(1) Custody.--If the judge decides that an alien shall be 
        removed, the alien shall be detained pending the outcome of any 
        appeal. After the conclusion of any judicial review thereof 
        which affirms the removal order, the Attorney General shall 
        retain the alien in custody and remove the alien to a country 
        specified under paragraph (2).
            ``(2) Removal.--
                    ``(A) In general.--The removal of an alien shall be 
                to any country which the alien shall designate if such 
                designation does not, in the judgment of the Attorney 
                General, in consultation with the Secretary of State, 
                impair the obligation of the United States under any 
                treaty (including a treaty pertaining to extradition) or 
                otherwise adversely affect the foreign policy of the 
                United States.
                    ``(B) Alternate countries.--If the alien refuses to 
                designate a country to which the alien wishes to be 
                removed or if the Attorney General, in consultation with 
                the Secretary of State, determines that removal of the 
                alien to the country so designated would impair a treaty 
                obligation or adversely affect United States foreign 
                policy, the Attorney General shall cause the alien to be 
                removed to any country willing to receive such alien.
                    ``(C) Continued detention.--If no country is willing 
                to receive such an alien, the Attorney General may, 
                notwithstanding any other provision of law, retain the 
                alien in custody. The Attorney General, in coordination 
                with the Secretary of State, shall make periodic efforts 
                to reach agreement with other countries to accept such 
                an alien and at least every 6 months shall provide to 
                the attorney representing the alien at the removal 
                hearing a written report on the Attorney General's 
                efforts. Any alien in custody pursuant to this 
                subparagraph shall be released from custody solely at 
                the discretion of the Attorney General and subject to 
                such conditions as the Attorney General shall deem 
                appropriate.
                    ``(D) Fingerprinting.--Before an alien is removed 
                from the United States pursuant to this subsection, or 
                pursuant to an order of exclusion because such alien is 
                excludable

[[Page 110 STAT. 1267]]

                under section 212(a)(3)(B), the alien shall be 
                photographed and fingerprinted, and shall be advised of 
                the provisions of section 276(b).

    ``(c) Continued Detention Pending Trial.--
            ``(1) Delay in removal.--The Attorney General may hold in 
        abeyance the removal of an alien who has been ordered removed, 
        pursuant to this title, to allow the trial of such alien on any 
        Federal or State criminal charge and the service of any sentence 
        of confinement resulting from such a trial.
            ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
        authorities for confinement in a State facility is appropriate 
        and would not endanger national security or public safety.
            ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1), 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to the removal of the alien under this 
        title.

    ``(d) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant to 
this title shall be subject to the penalties provided by those sections 
in relation to a person committed to the custody of the Attorney General 
by virtue of an arrest on a charge of a felony.
    ``(e) Rights of Aliens in Custody.--
            ``(1) Family and attorney visits.--An alien in the custody 
        of the Attorney General pursuant to this title shall be given 
        reasonable opportunity, as determined by the Attorney General, 
        to communicate with and receive visits from members of the 
        alien's family, and to contact, retain, and communicate with an 
        attorney.
            ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.

    (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Section 106(b) of the Immigration and Nationality Act (8 U.S.C. 
1105a(b)) is amended by adding at the end the following sentence: 
``Jurisdiction to review an order entered pursuant to the provisions of 
section 235(c) concerning an alien excludable under section 212(a)(3)(B) 
shall rest exclusively in the United States Court of Appeals for the 
District of Columbia Circuit.''.
    (c) Criminal Penalty for Reentry of Alien Terrorists.--Section 
276(b) of such Act (8 U.S.C. 1326(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1),

[[Page 110 STAT. 1268]]

            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) who has been excluded from the United States pursuant 
        to section 235(c) because the alien was excludable under section 
        212(a)(3)(B) or who has been removed from the United States 
        pursuant to the provisions of title V, and who thereafter, 
        without the permission of the Attorney General, enters the 
        United States, or attempts to do so, shall be fined under title 
        18, United States Code, and imprisoned for a period of 10 years, 
        which sentence shall not run concurrently with any other 
        sentence.''.

    (d) Table of Contents.--The Immigration and Nationality Act is 
amended by adding at the end of the table of contents the following:

              ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.

    (e) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended--
            (1) in paragraph (8), by adding ``and'' at the end;
            (2) in paragraph (9), by striking ``; and'' at the end and 
        inserting a period; and
            (3) by striking paragraph (10).

    (f) <<NOTE: 8 USC 1105a note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date of enactment of this 
Act and shall apply to all aliens without regard to the date of entry or 
attempted entry into the United States.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                              Organizations

SEC. 411. EXCLUSION OF ALIEN TERRORISTS.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)--
                    (A) in subclause (I), by striking ``or'' at the end;
                    (B) in subclause (II), by inserting ``is engaged in 
                or'' after ``believe,''; and
                    (C) by inserting after subclause (II) the following:
                                    ``(III) is a representative (as 
                                defined in clause (iv)) of a foreign 
                                terrorist organization, as designated by 
                                the Secretary under section 219, or
                                    ``(IV) is a member of a foreign 
                                terrorist organization, as designated by 
                                the Secretary under section 219,''; and
            (2) by adding at the end the following:
                          ``(iv) Representative defined.--As used in 
                      this paragraph, the term `representative' includes 
                      an officer,

[[Page 110 STAT. 1269]]

                      official, or spokesman of an organization, and any 
                      person who directs, counsels, commands, or induces 
                      an organization or its members to engage in 
                      terrorist activity.''.

SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
            FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 
1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as subparagraphs 
        (A) and (B), respectively, and indenting each new subparagraph 2 
        ems to the right;
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraphs (2) and (3), if''; and
            (3) by adding at the end the following new paragraphs:
          ``(2) The Secretary of State may waive the requirements of 
        paragraph (1) with respect to a particular alien or any class or 
        classes of excludable aliens.
            ``(3) Paragraph (1) does not apply to any alien excludable 
        under paragraph (2) or (3) of subsection (a).''.

SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

    (a) Withholding of Deportation.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (D), an alien who is described in section 241(a)(4)(B) 
shall be considered to be an alien for whom there are reasonable grounds 
for regarding as a danger to the security of the United States.''.
    (b) Suspension of Deportation.--Section 244(a) of such Act (8 U.S.C. 
1254(a)) is amended by striking ``section 241(a)(4)(D)'' and inserting 
``subparagraph (B) or (D) of section 241(a)(4)''.
    (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C. 
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or'' 
after ``who is deportable''.
    (d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C. 
1255(c)) is amended--
            (1) by striking ``or'' before ``(5)'', and
            (2) by inserting before the period at the end the following: 
        ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.

    (e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is 
amended by inserting ``and is not deportable under section 
241(a)(4)(B)'' after ``ineligible to citizenship''.
    (f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) is 
amended by adding at the end the following:
    ``(3) Notwithstanding any other provision of law, paragraph (1) 
shall apply to any alien if the Attorney General determines, in the 
discretion of the Attorney General, that--
            ``(A) such alien's life or freedom would be threatened, in 
        the country to which such alien would be deported or returned, 
        on account of race, religion, nationality, membership in a 
        particular social group, or political opinion; and
            ``(B) the application of paragraph (1) to such alien is 
        necessary to ensure compliance with the 1967 United Nations 
        Protocol Relating to the Status of Refugees.''.

    (g) <<NOTE: 8 USC 1253 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the date of the enactment of this 
Act and

[[Page 110 STAT. 1270]]

shall apply to applications filed before, on, or after such date if 
final action has not been taken on them before such date.

SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1251) is amended by adding at the end the following new 
subsection:
    ``(d) Notwithstanding any other provision of this title, an alien 
found in the United States who has not been admitted to the United 
States after inspection in accordance with section 235 is deemed for 
purposes of this Act to be seeking entry and admission to the United 
States and shall be subject to examination and exclusion by the Attorney 
General under chapter 4. In the case of such an alien the Attorney 
General shall provide by regulation an opportunity for the alien to 
establish that the alien was so admitted.''.
    (b) <<NOTE: 8 USC 1251 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on the first day of the first month 
beginning more than 180 days after the date of the enactment of this 
Act.

              Subtitle C--Modification to Asylum Procedures

SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

    (a) In General.--Section 208(a) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: 
``The Attorney General may not grant an alien asylum if the Attorney 
General determines that the alien is excludable under subclause (I), 
(II), or (III) of section 212(a)(3)(B)(i) or deportable under section 
241(a)(4)(B), unless the Attorney General determines, in the discretion 
of the Attorney General, that there are not reasonable grounds for 
regarding the alien as a danger to the security of the United States.''.
    (b) <<NOTE: 8 USC 1158 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect on the date of the enactment of this 
Act and apply to asylum determinations made on or after such date.

SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Subsection (b) of section 235 of the Immigration 
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
    ``(b)(1)(A) If the examining immigration officer determines that an 
alien seeking entry--
            ``(i) is excludable under section 212(a)(6)(C) or 212(a)(7), 
        and
            ``(ii) does not indicate either an intention to apply for 
        asylum under section 208 or a fear of persecution,

the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(B) The examining immigration officer shall refer for an interview 
by an asylum officer under subparagraph (C) any alien who is excludable 
under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention 
to apply for asylum under section 208 or a fear of persecution.

[[Page 110 STAT. 1271]]

    ``(C)(i) An asylum officer shall promptly conduct interviews of 
aliens referred under subparagraph (B).
    ``(ii) If the officer determines at the time of the interview that 
an alien has a credible fear of persecution (as defined in clause (v)), 
the alien shall be detained for an asylum hearing before an asylum 
officer under section 208.
    ``(iii)(I) Subject to subclause (II), if the officer determines that 
the alien does not have a credible fear of persecution, the officer 
shall order the alien excluded from the United States without further 
hearing or review.
    ``(II) <<NOTE: Regulations.>>  The Attorney General shall promulgate 
regulations to provide for the immediate review by a supervisory asylum 
office at the port of entry of a determination under subclause (I).

    ``(iv) The Attorney General shall provide information concerning the 
asylum interview described in this subparagraph to aliens who may be 
eligible. An alien who is eligible for such interview may consult with a 
person or persons of the alien's choosing prior to the interview or any 
review thereof, according to regulations prescribed by the Attorney 
General. Such consultation shall be at no expense to the Government and 
shall not delay the process.
    ``(v) For purposes of this subparagraph, the term `credible fear of 
persecution' means (I) that it is more probable than not that the 
statements made by the alien in support of the alien's claim are true, 
and (II) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer, that the 
alien could establish eligibility for asylum under section 208.
    ``(D) As used in this paragraph, the term `asylum officer' means an 
immigration officer who--
            ``(i) has had professional training in country conditions, 
        asylum law, and interview techniques; and
            ``(ii) is supervised by an officer who meets the condition 
        in clause (i).

    ``(E)(i) An exclusion order entered in accordance with subparagraph 
(A) is not subject to administrative appeal, except that the Attorney 
General shall provide by regulation for prompt review of such an order 
against an alien who claims under oath, or as permitted under penalty of 
perjury under section 1746 of title 28, United States Code, after having 
been warned of the penalties for falsely making such claim under such 
conditions, to have been lawfully admitted for permanent residence.
    ``(ii) In any action brought against an alien under section 275(a) 
or section 276, the court shall not have jurisdiction to hear any claim 
attacking the validity of an order of exclusion entered under 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) to an alien crewman,
            ``(ii) to an alien described in paragraph (1)(A) or 
        (1)(C)(iii)(I), or
            ``(iii) if the conditions described in section 273(d) exist.

    ``(3) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate

[[Page 110 STAT. 1272]]

to take the alien whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.''.
    (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(1), 
        deportation'', and
            (2) in the first sentence of paragraph (2), by striking 
        ``If'' and inserting ``Subject to section 235(b)(1), if''.

    (c) <<NOTE: 8 USC 1225 note.>>  Effective Date.--The amendments made 
by this section shall take effect on the first day of the first month 
that begins more than 180 days after the date of the enactment of this 
Act.

SEC. 423. JUDICIAL REVIEW.

    (a) Preclusion of Judicial Review.--Section 106 of the Immigration 
and Nationality Act (8 U.S.C. 1105a) is amended--
            (1) by amending the section heading to read as follows:

 ``judicial review of orders of deportation and exclusion, and special 
                            exclusion''; and

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

    ``(e)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of section 
235(b)(1). Regardless of the nature of the action or claim, or the party 
or parties bringing the action, no court shall have jurisdiction or 
authority to enter declaratory, injunctive, or other equitable relief 
not specifically authorized in this subsection nor to certify a class 
under Rule 23 of the Federal Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that the petitioner's claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially excluded 
        under section 235(b)(1)(A); and
            ``(C) whether the petitioner can prove by a preponderance of 
        the evidence that the petitioner is an alien lawfully admitted 
        for permanent residence and is entitled to such review as is 
        provided by the Attorney General pursuant to section 
        235(b)(1)(E)(i).

    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in accordance 
with section 235(c) or 273(d).
    ``(4) In determining whether an alien has been ordered specially 
excluded, the court's inquiry shall be limited to whether such an order 
was in fact issued and whether it relates to the petitioner.''.
    (b) Preclusion of Collateral Attacks.--Section 235 of such Act (8 
U.S.C. 1225) is amended by adding at the end the following new 
subsection:

[[Page 110 STAT. 1273]]

    ``(d) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under section 275 or section 276, 
no court shall have jurisdiction to hear claims collaterally attacking 
the validity of orders of exclusion, special exclusion, or deportation 
entered under this section or sections 236 and 242.''.
    (c) Clerical Amendment.--The item relating to section 106 in the 
table of contents of such Act is amended to read as follows:

``Sec. 106. Judicial review of orders of deportation and exclusion, and 
           special exclusion.''.

           Subtitle D--Criminal Alien Procedural Improvements

SEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION 
            FILES THROUGH COURT ORDER.

    (a) Confidentiality of Information.--Section 245A(c)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by inserting ``(i)'' after ``except the Attorney 
        General''; and
            (2) by inserting after ``Title 13'' the following: ``and 
        (ii) may authorize an application to a Federal court of 
        competent jurisdiction for, and a judge of such court may grant, 
        an order authorizing disclosure of information contained in the 
        application of the alien to be used--
                    ``(I) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated; or
                    ``(II) for criminal law enforcement purposes against 
                the alien whose application is to be disclosed.''.

    (b) Applications for Adjustment of Status.--Section 210(b) of the 
Immigration and Nationality Act (8 U.S.C. 1160(b)) is 
amended--
            (1) in paragraph (5), by inserting ``, except as allowed by 
        a court order issued pursuant to paragraph (6) of this 
        subsection'' after ``consent of the alien''; and
            (2) in paragraph (6), by inserting the following sentence 
        before ``Anyone who uses'': ``Notwithstanding the preceding 
        sentence, the Attorney General may authorize an application to a 
        Federal court of competent jurisdiction for, and a judge of such 
        court may grant an order authorizing, disclosure of information 
        contained in the application of the alien to be used for 
        identification of the alien when there is reason to believe that 
        the alien has been killed or severely incapacitated, or for 
        criminal law enforcement purposes against the alien whose 
        application is to be disclosed or to discover information 
        leading to the location or identity of the alien.''.

SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322) <<NOTE: 8 USC 1252 note.>>  is amended 
to read as follows:

    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of the 
Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The

[[Page 110 STAT. 1274]]

criminal alien identification system shall be used to assist Federal, 
State, and local law enforcement agencies in identifying and locating 
aliens who may be subject to deportation by reason of their conviction 
of aggravated felonies.''.

SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
            PREDICATE OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended--
            (1) by inserting ``section 1028 (relating to fraud and 
        related activity in connection with identification documents) if 
        the act indictable under section 1028 was committed for the 
        purpose of financial gain,'' before ``section 1029'';
            (2) by inserting ``section 1542 (relating to false statement 
        in application and use of passport) if the act indictable under 
        section 1542 was committed for the purpose of financial gain, 
        section 1543 (relating to forgery or false use of passport) if 
        the act indictable under section 1543 was committed for the 
        purpose of financial gain, section 1544 (relating to misuse of 
        passport) if the act indictable under section 1544 was committed 
        for the purpose of financial gain, section 1546 (relating to 
        fraud and misuse of visas, permits, and other documents) if the 
        act indictable under section 1546 was committed for the purpose 
        of financial gain, sections 1581-1588 (relating to peonage and 
        slavery),'' after ``section 1513 (relating to retaliating 
        against a witness, victim, or an informant),'';
            (3) by striking ``or'' before ``(E)''; and
            (4) by inserting before the period at the end the following: 
        ``, or (F) any act which is indictable under the Immigration and 
        Nationality Act, section 274 (relating to bringing in and 
        harboring certain aliens), section 277 (relating to aiding or 
        assisting certain aliens to enter the United States), or section 
        278 (relating to importation of alien for immoral purpose) if 
        the act indictable under such section of such Act was committed 
        for the purpose of financial gain''.

SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (n),
            (2) by redesignating paragraph (o) as paragraph (p), and
            (3) by inserting after paragraph (n) the following new 
        paragraph:
            ``(o) a felony violation of section 1028 (relating to 
        production of false identification documents), section 1542 
        (relating to false statements in passport applications), section 
        1546 (relating to fraud and misuse of visas, permits, and other 
        documents) of this title or a violation of section 274, 277, or 
        278 of the Immigration and Nationality Act (relating to the 
        smuggling of aliens); or''.

SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
            TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.

[[Page 110 STAT. 1275]]

    (b) <<NOTE: 8 USC 1251 note.>>  Effective Date.--The amendment made 
by subsection (a) shall apply to aliens against whom deportation 
proceedings are initiated after the date of the enactment of this Act.

SEC. 436. MISCELLANEOUS PROVISIONS.

    (a) Use of Electronic and Telephonic Media in Deportation 
Hearings.--The second sentence of section 242(b) of the Immigration and 
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the 
period the following: ``; except that nothing in this subsection shall 
preclude the Attorney General from authorizing proceedings by electronic 
or telephonic media (with the consent of the alien) or, where waived or 
agreed to by the parties, in the absence of the alien''.
    (b) Codification.--
            (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended 
        by adding at the end the following: ``Nothing in this subsection 
        shall be construed to create any substantive or procedural right 
        or benefit that is legally enforceable by any party against the 
        United States or its agencies or officers or any other 
        person.''.
            (2) Section 225 of the Immigration and Nationality Technical 
        Corrections Act of 1994 (Public Law 103-416) <<NOTE: 8 USC 1101 
        note.>>  is amended by striking ``and nothing in'' and all that 
        follows through ``1252(i))''.
            (3) <<NOTE: Effective date. 8 USC 1252 note.>>  The 
        amendments made by this subsection shall take effect as if 
        included in the enactment of the Immigration and Nationality 
        Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 437. <<NOTE: 8 USC 1253 note.>>  INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, the 
Attorney General and the Commissioner of Immigration and Naturalization 
shall develop and implement a program in which aliens who previously 
have illegally entered the United States not less than 3 times and are 
deported or returned to a country contiguous to the United States will 
be returned to locations not less than 500 kilometers from that 
country's border with the United States.

SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
            SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the Attorney 
        General, if the Attorney General determines that (i) the alien 
        is confined pursuant to a final conviction for a nonviolent 
        offense (other than alien smuggling), and (ii) such deportation 
        of the alien is appropriate and in the best interest of the 
        United States; or

[[Page 110 STAT. 1276]]

            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State official 
        exercising authority with respect to the incarceration of the 
        alien determines that (i) the alien is confined pursuant to a 
        final conviction for a nonviolent offense (other than alien 
        smuggling), (ii) such deportation is appropriate and in the best 
        interest of the State, and (iii) submits a written request to 
        the Attorney General that such alien be so deported.

    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(c) Any alien deported pursuant to section 242(h)(2) who enters, 
attempts to enter, or is at any time found in, the United States (unless 
the Attorney General has expressly consented to such alien's reentry) 
shall be incarcerated for the remainder of the sentence of imprisonment 
which was pending at the time of deportation without any reduction for 
parole or supervised release. Such alien shall be subject to such other 
penalties relating to the reentry of deported aliens as may be available 
under this section or any other provision of law.''.

SEC. 439. <<NOTE: 8 USC 1252c.>>  AUTHORIZING STATE AND LOCAL LAW 
            ENFORCEMENT OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL 
            ALIENS.

    (a) In General.--Notwithstanding any other provision of law, to the 
extent permitted by relevant State and local law, State and local law 
enforcement officials are authorized to arrest and detain an individual 
who--
            (1) is an alien illegally present in the United States; and
            (2) has previously been convicted of a felony in the United 
        States and deported or left the United States after such 
        conviction,

but only after the State or local law enforcement officials obtain 
appropriate confirmation from the Immigration and Naturalization Service 
of the status of such individual and only for such period of time as may 
be required for the Service to take the individual into Federal custody 
for purposes of deporting or removing the alien from the United States.
    (b) Cooperation.--The Attorney General shall cooperate with the 
States to assure that information in the control of the Attorney 
General, including information in the National Crime Information Center, 
that would assist State and local law enforcement officials in carrying 
out duties under subsection (a) is made available to such officials.

SEC. 440. CRIMINAL ALIEN REMOVAL.

    (a) Judicial Review.--Section 106 of the Immigration and Nationality 
Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows:
            ``(10) Any final order of deportation against an alien who 
        is deportable by reason of having committed a criminal offense 
        covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any 
        offense covered by section 241(a)(2)(A)(ii) for which both predi

[[Page 110 STAT. 1277]]

        cate offenses are covered by section 241(a)(2)(A)(i), shall not 
        be subject to review by any court.''.

    (b) Final Order of Deportation Defined.--Section 101(a) of such Act 
(8 U.S.C. 1101(a)) is amended by adding at the end the following new 
paragraph:
    ``(47)(A) The term `order of deportation' means the order of the 
special inquiry officer, or other such administrative officer to whom 
the Attorney General has delegated the responsibility for determining 
whether an alien is deportable, concluding that the alien is deportable 
or ordering deportation.
    ``(B) The order described under subparagraph (A) shall become final 
upon the earlier of--
            ``(i) a determination by the Board of Immigration Appeals 
        affirming such order; or
            ``(ii) the expiration of the period in which the alien is 
        permitted to seek review of such order by the Board of 
        Immigration Appeals.''.

    (c) <<NOTE: 8 USC 1252.>>  Arrest and Custody.--Section 242(a)(2) of 
such Act is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``(2)(A) The Attorney'' and 
                inserting ``(2) The Attorney'';
                    (B) by striking ``an aggravated felony upon'' and 
                all that follows through ``of the same offense)'' and 
                inserting ``any criminal offense covered in section 
                241(a)(2) (A)(iii), (B), (C), or (D), or any offense 
                covered by section 241(a)(2)(A)(ii) for which both 
                predicate offenses are covered by section 
                241(a)(2)(A)(i), upon release of the alien from 
                incarceration, shall deport the alien as expeditiously 
                as possible''; and
                    (C) by striking ``but subject to subparagraph (B)''; 
                and
            (2) by striking subparagraph (B).

    (d) Classes of Excludable Aliens.--Section 212(c) of such Act (8 
U.S.C. 1182(c)) is amended--
            (1) by striking ``The first sentence of this'' and inserting 
        ``This''; and
            (2) by striking ``has been convicted of one or more 
        aggravated felonies'' and all that follows through the end and 
        inserting ``is deportable by reason of having committed any 
        criminal offense covered in section 241(a)(2) (A)(iii), (B), 
        (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) 
        for which both predicate offenses are covered by section 
        241(a)(2)(A)(i).''.

    (e) Aggravated Felony Defined.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by 
section 222 of the Immigration and Nationality Technical Corrections Act 
of 1994 (Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                          ``(ii) is described in section 2421, 2422, or 
                      2423 of title 18, United States Code (relating to 
                      transpor

[[Page 110 STAT. 1278]]

                      tation for the purpose of prostitution) for 
                      commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely making, 
                forging, counterfeiting, mutilating, or altering a 
                passport or instrument in violation of section 1543 of 
                title 18, United States Code, or is described in section 
                1546(a) of such title (relating to document fraud) and 
                (ii) for which the term of imprisonment imposed 
                (regardless of any suspension of such imprisonment) is 
                at least 18 months;'';
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on the 
                basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so redesignated, 
        the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may be 
                imposed;
                    ``(S) an offense relating to obstruction of justice, 
                perjury or subornation of perjury, or bribery of a 
                witness, for which a sentence of 5 years' imprisonment 
                or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to or 
                dispose of a charge of a felony for which a sentence of 
                2 years' imprisonment or more may be imposed; and''.

    (f) <<NOTE: 8 USC 1101 note.>>  Effective Date.--The amendments made 
by subsection (e) shall apply to convictions entered on or after the 
date of the enactment of this Act, except that the amendment made by 
subsection (e)(3) shall take effect as if included in the enactment of 
section 222 of the Immigration and Nationality Technical Corrections Act 
of 1994.

    (g) Deportation of Criminal Aliens.--Section 242A(a) of such Act (8 
U.S.C. 1252a) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``aggravated felonies (as defined in 
                section 101(a)(43) of this title)'' and inserting ``any 
                criminal offense covered in section 241(a)(2) (A)(iii), 
                (B), (C), or (D), or any offense covered by section 
                241(a)(2)(A)(ii) for which both predicate offenses are 
                covered by section 241(a)(2)(A)(i).''; and
                    (B) by striking ``, where warranted,'';
            (2) in paragraph (2), by striking ``aggravated felony'' and 
        all that follows through ``before any scheduled hearings.'' and

[[Page 110 STAT. 1279]]

        inserting ``any criminal offense covered in section 241(a)(2) 
        (A)(iii), (B), (C), or (D), or any offense covered by section 
        241(a)(2)(A)(ii) for which both predicate offenses are covered 
        by section 241(a)(2)(A)(i).''.

    (h) Deadlines for Deporting Alien.--Section 242(c) of such Act (8 
U.S.C. 1252(c)) is amended--
            (1) by striking ``(c) When a final order'' and inserting 
        ``(c)(1) Subject to paragraph (2), when a final order''; and
            (2) by inserting at the end the following new paragraph:

    ``(2) When a final order of deportation under administrative process 
is made against any alien who is deportable by reason of having 
committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), 
(C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which 
both predicate offenses are covered by section 241(a)(2)(A)(i), the 
Attorney General shall have 30 days from the date of the order within 
which to effect the alien's departure from the United States. The 
Attorney General <<NOTE: Waiver.>>  shall have sole and unreviewable 
discretion to waive the foregoing provision for aliens who are 
cooperating with law enforcement authorities or for purposes of national 
security.''.

SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
            ORDER.

    (a) In General.--Section 276 of the Immigration and Nationality Act 
(8 U.S.C. 1326) is amended by adding at the end the following new 
subsection:
    ``(d) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.

    (b) <<NOTE: 8 USC 1326 note.>>  Effective Date.--The amendment made 
by subsection (a) shall apply to criminal proceedings initiated after 
the date of enactment of this Act.

SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT 
            PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration and 
Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of 
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 
103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as follows:
                    ``(B) had permanent resident status on a conditional 
                basis (as described in section 216) at the time that 
                proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proccedings'' and 
        inserting ``proceedings'';
            (4) in paragraph (4)--

[[Page 110 STAT. 1280]]

                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by adding after subparagraph (C) the following 
                new subparagraphs:
                    ``(D) such proceedings are conducted in, or 
                translated for the alien into, a language the alien 
                understands;
                    ``(E) a determination is made for the record at such 
                proceedings that the individual who appears to respond 
                in such a proceeding is an alien subject to such an 
                expedited proceeding under this section and is, in fact, 
                the alien named in the notice for such proceeding;''.
            (5) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.

    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) <<NOTE: Regulations. Publication. 8 USC 1105a note.>>  Effective 
Date.--The amendments made by this section shall become effective no 
later than 60 days after the publication by the Attorney General of 
implementing regulations that shall be published on or before January 1, 
1997.

SEC. 443. EXTRADITION OF ALIENS.

    (a) Scope.--Section 3181 of title 18, United States Code, is 
amended--
            (1) by inserting ``(a)'' before ``The provisions of this 
        chapter''; and
            (2) by adding at the end the following new subsections:

    ``(b) The provisions of this chapter shall be construed to permit, 
in the exercise of comity, the surrender of persons, other than 
citizens, nationals, or permanent residents of the United States, who 
have committed crimes of violence against nationals of the United States 
in foreign countries without regard to the existence of any treaty of 
extradition with such foreign government if the Attorney General 
certifies, in writing, that--
            ``(1) evidence has been presented by the foreign government 
        that indicates that had the offenses been committed in the 
        United States, they would constitute crimes of violence as 
        defined under section 16 of this title; and
            ``(2) the offenses charged are not of a political nature.

    ``(c) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.

[[Page 110 STAT. 1281]]

    (b) Fugitives.--Section 3184 of title 18, United States Code, is 
amended--
            (1) in the first sentence by inserting after ``United States 
        and any foreign government,'' the following: ``or in cases 
        arising under section 3181(b),'';
            (2) in the first sentence by inserting after ``treaty or 
        convention,'' the following: ``or provided for under section 
        3181(b),''; and
            (3) in the third sentence by inserting after ``treaty or 
        convention,'' the following: ``or under section 3181(b),''.

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

                      Subtitle A--Nuclear Materials

SEC. 501. <<NOTE: 18 USC 831 note.>>  FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) nuclear materials, including byproduct materials, can be 
        used to create radioactive dispersal devices that are capable of 
        causing serious bodily injury as well as substantial damage to 
        property and to the environment;
            (2) the potential use of nuclear materials, including 
        byproduct materials, enhances the threat posed by terrorist 
        activities and thereby has a greater effect on the security 
        interests of the United States;
            (3) due to the widespread hazards presented by the threat of 
        nuclear contamination, as well as nuclear bombs, the United 
        States has a strong interest in ensuring that persons who are 
        engaged in the illegal acquisition and use of nuclear materials, 
        including byproduct materials, are prosecuted for their 
        offenses;
            (4) the threat that nuclear materials will be obtained and 
        used by terrorist and other criminal organizations has increased 
        substantially since the enactment in 1982 of the legislation 
        that implemented the Convention on the Physical Protection of 
        Nuclear Material, codified at section 831 of title 18, United 
        States Code;
            (5) the successful efforts to obtain agreements from other 
        countries to dismantle nuclear weapons have resulted in 
        increased packaging and transportation of nuclear materials, 
        thereby decreasing the security of such materials by increasing 
        the opportunity for unlawful diversion and theft;
            (6) the trafficking in the relatively more common, 
        commercially available, and usable nuclear and byproduct 
        materials creates the potential for significant loss of life and 
        environmental damage;
            (7) report trafficking incidents in the early 1990's suggest 
        that the individuals involved in trafficking in these materials 
        from Eurasia and Eastern Europe frequently conducted their black 
        market sales of these materials within the Federal Republic of 
        Germany, the Baltic States, the former Soviet Union, Central 
        Europe, and to a lesser extent in the Middle European countries;

[[Page 110 STAT. 1282]]

            (8) the international community has become increasingly 
        concerned over the illegal possession of nuclear and nuclear 
        byproduct materials;
            (9) the potentially disastrous ramifications of increased 
        access to nuclear and nuclear byproduct materials pose such a 
        significant threat that the United States must use all lawful 
        methods available to combat the illegal use of such materials;
            (10) the United States has an interest in encouraging United 
        States corporations to do business in the countries that 
        comprised the former Soviet Union, and in other developing 
        democracies;
            (11) protection of such United States corporations from 
        threats created by the unlawful use of nuclear materials is 
        important to the success of the effort to encourage business 
        ventures in these countries, and to further the foreign 
        relations and commerce of the United States;
            (12) the nature of nuclear contamination is such that it may 
        affect the health, environment, and property of United States 
        nationals even if the acts that constitute the illegal activity 
        occur outside the territory of the United States, and are 
        primarily directed toward foreign nationals; and
            (13) there is presently no Federal criminal statute that 
        provides adequate protection to United States interests from 
        nonweapons grade, yet hazardous radioactive material, and from 
        the illegal diversion of nuclear materials that are held for 
        other than peaceful purposes.

    (b) Purpose.--The purpose of this title is to provide Federal law 
enforcement agencies with the necessary means and the maximum authority 
permissible under the Constitution to combat the threat of nuclear 
contamination and proliferation that may result from the illegal 
possession and use of radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
            MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``nuclear material'' each place it 
                appears and inserting ``nuclear material or nuclear 
                byproduct material'';
                    (B) in paragraph (1)--
                          (i) in subparagraph (A), by inserting ``or to 
                      the environment'' after ``property''; and
                          (ii) so that subparagraph (B) reads as 
                      follows:
                    ``(B) circumstances exist, or have been represented 
                to the defendant to exist, that are likely to cause the 
                death or serious bodily injury to any person, or 
                substantial damage to property or to the environment;''; 
                and
                    (C) in paragraph (6), by inserting ``or to the 
                environment'' after ``property'';
            (2) in subsection (c)--
                    (A) so that paragraph (2) reads as follows:
            ``(2) an offender or a victim is--
                    ``(A) a national of the United States; or
                    ``(B) a United States corporation or other legal 
                entity;'';
                    (B) in paragraph (3)--

[[Page 110 STAT. 1283]]

                          (i) by striking ``at the time of the offense 
                      the nuclear material is in use, storage, or 
                      transport, for peaceful purposes, and''; and
                          (ii) by striking ``or'' at the end of the 
                      paragraph;
                    (C) in paragraph (4)--
                          (i) by striking ``nuclear material for 
                      peaceful purposes'' and inserting ``nuclear 
                      material or nuclear byproduct material''; and
                          (ii) by striking the period at the end of the 
                      paragraph and inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(5) either--
                    ``(A) the governmental entity under subsection 
                (a)(5) is the United States; or
                    ``(B) the threat under subsection (a)(6) is directed 
                at the United States.''; and
            (3) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) in subparagraph (A), by striking ``with an 
                      isotopic concentration not in excess of 80 percent 
                      plutonium 238''; and
                          (ii) in subparagraph (C), by striking 
                      ``uranium'' and inserting ``enriched uranium, 
                      defined as uranium'';
                    (B) by redesignating paragraphs (2), (3), and (4) as 
                paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;'';
                    (D) in paragraph (4), as redesignated, by striking 
                ``and'' at the end;
                    (E) in paragraph (5), as redesignated, by striking 
                the period at the end and inserting a semicolon; and
                    (F) by adding at the end the following new 
                paragraphs:
            ``(6) the term `national of the United States' has the same 
        meaning as in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(7) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State, Commonwealth, 
        territory, possession, or district of the United States.''.

SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM 
            ARMORIES.

    (a) Study.--The Attorney General and the Secretary of Defense shall 
jointly conduct a study of the number and extent of thefts from military 
arsenals (including National Guard armories) of firearms, explosives, 
and other materials that are potentially useful to terrorists.
    (b) Report to the Congress.--Not later than 6 months after the date 
of enactment of this Act, the Attorney General and the Secretary of 
Defense shall jointly prepare and transmit to the Congress a report on 
the findings of the study conducted under subsection (a).

[[Page 110 STAT. 1284]]

               Subtitle B--Biological Weapons Restrictions

SEC. 511. <<NOTE: 42 USC 262 note.>>  ENHANCED PENALTIES AND CONTROL OF 
            BIOLOGICAL AGENTS.

    (a) Findings.--The Congress finds that--
            (1) certain biological agents have the potential to pose a 
        severe threat to public health and safety;
            (2) such biological agents can be used as weapons by 
        individuals or organizations for the purpose of domestic or 
        international terrorism or for other criminal purposes;
            (3) the transfer and possession of potentially hazardous 
        biological agents should be regulated to protect public health 
        and safety; and
            (4) efforts to protect the public from exposure to such 
        agents should ensure that individuals and groups with legitimate 
        objectives continue to have access to such agents for clinical 
        and research purposes.

    (b) Criminal Enforcement.--Chapter 10 of title 18, United States 
Code, is amended--
            (1) in section 175(a), by inserting ``or attempts, 
        threatens, or conspires to do the same,'' after ``to do so,'';
            (2) in section 177(a)(2), by inserting ``threat,'' after 
        ``attempt,''; and
            (3) in section 178--
                    (A) in paragraph (1), by striking ``or infectious 
                substance'' and inserting ``infectious substance, or 
                biological product that may be engineered as a result of 
                biotechnology, or any naturally occurring or 
                bioengineered component of any such microorganism, 
                virus, infectious substance, or biological product'';
                    (B) in paragraph (2)--
                          (i) by inserting ``the toxic material of 
                      plants, animals, microorganisms, viruses, fungi, 
                      or infectious substances, or a recombinant 
                      molecule'' after ``means'';
                          (ii) by striking ``production--'' and 
                      inserting ``production, including--'';
                          (iii) in subparagraph (A), by inserting ``or 
                      biological product that may be engineered as a 
                      result of biotechnology'' after ``substance''; and
                          (iv) in subparagraph (B), by inserting ``or 
                      biological product'' after ``isomer''; and
                    (C) in paragraph (4), by inserting ``, or molecule, 
                including a recombinant molecule, or biological product 
                that may be engineered as a result of biotechnology,'' 
                after ``organism''.

    (c) Terrorism.--Section 2332a(a) of title 18, United States Code, is 
amended by inserting ``, including any biological agent, toxin, or 
vector (as those terms are defined in section 178)'' after 
``destruction''.
    (d) Regulatory Control of Biological Agents.--
            (1) List of biological agents.--
                    (A) In general.--The Secretary shall, through 
                regulations promulgated under subsection (f), establish 
                and maintain a list of each biological agent that has 
                the potential to pose a severe threat to public health 
                and safety.

[[Page 110 STAT. 1285]]

                    (B) Criteria.--In determining whether to include an 
                agent on the list under subparagraph (A), the Secretary 
                shall--
                          (i) consider--
                                    (I) the effect on human health of 
                                exposure to the agent;
                                    (II) the degree of contagiousness of 
                                the agent and the methods by which the 
                                agent is transferred to humans;
                                    (III) the availability and 
                                effectiveness of immunizations to 
                                prevent and treatments for any illness 
                                resulting from infection by the agent; 
                                and
                                    (IV) any other criteria that the 
                                Secretary considers appropriate; and
                          (ii) consult with scientific experts 
                      representing appropriate professional groups.

    (e) Regulation of Transfers of Listed Biological Agents.--The 
Secretary shall, through regulations promulgated under subsection (f), 
provide for--
            (1) the establishment and enforcement of safety procedures 
        for the transfer of biological agents listed pursuant to 
        subsection (d)(1), including measures to ensure--
                    (A) proper training and appropriate skills to handle 
                such agents; and
                    (B) proper laboratory facilities to contain and 
                dispose of such agents;
            (2) safeguards to prevent access to such agents for use in 
        domestic or international terrorism or for any other criminal 
        purpose;
            (3) the establishment of procedures to protect the public 
        safety in the event of a transfer or potential transfer of a 
        biological agent in violation of the safety procedures 
        established under paragraph (1) or the safeguards established 
        under paragraph (2); and
            (4) appropriate availability of biological agents for 
        research, education, and other legitimate purposes.

    (f) Regulations.--The Secretary shall carry out this section by 
issuing--
            (1) proposed rules not later than 60 days after the date of 
        enactment of this Act; and
            (2) final rules not later than 120 days after the date of 
        enactment of this Act.

    (g) Definitions.--For purposes of this section--
            (1) the term ``biological agent'' has the same meaning as in 
        section 178 of title 18, United States Code; and
            (2) the term ``Secretary'' means the Secretary of Health and 
        Human Services.

[[Page 110 STAT. 1286]]

                Subtitle C--Chemical Weapons Restrictions

SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR 
            TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE OF 
            CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS.

    (a) Chemical Weapons of Mass Destruction.--Chapter 113B of title 18, 
United States Code, relating to terrorism, is amended by inserting after 
section 2332b as added by section 702 of this Act the following new 
section:

``Sec. 2332c. Use of chemical weapons

    ``(a) Prohibited Acts.--
            ``(1) Offense.--A person shall be punished under paragraph 
        (2) if that person, without lawful authority, uses, or attempts 
        or conspires to use, a chemical weapon against--
                    ``(A) a national of the United States while such 
                national is outside of the United States;
                    ``(B) any person within the United States; or
                    ``(C) any property that is owned, leased, or used by 
                the United States or by any department or agency of the 
                United States, whether the property is within or outside 
                of the United States.
            ``(2) Penalties.--A person who violates paragraph (1)--
                    ``(A) shall be imprisoned for any term of years or 
                for life; or
                    ``(B) if death results from that violation, shall be 
                punished by death or imprisoned for any term of years or 
                for life.

    ``(b) Definitions.--As used in this section--
            ``(1) the term `national of the United States' has the same 
        meaning as in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(2) the term `chemical weapon' means any weapon that is 
        designed or intended to cause widespread death or serious bodily 
        injury through the release, dissemination, or impact of toxic or 
        poisonous chemicals or precursors of toxic or poisonous 
        chemicals.

    (b) <<NOTE: 50 USC 1522 note.>>  Study of Facility for Training and 
Evaluation of Personnel Who Respond To Use of Chemical or Biological 
Weapons in Urban and Suburban Areas.--
            (1) Findings.--The Congress finds that--
                    (A) the threat of the use of chemical and biological 
                weapons by Third World countries and by terrorist 
                organizations has increased in recent years and is now a 
                problem of worldwide significance;
                    (B) the military and law enforcement agencies in the 
                United States that are responsible for responding to the 
                use of such weapons require additional testing, 
                training, and evaluation facilities to ensure that the 
                personnel of such agencies discharge their 
                responsibilities effectively; and
                    (C) a facility that recreates urban and suburban 
                locations would provide an especially effective 
                environment

[[Page 110 STAT. 1287]]

                in which to test, train, and evaluate such personnel for 
                that purpose.
            (2) Study of facility.--
                    (A) In general.--The President shall establish an 
                interagency task force to determine the feasibility and 
                advisability of establishing a facility that recreates 
                both an urban environment and a suburban environment in 
                such a way as to permit the effective testing, training, 
                and evaluation in such environments of government 
                personnel who are responsible for responding to the use 
                of chemical and biological weapons in the United States.
                    (B) Description of facility.--The facility 
                considered under subparagraph (A) shall include--
                          (i) facilities common to urban environments 
                      (including a multistory building and an 
                      underground rail transit system) and to suburban 
                      environments;
                          (ii) the capacity to produce controllable 
                      releases of chemical and biological agents from a 
                      variety of urban and suburban structures, 
                      including laboratories, small buildings, and 
                      dwellings;
                          (iii) the capacity to produce controllable 
                      releases of chemical and biological agents into 
                      sewage, water, and air management systems common 
                      to urban areas and suburban areas;
                          (iv) chemical and biocontaminant facilities at 
                      the P3 and P4 levels;
                          (v) the capacity to test and evaluate the 
                      effectiveness of a variety of protective clothing 
                      and facilities and survival techniques in urban 
                      areas and suburban areas; and
                          (vi) the capacity to test and evaluate the 
                      effectiveness of variable sensor arrays (including 
                      video, audio, meteorological, chemical, and 
                      biosensor arrays) in urban areas and suburban 
                      areas.
                    (C) Sense of congress.--It is the sense of Congress 
                that the facility considered under subparagraph (A) 
                shall, if established--
                          (i) be under the jurisdiction of the Secretary 
                      of Defense; and
                          (ii) be located at a principal facility of the 
                      Department of Defense for the testing and 
                      evaluation of the use of chemical and biological 
                      weapons during any period of armed conflict.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item added by section 702 of this Act 
that relates to section 2332b the following new item:

``2332c. Use of chemical weapons.''.

        TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

SEC. 601. <<NOTE: 18 USC 841 note.>>  FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--

[[Page 110 STAT. 1288]]

            (1) plastic explosives were used by terrorists in the 
        bombings of Pan American Airlines flight number 103 in December 
        1988 and UTA flight number 722 in September 1989;
            (2) plastic explosives can be used with little likelihood of 
        detection for acts of unlawful interference with civil aviation, 
        maritime navigation, and other modes of transportation;
            (3) the criminal use of plastic explosives places innocent 
        lives in jeopardy, endangers national security, affects domestic 
        tranquility, and gravely affects interstate and foreign 
        commerce;
            (4) the marking of plastic explosives for the purpose of 
        detection would contribute significantly to the prevention and 
        punishment of such unlawful acts; and
            (5) for the purpose of deterring and detecting such unlawful 
        acts, the Convention on the Marking of Plastic Explosives for 
        the Purpose of Detection, Done at Montreal on 1 March 1991, 
        requires each contracting State to adopt appropriate measures to 
        ensure that plastic explosives are duly marked and controlled.

    (b) Purpose.--The purpose of this title is to fully implement the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.

SEC. 602. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding at 
the end the following new subsections:
    ``(o) `Convention on the Marking of Plastic Explosives' means the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.
    ``(p) `Detection agent' means any one of the substances specified in 
this subsection when introduced into a plastic explosive or formulated 
in such explosive as a part of the manufacturing process in such a 
manner as to achieve homogeneous distribution in the finished explosive, 
including--
            ``(1) Ethylene glycol dinitrate (EGDN), 
        C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>, 
        molecular weight 152, when the minimum concentration in the 
        finished explosive is 0.2 percent by mass;
            ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
        C<INF>6</INF>H<INF>12</INF>(NO<INF>2</INF>)<INF>2</INF>, 
        molecular weight 176, when the minimum concentration in the 
        finished explosive is 0.1 percent by mass;
            ``(3) Para-Mononitrotoluene (p-MNT), 
        C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, 
        when the minimum concentration in the finished explosive is 0.5 
        percent by mass;
            ``(4) Ortho-Mononitrotoluene (o-MNT), 
        C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137, 
        when the minimum concentration in the finished explosive is 0.5 
        percent by mass; and
            ``(5) any other substance in the concentration specified by 
        the Secretary, after consultation with the Secretary of State 
        and the Secretary of Defense, that has been added to the table 
        in part 2 of the Technical Annex to the Convention on the 
        Marking of Plastic Explosives.

    ``(q) `Plastic explosive' means an explosive material in flexible or 
elastic sheet form formulated with one or more high explosives which in 
their pure form has a vapor pressure less than 10-<SUP>4</SUP> Pa at a 
temperature of 25/C., is formulated with a binder material, and is as a 
mixture malleable or flexible at normal room temperature.''.

[[Page 110 STAT. 1289]]

SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding at 
the end the following new subsections:
    ``(l) It shall be unlawful for any person to manufacture any plastic 
explosive that does not contain a detection agent.
    ``(m)(1) It shall be unlawful for any person to import or bring into 
the United States, or export from the United States, any plastic 
explosive that does not contain a detection agent.
    ``(2) This subsection does not apply to the importation or bringing 
into the United States, or the exportation from the United States, of 
any plastic explosive that was imported or brought into, or manufactured 
in the United States prior to the date of enactment of this subsection 
by or on behalf of any agency of the United States performing military 
or police functions (including any military reserve component) or by or 
on behalf of the National Guard of any State, not later than 15 years 
after the date of entry into force of the Convention on the Marking of 
Plastic Explosives, with respect to the United States.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive that does not 
contain a detection agent.
    ``(2) This subsection does not apply to--
            ``(A) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported or brought 
        into, or manufactured in the United States prior to the date of 
        enactment of this subsection by any person during the period 
        beginning on that date and ending 3 years after that date of 
        enactment; or
            ``(B) the shipment, transportation, transfer, receipt, or 
        possession of any plastic explosive that was imported or brought 
        into, or manufactured in the United States prior to the date of 
        enactment of this subsection by or on behalf of any agency of 
        the United States performing a military or police function 
        (including any military reserve component) or by or on behalf of 
        the National Guard of any State, not later than 15 years after 
        the date of entry into force of the Convention on the Marking of 
        Plastic Explosives, with respect to the United States.

    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
date of enactment of this subsection, to fail to report to the Secretary 
within 120 days after such date of enactment the quantity of such 
explosives possessed, the manufacturer or importer, any marks of 
identification on such explosives, and such other information as the 
Secretary may prescribe by regulation.''.

SEC. 604. CRIMINAL SANCTIONS.

    Section 844(a) of title 18, United States Code, is amended to read 
as follows:
    ``(a) Any person who violates any of subsections (a) through (i) or 
(l) through (o) of section 842 shall be fined under this title, 
imprisoned for not more than 10 years, or both.''.

SEC. 605. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--

[[Page 110 STAT. 1290]]

            (1) in subsection (a)--
                    (A) by inserting ``(l), (m), (n), or (o) of section 
                842 and subsections'' after ``subsections''; and
                    (B) in paragraph (1), by inserting before the 
                semicolon ``, and which pertain to safety''; and
            (2) by adding at the end the following new subsection:

    ``(c) It is an affirmative defense against any proceeding involving 
subsections (l) through (o) of section 842 if the proponent proves by a 
preponderance of the evidence that the plastic explosive--
            ``(1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(A) research, development, or testing of new or 
                modified explosive materials;
                    ``(B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                    ``(C) forensic science purposes; or
            ``(2) was plastic explosive that, within 3 years after the 
        date of enactment of the Antiterrorism and Effective Death 
        Penalty Act of 1996, will be or is incorporated in a military 
        device within the territory of the United States and remains an 
        integral part of such military device, or is intended to be, or 
        is incorporated in, and remains an integral part of a military 
        device that is intended to become, or has become, the property 
        of any agency of the United States performing military or police 
        functions (including any military reserve component) or the 
        National Guard of any State, wherever such device is located.
            ``(3) For purposes of this subsection, the term `military 
        device' includes, but is not restricted to, shells, bombs, 
        projectiles, mines, missiles, rockets, shaped charges, grenades, 
        perforators, and similar devices lawfully manufactured 
        exclusively for military or police purposes.''.

SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

    Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1)) 
is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period and 
        inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) is a plastic explosive, as defined in section 
                841(q) of title 18, United States Code, which does not 
                contain a detection agent, as defined in section 841(p) 
                of such title.''.

SEC. 607. <<NOTE: 18 USC 841 note.>>  EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and the 
amendments made by this title shall take effect 1 year after the date of 
enactment of this Act.

[[Page 110 STAT. 1291]]

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.

    Section 844 of title 18, United States Code, is amended by adding at 
the end the following new subsection:
    ``(n) Except as otherwise provided in this section, a person who 
conspires to commit any offense defined in this chapter shall be subject 
to the same penalties (other than the penalty of death) as the penalties 
prescribed for the offense the commission of which was the object of the 
conspiracy.''.

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, relating 
to terrorism, is amended by inserting after section 2332a the following 
new section:

``Sec. 2332b. Acts of terrorism transcending national boundaries

    ``(a) Prohibited Acts.--
            ``(1) Offenses.--Whoever, involving conduct transcending 
        national boundaries and in a circumstance described in 
        subsection (b)--
                    ``(A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults with a 
                dangerous weapon any person within the United States; or
                    ``(B) creates a substantial risk of serious bodily 
                injury to any other person by destroying or damaging any 
                structure, conveyance, or other real or personal 
                property within the United States or by attempting or 
                conspiring to destroy or damage any structure, 
                conveyance, or other real or personal property within 
                the United States;
        in violation of the laws of any State, or the United States, 
        shall be punished as prescribed in subsection (c).
            ``(2) Treatment of threats, attempts and conspiracies.--
        Whoever threatens to commit an offense under paragraph (1), or 
        attempts or conspires to do so, shall be punished under 
        subsection (c).

    ``(b) Jurisdictional Bases.--
            ``(1) Circumstances.--The circumstances referred to in 
        subsection (a) are--
                    ``(A) any of the offenders uses the mail or any 
                facility of interstate or foreign commerce in 
                furtherance of the offense;
                    ``(B) the offense obstructs, delays, or affects 
                interstate or foreign commerce, or would have so 
                obstructed, delayed, or affected interstate or foreign 
                commerce if the offense had been consummated;
                    ``(C) the victim, or intended victim, is the United 
                States Government, a member of the uniformed services, 
                or any official, officer, employee, or agent of the 
                legislative, execu

[[Page 110 STAT. 1292]]

                tive, or judicial branches, or of any department or 
                agency, of the United States;
                    ``(D) the structure, conveyance, or other real or 
                personal property is, in whole or in part, owned, 
                possessed, or leased to the United States, or any 
                department or agency of the United States;
                    ``(E) the offense is committed in the territorial 
                sea (including the airspace above and the seabed and 
                subsoil below, and artificial islands and fixed 
                structures erected thereon) of the United States; or
                    ``(F) the offense is committed within the special 
                maritime and territorial jurisdiction of the United 
                States.
            ``(2) Co-conspirators and accessories after the fact.--
        Jurisdiction shall exist over all principals and co-conspirators 
        of an offense under this section, and accessories after the fact 
        to any offense under this section, if at least one of the 
        circumstances described in subparagraphs (A) through (F) of 
        paragraph (1) is applicable to at least one offender.

    ``(c) Penalties.--
            ``(1) Penalties.--Whoever violates this section shall be 
        punished--
                    ``(A) for a killing, or if death results to any 
                person from any other conduct prohibited by this 
                section, by death, or by imprisonment for any term of 
                years or for life;
                    ``(B) for kidnapping, by imprisonment for any term 
                of years or for life;
                    ``(C) for maiming, by imprisonment for not more than 
                35 years;
                    ``(D) for assault with a dangerous weapon or assault 
                resulting in serious bodily injury, by imprisonment for 
                not more than 30 years;
                    ``(E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, by 
                imprisonment for not more than 25 years;
                    ``(F) for attempting or conspiring to commit an 
                offense, for any term of years up to the maximum 
                punishment that would have applied had the offense been 
                completed; and
                    ``(G) for threatening to commit an offense under 
                this section, by imprisonment for not more than 10 
                years.
            ``(2) Consecutive sentence.--Notwithstanding any other 
        provision of law, the court shall not place on probation any 
        person convicted of a violation of this section; nor shall the 
        term of imprisonment imposed under this section run concurrently 
        with any other term of imprisonment.

    ``(d) Proof Requirements.--The following shall apply to prosecutions 
under this section:
            ``(1) Knowledge.--The prosecution is not required to prove 
        knowledge by any defendant of a jurisdictional base alleged in 
        the indictment.
            ``(2) State law.--In a prosecution under this section that 
        is based upon the adoption of State law, only the elements of 
        the offense under State law, and not any provisions pertaining 
        to criminal procedure or evidence, are adopted.

    ``(e) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction--

[[Page 110 STAT. 1293]]

            ``(1) over any offense under subsection (a), including any 
        threat, attempt, or conspiracy to commit such offense; and
            ``(2) over conduct which, under section 3, renders any 
        person an accessory after the fact to an offense under 
        subsection (a).

    ``(f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this title, the 
Attorney General shall have primary investigative responsibility for all 
Federal crimes of terrorism, and the Secretary of the Treasury shall 
assist the Attorney General at the request of the Attorney General. 
Nothing in this section shall be construed to interfere with the 
authority of the United States Secret Service under section 3056.
    ``(g) Definitions.--As used in this section--
            ``(1) the term `conduct transcending national boundaries' 
        means conduct occurring outside of the United States in addition 
        to the conduct occurring in the United States;
            ``(2) the term `facility of interstate or foreign commerce' 
        has the meaning given that term in section 1958(b)(2);
            ``(3) the term `serious bodily injury' has the meaning given 
        that term in section 1365(g)(3);
            ``(4) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States, determined in accordance with 
        international law; and
            ``(5) the term `Federal crime of terrorism' means an offense 
        that--
                    ``(A) is calculated to influence or affect the 
                conduct of government by intimidation or coercion, or to 
                retaliate against government conduct; and
                    ``(B) is a violation of--
                          ``(i) section 32 (relating to destruction of 
                      aircraft or aircraft facilities), 37 (relating to 
                      violence at international airports), 81 (relating 
                      to arson within special maritime and territorial 
                      jurisdiction), 175 (relating to biological 
                      weapons), 351 (relating to congressional, cabinet, 
                      and Supreme Court assassination, kidnapping, and 
                      assault), 831 (relating to nuclear materials), 842 
                      (m) or (n) (relating to plastic explosives), 
                      844(e) (relating to certain bombings), 844 (f) or 
                      (i) (relating to arson and bombing of certain 
                      property), 956 (relating to conspiracy to injure 
                      property of a foreign government), 1114 (relating 
                      to protection of officers and employees of the 
                      United States), 1116 (relating to murder or 
                      manslaughter of foreign officials, official 
                      guests, or internationally protected persons), 
                      1203 (relating to hostage taking), 1361 (relating 
                      to injury of Government property or contracts), 
                      1362 (relating to destruction of communication 
                      lines, stations, or systems), 1363 (relating to 
                      injury to buildings or property within special 
                      maritime and territorial jurisdiction of the 
                      United States), 1366 (relating to destruction of 
                      an energy facility), 1751 (relating to 
                      Presidential and Presidential staff assassination, 
                      kidnapping, and assault), 2152 (relating to injury 
                      of fortifications, harbor defenses, or defensive 
                      sea areas), 2155 (relating to destruction of 
                      national defense materials, premises, or 
                      utilities),

[[Page 110 STAT. 1294]]

                      2156 (relating to production of defective national 
                      defense materials, premises, or utilities), 2280 
                      (relating to violence against maritime 
                      navigation), 2281 (relating to violence against 
                      maritime fixed platforms), 2332 (relating to 
                      certain homicides and other violence against 
                      United States nationals occurring outside of the 
                      United States), 2332a (relating to use of weapons 
                      of mass destruction), 2332b (relating to acts of 
                      terrorism transcending national boundaries), 2339A 
                      (relating to providing material support to 
                      terrorists), 2339B (relating to providing material 
                      support to terrorist organizations), or 2340A 
                      (relating to torture);
                          ``(ii) section 236 (relating to sabotage of 
                      nuclear facilities or fuel) of the Atomic Energy 
                      Act of 1954 (42 U.S.C. 2284); or
                          ``(iii) section 46502 (relating to aircraft 
                      piracy) or section 60123(b) (relating to 
                      destruction of interstate gas or hazardous liquid 
                      pipeline facility) of title 49.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item relating to section 2332a the 
following new item:

``2332b. Acts of terrorism transcending national boundaries.''.

    (c) Statute of Limitations Amendment.--Section 3286 of title 18, 
United States Code, is amended--
            (1) by striking ``any offense'' and inserting ``any non-
        capital offense'';
            (2) by striking ``36'' and inserting ``37'';
            (3) by striking ``2331'' and inserting ``2332'';
            (4) by striking ``2339'' and inserting ``2332a''; and
            (5) by inserting ``2332b (acts of terrorism transcending 
        national boundaries),'' after ``(use of weapons of mass 
        destruction),''.

    (d) Presumptive Detention.--Section 3142(e) of title 18, United 
States Code, is amended by inserting ``, 956(a), or 2332b'' after 
``section 924(c)''.

SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF 
            PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL 
            JURISDICTION.

    Section 1363 of title 18, United States Code, is amended by striking 
``any building,'' and all that follows through ``shipping'' and 
inserting ``any structure, conveyance, or other real or personal 
property''.

SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

    (a) In General.--Section 956 of chapter 45 of title 18, United 
States Code, is amended to read as follows:

``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or 
                        damage property in a foreign country

    ``(a)(1) Whoever, within the jurisdiction of the United States, 
conspires with one or more other persons, regardless of where such other 
person or persons are located, to commit at any place outside the United 
States an act that would constitute the offense of murder, kidnapping, 
or maiming if committed in the special maritime and territorial 
jurisdiction of the United States shall,

[[Page 110 STAT. 1295]]

if any of the conspirators commits an act within the jurisdiction of the 
United States to effect any object of the conspiracy, be punished as 
provided in subsection (a)(2).
    ``(2) The punishment for an offense under subsection (a)(1) of this 
section is--
            ``(A) imprisonment for any term of years or for life if the 
        offense is conspiracy to murder or kidnap; and
            ``(B) imprisonment for not more than 35 years if the offense 
        is conspiracy to maim.

    ``(b) Whoever, within the jurisdiction of the United States, 
conspires with one or more persons, regardless of where such other 
person or persons are located, to damage or destroy specific property 
situated within a foreign country and belonging to a foreign government 
or to any political subdivision thereof with which the United States is 
at peace, or any railroad, canal, bridge, airport, airfield, or other 
public utility, public conveyance, or public structure, or any 
religious, educational, or cultural property so situated, shall, if any 
of the conspirators commits an act within the jurisdiction of the United 
States to effect any object of the conspiracy, be imprisoned not more 
than 25 years.''.
    (b) Clerical Amendment.--The item relating to section 956 in the 
table of sections at the beginning of chapter 45 of title 18, United 
States Code, is amended to read as follows:

``956. Conspiracy to kill, kidnap, maim, or injure persons or damage 
           property in a foreign country.''.

SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.

    (a) In General.--Title 18, United States Code, is amended--
            (1) in section 114, by striking ``maim or disfigure'' and 
        inserting ``torture (as defined in section 2340), maim, or 
        disfigure'';
            (2) in section 755, by striking ``two years'' and inserting 
        ``5 years'';
            (3) in section 756, by striking ``one year'' and inserting 
        ``five years'';
            (4) in section 878(a), by striking ``by killing, kidnapping, 
        or assaulting a foreign official, official guest, or 
        internationally protected person'';
            (5) in section 1113, by striking ``three years'' and 
        inserting ``seven years''; and
            (6) in section 2332(c), by striking ``five'' and inserting 
        ``ten''.

    (b) Penalty for Carrying Weapons or Explosives on an Aircraft.--
Section 46505 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``one year'' and 
        inserting ``10 years''; and
            (2) in subsection (c), by striking ``5'' and inserting 
        ``15''.

SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 
            KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 844 of title 18, United States Code, is amended by adding at 
the end the following new subsection:
    ``(o) Whoever knowingly transfers any explosive materials, knowing 
or having reasonable cause to believe that such explosive materials will 
be used to commit a crime of violence (as defined in section 924(c)(3)) 
or drug trafficking crime (as defined in section 924(c)(2)) shall be 
subject to the same penalties as may be imposed

[[Page 110 STAT. 1296]]

under subsection (h) for a first conviction for the use or carrying of 
an explosive material.''.

SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

    Section 842(h) of title 18, United States Code, is amended to read 
as follows:
    ``(h) It shall be unlawful for any person to receive, possess, 
transport, ship, conceal, store, barter, sell, dispose of, or pledge or 
accept as security for a loan, any stolen explosive materials which are 
moving as, which are part of, which constitute, or which have been 
shipped or transported in, interstate or foreign commerce, either before 
or after such materials were stolen, knowing or having reasonable cause 
to believe that the explosive materials were stolen.''.

SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.

    (a) In General.--Section 844 of title 18, United States Code, is 
amended--
            (1) in subsection (e), by striking ``five'' and inserting 
        ``10'';
            (2) by amending subsection (f) to read as follows:

    ``(f)(1) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of fire or an explosive, any building, 
vehicle, or other personal or real property in whole or in part owned or 
possessed by, or leased to, the United States, or any department or 
agency thereof, shall be imprisoned for not less than 5 years and not 
more than 20 years, fined under this title, or both.
    ``(2) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct, directly or proximately causes personal 
injury or creates a substantial risk of injury to any person, including 
any public safety officer performing duties, shall be imprisoned for not 
less than 7 years and not more than 40 years, fined under this title, or 
both.
    ``(3) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct directly or proximately causes the death of 
any person, including any public safety officer performing duties, shall 
be subject to the death penalty, or imprisoned for not less than 20 
years or for life, fined under this title, or both.'';
            (3) in subsection (h)--
                    (A) in the first sentence, by striking ``5 years but 
                not more than 15 years'' and inserting ``10 years''; and
                    (B) in the second sentence, by striking ``10 years 
                but not more than 25 years'' and inserting ``20 years''; 
                and
            (4) in subsection (i)--
                    (A) by striking ``not more than 20 years, fined the 
                greater of the fine under this title or the cost of 
                repairing or replacing any property that is damaged or 
                destroyed,'' and inserting ``not less than 5 years and 
                not more than 20 years, fined under this title''; and
                    (B) by striking ``not more than 40 years, fined the 
                greater of a fine under this title or the cost of 
                repairing or replacing any property that is damaged or 
                destroyed,'' and inserting ``not less than 7 years and 
                not more than 40 years, fined under this title''.

    (b) Conforming Amendment.--Section 81 of title 18, United States 
Code, is amended by striking ``fined under this title or

[[Page 110 STAT. 1297]]

imprisoned not more than five years, or both'' and inserting 
``imprisoned for not more than 25 years, fined the greater of the fine 
under this title or the cost of repairing or replacing any property that 
is damaged or destroyed, or both''.
    (c) Statute of Limitation for Arson Offenses.--
            (1) In general.--Chapter 213 of title 18, United States 
        Code, is amended by adding at the end the following new section:

``Sec. 3295. Arson offenses

    ``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of 
section 844 unless the indictment is found or the information is 
instituted not later than 10 years after the date on which the offense 
was committed.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 213 of title 18, United States Code, is 
        amended by adding at the end the following new item:

``3295. Arson offenses.''.

            (3) Conforming amendment.--Section 844(i) of title 18, 
        United States Code, is amended by striking the last sentence.

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE 
            DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS.

    (a) Study.--The Attorney General, in consultation with such other 
officials and individuals as the Attorney General considers appropriate, 
shall conduct a study concerning--
            (1) the extent to which there is available to the public 
        material in any medium (including print, electronic, or film) 
        that provides instruction on how to make bombs, destructive 
        devices, or weapons of mass destruction;
            (2) the extent to which information gained from such 
        material has been used in incidents of domestic or international 
        terrorism;
            (3) the likelihood that such information may be used in 
        future incidents of terrorism;
            (4) the application of Federal laws in effect on the date of 
        enactment of this Act to such material;
            (5) the need and utility, if any, for additional laws 
        relating to such material; and
            (6) an assessment of the extent to which the first amendment 
        protects such material and its private and commercial 
        distribution.

    (b) Report.--
            (1) Requirement.--Not later than 180 days after the date of 
        enactment of this Act, the Attorney General shall submit to the 
        Congress a report that contains the results of the study 
        required by this section.
            (2) Availability.--The Attorney General shall make the 
        report submitted under this subsection available to the public.

[[Page 110 STAT. 1298]]

                     Subtitle B--Criminal Procedures

SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
            CERTAIN TERRORISM OFFENSES OVERSEAS.

    (a) Aircraft Piracy.--Section 46502(b) of title 49, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``and later found in the 
        United States'';
            (2) so that paragraph (2) reads as follows:

    ``(2) There is jurisdiction over the offense in paragraph (1) if--
            ``(A) a national of the United States was aboard the 
        aircraft;
            ``(B) an offender is a national of the United States; or
            ``(C) an offender is afterwards found in the United 
        States.''; and
            (3) by inserting after paragraph (2) the following:

    ``(3) For purposes of this subsection, the term `national of the 
United States' has the meaning prescribed in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) 
of title 18, United States Code, is amended--
            (1) by striking ``, if the offender is later found in the 
        United States,''; and
            (2) by inserting at the end the following: ``There is 
        jurisdiction over an offense under this subsection if a national 
        of the United States was on board, or would have been on board, 
        the aircraft; an offender is a national of the United States; or 
        an offender is afterwards found in the United States. For 
        purposes of this subsection, the term `national of the United 
        States' has the meaning prescribed in section 101(a)(22) of the 
        Immigration and Nationality Act.''.

    (c) Murder of Foreign Officials and Certain Other Persons.--Section 
1116 of title 18, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(7) `National of the United States' has the meaning 
        prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''; and
            (2) in subsection (c), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, officer, 
        employee, or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is afterwards 
        found in the United States.''.

    (d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting `` `national of the 
        United States','' before ``and''; and
            (2) in subsection (e), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, officer, 
        employee, or agent of the United States, (2) an offender is

[[Page 110 STAT. 1299]]

        a national of the United States, or (3) an offender is 
        afterwards found in the United States.''.

    (e) Threats and Extortion Against Foreign Officials and Certain 
Other Persons.--Section 878 of title 18, United States Code, is 
amended--
            (1) in subsection (c), by inserting `` `national of the 
        United States','' before ``and''; and
            (2) in subsection (d), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, officer, 
        employee, or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is afterwards 
        found in the United States.''.

    (f) Kidnapping of Internationally Protected Persons.--Section 
1201(e) of title 18, United States Code, is amended--
            (1) by striking the first sentence and inserting the 
        following: ``If the victim of an offense under subsection (a) is 
        an internationally protected person outside the United States, 
        the United States may exercise jurisdiction over the offense if 
        (1) the victim is a representative, officer, employee, or agent 
        of the United States, (2) an offender is a national of the 
        United States, or (3) an offender is afterwards found in the 
        United States.''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, the term `national of the United States' has 
        the meaning prescribed in section 101(a)(22) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(22)).''.

    (g) Violence at International Airports.--Section 37(b)(2) of title 
18, United States Code, is amended--
            (1) by inserting ``(A)'' before ``the offender is later 
        found in the United States''; and
            (2) by inserting ``; or (B) an offender or a victim is a 
        national of the United States (as defined in section 101(a)(22) 
        of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'' 
        after ``the offender is later found in the United States''.

    (h) Biological Weapons.--Section 178 of title 18, United States 
Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding the following at the end:
            ``(5) the term `national of the United States' has the 
        meaning prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

    Section 2280(b)(1)(A) of title 18, United States Code, is amended--
            (1) in clause (ii), by striking ``and the activity is not 
        prohibited as a crime by the State in which the activity takes 
        place''; and
            (2) in clause (iii), by striking ``the activity takes place 
        on a ship flying the flag of a foreign country or outside the 
        United States,''.

[[Page 110 STAT. 1300]]

SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM 
            OFFENSES.

    (a) Title 18 Offenses.--
            (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 
        115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 
        18, United States Code, are each amended by inserting ``or 
        conspires'' after ``attempts''.
            (2) Section 115(b)(2) of title 18, United States Code, is 
        amended by striking ``or attempted kidnapping'' both places it 
        appears and inserting ``, attempted kidnapping, or conspiracy to 
        kidnap''.
            (3)(A) Section 115(b)(3) of title 18, United States Code, is 
        amended by striking ``or attempted murder'' and inserting ``, 
        attempted murder, or conspiracy to murder''.
            (B) Section 115(b)(3) of title 18, United States Code, is 
        amended by striking ``and 1113'' and inserting ``, 1113, and 
        1117''.

    (b) Aircraft Piracy.--
            (1) Section 46502(a)(2) of title 49, United States Code, is 
        amended by inserting ``or conspiring'' after ``attempting''.
            (2) Section 46502(b)(1) of title 49, United States Code, is 
        amended by inserting ``or conspiring to commit'' after 
        ``committing''.

SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.

    Section 844(e) of title 18, United States Code, is amended by 
striking ``commerce,'' and inserting ``interstate or foreign commerce, 
or in or affecting interstate or foreign commerce,''.

SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
            STATUTE.

    Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by inserting 
                ``Against a National of the United States or Within the 
                United States'' after ``Offense'';
                    (B) by striking ``uses, or attempts'' and inserting 
                ``, without lawful authority, uses, threatens, or 
                attempts''; and
                    (C) in paragraph (2), by inserting ``, and the 
                results of such use affect interstate or foreign 
                commerce or, in the case of a threat, attempt, or 
                conspiracy, would have affected interstate or foreign 
                commerce'' before the semicolon at the end;
            (2) in subsection (b), by striking subparagraph (B) and 
        inserting the following:
                    ``(B) any weapon that is designed or intended to 
                cause death or serious bodily injury through the 
                release, dissemination, or impact of toxic or poisonous 
                chemicals, or their precursors;'';
            (3) by redesignating subsection (b) as subsection (c); and
            (4) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Offense by National of the United States Outside of the United 
States.--Any national of the United States who, without lawful 
authority, uses, or threatens, attempts, or conspires

[[Page 110 STAT. 1301]]

to use, a weapon of mass destruction outside of the United States shall 
be imprisoned for any term of years or for life, and if death results, 
shall be punished by death, or by imprisonment for any term of years or 
for life.''.

SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING 
            STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by amending clause (ii) to read as 
        follows:
                    ``(ii) murder, kidnapping, robbery, extortion, or 
                destruction of property by means of explosive or 
                fire;''; and
            (2) in subparagraph (D)--
                    (A) by inserting after ``an offense under'' the 
                following: ``section 32 (relating to the destruction of 
                aircraft), section 37 (relating to violence at 
                international airports), section 115 (relating to 
                influencing, impeding, or retaliating against a Federal 
                official by threatening or injuring a family member),'';
                    (B) by inserting after ``section 215 (relating to 
                commissions or gifts for procuring loans),'' the 
                following: ``section 351 (relating to congressional or 
                Cabinet officer assassination),'';
                    (C) by inserting after ``section 798 (relating to 
                espionage),'' the following: ``section 831 (relating to 
                prohibited transactions involving nuclear materials), 
                section 844 (f) or (i) (relating to destruction by 
                explosives or fire of Government property or property 
                affecting interstate or foreign commerce),'';
                    (D) by inserting after ``section 875 (relating to 
                interstate communications),'' the following: ``section 
                956 (relating to conspiracy to kill, kidnap, maim, or 
                injure certain property in a foreign country),'';
                    (E) by inserting after ``section 1032 (relating to 
                concealment of assets from conservator, receiver, or 
                liquidating agent of financial institution),'' the 
                following: ``section 1111 (relating to murder), section 
                1114 (relating to murder of United States law 
                enforcement officials), section 1116 (relating to murder 
                of foreign officials, official guests, or 
                internationally protected persons),'';
                    (F) by inserting after ``section 1203 (relating to 
                hostage taking),'' the following: ``section 1361 
                (relating to willful injury of Government property), 
                section 1363 (relating to destruction of property within 
                the special maritime and territorial jurisdiction),'';
                    (G) by inserting after ``section 1708 (relating to 
                theft from the mail),'' the following: ``section 1751 
                (relating to Presidential assassination),'';
                    (H) by inserting after ``2114 (relating to bank and 
                postal robbery and theft),'' the following: ``section 
                2280 (relating to violence against maritime navigation), 
                section 2281 (relating to violence against maritime 
                fixed platforms),'';
                    (I) by striking ``or section 2320'' and inserting 
                ``section 2320''; and
                    (J) by striking ``of this title'' and inserting the 
                following: ``, section 2332 (relating to terrorist acts 
                abroad against

[[Page 110 STAT. 1302]]

                United States nationals), section 2332a (relating to use 
                of weapons of mass destruction), section 2332b (relating 
                to international terrorist acts transcending national 
                boundaries), or section 2339A (relating to providing 
                material support to terrorists) of this title, section 
                46502 of title 49, United States Code,''.

SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR 
            FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED 
            STATES.

    (a) Homicide.--Section 1114 of title 18, United States Code, is 
amended to read as follows:

``Sec. 1114. Protection of officers and employees of the United States

    ``Whoever kills or attempts to kill any officer or employee of the 
United States or of any agency in any branch of the United States 
Government (including any member of the uniformed services) while such 
officer or employee is engaged in or on account of the performance of 
official duties, or any person assisting such an officer or employee in 
the performance of such duties or on account of that assistance, shall 
be punished--
            ``(1) in the case of murder, as provided under section 1111;
            ``(2) in the case of manslaughter, as provided under section 
        1112; or
            ``(3) in the case of attempted murder or manslaughter, as 
        provided in section 1113.''.

    (b) Threats Against Former Officers and Employees.--
            (1) In General.--Section 115(a)(2) of title 18, United 
        States Code, is amended by inserting ``, or threatens to 
        assault, kidnap, or murder, any person who formerly served as a 
        person designated in paragraph (1), or'' after ``assaults, 
        kidnaps, or murders, or attempts to kidnap or murder''.
            (2) Limitation.--Section 115 of title 18, United States 
        Code, is amended by adding at the end the following:

    ``(d) This section shall not interfere with the investigative 
authority of the United States Secret Service, as provided under 
sections 3056, 871, and 879 of this title.''.
    (c) Amendment To Clarify the Meaning of the Term Deadly or Dangerous 
Weapon in the Prohibition on Assault on Federal Officers or Employees.--
Section 111(b) of title 18, United States Code, is amended by inserting 
``(including a weapon intended to cause death or danger but that fails 
to do so by reason of a defective component)'' after ``deadly or 
dangerous weapon''.

SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.

    Section 3592(c) of title 18, United States Code, is amended by 
inserting after paragraph (15) the following new paragraph:
            ``(16) Multiple killings or attempted killings.--The 
        defendant intentionally killed or attempted to kill more than 
        one person in a single criminal episode.''.

SEC. 729. DETENTION HEARING.

    Section 3142(f) of title 18, United States Code, is amended by 
inserting ``(not including any intermediate Saturday, Sunday, or legal 
holiday)'' after ``five days'' and after ``three days''.

[[Page 110 STAT. 1303]]

SEC. 730. <<NOTE: 28 USC 994 note.>>  DIRECTIONS TO SENTENCING 
            COMMISSION.

    The United States Sentencing Commission shall forthwith, in 
accordance with the procedures set forth in section 21(a) of the 
Sentencing Act of 1987, as though the authority under that section had 
not expired, amend the sentencing guidelines so that the chapter 3 
adjustment relating to international terrorism only applies to Federal 
crimes of terrorism, as defined in section 2332b(g) of title 18, United 
States Code.

SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS.

    Section 2510 of title 18, United States Code, is amended--
            (1) in paragraph (12)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B);
                    (B) by adding ``or'' at the end of subparagraph (C); 
                and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(D) electronic funds transfer information stored 
                by a financial institution in a communications system 
                used for the electronic storage and transfer of 
                funds;''; and
            (2) in paragraph (16)--
                    (A) by adding ``or'' at the end of subparagraph (D);
                    (B) by striking ``or'' at the end of subparagraph 
                (E); and
                    (C) by striking subparagraph (F).

SEC. 732. <<NOTE: 18 USC 841 note.>>  MARKING, RENDERING INERT, AND 
            LICENSING OF EXPLOSIVE MATERIALS.

    (a) Study.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary of the Treasury (referred 
        to in this section as the ``Secretary'') shall conduct a study 
        of--
                    (A) the tagging of explosive materials for purposes 
                of detection and identification;
                    (B) the feasibility and practicability of rendering 
                common chemicals used to manufacture explosive materials 
                inert;
                    (C) the feasibility and practicability of imposing 
                controls on certain precursor chemicals used to 
                manufacture explosive materials; and
                    (D) State licensing requirements for the purchase 
                and use of commercial high explosives, including--
                          (i) detonators;
                          (ii) detonating cords;
                          (iii) dynamite;
                          (iv) water gel;
                          (v) emulsion;
                          (vi) blasting agents; and
                          (vii) boosters.
            (2) Exclusion.--No study conducted under this subsection or 
        regulation proposed under subsection (e) shall include black or 
        smokeless powder among the explosive materials considered.

    (b) Consultation.--
            (1) In general.--In conducting the study under subsection 
        (a), the Secretary shall consult with--

[[Page 110 STAT. 1304]]

                    (A) Federal, State, and local officials with 
                expertise in the area of chemicals used to manufacture 
                explosive materials; and
                    (B) such other individuals as the Secretary 
                determines are necessary.
            (2) Fertilizer research centers.--In conducting any portion 
        of the study under subsection (a) relating to the regulation and 
        use of fertilizer as a pre-explosive material, the Secretary of 
        the Treasury shall consult with and receive input from non-
        profit fertilizer research centers.

    (c) Report.--Not later than 30 days after the completion of the 
study conducted under subsection (a), the Secretary shall submit a 
report to the Congress, which shall be made public, that contains--
            (1) the results of the study;
            (2) any recommendations for legislation; and
            (3) any opinions and findings of the fertilizer research 
        centers.

    (d) Hearings.--Congress shall have not less than 90 days after the 
submission of the report under subsection (c) to--
            (1) review the results of the study; and
            (2) hold hearings and receive testimony regarding the 
        recommendations of the Secretary.

    (e) Regulations.--
            (1) <<NOTE: Federal Register, publication.>>  In general.--
        Not later than 6 months after the submission of the report 
        required by subsection (c), the Secretary may submit to Congress 
        and publish in the Federal Register draft regulations for the 
        addition of tracer elements to explosive materials manufactured 
        in or imported into the United States, of such character and in 
        such quantity as the Secretary may authorize or require, if the 
        results of the study conducted under subsection (a) indicate 
        that the tracer elements--
                    (A) will not pose a risk to human life or safety;
                    (B) will substantially assist law enforcement 
                officers in their investigative efforts;
                    (C) will not substantially impair the quality of the 
                explosive materials for their intended lawful use;
                    (D) will not have a substantially adverse effect on 
                the environment; and
                    (E) the costs associated with the addition of the 
                tracers will not outweigh benefits of their inclusion.
            (2) Effective date.--The regulations under paragraph (1) 
        shall take effect 270 days after the Secretary submits proposed 
        regulations to Congress pursuant to paragraph (1), except to the 
        extent that the effective date is revised or the regulation is 
        otherwise modified or disapproved by an Act of Congress.

                TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

SEC. 801. <<NOTE: 28 USC 509 note.>>  OVERSEAS LAW ENFORCEMENT TRAINING 
            ACTIVITIES.

    The Attorney General and the Secretary of the Treasury are 
authorized to support law enforcement training activities in foreign

[[Page 110 STAT. 1305]]

countries, in consultation with the Secretary of State, for the purpose 
of improving the effectiveness of the United States in investigating and 
prosecuting transnational offenses.

SEC. 802. SENSE OF CONGRESS.

    It is the sense of the Congress that, whenever practicable, each 
recipient of any sum authorized to be appropriated by this Act, should 
use the money to purchase American-made products.

SEC. 803. <<NOTE: 40 USC 137.>>  PROTECTION OF FEDERAL GOVERNMENT 
            BUILDINGS IN THE DISTRICT OF COLUMBIA.

    The Attorney General and the Secretary of the Treasury may 
prohibit--
            (1) any vehicles from parking or standing on any street or 
        roadway adjacent to any building in the District of Columbia 
        used by law enforcement authorities subject to their 
        jurisdiction, that is in whole or in part owned, possessed, or 
        leased to the Federal Government; and
            (2) any person or entity from conducting business on any 
        property immediately adjacent to any building described in 
        paragraph (1).

SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Requirement To Preserve Evidence.--
            ``(1) In general.--A provider of wire or electronic 
        communication services or a remote computing service, upon the 
        request of a governmental entity, shall take all necessary steps 
        to preserve records and other evidence in its possession pending 
        the issuance of a court order or other process.
            ``(2) Period of retention.--Records referred to in paragraph 
        (1) shall be retained for a period of 90 days, which shall be 
        extended for an additional 90-day period upon a renewed request 
        by the governmental entity.''.

SEC. 805. <<NOTE: 28 USC 994 note.>>  DETERRENT AGAINST TERRORIST 
            ACTIVITY DAMAGING A FEDERAL INTEREST COMPUTER.

    (a) Review.--Not later than 60 calendar days after the date of 
enactment of this Act, the United States Sentencing Commission shall 
review the deterrent effect of existing guideline levels as they apply 
to paragraphs (4) and (5) of section 1030(a) of title 18, United States 
Code.
    (b) Report.--The United States Sentencing Commission shall prepare 
and transmit a report to the Congress on the findings under the study 
conducted under subsection (a).
    (c) Amendment of Guidelines.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the sentencing guidelines to ensure 
any individual convicted of a violation of paragraph (4) or (5) of 
section 1030(a) of title 18, United States Code, is imprisoned for not 
less than 6 months.

SEC. 806. <<NOTE: 18 USC prec. 1 note.>>  COMMISSION ON THE ADVANCEMENT 
            OF FEDERAL LAW ENFORCEMENT.

    (a) Establishment.--There is established a commission to be known as 
the ``Commission on the Advancement of Federal Law

[[Page 110 STAT. 1306]]

Enforcement'' (hereinafter in this section referred to as the 
``Commission'').
    (b) Duties.--The Commission shall review, ascertain, evaluate, 
report, and recommend action to the Congress on the following matters:
            (1) The Federal law enforcement priorities for the 21st 
        century, including Federal law enforcement capability to 
        investigate and deter adequately the threat of terrorism facing 
        the United States.
            (2) In general, the manner in which significant Federal 
        criminal law enforcement operations are conceived, planned, 
        coordinated, and executed.
            (3) The standards and procedures used by Federal law 
        enforcement to carry out significant Federal criminal law 
        enforcement operations, and their uniformity and compatibility 
        on an interagency basis, including standards related to the use 
        of deadly force.
            (4) The investigation and handling of specific Federal 
        criminal law enforcement cases by the United States Government 
        and the Federal law enforcement agencies therewith, selected at 
        the Commission's discretion.
            (5) The necessity for the present number of Federal law 
        enforcement agencies and units.
            (6) The location and efficacy of the office or entity 
        directly responsible, aside from the President of the United 
        States, for the coordination on an interagency basis of the 
        operations, programs, and activities of all of the Federal law 
        enforcement agencies.
            (7) The degree of assistance, training, education, and other 
        human resource management assets devoted to increasing 
        professionalism for Federal law enforcement officers.
            (8) The independent accountability mechanisms that exist, if 
        any, and their efficacy to investigate, address, and to correct 
        Federal law enforcement abuses.
            (9) The degree of coordination among law enforcement 
        agencies in the area of international crime and the extent to 
        which deployment of resources overseas diminishes domestic law 
        enforcement.
            (10) The extent to which Federal law enforcement agencies 
        coordinate with State and local law enforcement agencies on 
        Federal criminal enforcement operations and programs that 
        directly affect a State or local law enforcement agency's 
        geographical jurisdiction.
            (11) Such other related matters as the Commission deems 
        appropriate.

    (c) Membership and Administrative Provisions.--
            (1) Number and appointment.--The Commission shall be 
        composed of 5 members appointed as follows:
                    (A) 1 member appointed by the President pro tempore 
                of the Senate.
                    (B) 1 member appointed by the minority leader of the 
                Senate.
                    (C) 1 member appointed by the Speaker of the House 
                of Representatives.
                    (D) 1 member appointed by the minority leader of the 
                House of Representatives.

[[Page 110 STAT. 1307]]

                    (E) 1 member (who shall chair the Commission) 
                appointed by the Chief Justice of the Supreme Court.
            (2) Disqualification.--A person who is an officer or 
        employee of the United States shall not be appointed a member of 
        the Commission.
            (3) Terms.--Each member shall be appointed for the life of 
        the Commission.
            (4) Quorum.--3 members of the Commission shall constitute a 
        quorum but a lesser number may hold hearings.
            (5) Meetings.--The Commission shall meet at the call of the 
        Chair of the Commission.
            (6) Compensation.--Each member of the Commission who is not 
        an officer or employee of the Federal Government shall be 
        compensated at a rate equal to the daily equivalent of the 
        annual rate of basic pay prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code, for each day, including travel time, during which the 
        member is engaged in the performance of the duties of the 
        Commission.

    (d) Staffing and Support Functions.--
            (1) Director.--The Commission shall have a director who 
        shall be appointed by the Chair of the Commission.
            (2) Staff.--Subject to rules prescribed by the Commission, 
        the Director may appoint additional personnel as the Commission 
        considers appropriate.
            (3) Applicability of certain civil service laws.--The 
        Director and staff of the Commission shall be appointed subject 
        to the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of that title relating to classification and 
        General Schedule pay rates.

    (e) Powers.--
            (1) Hearings and sessions.--The Commission may, for the 
        purposes of carrying out this Act, hold hearings, sit and act at 
        times and places, take testimony, and receive evidence as the 
        Commission considers appropriate. The Commission may administer 
        oaths or affirmations to witnesses appearing before it. The 
        Commission may establish rules for its proceedings.
            (2) Powers of members and agents.--Any member or agent of 
        the Commission may, if authorized by the Commission, take any 
        action which the Commission is authorized to take by this 
        section.
            (3) Obtaining official data.--The Commission may secure 
        directly from any department or agency of the United States 
        information necessary to enable it to carry out this section. 
        Upon request of the Chair of the Commission, the head of that 
        department or agency shall furnish that information to the 
        Commission, unless doing so would threaten the national 
        security, the health or safety of any individual, or the 
        integrity of an ongoing investigation.
            (4) Administrative support services.--Upon the request of 
        the Commission, the Administrator of General Services shall 
        provide to the Commission, on a reimbursable basis, the 
        administrative support services necessary for the Commission to 
        carry out its responsibilities under this title.

[[Page 110 STAT. 1308]]

    (f) Report.--The Commission shall transmit a report to the Congress 
and the public not later than 2 years after a quorum of the Commission 
has been appointed. The report shall contain a detailed statement of the 
findings and conclusions of the Commission, together with the 
Commission's recommendations for such actions as the Commission 
considers appropriate.
    (g) Termination.--The Commission shall terminate 30 days after 
submitting the report required by this section.

SEC. 807. <<NOTE: 18 USC 470 note.>>  COMBATTING INTERNATIONAL 
            COUNTERFEITING OF UNITED STATES CURRENCY.

    (a) In General.--The Secretary of the Treasury (hereafter in this 
section referred to as the ``Secretary''), in consultation with the 
advanced counterfeit deterrence steering committee, shall--
            (1) study the use and holding of United States currency in 
        foreign countries; and
            (2) develop useful estimates of the amount of counterfeit 
        United States currency that circulates outside the United States 
        each year.

    (b) Evaluation Audit Plan.--
            (1) In general.--The Secretary shall develop an effective 
        international evaluation audit plan that is designed to enable 
        the Secretary to carry out the duties described in subsection 
        (a) on a regular and thorough basis.
            (2) Submission of detailed written summary.--The Secretary 
        shall submit a detailed written summary of the evaluation audit 
        plan developed pursuant to paragraph (1) to the Congress before 
        the end of the 6-month period beginning on the date of the 
        enactment of this Act.
            (3) First evaluation audit under plan.--The Secretary shall 
        begin the first evaluation audit pursuant to the evaluation 
        audit plan no later than the end of the 1-year period beginning 
        on the date of the enactment of this Act.
            (4) Subsequent evaluation audits.--At least 1 evaluation 
        audit shall be performed pursuant to the evaluation audit plan 
        during each 3-year period beginning after the date of the 
        commencement of the evaluation audit referred to in paragraph 
        (3).

    (c) Reports.--
            (1) In general.--The Secretary shall submit a written report 
        to the Committee on Banking and Financial Services of the House 
        of Representatives and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate on the results of each evaluation 
        audit conducted pursuant to subsection (b) within 90 days after 
        the completion of the evaluation audit.
            (2) Contents.--In addition to such other information as the 
        Secretary may determine to be appropriate, each report submitted 
        to the Congress pursuant to paragraph (1) shall include the 
        following information:
                    (A) A detailed description of the evaluation audit 
                process and the methods used to develop estimates of the 
                amount of counterfeit United States currency in 
                circulation outside the United States.
                    (B) The method used to determine the currency sample 
                examined in connection with the evaluation audit and a 
                statistical analysis of the sample examined.

[[Page 110 STAT. 1309]]

                    (C) A list of the regions of the world, types of 
                financial institutions, and other entities included.
                    (D) An estimate of the total amount of United States 
                currency found in each region of the world.
                    (E) The total amount of counterfeit United States 
                currency and the total quantity of each counterfeit 
                denomination found in each region of the world.
            (3) Classification of information.--
                    (A) In general.--To the greatest extent possible, 
                each report submitted to the Congress under this 
                subsection shall be submitted in an unclassified form.
                    (B) Classified and unclassified forms.--If, in the 
                interest of submitting a complete report under this 
                subsection, the Secretary determines that it is 
                necessary to include classified information in the 
                report, the report shall be submitted in a classified 
                and an unclassified form.

    (d) Sunset Provision.--This section shall cease to be effective as 
of the end of the 10-year period beginning on the date of the enactment 
of this Act.
    (e) Rule of Construction.--No provision of this section shall be 
construed as authorizing any entity to conduct investigations of 
counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
            (1) United States currency is being counterfeited outside 
        the United States.
            (2) The One Hundred Third Congress enacted, with the 
        approval of the President on September 13, 1994, section 470 of 
        title 18, United States Code, making such activity a crime under 
        the laws of the United States.
            (3) The expeditious posting of agents of the United States 
        Secret Service to overseas posts, which is necessary for the 
        effective enforcement of section 470 and related criminal 
        provisions, has been delayed.
            (4) While section 470 of title 18, United States Code, 
        provides for a maximum term of imprisonment of 20 years as 
        opposed to a maximum term of 15 years for domestic 
        counterfeiting, the United States Sentencing Commission has 
        failed to provide, in its sentencing guidelines, for an 
        appropriate enhancement of punishment for defendants convicted 
        of counterfeiting United States currency outside the United 
        States.

    (g) Timely Consideration of Requests for Concurrence in Creation of 
Overseas Posts.--
            (1) In general.--The Secretary of State shall--
                    (A) consider in a timely manner the request by the 
                Secretary of the Treasury for the placement of such 
                number of agents of the United States Secret Service as 
                the Secretary of the Treasury considers appropriate in 
                posts in overseas embassies; and
                    (B) reach an agreement with the Secretary of the 
                Treasury on such posts as soon as possible and, in any 
                event, not later than December 31, 1996.
            (2) Cooperation of treasury required.--The Secretary of the 
        Treasury shall promptly provide any information requested by the 
        Secretary of State in connection with such requests.

[[Page 110 STAT. 1310]]

            (3) Reports required.--The Secretary of the Treasury and the 
        Secretary of State shall each submit, by February 1, 1997, a 
        written report to the Committee on Banking and Financial 
        Services of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate explaining the 
        reasons for the rejection, if any, of any proposed post and the 
        reasons for the failure, if any, to fill any approved post by 
        such date.

    (h) Enhanced Penalties for International Counterfeiting of United 
States Currency.--Pursuant to the authority of the United States 
Sentencing Commission under section 994 of title 28, United States Code, 
the Commission shall amend the sentencing guidelines prescribed by the 
Commission to provide an appropriate enhancement of the punishment for a 
defendant convicted under section 470 of title 18 of such Code.

SEC. 808. <<NOTE: 28 USC 534 note.>>  COMPILATION OF STATISTICS RELATING 
            TO INTIMIDATION OF GOVERNMENT EMPLOYEES.

    (a) Findings.--The Congress finds that--
            (1) threats of violence and acts of violence against 
        Federal, State, and local government employees and their 
        families are increasing as the result of attempts to stop public 
        servants from performing their lawful duties;
            (2) these acts are a danger to the constitutional form of 
        government of the United States; and
            (3) more information is needed relating to the extent and 
        nature of the danger to these employees and their families so 
        that actions can be taken to protect public servants at all 
        levels of government in the performance of their duties.

    (b) Statistics.--The Attorney General shall collect data, for the 
calendar year 1990 and each succeeding calendar year thereafter, 
relating to crimes and incidents of threats of violence and acts of 
violence against Federal, State, and local government employees and 
their families in the performance of their lawful duties. Such data 
shall include--
            (1) in the case of crimes against such employees and their 
        families, the nature of the crime; and
            (2) in the case of incidents of threats of violence and acts 
        of violence, including verbal and implicit threats against such 
        employees and their families, the deterrent effect on the 
        performance of their jobs.

    (c) Guidelines.--The Attorney General shall establish guidelines for 
the collection of the data under subsection (b), including a definition 
of the sufficiency of evidence of noncriminal incidents required to be 
reported.
    (d) Use of Data.--
            (1) Annual publishing.--The Attorney General shall publish 
        an annual summary of the data collected under this section.
            (2) Use of data.--Except with respect to the summary 
        published under paragraph (1), data collected under this section 
        shall be used only for research and statistical purposes.

    (e) Exemption.--The Attorney General, the Secretary of State, and 
the United States Secret Service is not required to participate in any 
statistical reporting activity under this section with respect to any 
direct or indirect threat made against any individual for whom that 
official or Service is authorized to provide protection.

[[Page 110 STAT. 1311]]

SEC. 809. <<NOTE: 42 USC 3721 note.>>  ASSESSING AND REDUCING THE THREAT 
            TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF 
            FIREARMS AND AMMUNITION.

    (a) The Secretary of the Treasury, in conjunction with the Attorney 
General, shall conduct a study and make recommendations concerning--
            (1) the extent and nature of the deaths and serious 
        injuries, in the line of duty during the last decade, for law 
        enforcement officers, including--
                    (A) those officers who were feloniously killed or 
                seriously injured and those that died or were seriously 
                injured as a result of accidents or other non-felonious 
                causes;
                    (B) those officers feloniously killed or seriously 
                injured with firearms, those killed or seriously injured 
                with, separately, handguns firing handgun caliber 
                ammunition, handguns firing rifle caliber ammunition, 
                rifles firing rifle caliber ammunition, rifles firing 
                handgun caliber ammunition and shotguns;
                    (C) those officers feloniously killed or seriously 
                injured with firearms, and killings or serious injuries 
                committed with firearms taken by officers' assailants 
                from officers, and those committed with other officers' 
                firearms; and
                    (D) those killed or seriously injured because shots 
                attributable to projectiles defined as ``armor piercing 
                ammunition'' under section 921(a)(17)(B) (i) and (ii) of 
                title 18, United States Code, pierced the protective 
                material of bullet resistant vests and bullet resistant 
                headgear;
            (2) whether current passive defensive strategies, such as 
        body armor, are adequate to counter the criminal use of firearms 
        against law officers; and
            (3) the calibers of ammunition that are--
                    (A) sold in the greatest quantities;
                    (B) their common uses, according to consultations 
                with industry, sporting organizations and law 
                enforcement;
                    (C) the calibers commonly used for civilian 
                defensive or sporting uses that would be affected by any 
                prohibition on non-law enforcement sales of such 
                ammunition, if such ammunition is capable of penetrating 
                minimum level bullet resistant vests; and
                    (D) recommendations for increase in body armor 
                capabilities to further protect law enforcement from 
                threat.

    (b) In conducting the study, the Secretary shall consult with other 
Federal, State and local officials, non-governmental organizations, 
including all national police organizations, national sporting 
organizations and national industry associations with expertise in this 
area and such other individuals as shall be deemed necessary. Such study 
shall be presented to Congress twelve months after the enactment of this 
Act and made available to the public, including any data tapes or data 
used to form such recommendations.
    (c) <<NOTE: Appropriation authorization.>>  There are authorized to 
be appropriated for the study and recommendations such sums as may be 
necessary.

SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.

    (a) Study.--The Attorney General and the Director of the Federal 
Bureau of Investigation shall study all applicable laws and guidelines 
relating to electronic surveillance and the use of pen registers and 
other trap and trace devices.

[[Page 110 STAT. 1312]]

    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Attorney General shall submit a report to the Congress 
that includes--
            (1) the findings of the study conducted pursuant to 
        subsection (a);
            (2) recommendations for the use of electronic devices in 
        conducting surveillance of terrorist or other criminal 
        organizations, and for any modifications in the law necessary to 
        enable the Federal Government to fulfill its law enforcement 
        responsibilities within appropriate constitutional parameters;
            (3) a summary of instances in which Federal law enforcement 
        authorities may have abused electronic surveillance powers and 
        recommendations, if needed, for constitutional safeguards 
        relating to the use of such powers; and
            (4) a summary of efforts to use current wiretap authority, 
        including detailed examples of situations in which expanded 
        authority would have enabled law enforcement authorities to 
        fulfill their responsibilities.

         Subtitle B--Funding Authorizations for Law Enforcement

SEC. 811. <<NOTE: 28 USC 531 note.>>  FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--With funds made available pursuant to subsection 
(c)--
            (1) the Attorney General shall--
                    (A) provide support and enhance the technical 
                support center and tactical operations of the Federal 
                Bureau of Investigation;
                    (B) create a Federal Bureau of Investigation 
                counterterrorism and counterintelligence fund for costs 
                associated with the investigation of cases involving 
                cases of terrorism;
                    (C) expand and improve the instructional, 
                operational support, and construction of the Federal 
                Bureau of Investigation Academy;
                    (D) construct a Federal Bureau of Investigation 
                laboratory, provide laboratory examination support, and 
                provide for a command center;
                    (E) make grants to States to carry out the 
                activities described in subsection (b); and
                    (F) increase personnel to support counterterrorism 
                activities; and
            (2) the Director of the Federal Bureau of Investigation may 
        expand the combined DNA Identification System (CODIS) to include 
        Federal crimes and crimes committed in the District of Columbia.

    (b) State Grants.--
            (1) Authorization.--The Attorney General, in consultation 
        with the Director of the Federal Bureau of Investigation, may 
        make grants to each State eligible under paragraph (2) to be 
        used by the chief executive officer of the State, in conjunction 
        with units of local government, other States, or any combination 
        thereof, to carry out all or part of a program to establish, 
        develop, update, or upgrade--

[[Page 110 STAT. 1313]]

                    (A) computerized identification systems that are 
                compatible and integrated with the databases of the 
                National Crime Information Center of the Federal Bureau 
                of Investigation;
                    (B) the capability to analyze deoxyribonucleic acid 
                (DNA) in a forensic laboratory in ways that are 
                compatible and integrated with the combined DNA 
                Identification System (CODIS) of the Federal Bureau of 
                Investigation; and
                    (C) automated fingerprint identification systems 
                that are compatible and integrated with the Integrated 
                Automated Fingerprint Identification System (IAFIS) of 
                the Federal Bureau of Investigation.
            (2) Eligibility.--To be eligible to receive a grant under 
        this subsection, a State shall require that each person 
        convicted of a felony of a sexual nature shall provide to 
        appropriate State law enforcement officials, as designated by 
        the chief executive officer of the State, a sample of blood, 
        saliva, or other specimen necessary to conduct a DNA analysis 
        consistent with the standards established for DNA testing by the 
        Director of the Federal Bureau of Investigation.
            (3) Interstate compacts.--A State may enter into a compact 
        or compacts with another State or States to carry out this 
        subsection.

    (c) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated for 
        the activities of the Federal Bureau of Investigation, to help 
        meet the increased demands for activities to combat terrorism--
                    (A) $114,000,000 for fiscal year 1997;
                    (B) $166,000,000 for fiscal year 1998;
                    (C) $96,000,000 for fiscal year 1999; and
                    (D) $92,000,000 for fiscal year 2000.
            (2) Availability of funds.--Funds made available pursuant to 
        paragraph (1), in any fiscal year, shall remain available until 
        expended.
            (3) Allocation.--
                    (A) In general.--Of the total amount appropriated to 
                carry out subsection (b) in a fiscal year--
                          (i) the greater of 0.25 percent of such amount 
                      or $500,000 shall be allocated to each eligible 
                      State; and
                          (ii) of the total funds remaining after the 
                      allocation under clause (i), there shall be 
                      allocated to each State an amount which bears the 
                      same ratio to the amount of remaining funds 
                      described in this subparagraph as the population 
                      of such State bears to the population of all 
                      States.
                    (B) Definition.--For purposes of this paragraph, the 
                term ``State'' means any State of the United States, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                the Virgin Islands, American Samoa, Guam, and the 
                Commonwealth of the Northern Mariana Islands, except 
                that for purposes of the allocation under this 
                subparagraph, American Samoa and the Commonwealth of the 
                Northern Mariana Islands shall be considered as one 
                State and that for these purposes, 67 percent of the 
                amounts allocated

[[Page 110 STAT. 1314]]

                shall be allocated to American Samoa, and 33 percent to 
                the Commonwealth of the Northern Mariana Islands.

SEC. 812. UNITED STATES CUSTOMS SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the United States Customs Service, to help meet the 
increased needs of the United States Customs Service--
            (1) $8,000,000 for fiscal year 1997;
            (2) $8,000,000 for fiscal year 1998;
            (3) $8,000,000 for fiscal year 1999; and
            (4) $7,000,000 for fiscal year 2000.

    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the Immigration and Naturalization Service, to help meet 
the increased needs of the Immigration and Naturalization Service, 
including the detention and removal of alien terrorists, $5,000,000 for 
each of the fiscal years 1997, 1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.

    (a) Activities of Drug Enforcement Administration.--The Attorney 
General shall use funds made available pursuant to subsection (b) to--
            (1) fund antiviolence crime initiatives;
            (2) fund initiatives to address major violators of Federal 
        antidrug statutes; and
            (3) enhance or replace infrastructure of the Drug 
        Enforcement Administration.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Drug Enforcement Administration, to help meet the 
increased needs of the Drug Enforcement Administration--
            (1) $35,000,000 for fiscal year 1997;
            (2) $40,000,000 for fiscal year 1998;
            (3) $45,000,000 for fiscal year 1999; and
            (4) $52,000,000 for fiscal year 2000.

    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 815. DEPARTMENT OF JUSTICE.

    (a) In General.--The Attorney General shall use funds made available 
pursuant to subsection (b) to--
            (1) hire additional Assistant United States Attorneys and 
        attorneys within the Criminal Division of the Department of 
        Justice; and
            (2) provide for increased security at courthouses and other 
        facilities in which Federal workers are employed.

    (b) Authorization of Additional Appropriations.--There are 
authorized to be appropriated to carry out this section--
            (1) $10,000,000 for fiscal year 1997;
            (2) $10,000,000 for fiscal year 1998;

[[Page 110 STAT. 1315]]

            (3) $10,000,000 for fiscal year 1999; and
            (4) $11,000,000 for fiscal year 2000.

    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.
    (d) <<NOTE: 28 USC 533 note.>>  Exemption Authority.--
Notwithstanding any other provision of law, section 102(b) of the 
Department of Justice and Related Agencies Appropriations Act, 1993 
(Public Law 102-395), shall remain in effect until specifically 
repealed, subject to any limitation on appropriations contained in any 
Department of Justice Appropriation Authorization Act.

    (e) General Reward Authority of the Attorney General.--
            (1) In general.--Chapter 203 of title 18, United States 
        Code, is amended by adding immediately after section 3059A the 
        following section:

``Sec. 3059B. General reward authority

    ``(a) Notwithstanding any other provision of law, the Attorney 
General may pay rewards and receive from any department or agency funds 
for the payment of rewards under this section to any individual who 
assists the Department of Justice in performing its functions.
    ``(b) Not later than 30 days after authorizing a reward under this 
section that exceeds $100,000, the Attorney General shall give notice to 
the respective chairmen of the Committees on Appropriations and the 
Committees on the Judiciary of the Senate and the House of 
Representatives.
    ``(c) A determination made by the Attorney General to authorize an 
award under this section and the amount of any reward authorized shall 
be final and conclusive, and not subject to judicial review.''.

SEC. 816. DEPARTMENT OF THE TREASURY.

    (a) In General.--There are authorized to be appropriated for 
Department of Treasury law enforcement agencies engaged in 
counterterrorism efforts to augment those efforts--
            (1) $10,000,000 for fiscal year 1997;
            (2) $10,000,000 for fiscal year 1998;
            (3) $10,000,000 for fiscal year 1999; and
            (4) $10,000,000 for fiscal year 2000.

    (b) United States Secret Service.--There are authorized to be 
appropriated for the activities of the United States Secret Service, to 
augment White House security and expand Presidential protection 
activities--
            (1) $11,000,000 for fiscal year 1997;
            (2) $11,000,000 for fiscal year 1998;
            (3) $13,000,000 for fiscal year 1999; and
            (4) $15,000,000 for fiscal year 2000.

SEC. 817. UNITED STATES PARK POLICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the United States Park Police, to help meet the increased 
needs of the United States Park Police, $500,000 for each of the fiscal 
years 1997, 1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

[[Page 110 STAT. 1316]]

SEC. 818. THE JUDICIARY.

    (a) In General.--There are authorized to be appropriated to the 
Federal judiciary, to help meet the increased demands for judicial 
branch activities, including supervised release, and pretrial and 
probation services, resulting from the enactment of this Act--
            (1) $10,000,000 for fiscal year 1997;
            (2) $10,000,000 for fiscal year 1998;
            (3) $10,000,000 for fiscal year 1999; and
            (4) $11,000,000 for fiscal year 2000.

    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 819. <<NOTE: 15 USC 2201 note.>>  LOCAL FIREFIGHTER AND EMERGENCY 
            SERVICES TRAINING.

    (a) Grant Authorization.--The Attorney General, in consultation with 
the Director of the Federal Emergency Management Agency, may make grants 
to provide specialized training and equipment to enhance the capability 
of metropolitan fire and emergency service departments to respond to 
terrorist attacks.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1997, $5,000,000 to carry out this section.

SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE DETECTION 
            DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY.

    There are authorized to be appropriated to the National Institute of 
Justice Office of Science and Technology not more than $10,000,000 for 
each of the fiscal years 1997 and 1998 to provide assistance to foreign 
countries facing an imminent danger of terrorist attack that threatens 
the national interest of the United States, or puts United States 
nationals at risk, in--
            (1) obtaining explosive detection devices and other 
        counterterrorism technology;
            (2) conducting research and development projects on such 
        technology; and
            (3) testing and evaluating counterterrorism technologies in 
        those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
            TECHNOLOGIES.

    There are authorized to be appropriated to the National Institute of 
Justice Office of Science and Technology not more than $10,000,000 for 
fiscal year 1997, to--
            (1) develop technologies that can be used to combat 
        terrorism, including technologies in the areas of--
                    (A) detection of weapons, explosives, chemicals, and 
                persons;
                    (B) tracking;
                    (C) surveillance;
                    (D) vulnerability assessment; and
                    (E) information technologies;
            (2) develop standards to ensure the adequacy of products 
        produced and compatibility with relevant national systems; and
            (3) identify and assess requirements for technologies to 
        assist State and local law enforcement in the national program 
        to combat terrorism.

[[Page 110 STAT. 1317]]

SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND 
            EQUIPMENT.

    (a) Amendment of Byrne Grant Program.--Section 501(b) of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (24);
            (2) by striking the period at the end of paragraph (25) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(26) to develop and implement antiterrorism training 
        programs and to procure equipment for use by local law 
        enforcement authorities.''.

    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for each of fiscal years 1997 through 2000 for 
grants under section 501 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3751(b)) to be used for the development and 
implementation of antiterrorism training programs and to procure 
equipment for use by local law enforcement authorities.

SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle may be 
made from the Violent Crime Reduction Trust Fund.

                         TITLE IX--MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

    (a) <<NOTE: 18 USC 7 note.>>  Territorial Sea Extending to Twelve 
Miles Included in Special Maritime and Territorial Jurisdiction.--The 
Congress declares that all the territorial sea of the United States, as 
defined by Presidential Proclamation 5928 of December 27, 1988, for 
purposes of Federal criminal jurisdiction is part of the United States, 
subject to its sovereignty, and is within the special maritime and 
territorial jurisdiction of the United States for the purposes of title 
18, United States Code.

    (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of 
title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after ``title,'' the 
        following: ``or on, above, or below any portion of the 
        territorial sea of the United States not within the jurisdiction 
        of any State, Commonwealth, territory, possession, or 
        district''; and
            (2) by adding at the end the following new subsection:

    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Commonwealth, territory, 
possession, or district, such waters (including the airspace above and 
the seabed and subsoil below, and artificial islands and fixed 
structures erected thereon) shall be deemed, for purposes of subsection 
(a), to lie within the area of the State, Commonwealth, territory, 
possession, or district that it would lie within if the boundaries of 
such State, Commonwealth, territory, possession, or district were 
extended seaward to the outer limit of the territorial sea of the United 
States.''.

SEC. 902. <<NOTE: 42 USC 1973gg note.>>  PROOF OF CITIZENSHIP.

    Notwithstanding any other provision of law, a Federal, State, or 
local government agency may not use a voter registration card (or other 
related document) that evidences registration for an elec

[[Page 110 STAT. 1318]]

tion for Federal office, as evidence to prove United States citizenship.

SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.

    (a) In General.--Section 3006A of title 18, United States Code, is 
amended--
            (1) in subsection (d)--
                    (A) by redesignating paragraphs (4), (5), and (6) as 
                paragraphs (5), (6), and (7), respectively; and
                    (B) by inserting after paragraph (3) the following:
            ``(4) Disclosure of fees.--The amounts paid under this 
        subsection, for representation in any case, shall be made 
        available to the public.''; and
            (2) in subsection (e) by adding at the end the following:
            ``(4) Disclosure of fees.--The amounts paid under this 
        subsection for services in any case shall be made available to 
        the public.''.

    (b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the 
Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as 
follows:
    ``(10)(A) Compensation shall be paid to attorneys appointed under 
this subsection at a rate of not more than $125 per hour for in-court 
and out-of-court time. Not less than 3 years after the date of the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, 
the Judicial Conference is authorized to raise the maximum for hourly 
payment specified in the paragraph up to the aggregate of the overall 
average percentages of the adjustments in the rates of pay for the 
General Schedule made pursuant to section 5305 of title 5 on or after 
such date. After the rates are raised under the preceding sentence, such 
hourly range may be raised at intervals of not less than one year, up to 
the aggregate of the overall average percentages of such adjustments 
made since the last raise under this paragraph.
    ``(B) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under paragraph (9) shall not 
exceed $7,500 in any case, unless payment in excess of that limit is 
certified by the court, or by the United States magistrate judge, if the 
services were rendered in connection with the case disposed of entirely 
before such magistrate judge, as necessary to provide fair compensation 
for services of an unusual character or duration, and the amount of the 
excess payment is approved by the chief judge of the circuit. The chief 
judge of the circuit may delegate such approval authority to an active 
circuit judge.
    ``(C) The amounts paid under this paragraph for services in any case 
shall be disclosed to the public, after the disposition of the 
petition.''.
    (c) <<NOTE: 18 USC 3006A note.>>  Effective Date.--The amendments 
made by this section apply to--
            (1) cases commenced on or after the date of the enactment of 
        this Act; and
            (2) appellate proceedings, in which an appeal is perfected, 
        on or after the date of the enactment of this Act.

[[Page 110 STAT. 1319]]

SEC. 904. <<NOTE: 18 USC 1 note.>>  SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or circumstance 
is held to be unconstitutional, the remainder of this Act, the 
amendments made by this Act, and the application of the provisions of 
such to any person or circumstance shall not be affected thereby.

    Approved April 24, 1996.

LEGISLATIVE HISTORY--S. 735 (H.R. 1710) (H.R. 2703):
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 104-383 accompanying H.R. 1710 (Comm. on the 
Judiciary) and 104-518 (Comm. of Conference).
CONGRESSIONAL RECORD:
                                                        Vol. 141 (1995):
                                    May 25, 26, June 5-7, considered and 
                                        passed Senate.
                                                        Vol. 142 (1996):
                                    Mar. 13, 14, H.R. 2703 considered 
                                        and passed House; S. 735, 
                                        amended, passed in lieu.
                                    Apr. 16, 17, Senate considered and 
                                        agreed to conference report.
                                    Apr. 18, House agreed to conference 
                                        report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
            Apr. 24, Presidential remarks and statement.

                                  <all>