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104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-518
_______________________________________________________________________
TERRORISM PREVENTION ACT
_______
April 15, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Hyde, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S.735]
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S. 735),
to prevent and punish acts of terrorism, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiterrorism and Effective
Death Penalty Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HABEAS CORPUS REFORM
Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
Subtitle C--Assistance to Victims of Terrorism
Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of
crime.
Sec. 236. Technical correction.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
Sec. 301. Findings and purpose.
Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.
Subtitle B--Prohibition on Assistance to Terrorist States
Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist
states.
Sec. 326. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United States
antiterrorism efforts.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
Sec. 401. Alien terrorist removal.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application
for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Modification to Asylum Procedures
Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.
Subtitle D--Criminal Alien Procedural Improvements
Sec. 431. Restricting the defense to exclusion based on 7 years
permanent residence for certain criminal aliens.
Sec. 432. Access to certain confidential immigration and naturalization
files through court order.
Sec. 433. Criminal alien identification system.
Sec. 434. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 435. Authority for alien smuggling investigations.
Sec. 436. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 437. Miscellaneous provisions.
Sec. 438. Interior repatriation program.
Sec. 439. Deportation of nonviolent offenders prior to completion of
sentence of imprisonment.
Sec. 440. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
Sec. 441. Criminal alien removal.
Sec. 442. Limitation on collateral attacks on underlying deportation
order.
Sec. 443. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 444. Extradition of aliens.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from
armories.
Subtitle B--Biological Weapons Restrictions
Sec. 511. Enhanced penalties and control of biological agents.
Subtitle C--Chemical Weapons Restrictions
Sec. 521. Chemical weapons of mass destruction; study of facility for
training and evaluation of personnel who respond to use of
chemical or biological weapons in urban and suburban areas.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sec. 601. Findings and purposes.
Sec. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of
property within special maritime and territorial jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the
dissemination of bomb-making instructional materials.
Subtitle B--Criminal Procedures
Sec. 721. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction
statute.
Sec. 726. Addition of terrorism offenses to the money laundering
statute.
Sec. 727. Protection of Federal employees; protection of current or
former officials, officers, or employees of the United States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive
materials.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of
Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal
interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States
currency.
Sec. 808. Compilation of statistics relating to intimidation of
Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers
from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.
Subtitle B--Funding Authorizations for Law Enforcement
Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive detection
devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism
technologies.
Sec. 822. Grants to State and local law enforcement for training and
equipment.
Sec. 823. Funding source.
TITLE IX--MISCELLANEOUS
Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.
TITLE I--HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitation
period shall run from the latest of--
``(A) the date on which the judgment became final
by the conclusion of direct review or the expiration of
the time for seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed,
if the applicant was prevented from filing by such
State action;
``(C) the date on which the constitutional right
asserted was initially recognized by the Supreme Court,
if the right has been newly recognized by the Supreme
Court and made retroactively applicable to cases on
collateral review; or
``(D) the date on which the factual predicate of
the claim or claims presented could have been
discovered through the exercise of due diligence.
``(2) The time during which a properly filed application
for State post-conviction or other collateral review with
respect to the pertinent judgment or claim is pending shall not
be counted toward any period of limitation under this
subsection.''.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to
read as follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under
section 2255 before a district judge, the final order shall be
subject to review, on appeal, by the court of appeals for the
circuit in which the proceeding is held.
``(b) There shall be no right of appeal from a final order
in a proceeding to test the validity of a warrant to remove to
another district or place for commitment or trial a person
charged with a criminal offense against the United States, or
to test the validity of such person's detention pending removal
proceedings.
``(c)(1) Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to the
court of appeals from--
``(A) the final order in a habeas corpus proceeding
in which the detention complained of arises out of
process issued by a State court; or
``(B) the final order in a proceeding under section
2255.
``(2) A certificate of appealability may issue under
paragraph (1) only if the applicant has made a substantial
showing of the denial of a constitutional right.
``(3) The certificate of appealability under paragraph (1)
shall indicate which specific issue or issues satisfy the
showing required by paragraph (2).''.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is
amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application
for a writ of habeas corpus shall be made to the appropriate
district court. If application is made to a circuit judge, the
application shall be transferred to the appropriate district
court. If an application is made to or transferred to the
district court and denied, renewal of the application before a
circuit judge shall not be permitted. The applicant may,
pursuant to section 2253 of title 28, United States Code,
appeal to the appropriate court of appeals from the order of
the district court denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus
proceeding in which the detention complained of arises out of
process issued by a State court, an appeal by the applicant for
the writ may not proceed unless a district or a circuit judge
issues a certificate of appealability pursuant to section
2253(c) of title 28, United States Code. If an appeal is taken
by the applicant, the district judge who rendered the judgment
shall either issue a certificate of appealability or state the
reasons why such a certificate should not issue. The
certificate or the statement shall be forwarded to the court of
appeals with the notice of appeal and the file of the
proceedings in the district court. If the district judge has
denied the certificate, the applicant for the writ may then
request issuance of the certificate by a circuit judge. If such
a request is addressed to the court of appeals, it shall be
deemed addressed to the judges thereof and shall be considered
by a circuit judge or judges as the court deems appropriate. If
no express request for a certificate is filed, the notice of
appeal shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by a
State or its representative, a certificate of appealability is
not required.''.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on
behalf of a person in custody pursuant to the judgment of a
State court shall not be granted unless it appears that--
``(A) the applicant has exhausted the remedies
available in the courts of the State; or
``(B)(i) there is an absence of available State
corrective process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be
denied on the merits, notwithstanding the failure of the
applicant to exhaust the remedies available in the courts of
the State.
``(3) A State shall not be deemed to have waived the
exhaustion requirement or be estopped from reliance upon the
requirement unless the State, through counsel, expressly waives
the requirement.'';
(2) by redesignating subsections (d), (e), and (f)
as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following
new subsection:
``(d) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not be granted with respect to any claim that was
adjudicated on the merits in State court proceedings unless the
adjudication of the claim--
``(1) resulted in a decision that was contrary to,
or involved an unreasonable application of, clearly
established Federal law, as determined by the Supreme
Court of the United States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a
writ of habeas corpus by a person in custody pursuant to the
judgment of a State court, a determination of a factual issue
made by a State court shall be presumed to be correct. The
applicant shall have the burden of rebutting the presumption of
correctness by clear and convincing evidence.
``(2) If the applicant has failed to develop the factual
basis of a claim in State court proceedings, the court shall
not hold an evidentiary hearing on the claim unless the
applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law,
made retroactive to cases on collateral review
by the Supreme Court, that was previously
unavailable; or
``(ii) a factual predicate that could not
have been previously discovered through the
exercise of due diligence; and
``(B) the facts underlying the claim would be
sufficient to establish by clear and convincing
evidence that but for constitutional error, no
reasonable factfinder would have found the applicant
guilty of the underlying offense.''; and
(5) by adding at the end the following new
subsections:
``(h) Except as provided in section 408 of the Controlled
Substances Act, in all proceedings brought under this section,
and any subsequent proceedings on review, the court may appoint
counsel for an applicant who is or becomes financially unable
to afford counsel, except as provided by a rule promulgated by
the Supreme Court pursuant to statutory authority. Appointment
of counsel under this section shall be governed by section
3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during
Federal or State collateral post-conviction proceedings shall
not be a ground for relief in a proceeding arising under
section 2254.''.
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new
undesignated paragraphs:
``A 1-year period of limitation shall apply to a motion
under this section. The limitation period shall run from the
latest of--
``(1) the date on which the judgment of conviction
becomes final;
``(2) the date on which the impediment to making a
motion created by governmental action in violation of
the Constitution or laws of the United States is
removed, if the movant was prevented from making a
motion by such governmental action;
``(3) the date on which the right asserted was
initially recognized by the Supreme Court, if that
right has been newly recognized by the Supreme Court
and made retroactively applicable to cases on
collateral review; or
``(4) the date on which the facts supporting the
claim or claims presented could have been discovered
through the exercise of due diligence.
``Except as provided in section 408 of the Controlled
Substances Act, in all proceedings brought under this section,
and any subsequent proceedings on review, the court may appoint
counsel, except as provided by a rule promulgated by the
Supreme Court pursuant to statutory authority. Appointment of
counsel under this section shall be governed by section 3006A
of title 18.
``A second or successive motion must be certified as
provided in section 2244 by a panel of the appropriate court of
appeals to contain--
``(1) newly discovered evidence that, if proven and
viewed in light of the evidence as a whole, would be
sufficient to establish by clear and convincing
evidence that no reasonable factfinder would have found
the movant guilty of the offense; or
``(2) a new rule of constitutional law, made
retroactive to cases on collateral review by the
Supreme Court, that was previously unavailable.''.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section
2244(a) of title 28, United States Code, is amended by striking
``and the petition'' and all that follows through ``by such
inquiry.'' and inserting ``, except as provided in section
2255.''.
(b) Limits on Second or Successive Applications.--Section
2244(b) of title 28, United States Code, is amended to read as
follows:
``(b)(1) A claim presented in a second or successive habeas
corpus application under section 2254 that was presented in a
prior application shall be dismissed.
``(2) A claim presented in a second or successive habeas
corpus application under section 2254 that was not presented in
a prior application shall be dismissed unless--
``(A) the applicant shows that the claim relies on
a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that
was previously unavailable; or
``(B)(i) the factual predicate for the claim could
not have been discovered previously through the
exercise of due diligence; and
``(ii) the facts underlying the claim, if proven
and viewed in light of the evidence as a whole, would
be sufficient to establish by clear and convincing
evidence that, but for constitutional error, no
reasonable factfinder would have found the applicant
guilty of the underlying offense.
``(3)(A) Before a second or successive application
permitted by this section is filed in the district court, the
applicant shall move in the appropriate court of appeals for an
order authorizing the district court to consider the
application.
``(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or
successive application shall be determined by a three-judge
panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a
second or successive application only if it determines that the
application makes a prima facie showing that the application
satisfies the requirements of this subsection.
``(D) The court of appeals shall grant or deny the
authorization to file a second or successive application not
later than 30 days after the filing of the motion.
``(E) The grant or denial of an authorization by a court of
appeals to file a second or successive application shall not be
appealable and shall not be the subject of a petition for
rehearing or for a writ of certiorari.
``(4) A district court shall dismiss any claim presented in
a second or successive application that the court of appeals
has authorized to be filed unless the applicant shows that the
claim satisfies the requirements of this section.''.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--
Title 28, United States Code, is amended by inserting after
chapter 153 the following new chapter:
``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 by State law, a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in State post-conviction proceedings brought
by indigent prisoners whose capital convictions and sentences
have been upheld on direct appeal to the court of last resort
in the State or have otherwise become final for State law
purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must
offer counsel to all State prisoners under capital sentence and
must provide for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent
the prisoner upon a finding that the prisoner is
indigent and accepted the offer or is unable
competently to decide whether to accept or reject the
offer;
``(2) finding, after a hearing if necessary, that
the prisoner rejected the offer of counsel and made the
decision with an understanding of its legal
consequences; or
``(3) denying the appointment of counsel upon a
finding that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and
(c) to represent a State prisoner under capital sentence shall
have previously represented the prisoner at trial or on direct
appeal in the case for which the appointment is made unless the
prisoner and counsel expressly request continued
representation.
``(e) The ineffectiveness or incompetence of counsel during
State or Federal post-conviction proceedings in a capital case
shall not be a ground for relief in a proceeding arising under
section 2254. This limitation shall not preclude the
appointment of different counsel, on the court's own motion or
at the request of the prisoner, at any phase of State or
Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of
record of an order under section 2261(c), a warrant or order
setting an execution date for a State prisoner shall be stayed
upon application to any court that would have jurisdiction over
any proceedings filed under section 2254. The application shall
recite that the State has invoked the post-conviction review
procedures of this chapter and that the scheduled execution is
subject to stay.
``(b) A stay of execution granted pursuant to subsection
(a) shall expire if--
``(1) a State prisoner fails to file a habeas
corpus application under section 2254 within the time
required in section 2263;
``(2) before a court of competent jurisdiction, in
the presence of counsel, unless the prisoner has
competently and knowingly waived such counsel, and
after having been advised of the consequences, a State
prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254; or
``(3) a State prisoner files a habeas corpus
petition under section 2254 within the time required by
section 2263 and fails to make a substantial showing of
the denial of a Federal right or is denied relief in
the district court or at any subsequent stage of
review.
``(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the authority
to enter a stay of execution in the case, unless the court of
appeals approves the filing of a second or successive
application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus
relief under section 2254 must be filed in the appropriate
district court not later than 180 days after final State court
affirmance of the conviction and sentence on direct review or
the expiration of the time for seeking such review.
``(b) The time requirements established by subsection (a)
shall be tolled--
``(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court of
the affirmance of a capital sentence on direct review
by the court of last resort of the State or other final
State court decision on direct review;
``(2) from the date on which the first petition for
post-conviction review or other collateral relief is
filed until the final State court disposition of such
petition; and
``(3) during an additional period not to exceed 30
days, if--
``(A) a motion for an extension of time is
filed in the Federal district court that would
have jurisdiction over the case upon the filing
of a habeas corpus application under section
2254; and
``(B) a showing of good cause is made for
the failure to file the habeas corpus
application within the time period established
by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence
files a petition for habeas corpus relief to which this chapter
applies, the district court shall only consider a claim or
claims that have been raised and decided on the merits in the
State courts, unless the failure to raise the claim properly
is--
``(1) the result of State action in violation of
the Constitution or laws of the United States;
``(2) the result of the Supreme Court's recognition
of a new Federal right that is made retroactively
applicable; or
``(3) based on a factual predicate that could not
have been discovered through the exercise of due
diligence in time to present the claim for State or
Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and
(e) of section 2254, the court shall rule on the claims
properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review'
procedure means a State procedure that authorizes a person
under sentence of death to raise, in the course of direct
review of the judgment, such claims as could be raised on
collateral attack. This chapter shall apply, as provided in
this section, in relation to a State unitary review procedure
if the State establishes by rule of its court of last resort or
by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel
in the unitary review proceedings, including expenses relating
to the litigation of collateral claims in the proceedings. The
rule of court or statute must provide standards of competency
for the appointment of such counsel.
``(b) To qualify under this section, a unitary review
procedure must include an offer of counsel following trial for
the purpose of representation on unitary review, and entry of
an order, as provided in section 2261(c), concerning
appointment of counsel or waiver or denial of appointment of
counsel for that purpose. No counsel appointed to represent the
prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for
which the appointment is made unless the prisoner and counsel
expressly request continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in
relation to cases involving a sentence of death from any State
having a unitary review procedure that qualifies under this
section. References to State `post-conviction review' and
`direct review' in such sections shall be understood as
referring to unitary review under the State procedure. The
reference in section 2262(a) to `an order under section
2261(c)' shall be understood as referring to the post-trial
order under subsection (b) concerning representation in the
unitary review proceedings, but if a transcript of the trial
proceedings is unavailable at the time of the filing of such an
order in the appropriate State court, then the start of the
180-day limitation period under section 2263 shall be deferred
until a transcript is made available to the prisoner or counsel
of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section
2254 that is subject to this chapter, and the adjudication of
any motion under section 2255 by a person under sentence of
death, shall be given priority by the district court and by the
court of appeals over all noncapital matters.
``(b)(1)(A) A district court shall render a final
determination and enter a final judgment on any application for
a writ of habeas corpus brought under this chapter in a capital
case not later than 180 days after the date on which the
application is filed.
``(B) A district court shall afford the parties at least
120 days in which to complete all actions, including the
preparation of all pleadings and briefs, and if necessary, a
hearing, prior to the submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for the
finding, that the ends of justice that would be served by
allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
``(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition of
an application is warranted are as follows:
``(I) Whether the failure to allow the delay would
be likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so
complex, due to the number of defendants, the nature of
the prosecution, or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate
briefing within the time limitations established by
subparagraph (A).
``(III) Whether the failure to allow a delay in a
case that, taken as a whole, is not so unusual or so
complex as described in subclause (II), but would
otherwise deny the applicant reasonable time to obtain
counsel, would unreasonably deny the applicant or the
government continuity of counsel, or would deny counsel
for the applicant or the government the reasonable time
necessary for effective preparation, taking into
account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible
because of general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued
under clause (i) to the Director of the Administrative Office
of the United States Courts for inclusion in the report under
paragraph (5).
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas
corpus;
``(B) any second or successive application for a
writ of habeas corpus; and
``(C) any redetermination of an application for a
writ of habeas corpus following a remand by the court
of appeals or the Supreme Court for further
proceedings, in which case the limitation period shall
run from the date the remand is ordered.
``(3)(A) The time limitations under this section shall not
be construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas
corpus under this chapter shall be permitted after the filing
of the answer to the application, except on the grounds
specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by petitioning for a writ of mandamus to the court of
appeals. The court of appeals shall act on the petition for a
writ of mandamus not later than 30 days after the filing of the
petition.
``(5)(A) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance by
the district courts with the time limitations under this
section.
``(B) The report described in subparagraph (A) shall
include copies of the orders submitted by the district courts
under paragraph (1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a
final determination of any appeal of an order granting or
denying, in whole or in part, an application brought under this
chapter in a capital case not later than 120 days after the
date on which the reply brief is filed, or if no reply brief is
filed, not later than 120 days after the date on which the
answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc
not later than 30 days after the date on which the petition for
rehearing is filed unless a responsive pleading is required, in
which case the court shall decide whether to grant the petition
not later than 30 days after the date on which the responsive
pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the
date on which the order granting rehearing or rehearing en banc
is entered.
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas
corpus;
``(B) any second or successive application for a
writ of habeas corpus; and
``(C) any redetermination of an application for a
writ of habeas corpus or related appeal following a
remand by the court of appeals en banc or the Supreme
Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by applying for a writ of mandamus to the Supreme
Court.
``(5) The Administrative Office of 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) Effective Date.--Chapter 154 of title 28, United States
Code (as added by subsection (a)) shall apply to cases pending
on or after the date of enactment of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C.
848(q)) is amended by amending paragraph (9) to read as
follows:
``(9) Upon a finding that investigative, expert, or other
services are reasonably necessary for the representation of the
defendant, whether in connection with issues relating to guilt
or the sentence, the court may authorize the defendant's
attorneys to obtain such services on behalf of the defendant
and, if so authorized, shall order the payment of fees and
expenses therefor under paragraph (10). No ex parte proceeding,
communication, or request may be considered pursuant to this
section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request
shall be transcribed and made a part of the record available
for appellate review.''.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Mandatory Victims
Restitution Act of 1996''.
SEC. 202. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking ``may'' and inserting ``shall'';
and
(2) by striking ``sections 3663 and 3664.'' and
inserting ``section 3663A, and may order restitution in
accordance with section 3663. The procedures under
section 3664 shall apply to all orders of restitution
under this section.''.
SEC. 203. CONDITIONS OF PROBATION.
Section 3563 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and''
at the end;
(B) in the first paragraph (4) (relating to
conditions of probation for a domestic crime of
violence), by striking the period and inserting
a semicolon;
(C) by redesignating the second paragraph
(4) (relating to conditions of probation
concerning drug use and testing) as paragraph
(5);
(D) in paragraph (5), as redesignated, by
striking the period at the end and inserting a
semicolon; and
(E) by inserting after paragraph (5), as
redesignated, the following new paragraphs:
``(6) that the defendant--
``(A) make restitution in accordance with
sections 2248, 2259, 2264, 2327, 3663, 3663A,
and 3664; and
``(B) pay the assessment imposed in
accordance with section 3013; and
``(7) that the defendant will notify the court of
any material change in the defendant's economic
circumstances that might affect the defendant's ability
to pay restitution, fines, or special assessments.'';
and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through
(22) as paragraphs (2) through (21),
respectively; and
(C) by amending paragraph (2), as
redesignated, to read as follows:
``(2) make restitution to a victim of the offense
under section 3556 (but not subject to the limitation
of section 3663(a) or 3663A(c)(1)(A));''.
SEC. 204. MANDATORY RESTITUTION.
(a) In General.--Chapter 232 of title 18, United States
Code, is amended by inserting immediately after section 3663
the following new section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
``(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in
subsection (c), the court shall order, in addition to, or in
the case of a misdemeanor, in addition to or in lieu of, any
other penalty authorized by law, that the defendant make
restitution to the victim of the offense or, if the victim is
deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim'
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, may assume the victim's rights under this section, but
in no event shall the defendant be named as such representative
or guardian.
``(3) The court shall also order, if agreed to by the
parties in a plea agreement, restitution to persons other than
the victim of the offense.
``(b) The order of restitution shall require that such
defendant--
``(1) in the case of an offense resulting in damage
to or loss or destruction of property of a victim of
the offense--
``(A) return the property to the owner of
the property or someone designated by the
owner; or
``(B) if return of the property under
subparagraph (A) is impossible, impracticable,
or inadequate, pay an amount equal to--
``(i) the greater of--
``(I) the value of the
property on the date of the
damage, loss, or destruction;
or
``(II) the value of the
property on the date of
sentencing, less
``(ii) the value (as of the date
the property is returned) of any part
of the property that is returned;
``(2) in the case of an offense resulting in bodily
injury to a victim--
``(A) pay an amount equal to the cost of
necessary medical and related professional
services and devices relating to physical,
psychiatric, and psychological care, including
nonmedical care and treatment rendered in
accordance with a method of healing recognized
by the law of the place of treatment;
``(B) pay an amount equal to the cost of
necessary physical and occupational therapy and
rehabilitation; and
``(C) reimburse the victim for income lost
by such victim as a result of such offense;
``(3) in the case of an offense resulting in bodily
injury that results in the death of the victim, pay an
amount equal to the cost of necessary funeral and
related services; and
``(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses incurred during participation in the
investigation or prosecution of the offense or
attendance at proceedings related to the offense.
``(c)(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements relating to
charges for, any offense--
``(A) that is--
``(i) a crime of violence, as defined in
section 16;
``(ii) an offense against property under
this title, including any offense committed by
fraud or deceit; or
``(iii) an offense described in section
1365 (relating to tampering with consumer
products); and
``(B) in which an identifiable victim or victims
has suffered a physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result
in a conviction for an offense described in paragraph (1), this
section shall apply only if the plea specifically states that
an offense listed under such paragraph gave rise to the plea
agreement.
``(3) This section shall not apply in the case of an
offense described in paragraph (1)(A)(ii) if the court finds,
from facts on the record, that--
``(A) the number of identifiable victims is so
large as to make restitution impracticable; or
``(B) determining complex issues of fact related to
the cause or amount of the victim's losses would
complicate or prolong the sentencing process to a
degree that the need to provide restitution to any
victim is outweighed by the burden on the sentencing
process.
``(d) An order of restitution under this section shall be
issued and enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of
title 18, United States Code, is amended by inserting
immediately after the matter relating to section 3663 the
following:
``3663A. Mandatory restitution to victims of certain crimes.''.
SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.
(a) In General.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)(1)--
(A) by striking ``(a)(1) The court'' and
inserting ``(a)(1)(A) The court'';
(B) by inserting ``, section 401, 408(a),
409, 416, 420, or 422(a) of the Controlled
Substances Act (21 U.S.C. 841, 848(a), 849,
856, 861, 863) (but in no case shall a
participant in an offense under such sections
be considered a victim of such offense under
this section),'' before ``or section 46312,'';
(C) by inserting ``other than an offense
described in section 3663A(c),'' after ``title
49,'';
(D) by inserting before the period at the
end the following: ``, or if the victim is
deceased, to the victim's estate'';
(E) by adding at the end the following new
subparagraph:
``(B)(i) The court, in determining whether to order
restitution under this section, shall consider--
``(I) the amount of the loss sustained by each
victim as a result of the offense; and
``(II) the financial resources of the defendant,
the financial needs and earning ability of the
defendant and the defendant's dependents, and such
other factors as the court deems appropriate.
``(ii) To the extent that the court determines that the
complication and prolongation of the sentencing process
resulting from the fashioning of an order of restitution under
this section outweighs the need to provide restitution to any
victims, the court may decline to make such an order.''; and
(F) by amending paragraph (2) to read as
follows:
``(2) For the purposes of this section, the term `victim'
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, may assume the victim's rights under this section, but
in no event shall the defendant be named as such representative
or guardian.'';
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new
subsections:
``(c)(1) Notwithstanding any other provision of law (but
subject to the provisions of subsections (a)(1)(B) (i)(II) and
(ii), when sentencing a defendant convicted of an offense
described in section 401, 408(a), 409, 416, 420, or 422(a) of
the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856,
861, 863), in which there is no identifiable victim, the court
may order that the defendant make restitution in accordance
with this subsection.
``(2)(A) An order of restitution under this subsection
shall be based on the amount of public harm caused by the
offense, as determined by the court in accordance with
guidelines promulgated by the United States Sentencing
Commission.
``(B) In no case shall the amount of restitution ordered
under this subsection exceed the amount of the fine ordered for
the offense charged in the case.
``(3) Restitution under this subsection shall be
distributed as follows:
``(A) 65 percent of the total amount of restitution
shall be paid to the State entity designated to
administer crime victim assistance in the State in
which the crime occurred.
``(B) 35 percent of the total amount of restitution
shall be paid to the State entity designated to receive
Federal substance abuse block grant funds.
``(4) The court shall not make an award under this
subsection if it appears likely that such award would interfere
with a forfeiture under chapter 46 of this title or under the
Controlled Substances Act (21 U.S.C. 801 et seq.).
``(5) Notwithstanding section 3612(c) or any other
provision of law, a penalty assessment under section 3013 or a
fine under subchapter C of chapter 227 shall take precedence
over an order of restitution under this subsection.
``(6) Requests for community restitution under this
subsection may be considered in all plea agreements negotiated
by the United States.
``(7)(A) The United States Sentencing Commission shall
promulgate guidelines to assist courts in determining the
amount of restitution that may be ordered under this
subsection.
``(B) No restitution shall be ordered under this subsection
until such time as the Sentencing Commission promulgates
guidelines pursuant to this paragraph.
``(d) An order of restitution made pursuant to this section
shall be issued and enforced in accordance with section
3664.''.
(b) Sexual Abuse.--Section 2248 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay to the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(c).
(c) Sexual Exploitation and Other Abuse of Children.--
Section 2259 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(e).
(d) Domestic Violence.--Section 2264 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new
subsection (c):
``(c) Victim Defined.--For purposes of this section, the
term `victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in
no event shall the defendant be named as such representative or
guardian.''.
(e) Telemarketing Fraud.--Section 2327 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay to the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(c).
SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.
(a) In General.--Section 3664 of title 18, United States
Code, is amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order of
restitution
``(a) For orders of restitution under this title, the court
shall order the probation officer to obtain and include in its
presentence report, or in a separate report, as the court may
direct, information sufficient for the court to exercise its
discretion in fashioning a restitution order. The report shall
include, to the extent practicable, a complete accounting of
the losses to each victim, any restitution owed pursuant to a
plea agreement, and information relating to the economic
circumstances of each defendant. If the number or identity of
victims cannot be reasonably ascertained, or other
circumstances exist that make this requirement clearly
impracticable, the probation officer shall so inform the court.
``(b) The court shall disclose to both the defendant and
the attorney for the Government all portions of the presentence
or other report pertaining to the matters described in
subsection (a) of this section.
``(c) The provisions of this chapter, chapter 227, and Rule
32(c) of the Federal Rules of Criminal Procedure shall be the
only rules applicable to proceedings under this section.
``(d)(1) Upon the request of the probation officer, but not
later than 60 days prior to the date initially set for
sentencing, the attorney for the Government, after consulting,
to the extent practicable, with all identified victims, shall
promptly provide the probation officer with a listing of the
amounts subject to restitution.
``(2) The probation officer shall, prior to submitting the
presentence report under subsection (a), to the extent
practicable--
``(A) provide notice to all identified victims of--
``(i) the offense or offenses of which the
defendant was convicted;
``(ii) the amounts subject to restitution
submitted to the probation officer;
``(iii) the opportunity of the victim to
submit information to the probation officer
concerning the amount of the victim's losses;
``(iv) the scheduled date, time, and place
of the sentencing hearing;
``(v) the availability of a lien in favor
of the victim pursuant to subsection (m)(1)(B);
and
``(vi) the opportunity of the victim to
file with the probation officer a separate
affidavit relating to the amount of the
victim's losses subject to restitution; and
``(B) provide the victim with an affidavit form to
submit pursuant to subparagraph (A)(vi).
``(3) Each defendant shall prepare and file with the
probation officer an affidavit fully describing the financial
resources of the defendant, including a complete listing of all
assets owned or controlled by the defendant as of the date on
which the defendant was arrested, the financial needs and
earning ability of the defendant and the defendant's
dependents, and such other information that the court requires
relating to such other factors as the court deems appropriate.
``(4) After reviewing the report of the probation officer,
the court may require additional documentation or hear
testimony. The privacy of any records filed, or testimony
heard, pursuant to this section shall bemaintained to the
greatest extent possible, and such records may be filed or testimony
heard in camera.
``(5) If the victim's losses are not ascertainable by the
date that is 10 days prior to sentencing, the attorney for the
Government or the probation officer shall so inform the court,
and the court shall set a date for the final determination of
the victim's losses, not to exceed 90 days after sentencing. If
the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to
petition the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
``(6) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate judge or
special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo
determination of the issue by the court.
``(e) Any dispute as to the proper amount or type of
restitution shall be resolved by the court by the preponderance
of the evidence. The burden of demonstrating the amount of the
loss sustained by a victim as a result of the offense shall be
on the attorney for the Government. The burden of demonstrating
the financial resources of the defendant and the financial
needs of the defendant's dependents, shall be on the defendant.
The burden of demonstrating such other matters as the court
deems appropriate shall be upon the party designated by the
court as justice requires.
``(f)(1)(A) In each order of restitution, the court shall
order restitution to each victim in the full amount of each
victim's losses as determined by the court and without
consideration of the economic circumstances of the defendant.
``(B) In no case shall the fact that a victim has received
or is entitled to receive compensation with respect to a loss
from insurance or any other source be considered in determining
the amount of restitution.
``(2) Upon determination of the amount of restitution owed
to each victim, the court shall, pursuant to section 3572,
specify in the restitution order the manner in which, and the
schedule according to which, the restitution is to be paid, in
consideration of--
``(A) the financial resources and other assets of
the defendant, including whether any of these assets
are jointly controlled;
``(B) projected earnings and other income of the
defendant; and
``(C) any financial obligations of the defendant;
including obligations to dependents.
``(3)(A) A restitution order may direct the defendant to
make a single, lump-sum payment, partial payments at specified
intervals, in-kind payments, or a combination of payments at
specified intervals and in-kind payments.
``(B) A restitution order may direct the defendant to make
nominal periodic payments if the court finds from facts on the
record that the economic circumstances of the defendant do not
allow the payment of any amount of a restitution order, and do
not allow for the payment of the full amount of a restitution
order in the foreseeable future under any reasonable schedule
of payments.
``(4) An in-kind payment described in paragraph (3) may be
in the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to
the victim or a person or organization other than the
victim.
``(g)(1) No victim shall be required to participate in any
phase of a restitution order.
``(2) A victim may at any time assign the victim's interest
in restitution payments to the Crime Victims Fund in the
Treasury without in any way impairing the obligation of the
defendant to make such payments.
``(h) If the court finds that more than 1 defendant has
contributed to the loss of a victim, the court may make each
defendant liable for payment of the full amount of restitution
or may apportion liability among the defendants to reflect the
level of contribution to the victim's loss and economic
circumstances of each defendant.
``(i) If the court finds that more than 1 victim has
sustained a loss requiring restitution by a defendant, the
court may provide for a different payment schedule for each
victim based on the type and amount of each victim's loss and
accounting for the economic circumstances of each victim. In
any case in which the United States is a victim, the court
shall ensure that all other victims receive full restitution
before the United States receives any restitution.
``(j)(1) If a victim has received compensation from
insurance or any other source with respect to a loss, the court
shall order that restitution be paid to the person who provided
or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of victims
required by the order be paid to the victims before any
restitution is paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of
restitution shall be reduced by any amount later recovered as
compensatory damages for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent
provided by the law of the State.
``(k) A restitution order shall provide that the defendant
shall notify the court and the Attorney General of any material
change in the defendant's economic circumstances that might
affect the defendant's ability to pay restitution. The court
may also accept notification of a material change in the
defendant's economic circumstances from the United States or
from the victim. The Attorney General shall certify to the
court that the victim or victims owed restitution by the
defendant have been notified of the change in circumstances.
Upon receipt of the notification, the court may, on its own
motion, or the motion of any party, including the victim,
adjust the payment schedule, or require immediate payment in
full, as the interests of justice require.
``(l) A conviction of a defendant for an offense involving
the act giving rise to an order of restitution shall estop the
defendant from denying the essential allegations of that
offense in any subsequent Federal civil proceeding or State
civil proceeding, to the extent consistent with State law,
brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by
the United States in the manner provided for in subchapter C of
chapter 227 and subchapter B of chapter 229 of this title; or
``(ii) by all other available and reasonable means.
``(B) At the request of a victim named in a restitution
order, the clerk of the court shall issue an abstract of
judgment certifying that a judgment has been entered in favor
of such victim in the amount specified in the restitution
order. Upon registering, recording, docketing, or indexing such
abstract in accordance with the rules and requirements relating
to judgments of the court of the State where the district court
is located, the abstract of judgment shall be a lien on the
property of the defendant located in such State in the same
manner and to the same extent and under the same conditions as
a judgment of a court of general jurisdiction in that State.
``(2) An order of in-kind restitution in the form of
services shall be enforced by the probation officer.
``(n) If a person obligated to provide restitution, or pay
a fine, receives substantial resources from any source,
including inheritance, settlement, or other judgment, during a
period of incarceration, such person shall be required to apply
the value of such resources to any restitution or fine still
owed.
``(o) A sentence that imposes an order of restitution is a
final judgment notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the
Federal Rules of Criminal Procedure and section
3742 of chapter 235 of this title;
``(B) appealed and modified under section
3742;
``(C) amended under section 3664(d)(3); or
``(D) adjusted under section 3664(k), 3572,
or 3613A; or
``(2) the defendant may be resentenced under
section 3565 or 3614.
``(p) Nothing in this section or sections 2248, 2259, 2264,
2327, 3663, and 3663A and arising out of the application of
such sections, shall be construed to create a cause of action
not otherwise authorized in favor of any person against the
United States or any officer or employee of the United
States.''.
(b) Technical Amendment.--The item relating to section 3664
in the analysis for chapter 232 of title 18, United States
Code, is amended to read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.
SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.
(a) Amendment of Federal Rules of Criminal Procedure.--Rule
32(b) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the
following: ``Notwithstanding the preceding sentence, a
presentence investigation and report, or other report
containing information sufficient for the court to
enter an order of restitution, as the court may direct,
shall be required in any case in which restitution is
required to be ordered.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and
(G) as subparagraphs (G) and (H), respectively;
and
(B) by inserting after subparagraph (E),
the following new subparagraph:
``(F) in appropriate cases, information
sufficient for the court to enter an order of
restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code,
is amended--
(1) in subsection (b) by inserting ``other than the
United States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A
person sentenced to pay a fine or other
monetary penalty'' and inserting ``(1) A person
sentenced to pay a fine or other monetary
penalty, including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution
order, the order, permits other than immediate payment, the
length of time over which scheduled payments will be made shall
be set by the court, but shall be the shortest time in which
full payment can reasonably be made.
``(3) A judgment for a fine which permits payments in
installments shall include a requirement that the defendant
will notify the court of any material change in the defendant's
economic circumstances that might affect the defendant's
ability to pay the fine. Upon receipt of such notice the court
may, on its own motion or the motion of any party, adjust the
payment schedule, or require immediate payment in full, as the
interests of justice require.'';
(3) in subsection (f), by inserting ``restitution''
after ``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting
``or payment of restitution'' after ``A fine'';
and
(B) by amending the second sentence to read
as follows: ``Notwithstanding any installment
schedule, when a fine or payment of restitution
is in default, the entire amount of the fine or
restitution is due within 30 days after
notification of the default, subject to the
provisions of section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611
of title 18, United States Code, is amended--
(A) by amending the heading to read as
follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay
the fine or assessment'' and inserting ``,
assessment, or restitution, shall pay the fine,
assessment, or restitution''.
(2) Collection.--Section 3612 of title 18, United
States Code, is amended--
(A) by amending the heading to read as
follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding
subparagraph (A), by inserting ``or
restitution order'' after ``fine'';
(ii) in subparagraph (C), by
inserting ``or restitution order''
after ``fine'';
(iii) in subparagraph (E), by
striking ``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or
restitution order'' after
``fine''; and
(II) by striking the period
at the end and inserting ``;
and''; and
(v) by adding at the end the
following new subparagraph:
``(G) in the case of a restitution order,
information sufficient to identify each victim
to whom restitution is owed. It shall be the
responsibility of each victim to notify the
Attorney General, or the appropriate entity of
the court, by means of a form to be provided by
the Attorney General or the court, of any
change in the victim's mailing address while
restitution is still owed the victim. The
confidentiality of any information relating to
a victim shall be maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by
inserting ``or restitution'' after
``fine''; and
(ii) by adding at the end the
following: ``Any money received from a
defendant shall be disbursed so that
each of the following obligations is
paid in full in the following sequence:
``(1) A penalty assessment under section 3013 of
title 18, United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other
payments required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution''
after ``fine''; and
(ii) by striking ``is delinquent,
to inform him that the fine is
delinquent'' and inserting ``or
restitution is delinquent, to inform
the person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution''
after ``fine''; and
(ii) by striking ``him that the
fine is in default'' and inserting
``the person that the fine or
restitution is in default'';
(F) in subsection (f)--
(i) in the heading, by inserting
``and restitution'' after ``on fines'';
and
(ii) in paragraph (1), by inserting
``or restitution'' after ``any fine'';
(G) in subsection (g), by inserting ``or
restitution'' after ``fine'' each place it
appears; and
(H) in subsection (i), by inserting ``and
restitution'' after ``fines''.
(3) Civil remedies.--Section 3613 of title 18,
United States Code, is amended to read as follows:
``Sec. 3613. Civil remedies for satisfaction of an unpaid fine
``(a) Enforcement.--The United States may enforce a
judgment imposing a fine in accordance with the practices and
procedures for the enforcement of a civil judgment under
Federal law or State law. Notwithstanding any other Federal law
(including section 207 of the Social Security Act), a judgment
imposing a fine may be enforced against all property or rights
to property of the person fined, except that--
``(1) property exempt from levy for taxes pursuant
to section 6334(a) (1), (2), (3), (4), (5), (6), (7),
(8), (10), and (12) of the Internal Revenue Code of
1986 shall be exempt from enforcement of the judgment
under Federal law;
``(2) section 3014 of chapter 176 of title 28 shall
not apply to enforcement under Federal law; and
``(3) the provisions of section 303 of the Consumer
Credit Protection Act (15 U.S.C. 1673) shall apply to
enforcement of the judgment under Federal law or State
law.
``(b) Termination of Liability.--The liability to pay a
fine shall terminate the later of 20 years from the entry of
judgment or 20 years after the release from imprisonment of the
person fined, or upon the death of the individual fined.
``(c) Lien.--A fine imposed pursuant to the provisions of
subchapter C of chapter 227 of this title, or an order of
restitution made pursuant to sections 2248, 2259, 2264, 2327,
3663, 3663A, or 3664 of this title, is a lien in favor of the
United States on all property and rights to property of the
person fined as if the liability of the person fined were a
liability for a tax assessed under the Internal Revenue Code of
1986. The lien arises on the entry of judgment and continues
for 20 years or until the liability is satisfied, remitted, set
aside, or is terminated under subsection (b).
``(d) Effect of Filing Notice of Lien.--Upon filing of a
notice of lien in the manner in which a notice of tax lien
would be filed under section 6323(f) (1) and (2) of the
Internal Revenue Code of 1986, the lien shall be valid against
any purchaser, holder of a security interest, mechanic's lienor
or judgment lien creditor, except with respect to properties or
transactions specified in subsection (b), (c), or (d) of
section 6323 of the Internal Revenue Code of 1986 for which a
notice of tax lien properly filed on the same date would not be
valid. The notice of lien shall be considered a notice of lien
for taxes payable to the United States for the purpose of any
State or local law providing for the filing of a notice of a
tax lien. A notice of lien that is registered, recorded,
docketed, or indexed in accordance with the rules and
requirements relating to judgments of the courts of the State
where the notice of lien is registered, recorded, docketed, or
indexed shall be considered for all purposes as the filing
prescribed by this section. The provisions of section 3201(e)
of chapter 176 of title 28 shall apply to liens filed as
prescribed by this section.
``(e) Discharge of Debt Inapplicable.--No discharge of
debts in a proceeding pursuant to any chapter of title 11,
United States Code, shall discharge liability to pay a fine
pursuant to this section, and a lien filed as prescribed by
this section shall not be voided in a bankruptcy proceeding.
``(f) Applicability to Order of Restitution.--In accordance
with section 3664(m)(1)(A) of this title, all provisions of
this section are available to the United States for the
enforcement of an order of restitution.''.
(4) Default.--Chapter 229 of title 18, United
States Code, is amended by inserting after section 3613
the following new section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on
a payment of a fine or restitution, the court may, pursuant to
section 3565, revoke probation or a term of supervised release,
modify the terms or conditions of probation or a term of
supervised release, resentence a defendant pursuant to section
3614, hold the defendant in contempt of court, enter a
restraining order or injunction, order the sale of property of
the defendant, accept a performance bond, enter or adjust a
payment schedule, or take any other action necessary to obtain
compliance with the order of a fine or restitution.
``(2) In determining what action to take, the court shall
consider the defendant's employment status, earning ability,
financial resources, the willfulness in failing to comply with
the fine or restitution order, and any other circumstances that
may have a bearing on the defendant's ability or failure to
comply with the order of a fine or restitution.
``(b)(1) Any hearing held pursuant to this section may be
conducted by a magistrate judge, subject to de novo review by
the court.
``(2) To the extent practicable, in a hearing held pursuant
to this section involving a defendant who is confined in any
jail, prison, or other correctional facility, proceedings in
which the prisoner's participation is required or permitted
shall be conducted by telephone, video conference, or other
communications technology without removing the prisoner from
the facility in which the prisoner is confined.''.
(5) Resentencing.--Section 3614 of title 18, United
States Code, is amended--
(A) in the heading, by inserting ``or
restitution'' after ``fine'';
(B) in subsection (a), by inserting ``or
restitution'' after ``fine''; and
(C) by adding at the end the following new
subsection:
``(c) Effect of Indigency.--In no event shall a defendant
be incarcerated under this section solely on the basis of
inability to make payments because the defendant is
indigent.''.
(d) Clerical Amendment.--The table of sections at the
beginning of subchapter B of chapter 229 of title 18, United
States Code, is amended to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.
SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.
Pursuant to section 994 of title 28, United States Code,
the United States Sentencing Commission shall promulgate
guidelines or amend existing guidelines to reflect this
subtitle and the amendments made by this subtitle.
SEC. 209. JUSTICE DEPARTMENT REGULATIONS.
Not later than 90 days after the date of enactment of this
subtitle, the Attorney General shall promulgate guidelines, or
amend existing guidelines, to carry out this subtitle and the
amendments made by this subtitle and to ensure that--
(1) in all plea agreements negotiated by the United
States, consideration is given to requesting that the
defendant provide full restitution to all victims of
all charges contained in the indictment or information,
without regard to the counts to which the defendant
actually pleaded; and
(2) orders of restitution made pursuant to the
amendments made by this subtitle are enforced to the
fullest extent of the law.
SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is
amended--
(1) in subparagraph (A), by striking ``$50'' and
inserting ``not less than $100''; and
(2) in subparagraph (B), by striking ``$200'' and
inserting ``not less than $400''.
SEC. 211. EFFECTIVE DATE.
The amendments made by this subtitle shall, to the extent
constitutionally permissible, be effective for sentencing
proceedings in cases in which the defendant is convicted on or
after the date of enactment of this Act.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain
Cases.--Section 1605 of title 28, United States Code, is
amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of
paragraph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) not otherwise covered by paragraph (2), in
which money damages are sought against a foreign state
for personal injury or death that was caused by an act
of torture, extrajudicial killing, aircraft sabotage,
hostage taking, or the provision of material support or
resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material
support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency,
except that the court shall decline to hear a claim
under this paragraph--
``(A) if the foreign state was not
designated as a state sponsor of terrorism
under section 6(j) of the Export Administration
Act of 1979 (50 U.S. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) at the time the act occurred,
unless later so designated as a result of such
act; and
``(B) even if the foreign state is or was
so designated, if--
``(i) the act occurred in the
foreign state against which the claim
has been brought and the claimant has
not afforded the foreign state a
reasonable opportunity to arbitrate the
claim in accordance with accepted
international rules of arbitration; or
``(ii) the claimant or victim was
not a national of the United States (as
that term is defined in section
101(a)(22) of the Immigration and
Nationality Act) when the act upon
which the claim is based occurred.'';
and
(2) by adding at the end the following:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial
killing' have the meaning given those terms in section
3 of the Torture Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning
given that term in Article 1 of the International
Convention Against the Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning
given that term in Article 1 of the Convention for the
Suppression of Unlawful Acts Against the Safety of
Civil Aviation.
``(f) No action shall be maintained under subsection (a)(7)
unless the action is commenced not later than 10 years after
the date on which the cause of action arose. All principles of
equitable tolling, including the period during which the
foreign state was immune from suit, shall apply in calculating
this limitation period.
``(g) Limitation on Discovery.--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 that the
Attorney General certifies will 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 not longer so interfere.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28,
United States Code, is amended--
(A) by striking the period at the end of
paragraph (6) and inserting ``, or''; and
(B) by adding at the end the following new
paragraph:
``(7) the judgment relates to a claim for which the
foreign state is not immune under section 1605(a)(7),
regardless of whether the property is or was involved
with the act upon which the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2)
of title 28, United States Code, is amended--
(A) by striking ``or (5)'' and inserting
``(5), or (7)''; and
(B) by striking ``used for the activity''
and inserting ``involved in the act''.
(c) Applicability.--The amendments made by this subtitle
shall apply to any cause of action arising before, on, or after
the date of the enactment of this Act.
Subtitle C--Assistance to Victims of Terrorism
SEC. 231. SHORT TITLE.
This subtitle may be cited as the ``Justice for Victims of
Terrorism Act of 1996''.
SEC. 232. VICTIMS OF TERRORISM ACT.
(a) Authority To Provide Assistance and Compensation to
Victims of Terrorism.--The Victims of Crime Act of 1984 (42
U.S.C. 10601 et seq.) is amended by inserting after section
1404A the following new section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United
States.--The Director may make supplemental grants as provided
in section 1404(a) to States to provide compensation and
assistance to the residents of such States who, while outside
of the territorial boundaries of the United States, are victims
of a terrorist act or mass violence and are not persons
eligible for compensation under title VIII of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.
``(b) Victims of Terrorism Within the United States.--The
Director may make supplemental grants as provided in section
1404(d)(4)(B) to States for eligible crime victim compensation
and assistance programs to provide emergency relief, including
crisis response efforts, assistance, training, and technical
assistance, for the benefit of victims of terrorist acts or
mass violence occurring within the United States and may
provide funding to United States Attorney's Offices for use in
coordination with State victim compensation and assistance
efforts in providing emergency relief.''.
(b) Funding of Compensation and Assistance to Victims of
Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended
to read as follows:
``(4)(A) If the sums available in the Fund are
sufficient to fully provide grants to the States
pursuant to section 1403(a)(1), the Director may retain
any portion of the Fund that was deposited during a
fiscal year that was in excess of 110 percent of the
total amount deposited in the Fund during the preceding
fiscal year as an emergency reserve. Such reserve shall
not exceed $50,000,000.
``(B) The emergency reserve referred to in
subparagraph (A) may be used for supplemental grants
under section 1404B and to supplement the funds
available to provide grants to States for compensation
and assistance in accordance with sections 1403 and
1404 in years in which supplemental grants are
needed.''.
(c) Crime Victims Fund Amendments.--
(1) Unobligated funds.--Section 1402 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking
``subsection'' and inserting ``chapter''; and
(B) by amending subsection (e) to read as
follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as
part of a grant under this chapter that remains unspent at the
end of a fiscal year in which the grant is made may be expended
for the purpose for which the grant is made at any time during
the 2 succeeding fiscal years, at the end of which period, any
remaining unobligated sums in excess of $500,000 shall be
returned to the Treasury. Any remaining unobligated sums in an
amount less than $500,000 shall be returned to the Fund.''.
(2) Base amount.--Section 1404(a)(5) of the Victims
of Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended
to read as follows:
``(5) As used in this subsection, the term `base
amount' means--
``(A) except as provided in subparagraph
(B), $500,000; and
``(B) for the territories of the Northern
Mariana Islands, Guam, American Samoa, and the
Republic of Palau, $200,000, with the Republic
of Palau's share governed by the Compact of
Free Association between the United States and
the Republic of Palau.''.
SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(d)(3)) is amended--
(1) by inserting ``crimes involving terrorism,''
before ``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the
Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is
amended by inserting ``are outside of the United States (if the
compensable crime is terrorism, as defined in section 2331 of
title 18, United States Code), or'' before ``are States not
having''.
(c) Designation of Cartney McRaven Child Development
Center.--
(1) Designation.--
(A) In general.--The Federal building at
1314 LeMay Boulevard, Ellsworth Air Force Base,
South Dakota, shall be known as the ``Cartney
McRaven Child Development Center''.
(B) Replacement building.--If, after the
date of enactment of this Act, a new Federal
building is built at the location described in
subparagraph (A) to replace the building
described in the paragraph, the new Federal
building shall be known as the ``Cartney
McRaven Child Development Center''.
(2) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to a Federal building referred to in
paragraph (1) shall be deemed to be a reference to the
``Cartney McRaven Child Development Center''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect 1 year after the date of
enactment of this Act.
SEC. 234. CRIME VICTIMS FUND.
(a) Prohibition of Payments to Delinquent Criminal Debtors
by State Crime Victim Compensation Programs.--
(1) In general.--Section 1403(b) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking ``and'' at the end of
paragraph (7);
(B) by redesignating paragraph (8) as
paragraph (9); and
(C) by inserting after paragraph (7) the
following new paragraph:
``(8) such program does not provide compensation to
any person who has been convicted of an offense under
Federal law with respect to any time period during
which the person is delinquent in paying a fine, other
monetary penalty, or restitution imposed for the
offense; and''.
(2) Application of amendment.--Section 1403(b)(8)
of the Victims of Crime Act of 1984, as added by
paragraph (1) of this section, shall not be applied to
deny victims compensation to any person until the date
on which the Attorney General, in consultation with the
Director of the Administrative Office of the United
States Courts, issues a written determination that a
cost-effective, readily available criminal debt payment
tracking system operated by the agency responsible for
the collection of criminal debt has established cost-
effective, readily available communications links with
entities that administer Federal victim compensation
programs that are sufficient to ensure that victim
compensation is not denied to any person except as
authorized by law.
(b) Exclusion From Income for Purposes of Means Tests.--
Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C.
10602) is amended by inserting after subsection (b) the
following new subsection:
``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum
allowed income eligibility requirement in any Federal, State,
or local government program using Federal funds that provides
medical or other assistance (or payment or reimbursement of the
cost of such assistance) that becomes necessary to an applicant
for such assistance in full or in part because of the
commission of a crime against the applicant, as determined by
the Director, any amount of crime victim compensation that the
applicant receives through a crime victim compensation program
under this section shall not be included in the income of the
applicant until the total amount of assistance that the
applicant receives from all such programs is sufficient to
fully compensate the applicant for losses suffered as a result
of the crime.''.
SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF
CRIME.
(a) In General.--Notwithstanding any provision of the
Federal Rules of Criminal Procedure to the contrary, in order
to permit victims of crime to watch criminal trial proceedings
in cases where the venue of the trial is changed--
(1) out of the State in which the case was
initially brought; and
(2) more than 350 miles from the location in which
those proceedings originally would have taken place;
the trial court shall order closed circuit televising of the
proceedings to that location, for viewing by such persons the
court determines have a compelling interest in doing so and are
otherwise unable to do so by reason of the inconvenience and
expense caused by the change of venue.
(b) Limited Access.--
(1) Generally.--No other person, other than
official court and security personnel, or other persons
specifically designated by the court, shall be
permitted to view the closed circuit televising of the
proceedings.
(2) Exception.--The court shall not designate a
person under paragraph (1) if the presiding judge at
the trial determines that testimony by that person
would be materially affected if that person heard other
testimony at the trial.
(c) Restrictions.--
(1) The signal transmitted pursuant to subsection
(a) shall be under the control of the court at all
times and shall only be transmitted subject to the
terms and conditions imposed by the court.
(2) No public broadcast or dissemination shall be
made of the signal transmitted pursuant to subsection
(a). In the event any tapes are produced in carrying
out subsection (a), such tapes shall be the property of
the court and kept under seal.
(3) Any violations of this subsection, or any rule
or order made pursuant to this section, shall be
punishable as contempt of court as described in section
402 of title 18, United States Code.
(d) Donations.--The Administrative Office of the United
States Courts may accept donations to enable the courts to
carry out subsection (a).
(e) Construction.--
(1) Nothing in this section shall be construed--
(i) to create in favor of any person a
cause of action against the United States or
any officer or employees thereof, or
(ii) to provide any person with a defense
in any action in which application of this
section is made.
(f) Definition.--As used in this section, the term
``State'' means any State, the District of Columbia, or any
possession or territory of the United States.
(g) Rules.--The Judicial Conference of the United States,
pursuant to its rule making authority under section 331 of
title 28, United States Code, may promulgate and issue rules,
or amend existing rules, to effectuate the policy addressed by
this section. Upon the implementation of such rules, this
section shall cease to be effective.
(h) Effective Date.--This section shall only apply to cases
filed after January 1, 1995.
SEC. 236. TECHNICAL CORRECTION.
Section 1402(d)(3)(B) of the Victims of Crime Act of 1984
(42 U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A'' and
inserting ``1404(a)''.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
SEC. 301. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) international terrorism is a serious and deadly
problem that threatens the vital interests of the
United States;
(2) the Constitution confers upon Congress the
power to punish crimes against the law of nations and
to carry out the treaty obligations of the United
States, and therefore Congress may by law impose
penalties relating to the provision of material support
to foreign organizations engaged in terrorist activity;
(3) the power of the United States over immigration
and naturalization permits the exclusion from the
United States of persons belonging to international
terrorist organizations;
(4) international terrorism affects the interstate
and foreign commerce of the United States by harming
international trade and market stability, and limiting
international travel by United States citizens as well
as foreign visitors to the United States;
(5) international cooperation is required for an
effective response to terrorism, as demonstrated by the
numerous multilateral conventions in force providing
universal prosecutive jurisdiction over persons
involved in a variety of terrorist acts, including
hostage taking, murder of an internationally protected
person, and aircraft piracy and sabotage;
(6) some foreign terrorist organizations, acting
through affiliated groups or individuals, raise
significant funds within the United States, or use the
United States as a conduit for the receipt of funds
raised in other nations; and
(7) foreign organizations that engage in terrorist
activity are so tainted by their criminal conduct that
any contribution to such an organization facilitates
that conduct.
(b) Purpose.--The purpose of this subtitle is to provide
the Federal Government the fullest possible basis, consistent
with the Constitution, to prevent persons within the United
States, or subject to the jurisdiction of the United States,
from providing material support or resources to foreign
organizations that engage in terrorist activities.
SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
adding at the end the following:
``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to
designate an organization as a 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 an
organization under this subsection,
together with the findings made under
paragraph (1) with respect to that
organization, and the factual basis
therefor; and
``(ii) seven days after such
notification, publish the designation
in the Federal Register.
``(B) Effect of designation.--
``(i) For purposes of section 2339B
of title 18, United States Code, a
designation under this subsection shall
take effect upon publication under
subparagraph (A).
``(ii) Any designation under this
subsection shall cease to have effect
upon an Act of Congress disapproving
such designation.
``(C) Freezing of assets.--Upon
notification under paragraph (2), the Secretary
of the Treasury may require United States
financial institutions possessing or
controlling any assets of any organization
included in the notification to block all
financial transactions involving those assets
until further directive from either the
Secretary of the Treasury, Act of Congress, or
order of court.
``(3) Record.--
``(A) In general.--In making a designation
under this subsection, the Secretary shall
create an administrative record.
``(B) Classified information.--The
Secretary may consider classified information
in making a designation under this subsection.
Classified information shall not be subject to
disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for
purposes of judicial review under subsection
(c).
``(4) Period of designation.--
``(A) In general.--Subject to paragraphs
(5) and (6), a designation under this
subsection shall be effective for all purposes
for a period of 2 years beginning on the
effective date of the designation under
paragraph (2)(B).
``(B) Redesignation.--The Secretary may
redesignate a foreign organization as a
terrorist organization for an additional 2-year
period at the end of the 2-year period referred
to in subparagraph (A) (but not sooner than 60
days prior to the termination of such period)
upon a finding that the relevant circumstances
described in paragraph (1) still exist. The
procedural requirements of paragraphs (2) and
(3) shall apply to a redesignation under this
subparagraph.
``(5) Revocation by act of congress.--The Congress,
by an Act of Congress, may block or revoke a
designation made under paragraph (1).
``(6) Revocation based on change in
circumstances.--
``(A) In general.--The Secretary may revoke
a designation made under paragraph (1) if the
Secretary finds that--
``(i) the circumstances that were
the basis for the designation have
changed in such a manner as to warrant
revocation of the designation; or
``(ii) the national security of the
United States warrants a revocation of
the designation.
``(B) Procedure.--The procedural
requirements of paragraphs (2) through (4)
shall apply to a revocation under this
paragraph.
``(7) Effect of revocation.--The revocation of a
designation under paragraph (5) or (6) shall not affect
any action or proceeding based on conduct committed
prior to the effective date of such revocation.
``(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective
under paragraph (1)(B), a defendant in a criminal
action shall not be permitted to raise any question
concerning the validity of the issuance of such
designation as a defense or an objection at any trial
or hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after
publication of the designation in the Federal Register,
an organization designated as a foreign terrorist
organization may seek judicial review of the
designation in the United States Court of Appeals for
the District of Columbia Circuit.
``(2) Basis of review.--Review under this
subsection shall be based solely upon the
administrative record, except that the Government may
submit, for ex parte and in camera review, classified
information used in making the designation.
``(3) Scope of review.--The Court shall hold
unlawful and set aside a designation the court finds to
be--
``(A) arbitrary, capricious, an abuse of
discretion, or otherwise not in accordance with
law;
``(B) contrary to constitutional right,
power, privilege, or immunity; or
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory
right.
``(4) Judicial review invoked.--The pendency of an
action for judicial review of a designation shall not
affect the application of this section, unless the
court issues a final order setting aside the
designation.
``(c) Definitions.--As used in this section--
``(1) the term `classified information' has the
meaning given that term in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the
national defense, foreign relations, or economic
interests of the United States;
``(3) the term `relevant committees' means the
Committees on the Judiciary, Intelligence, and Foreign
Relations of the Senate and the Committees on the
Judiciary, Intelligence, and International Relations of
the House of Representatives; and
``(4) the term `Secretary' means the Secretary of
State, in consultation with the Secretary of the
Treasury and the Attorney General.''.
(b) Clerical Amendment.--The table of contents for the
Immigration and Nationality Act, relating to terrorism, is
amended by inserting after the item relating to section 218 the
following new item:
``Sec. 219. Designation of foreign terrorist organizations.''.
SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General.--Chapter 113B of title 18, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2339B. Providing material support or resources to designated
foreign terrorist organizations
``(a) Prohibited Activities.--
``(1) Unlawful conduct.--Whoever, within the United
States or subject to the jurisdiction of the United
States, knowingly provides material support or
resources to a foreign terrorist organization, or
attempts or conspires to do so, shall be fined under
this title or imprisoned not more than 10 years, or
both.
``(2) Financial institutions.--Except as authorized
by the Secretary, any financial institution that
becomes aware that it has possession of, or control
over, any funds in which a foreign terrorist
organization, or its agent, has an interest, shall--
``(A) retain possession of, or maintain
control over, such funds; and
``(B) report to the Secretary the existence
of such funds in accordance with regulations
issued by the Secretary.
``(b) Civil Penalty.--Any financial institution that
knowingly fails to comply with subsection (a)(2) shall be
subject to a civil penalty in an amount that is the greater
of--
``(A) $50,000 per violation; or
``(B) twice the amount of which the
financial institution was required under
subsection (a)(2) to retain possession or
control.
``(c) Injunction.--Whenever it appears to the Secretary or
the Attorney General that any person is engaged in, or is about
to engage in, any act that constitutes, or would constitute, a
violation of this section, the Attorney General may initiate
civil action in a district court of the United States to enjoin
such violation.
``(d) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction over an offense under
this section.
``(e) Investigations.--
``(1) In general.--The Attorney General shall
conduct any investigation of a possible violation of
this section, or of any license, order, or regulation
issued pursuant to this section.
``(2) Coordination with the department of the
treasury.--The Attorney General shall work in
coordination with the Secretary in investigations
relating to--
``(A) the compliance or noncompliance by a
financial institution with the requirements of
subsection (a)(2); and
``(B) civil penalty proceedings authorized
under subsection (b).
``(3) Referral.--Any evidence of a criminal
violation of this section arising in the course of an
investigation by the Secretary or any other Federal
agency shall be referred immediately to the Attorney
General for further investigation. The Attorney General
shall timely notify the Secretary of any action taken
on referrals from the Secretary, and may refer
investigations to the Secretary for remedial licensing
or civil penalty action.
``(f) Classified Information in Civil Proceedings Brought
by the United States.--
``(1) Discovery of classified information by
defendants.--
``(A) Request by united states.--In any
civil proceeding under this section, upon
request made ex parte and in writing by the
United States, a court, upon a sufficient
showing, may authorize the United States to--
``(i) redact specified items of
classified information from documents
to be introduced into evidence or made
available to the defendant through
discovery under the Federal Rules of
Civil Procedure;
``(ii) substitute a summary of the
information for such classified
documents; or
``(iii) substitute a statement
admitting relevant facts that the
classified information would tend to
prove.
``(B) Order granting request.--If the court
enters an order granting a request under this
paragraph, the entire text of the documents to
which the request relates shall be sealed and
preserved in the records of the court to be
made available to the appellate court in the
event of an appeal.
``(C) Denial of request.--If the court
enters an order denying a request of the United
States under this paragraph, the United States
may take an immediate, interlocutory appeal in
accordance with paragraph (5). For purposes of
such an appeal, the entire text of the
documents to which the request relates,
together with any transcripts of arguments made
ex parte to the court in connection therewith,
shall be maintained under seal and delivered to
the appellate court.
``(2) Introduction of classified information;
precautions by court.--
``(A) Exhibits.--To prevent unnecessary or
inadvertent disclosure of classified
information in a civil proceeding brought by
the United States under this section, the
United States may petition the court ex parte
to admit, in lieu of classified writings,
recordings, or photographs, one or more of the
following:
``(i) Copies of items from which
classified information has been
redacted.
``(ii) Stipulations admitting
relevant facts that specific classified
information would tend to prove.
``(iii) A declassified summary of
the specific classified information.
``(B) Determination by court.--The court
shall grant a request under this paragraph if
the court finds that the redacted item,
stipulation, or summary is sufficient to allow
the defendant to prepare a defense.
``(3) Taking of trial testimony.--
``(A) Objection.--During the examination of
a witness in any civil proceeding brought by
the United States under this subsection, the
United States may object to any question or
line of inquiry that may require the witness to
disclose classified information not previously
found to be admissible.
``(B) Action by court.--In determining
whether a response is admissible, the court
shall take precautions to guard against the
compromise of any classified information,
including--
``(i) permitting the United States
to provide the court, ex parte, with a
proffer of the witness's response to
the question or line of inquiry; and
``(ii) requiring the defendant to
provide the court with a proffer of the
nature of the information that the
defendant seeks to elicit.
``(C) Obligation of defendant.--In any
civil proceeding under this section, it shall
be the defendant's obligation to establish the
relevance and materiality of any classified
information sought to be introduced.
``(4) Appeal.--If the court enters an order denying
a request of the United States under this subsection,
the United States may take an immediate interlocutory
appeal in accordance with paragraph (5).
``(5) Interlocutory appeal.--
``(A) Subject of appeal.--An interlocutory
appeal by the United States shall lie to a
court of appeals from a decision or order of a
district court--
``(i) authorizing the disclosure of
classified information;
``(ii) imposing sanctions for
nondisclosure of classified
information; or
``(iii) refusing a protective order
sought by the United States to prevent
the disclosure of classified
information.
``(B) Expedited consideration.--
``(i) In general.--An appeal taken
pursuant to this paragraph, either
before or during trial, shall be
expedited by the court of appeals.
``(ii) Appeals prior to trial.--If
an appeal is of an order made prior to
trial, an appeal shall be taken not
later than 10 days after the decision
or order appealed from, and the trial
shall not commence until the appeal is
resolved.
``(iii) Appeals during trial.--If
an appeal is taken during trial, the
trial court shall adjourn the trial
until the appeal is resolved, and the
court of appeals--
``(I) shall hear argument
on such appeal not later than 4
days after the adjournment of
the trial;
``(II) may dispense with
written briefs other than the
supporting materials previously
submitted to the trial court;
``(III) shall render its
decision not later than 4 days
after argument on appeal; and
``(IV) may dispense with
the issuance of a written
opinion in rendering its
decision.
``(C) Effect of ruling.--An interlocutory
appeal and decision shall not affect the right
of the defendant, in a subsequent appeal from a
final judgment, to claim as error reversal by
the trial court on remand of a ruling appealed
from during trial.
``(6) Construction.--Nothing in this subsection
shall prevent the United States from seeking protective
orders or asserting privileges ordinarily available to
the United States to protect against the disclosure of
classified information, including the invocation of the
military and State secrets privilege.
``(g) Definitions.--As used in this section--
``(1) the term `classified information' has the
meaning given that term in section 1(a) of the
Classified Information Procedures Act (18 U.S.C. App.);
``(2) the term `financial institution' has the same
meaning as in section 5312(a)(2) of title 31, United
States Code;
``(3) the term `funds' includes coin or currency of
the United States or any other country, traveler's
checks, personal checks, bank checks, money orders,
stocks, bonds, debentures, drafts, letters of credit,
any other negotiable instrument, and any electronic
representation of any of the foregoing;
``(4) the term `material support or resources' has
the same meaning as in section 2339A;
``(5) the term `representative' includes an
officer, official, or spokesperson of an organization
and any person who directs, counsels, commands, or
induces an organization or its members to engage in
terrorist activity;
``(6) the term `Secretary' means the Secretary of
the Treasury; and
``(7) the term `terrorist organization' means an
organization designated as a terrorist organization
under section 219 of the Immigration and Nationality
Act.''.
(b) Clerical Amendment to table of sections.--The table of
sections at the beginning of chapter 113B of title 18, United
States Code, is amended by adding at the end the following new
item:
``2339B. Providing material support or resources to designated foreign
terrorist organizations.''.
(c) Technical Amendment.--
(1) New item.--Chapter 113B of title 18, United
States Code, relating to torture, is redesignated as
chapter 113C.
(2) Table of chapters.--The table of chapters for
part I of title 18, United States Code, is amended by
striking ``113B. Torture'' and inserting ``113C.
Torture''.
Subtitle B--Prohibition on Assistance to Terrorist States
SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States
Code, relating to terrorism, is amended by inserting after the
section 2332c added by section 521 of this Act the following
new section:
``Sec. 2332d. Financial transactions
``(a) Offense.--Except as provided in regulations issued by
the Secretary of State, in consultation with the Secretary of
the Treasury, 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 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.''.
SEC. 322. FOREIGN AIR TRAVEL SAFETY.
Section 44906 of title 49, United States Code, is amended
to read as follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration
shall continue in effect the requirement of section 129.25 of
title 14, Code of Federal Regulations, that a foreign air
carrier must adopt and use a security program approved by the
Administrator. The Administrator shall not approve a security
program of a foreign air carrier under section 129.25, or any
successor regulation, unless the security program requires the
foreign air carrier in its operations to and from airports in
the United States to adhere to the identical security measures
that the Administrator requires air carriers serving the same
airports to adhere to. The foregoing requirement shall not be
interpreted to limit the ability of the Administrator to impose
additional security measures on a foreign air carrier or an air
carrier when the Administrator determines that a specific
threat warrants such additional measures. The Administrator
shall prescribe regulations to carry out this section.''.
SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended
to read as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the
nature, location, source, or ownership of material support or
resources, knowing or intending that they are to be used in
preparation for, or in carrying out, a violation of section 32,
37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 956,
1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156,
2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or
section 46502 of title 49, or in preparation for, or in
carrying out, the concealment from the commission of any such
violation, shall be fined under this title, imprisoned not more
than 10 years, or both.
``(b) Definition.--In this section, the term `material
support or resources' means currency or other financial
securities, financial services, lodging, training, safehouses,
false documentation or identification, communications
equipment, facilities, weapons, lethal substances, explosives,
personnel, transportation, and other physical assets, except
medicine or religious materials.''.
SEC. 324. FINDINGS.
The Congress finds that--
(1) international terrorism is among the most
serious transnational threats faced by the United
States and its allies, far eclipsing the dangers posed
by population growth or pollution;
(2) the President should continue to make efforts
to counter international terrorism a national security
priority;
(3) because the United Nations has been an
inadequate forum for the discussion of cooperative,
multilateral responses to the threat of international
terrorism, the President should undertake immediate
efforts to develop effective multilateral responses to
international terrorism as a complement to national
counter terrorist efforts;
(4) the President should use all necessary means,
including covert action and military force, to disrupt,
dismantle, and destroy international infrastructure
used by international terrorists, including overseas
terrorist training facilities and safe havens;
(5) the Congress deplores decisions to ease, evade,
or end international sanctions on state sponsors of
terrorism, including the recent decision by the United
Nations Sanctions Committee to allow airline flights to
and from Libya despite Libya's noncompliance with
United Nations resolutions; and
(6) the President should continue to undertake
efforts to increase the international isolation of
state sponsors of international terrorism, including
efforts to strengthen international sanctions, and
should oppose any future initiatives to ease sanctions
on Libya or other state sponsors of terrorism.
SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620F the
following new section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
``(a) Withholding of Assistance.--The President may
withhold assistance under this Act to the government of any
country that provides assistance to the government of any other
country for which the Secretary of State has made a
determination under section 620A.
``(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a)
if the President determines that furnishing such assistance is
important to the national interests of the United States and,
not later than 15 days before obligating such assistance,
furnishes a report to the appropriate committees of Congress
including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to
be provided;
``(3) the estimated dollar amount of the
assistance; and
``(4) an explanation of how the assistance furthers
United States national interests.''.
SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)
is amended by adding immediately after section 620G the
following new section:
``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--The President may withhold
assistance under this Act shall be provided 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 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)), or
620A of the Foreign Assistance Act of 1961 (22 U.S.C.
2371).
``(2) Applicability.--The prohibition under this
section with respect to a foreign government shall
terminate 1 year after that government ceases to
provide lethal military equipment. This section applies
with respect to lethal military equipment provided
under a contract entered into after the date of
enactment of this Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described
in subsection (a) if the President determines that furnishing
such assistance is important to the national interests of the
United States and, not later than 15 days before obligating
such assistance, furnishes a report to the appropriate
committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to
be provided;
``(3) the estimated dollar amount of the
assistance; and
``(4) an explanation of how the assistance furthers
United States national interests.''.
SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C.
262c et seq.) is amended by inserting after section 1620 the
following new section:
``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
``(a) In General.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to use the voice and vote
of the United States to oppose any loan or other use of the
funds of the respective institution to or for a country for
which the Secretary of State has made a determination under
section 6(j) of the Export Administration Act of 1979 (50
U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance
Act of 1961 (22 U.S.C. 2371).
``(b) Definition.--For purposes of this section, the term
`international financial institution' includes--
``(1) the International Bank for Reconstruction and
Development, the International Development Association,
and the International Monetary Fund;
``(2) wherever applicable, the Inter-American Bank,
the Asian Development Bank, the European Bank for
Reconstruction and Development, the African Development
Bank, and the African Development Fund; and
``(3) any similar institution established after the
date of enactment of this section.''.
SEC. 328. ANTITERRORISM ASSISTANCE.
(a) Foreign Assistance Act.--Section 573 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--
(1) in subsection (c), by striking ``development
and implementation of the antiterrorism assistance
program under this chapter, including'';
(2) by amending subsection (d) to read as follows:
``(d)(1) Arms and ammunition may be provided under this
chapter only if they are directly related to antiterrorism
assistance.
``(2) The value (in terms of original acquisition cost) of
all equipment and commodities provided under this chapter in
any fiscal year shall not exceed 30 percent of the funds made
available to carry out this chapter for that fiscal year.'';
and
(3) by striking subsection (f).
(b) Assistance to Foreign Countries To Procure Explosives
Detection Devices and Other Counterterrorism Technology.--(1)
Subject to section 575(b), up to $3,000,000 in any fiscal year
may be made available--
(A) to procure explosives detection devices and
other counterterrorism technology; and
(B) for joint counterterrorism research and
development projects on such technology conducted with
NATO and major non-NATO allies under the auspices of
the Technical Support Working Group of the Department
of State.
(2) As used in this subsection, the term ``major non-NATO
allies'' means those countries designated as major non-NATO
allies for purposes of section 2350a(i)(3) of title 10, United
States Code.
(c) Assistance to Foreign Countries.--Notwithstanding any
other provision of law (except section 620A of the Foreign
Assistance Act of 1961) up to $1,000,000 in assistance may be
provided to a foreign country for counterterrorism efforts in
any fiscal year if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government
or the life and property of any United States citizen,
or furthering the apprehension of any individual
involved in any act of terrorism against such property
or persons; and
(2) the appropriate committees of Congress are
notified not later than 15 days prior to the provision
of such assistance.
SEC. 329. DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term ``assistance'' means assistance to or
for the benefit of a government of any country that is
provided by grant, concessional sale, guaranty,
insurance, or by any other means on terms more
favorable than generally available in the applicable
market, whether in the form of a loan, lease, credit,
debt relief, or otherwise, including subsidies for
exports to such country and favorable tariff treatment
of articles that are the growth, product, or
manufacture of such country; and
(2) the term ``assistance'' does not include
assistance of the type authorized under chapter 9 of
part 1 of the Foreign Assistance Act of 1961 (relating
to international disaster assistance).
SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR
COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES
ANTITERRORISM EFFORTS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et
seq.) is amended by adding at the end the following:
``Sec. 40A. Transactions With Countries Not Fully
Cooperating With United States Antiterrorism Efforts.--
``(a) Prohibited Transactions.--No defense article or
defense service may be sold or licensed for export under this
Act in a fiscal year to a foreign country that the President
determines and certifies to Congress, by May 15 of the calendar
year in which that fiscal year begins, is not cooperating fully
with United States antiterrorism efforts.
``(b) Waiver.--The President may waive the prohibition set
forth in subsection (a) with respect to a specific transaction
if the President determines that the transaction is essential
to the national security interests of the United States.''.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
SEC. 401. ALIEN TERRORIST REMOVAL.
(a) In General.--The Immigration and Nationality Act is
amended by adding at the end the following new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien
described in section 241(a)(4)(B);
``(2) the term `classified information' has the
same meaning as in section 1(a) of the Classified
Information Procedures Act (18 U.S.C. App.);
``(3) the term `national security' has the same
meaning as in section 1(b) of the Classified
Information Procedures Act (18 U.S.C. App.);
``(4) the term `removal court' means the court
described in section 502;
``(5) the term `removal hearing' means the hearing
described in section 504; and
``(6) the term `removal proceeding' means a
proceeding under this title.
``SEC. 502. ESTABLISHMENT OF REMOVAL COURT.
``(a) Designation of Judges.--The Chief Justice of the
United States shall publicly designate 5 district court judges
from 5 of the United States judicial circuits who shall
constitute a court that shall have jurisdiction to conduct all
removal proceedings. The Chief Justice may, in the Chief
Justice's discretion, designate the same judges under this
section as are designated pursuant to section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)).
``(b) Terms.--Each judge designated under subsection (a)
shall serve for a term of 5 years and shall be eligible for
redesignation, except that of the members first designated--
``(1) 1 member shall serve for a term of 1 year;
``(2) 1 member shall serve for a term of 2 years;
``(3) 1 member shall serve for a term of 3 years;
and
``(4) 1 member shall serve for a term of 4 years.
``(c) Chief Judge.--
``(1) Designation.--The Chief Justice shall
publicly designate one of the judges of the removal
court to be the chief judge of the removal court.
``(2) Responsibilities.--The chief judge shall--
``(A) promulgate rules to facilitate the
functioning of the removal court; and
``(B) assign the consideration of cases to
the various judges on the removal court.
``(d) Expeditious and Confidential Nature of Proceedings.--
The provisions of section 103(c) of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to
removal proceedings in the same manner as they apply to
proceedings under that Act.
``SEC. 503. REMOVAL COURT PROCEDURE.
``(a) Application.--
``(1) In general.--In any case in which the
Attorney General has classified information that an
alien is an alien terrorist, the Attorney General may
seek removal of the alien under this title by filing an
application with the removal court that contains--
``(A) the identity of the attorney in the
Department of Justice making the application;
``(B) a certification by the Attorney
General or the Deputy Attorney General that the
application satisfies the criteria and
requirements of this section;
``(C) the identity of the alien for whom
authorization for the removal proceeding is
sought; and
``(D) a statement of the facts and
circumstances relied on by the Department of
Justice to establish probable cause that--
``(i) the alien is an alien
terrorist;
``(ii) the alien is physically
present in the United States; and
``(iii) with respect to such alien,
removal under title II would pose a
risk to the national security of the
United States.
``(2) Filing.--An application under this section
shall be submitted ex parte and in camera, and shall be
filed under seal with the removal court.
``(b) Right To Dismiss.--The Attorney General may dismiss a
removal action under this title at any stage of the proceeding.
``(c) Consideration of Application.--
``(1) Basis for decision.--In determining whether
to grant an application under this section, a single
judge of the removal court may consider, ex parte and
in camera, in addition to the information contained in
the application--
``(A) other information, including
classified information, presented under oath or
affirmation; and
``(B) testimony received in any hearing on
the application, of which a verbatim record
shall be kept.
``(2) Approval of order.--The judge shall issue an
order granting the application, if the judge finds that
there is probable cause to believe that--
``(A) the alien who is the subject of the
application has been correctly identified and
is an alien terrorist present in the United
States; and
``(B) removal under title II would pose a
risk to the national security of the United
States.
``(3) Denial of order.--If the judge denies the
order requested in the application, the judge shall
prepare a written statement of the reasons for the
denial, taking all necessary precautions not to
disclose any classified information contained in the
Government's application.
``(d) Exclusive Provisions.--If an order is issued under
this section granting an application, the rights of the alien
regarding removal and expulsion shall be governed solely by
this title, and except as they are specifically referenced in
this title, no other provisions of this Act shall be
applicable.
``SEC. 504. REMOVAL HEARING.
``(a) In General.--
``(1) Expeditious hearing.--In any case in which an
application for an order is approved under section
503(c)(2), a removal hearing shall be conducted under
this section as expeditiously as practicable for the
purpose of determining whether the alien to whom the
order pertains should be removed from the United States
on the grounds that the alien is an alien terrorist.
``(2) Public hearing.--The removal hearing shall be
open to the public.
``(b) Notice.--An alien who is the subject of a removal
hearing under this title shall be given reasonable notice of--
``(1) the nature of the charges against the alien,
including a general account of the basis for the
charges; and
``(2) the time and place at which the hearing will
be held.
``(c) Rights in Hearing.--
``(1) Right of counsel.--The alien shall have a
right to be present at such hearing and to be
represented by counsel. Any alien financially unable to
obtain counsel shall be entitled to have counsel
assigned to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for
furnishing representation for any person financially
unable to obtain adequate representation for the
district in which the hearing is conducted, as provided
for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for
purposes of determining the maximum amount of
compensation, the matter shall be treated as if a
felony was charged.
``(2) Introduction of evidence.--Subject to the
limitations in subsection (e), the alien shall have a
reasonable opportunity to introduce evidence on the
alien's own behalf.
``(3) Examination of witnesses.--Subject to the
limitations in subsection (e), the alien shall have a
reasonable opportunity to examine the evidence against
the alien and to cross-examine any witness.
``(4) Record.--A verbatim record of the proceedings
and of all testimony and evidence offered or produced
at such a hearing shall be kept.
``(5) Removal decision based on evidence at
hearing.--The decision of the judge regarding removal
shall be based only on that evidence introduced at the
removal hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion
of the removal hearing, either the alien or the
Department of Justice may request the judge to issue a
subpoena for the presence of a named witness (which
subpoena may also command the person to whom it is
directed to produce books, papers, documents, or other
objects designated therein) upon a satisfactory showing
that the presence of the witness is necessary for the
determination of any material matter. Such a request
may be made ex parte except that the judge shall inform
the Department of Justice of any request for a subpoena
by the alien for a witness or material if compliance
with such a subpoena would reveal classified evidence
or the source of that evidence. The Department of
Justice shall be given a reasonable opportunity to
oppose the issuance of such a subpoena.
``(2) Payment for attendance.--If an application
for a subpoena by the alien also makes a showing that
the alien is financially unable to pay for the
attendance of a witness so requested, the court may
order the costs incurred by the process and the fees of
the witness so subpoenaed to be paid from funds
appropriated for the enforcement of title II.
``(3) Nationwide service.--A subpoena under this
subsection may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under
this subsection shall receive the same fees and
expenses as a witness subpoenaed in connection with a
civil proceeding in a court of the United States.
``(5) No access to classified information.--Nothing
in this subsection is intended to allow an alien to
have access to classified information.
``(e) Discovery.--
``(1) In general.--For purposes of this title--
``(A) discovery of information derived
pursuant to the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et
seq.), or otherwise collected for national
security purposes, shall not be authorized if
disclosure would present a risk to the national
security of the United States;
``(B) an alien subject to removal under
this title shall not be entitled to suppress
evidence that the alien alleges was unlawfully
obtained; and
``(C) section 3504 of title 18, United
States Code, and section 1806(c) of title 50,
United States Code, shall not apply if the
Attorney General determines that public
disclosure would pose a risk to the national
security of the United States because it would
disclose classified information or otherwise
threaten the integrity of a pending
investigation.
``(2) Protective orders.--Nothing in this title
shall prevent the United States from seeking protective
orders and from asserting privileges ordinarily
available to the United States to protect against the
disclosure of classified information, including the
invocation of the military and state secrets
privileges.
``(3) Treatment of classified information.--
``(A) Use.--The judge shall examine, ex
parte and in camera, any evidence for which the
Attorney General determines that public
disclosure would pose a risk to the national
security of the United States or to the
security of any individual because it would
disclose classified information.
``(B) Submission.--With respect to such
information, the Government shall submit to the
removal court an unclassified summary of the
specific evidence that does not pose that risk.
``(C) Approval.--Not later than 15 days
after submission, the judge shall approve the
summary if the judge finds that it is
sufficient to enable the alien to prepare a
defense. The Government shall deliver to the
alien a copy of the unclassified summary
approved under this subparagraph.
``(D) Disapproval.--
``(i) In general.--If an
unclassified summary is not approved by
the removal court under subparagraph
(C), the Government shall be afforded
15 days to correct the deficiencies
identified by the court and submit a
revised unclassified summary.
``(ii) Revised summary.--If the
revised unclassified summary is not
approved by the court within 15 days of
its submission pursuant to subparagraph
(C), the removal hearing shall be
terminated.
``(f) Arguments.--Following the receipt of evidence, the
Government and the alien shall be given fair opportunity to
present argument as to whether the evidence is sufficient to
justify the removal of the alien. The Government shall open the
argument. The alien shall be permitted to reply. The Government
shall then be permitted to reply in rebuttal.
``(g) Burden of Proof.--In the hearing, it is the
Government's burden to prove, by the preponderance of the
evidence, that the alien is subject to removal because the
alien is an alien terrorist.
``(h) Rules of Evidence.--The Federal Rules of Evidence
shall not apply in a removal hearing.
``(i) Determination of Deportation.--If the judge, after
considering the evidence on the record as a whole, finds that
the Government has met its burden, the judge shall order the
alien removed and detained pending removal from the United
States. If the alien was released pending the removal hearing,
the judge shall order the Attorney General to take the alien
into custody.
``(j) Written Order.--At the time of issuing a decision as
to whether the alien shall be removed, the judge shall prepare
a written order containing a statement of facts found and
conclusions of law.
``(k) No Right to Ancillary Relief.--At no time shall the
judge consider or provide for relief from removal based on--
``(1) asylum under section 208;
``(2) withholding of deportation under section
243(h);
``(3) suspension of deportation under subsection
(a) or (e) of section 244;
``(4) adjustment of status under section 245; or
``(5) registry under section 249.
``SEC. 505. APPEALS.
``(a) Appeal of Denial of Application for Removal
Proceedings.--
``(1) In general.--The Attorney General may seek a
review of the denial of an order sought in an
application filed pursuant to section 503. The appeal
shall be filed in the United States Court of Appeals
for the District of Columbia Circuit by notice of
appeal filed not later than 20 days after the date of
such denial.
``(2) Record on appeal.--The entire record of the
proceeding shall be transmitted to the Court of Appeals
under seal, and the Court of Appeals shall hear the
matter ex parte.
``(3) Standard of review.--The Court of Appeals
shall--
``(A) review questions of law de novo; and
``(B) set aside a finding of fact only if
such finding was clearly erroneous.
``(b) Appeal of Determination Regarding Summary of
Classified Information.--
``(1) In general.--The United States may take an
interlocutory appeal to the United States Court of
Appeals for the District of Columbia Circuit of--
``(A) any determination by the judge
pursuant to section 504(e)(3); or
``(B) the refusal of the court to make the
findings permitted by section 504(e)(3).
``(2) Record.--In any interlocutory appeal taken
pursuant to this subsection, the entire record,
including any proposed order of the judge, any
classified information and the summary of evidence,
shall be transmitted to the Court of Appeals. The
classified information shall be transmitted under seal.
A verbatim record of such appeal shall be kept under
seal in the event of any other judicial review.
``(c) Appeal of Decision in Hearing.--
``(1) In general.--The decision of the judge after
a removal hearing may be appealed by either the alien
or the Attorney General to the United States Court of
Appeals for the District of Columbia Circuit by notice
of appeal filed not later than 20 days after the date
on which the order is issued. The order shall not be
enforced during the pendency of an appeal under this
subsection.
``(2) Transmittal of record.--In an appeal or
review to the Court of Appeals pursuant to this
subsection--
``(A) the entire record shall be
transmitted to the Court of Appeals; and
``(B) information received in camera and ex
parte, and any portion of the order that would
reveal the substance or source of such
information, shall be transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal
or review to the Court of Appeals under this
subsection--
``(A) the appeal or review shall be heard
as expeditiously as practicable and the court
may dispense with full briefing and hear the
matter solely on the record of the judge of the
removal court and on such briefs or motions as
the court may require to be filed by the
parties;
``(B) the Court of Appeals shall issue an
opinion not later than 60 days after the date
of the issuance of the final order of the
district court;
``(C) the court shall review all questions
of law de novo; and
``(D) a finding of fact shall be accorded
deference by the reviewing court and shall not
be set aside unless such finding was clearly
erroneous.
``(d) Certiorari.--Following a decision by the Court of
Appeals pursuant to subsection (c), the alien or the Attorney
General may petition the Supreme Court for a writ of
certiorari. In any such case, any information transmitted to
the Court of Appeals under seal shall, if such information is
also submitted to the Supreme Court, be transmitted under seal.
Any order of removal shall not be stayed pending disposition of
a writ of certiorari, except as provided by the Court of
Appeals or a Justice of the Supreme Court.
``(e) Appeal of Detention Order.--
``(1) In general.--Sections 3145 through 3148 of
title 18, United States Code, pertaining to review and
appeal of a release or detention order, penalties for
failure to appear, penalties for an offense committed
while on release, and sanctions for violation of a
release condition shall apply to an alien to whom
section 507(b)(1) applies. In applying the previous
sentence--
``(A) for purposes of section 3145 of such
title an appeal shall be taken to the United
States Court of Appeals for the District of
Columbia Circuit; and
``(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense
punishable by life imprisonment.
``(2) No review of continued detention.--The
determinations and actions of the Attorney General
pursuant to section 507(b)(2)(C) shall not be subject
to judicial review, including application for a writ of
habeas corpus, except for a claim by the alien that
continued detention violates the alien's rights under
the Constitution. Jurisdiction over any such challenge
shall lie exclusively in the United States Court of
Appeals for the District of Columbia Circuit.
``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.
``(a) Upon Filing Application.--
``(1) In general.--Subject to paragraphs (2) and
(3), the Attorney General may--
``(A) take into custody any alien with
respect to whom an application under section
503 has been filed; and
``(B) retain such an alien in custody in
accordance with the procedures authorized by
this title.
``(2) Special rules for permanent resident
aliens.--
``(A) Release hearing.--An alien lawfully
admitted for permanent residence shall be
entitled to a release hearing before the judge
assigned to hear the removal hearing. Such an
alien shall be detained pending the removal
hearing, unless the alien demonstrates to the
court that the alien--
``(i) is a person lawfully admitted
for permanent residence in the United
States;
``(ii) if released upon such terms
and conditions as the court may
prescribe (including the posting of any
monetary amount), is not likely to
flee; and
``(iii) will not endanger national
security, or the safety of any person
or the community, if released.
``(B) Information considered.--The judge
may consider classified information submitted
in camera and ex parte in making a
determination whether to release an alien
pending the removal hearing.
``(3) Release if order denied and no review
sought.--
``(A) In general.--Subject to subparagraph
(B), if a judge of the removal court denies the
order sought in an application filed pursuant
to section 503, and the Attorney General does
not seek review of such denial, the alien shall
be released from custody.
``(B) Application of regular procedures.--
Subparagraph (A) shall not prevent the arrest
and detention of the alien pursuant to title
II.
``(b) Conditional Release if Order Denied and Review
Sought.--
``(1) In general.--If a judge of the removal court
denies the order sought in an application filed
pursuant to section 503 and the Attorney General seeks
review of such denial, the judge shall release the
alien from custody subject to the least restrictive
condition, or combination of conditions, of release
described in section 3142(b) and clauses (i) through
(xiv) of section 3142(c)(1)(B) of title 18, United
States Code, that--
``(A) will reasonably assure the appearance
of the alien at any future proceeding pursuant
to this title; and
``(B) will not endanger the safety of any
other person or the community.
``(2) No release for certain aliens.--If the judge
finds no such condition or combination of conditions,
as described in paragraph (1), the alien shall remain
in custody until the completion of any appeal
authorized by this title.
``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.
``(a) Release.--
``(1) In general.--Subject to paragraph (2), if the
judge decides that an alien should not be removed, the
alien shall be released from custody.
``(2) Custody pending appeal.--If the Attorney
General takes an appeal from such decision, the alien
shall remain in custody, subject to the provisions of
section 3142 of title 18, United States Code.
``(b) Custody and Removal.--
``(1) Custody.--If the judge decides that an alien
shall be removed, the alien shall be detained pending
the outcome of any appeal. After the conclusion of any
judicial review thereof which affirms the removal
order, the Attorney General shall retain the alien in
custody and remove the alien to a country specified
under paragraph (2).
``(2) Removal.--
``(A) In general.--The removal of an alien
shall be to any country which the alien shall
designate if such designation does not, in the
judgment of the Attorney General, in
consultation with the Secretary of State,
impair the obligation of the United States
under any treaty (including a treaty pertaining
to extradition) or otherwise adversely affect
the foreign policy of the United States.
``(B) Alternate countries.--If the alien
refuses to designate a country to which the
alien wishes to be removed or if the Attorney
General, in consultation with the Secretary of
State, determines that removal of the alien to
the country so designated would impair a treaty
obligation or adversely affect United States
foreign policy, the Attorney General shall
cause the alien to be removed to any country
willing to receive such alien.
``(C) Continued detention.--If no country
is willing to receive such an alien, the
Attorney General may, notwithstanding any other
provision of law, retain the alien in custody.
The Attorney General, in coordination with the
Secretary of State, shall make periodic efforts
to reach agreement with other countries to
accept such an alien and at least every 6
months shall provide to the attorney
representing the alien at the removal hearing a
written report on the Attorney General's
efforts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney
General and subject to such conditions as the
Attorney General shall deem appropriate.
``(D) Fingerprinting.--Before an alien is
removed from the United States pursuant to this
subsection, or pursuant to an order of
exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of section 276(b).
``(c) Continued Detention Pending Trial.--
``(1) Delay in removal.--The Attorney General may
hold in abeyance the removal of an alien who has been
ordered removed, pursuant to this title, to allow the
trial of such alien on any Federal or State criminal
charge and the service of any sentence of confinement
resulting from such a trial.
``(2) Maintenance of custody.--Pending the
commencement of any service of a sentence of
confinement by an alien described in paragraph (1),
such an alien shall remain in the custody of the
Attorney General, unless the Attorney General
determines that temporary release of the alien to the
custody of State authorities for confinement in a State
facility is appropriate and would not endanger national
security or public safety.
``(3) Subsequent removal.--Following the completion
of a sentence of confinement by an alien described in
paragraph (1), or following the completion of State
criminal proceedings which do not result in a sentence
of confinement of an alien released to the custody of
State authorities pursuant to paragraph (2), such an
alien shall be returned to the custody of the Attorney
General who shall proceed to the removal of the alien
under this title.
``(d) Application of Certain Provisions Relating To Escape
of Prisoners.--For purposes of sections 751 and 752 of title
18, United States Code, an alien in the custody of the Attorney
General pursuant to this title shall be subject to the
penalties provided by those sections in relation to a person
committed to the custody of the Attorney General by virtue of
an arrest on a charge of a felony.
``(e) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the
custody of the Attorney General pursuant to this title
shall be given reasonable opportunity, as determined by
the Attorney General, to communicate with and receive
visits from members of the alien's family, and to
contact, retain, and communicate with an attorney.
``(2) Diplomatic contact.--An alien in the custody
of the Attorney General pursuant to this title shall
have the right to contact an appropriate diplomatic or
consular official of the alien's country of citizenship
or nationality or of any country providing
representation services therefore. The Attorney General
shall notify the appropriate embassy, mission, or
consular office of the alien's detention.''.
(b) Jurisdiction Over Exclusion Orders for Alien
Terrorists.--Section 106(b) of the Immigration and Nationality
Act (8 U.S.C. 1105a(b)) is amended by adding at the end the
following sentence: ``Jurisdiction to review an order entered
pursuant to the provisions of section 235(c) concerning an
alien excludable under section 212(a)(3)(B) shall rest
exclusively in the United States Court of Appeals for the
District of Columbia Circuit.''.
(c) Criminal Penalty for Reentry of Alien Terrorists.--
Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph
(2) and inserting ``; or'', and
(3) by inserting after paragraph (2) the following
new paragraph:
``(3) who has been excluded from the United States
pursuant to section 235(c) because the alien was
excludable under section 212(a)(3)(B) or who has been
removed from the United States pursuant to the
provisions of title V, and who thereafter, without the
permission of the Attorney General, enters the United
States, or attempts to do so, shall be fined under
title 18, United States Code, and imprisoned for a
period of 10 years, which sentence shall not run
concurrently with any other sentence.''.
(d) Table of Contents.--The Immigration and Nationality Act
is amended by adding at the end of the table of contents the
following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.
(e) Elimination of Custody Review by Habeas Corpus.--
Section 106(a) of the Immigration and Nationality Act (8 U.S.C.
1105a(a)) is amended--
(1) in paragraph (8), by adding ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' at the
end and inserting a period; and
(3) by striking paragraph (10).
(f) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to all aliens without regard to the date of entry
or attempted entry into the United States.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
SEC. 411. EXCLUSION OF ALIEN TERRORISTS.
Section 212(a)(3)(B) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``or'' at
the end;
(B) in subclause (II), by inserting ``is
engaged in or'' after ``believe,''; and
(C) by inserting after subclause (II) the
following:
``(III) is a representative
(as defined in clause (iv)) of
a foreign terrorist
organization, as designated by
the Secretary under section
219, or
``(IV) is a member of a
foreign terrorist organization,
as designated by the Secretary
under section 219,''; and
(2) by adding at the end the following:
``(iv) Representative defined.--As
used in this paragraph, the term
`representative' includes an officer,
official, or spokesman of an
organization, and any person who
directs, counsels, commands, or induces
an organization or its members to
engage in terrorist activity.''.
SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8
U.S.C. 1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
each new subparagraph 2 ems to the right;
(2) by striking ``If'' and inserting ``(1) Subject
to paragraphs (2) and (3), if''; and
(3) by adding at the end the following new
paragraphs:
``(2) The Secretary of State may waive the
requirements of paragraph (1) with respect to a
particular alien or any class or classes of excludable
aliens.
``(3) Paragraph (1) does not apply to any alien
excludable under paragraph (2) or (3) of subsection
(a).''.
SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.
(a) Withholding of Deportation.--Section 243(h)(2) of the
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is
amended by adding at the end the following new sentence: ``For
purposes of subparagraph (D), an alien who is described in
section 241(a)(4)(B) shall be considered to be an alien for
whom there are reasonable grounds for regarding as a danger to
the security of the United States.''.
(b) Suspension of Deportation.--Section 244(a) of such Act
(8 U.S.C. 1254(a)) is amended by striking ``section
241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of
section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) of such Act (8
U.S.C. 1254(e)(2)) is amended by inserting ``under section
241(a)(4)(B) or'' after ``who is deportable''.
(d) Adjustment of Status.--Section 245(c) of such Act (8
U.S.C. 1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the
following: ``, or (6) an alien who is deportable under
section 241(a)(4)(B)''.
(e) Registry.--Section 249(d) of such Act (8 U.S.C.
1259(d)) is amended by inserting ``and is not deportable under
section 241(a)(4)(B)'' after ``ineligible to citizenship''.
(f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h))
is amended by adding at the end the following:
``(3) Notwithstanding any other provision of law, paragraph
(1) shall apply to any alien if the Attorney General
determines, in the discretion of the Attorney General, that--
``(A) such alien's life or freedom would be
threatened, in the country to which such alien would be
deported or returned, on account of race, religion,
nationality, membership in a particular social group,
or political opinion; and
``(B) the application of paragraph (1) to such
alien is necessary to ensure compliance with the 1967
United Nations Protocol Relating to the Status of
Refugees.''.
(g) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act and
shall apply to applications filed before, on, or after such
date if final action has not been taken on them before such
date.
SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.
(a) In General.--Section 241 of the Immigration and
Nationality Act (8 U.S.C. 1251) is amended by adding at the end
the following new subsection:
``(d) Notwithstanding any other provision of this title, an
alien found in the United States who has not been admitted to
the United States after inspection in accordance with section
235 is deemed for purposes of this Act to be seeking entry and
admission to the United States and shall be subject to
examination and exclusion by the Attorney General under chapter
4. In the case of such an alien the Attorney General shall
provide by regulation an opportunity for the alien to establish
that the alien was so admitted.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the first day of the first month beginning
more than 90 days after the date of the enactment of this Act.
Subtitle C--Modification to Asylum Procedures
SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) In General.--Section 208(a) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the
end the following: ``The Attorney General may not grant an
alien asylum if the Attorney General determines that the alien
is excludable under subclause (I), (II), or (III) of section
212(a)(3)(B)(i) or deportable under section 241(a)(4)(B),
unless the Attorney General determines, in the discretion of
the Attorney General, that there are not reasonable grounds for
regarding the alien as a danger to the security of the United
States.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act and
apply to asylum determinations made on or after such date.
SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) In General.--Subsection (b) of section 235 of the
Immigration and Nationality Act (8 U.S.C. 1225) is amended to
read as follows:
``(b)(1)(A) If the examining immigration officer determines
that an alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
``(ii) does not indicate either an intention to
apply for asylum under section 208 or a fear of
persecution,
the officer shall order the alien excluded from the United
States without further hearing or review.
``(B) The examining immigration officer shall refer for an
interview by an asylum officer under subparagraph (C) any alien
who is excludable under section 212(a)(6)(C) or 212(a)(7) and
has indicated an intention to apply for asylum under section
208 or a fear of persecution.
``(C)(i) An asylum officer shall promptly conduct
interviews of aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the
interview that an alien has a credible fear of persecution (as
defined in clause (v)), the alien shall be detained for an
asylum hearing before an asylum officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer
determines that the alien does not have a credible fear of
persecution, the officer shall order the alien excluded from
the United States without further hearing or review.
``(II) The Attorney General shall promulgate regulations to
provide for the immediate review by a supervisory asylum office
at the port of entry of a determination under subclause (I).
``(iv) The Attorney General shall provide information
concerning the asylum interview described in this subparagraph
to aliens who may be eligible. An alien who is eligible for
such interview may consult with a person or persons of the
alien's choosing prior to the interview or any review thereof,
according to regulations prescribed by the Attorney General.
Such consultation shall be at no expense to the Government and
shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible
fear of persecution' means (I) that it is more probable than
not that the statements made by the alien in support of the
alien's claim are true, and (II) that there is a significant
possibility, in light of such statements and of such other
facts as are known to the officer, that the alien could
establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer'
means an immigration officer who--
``(i) has had professional training in country
conditions, asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the
condition in clause (i).
``(E)(i) An exclusion order entered in accordance with
subparagraph (A) is not subject to administrative appeal,
except that the Attorney General shall provide by regulation
for prompt review of such an order against an alien who claims
under oath, or as permitted under penalty of perjury under
section 1746 of title 28, United States Code, after having been
warned of the penalties for falsely making such claim under
such conditions, to have been lawfully admitted for permanent
residence.
``(ii) In any action brought against an alien under section
275(a) or section 276, the court shall not have jurisdiction to
hear any claim attacking the validity of an order of exclusion
entered under subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the
examining immigration officer determines that an alien seeking
entry is not clearly and beyond a doubt entitled to enter, the
alien shall be detained for a hearing before a special inquiry
officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section
273(d) exist.
``(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to
challenge by any other immigration officer and such challenge
shall operate to take the alien whose privilege to enter is so
challenged, before a special inquiry officer for a hearing on
exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8
U.S.C. 1227(a)) is amended--
(1) in the second sentence of paragraph (1), by
striking ``Deportation'' and inserting ``Subject to
section 235(b)(1), deportation'', and
(2) in the first sentence of paragraph (2), by
striking ``If'' and inserting ``Subject to section
235(b)(1), if''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month that
begins more than 90 days after the date of the enactment of
this Act.
SEC. 423. JUDICIAL REVIEW.
(a) Preclusion of Judicial Review.--Section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as
follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new
subsection:
``(e)(1) Notwithstanding any other provision of law, and
except as provided in this subsection, no court shall have
jurisdiction to review any individual determination, or to
entertain any other cause or claim, arising from or relating to
the implementation or operation of section 235(b)(1).
Regardless of the nature of the action or claim, or the party
or parties bringing the action, no court shall have
jurisdiction or authority to enter declaratory, injunctive, or
other equitable relief not specifically authorized in this
subsection nor to certify a class under Rule 23 of the Federal
Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be
available in habeas corpus proceedings, and shall be limited to
determinations of--
``(A) whether the petitioner is an alien, if the
petitioner makes a showing that the petitioner's claim
of United States nationality is not frivolous;
``(B) whether the petitioner was ordered specially
excluded under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a
preponderance of the evidence that the petitioner is an
alien lawfully admitted for permanent residence and is
entitled to such review as is provided by the Attorney
General pursuant to section 235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien
was not ordered specially excluded, or was not properly subject
to special exclusion under the regulations adopted by the
Attorney General, the court may order no relief beyond
requiring that the alien receive a hearing in accordance with
section 236, or a determination in accordance with section
235(c) or 273(d).
``(4) In determining whether an alien has been ordered
specially excluded, the court's inquiry shall be limited to
whether such an order was in fact issued and whether it relates
to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such
Act (8 U.S.C. 1225) is amended by adding at the end the
following new subsection:
``(d) In any action brought for the assessment of penalties
for improper entry or re-entry of an alien under section 275 or
section 276, no court shall have jurisdiction to hear claims
collaterally attacking the validity of orders of exclusion,
special exclusion, or deportation entered under this section or
sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106
in the table of contents of such Act is amended to read as
follows:
``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.
Subtitle D--Criminal Alien Procedural Improvements
SEC. 431. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS
PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has
served for such felony or felonies'' and all that follows
through the period and inserting ``has been sentenced for such
felony or felonies to a term of imprisonment of at least 5
years, if the time for appealing such conviction or sentence
has expired and the sentence has become final.''.
SEC. 432. 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. 433. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) is amended to read
as follows:
``(a) Operation and Purpose.--The Commissioner of
Immigration and Naturalization shall, under the authority of
section 242(a)(3)(A) of the Immigration and Nationality Act (8
U.S.C. 1252(a)(3)(A)), operate a criminal alien identification
system. The criminal alien identification system shall be used
to assist Federal, State, and local law enforcement agencies in
identifying and locating aliens who may be subject to
deportation by reason of their conviction of aggravated
felonies.''.
SEC. 434. 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. 435. 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. 436. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL
TURPITUDE.
(a) In General.--Section 241(a)(2)(A)(i)(II) of the
Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II))
is amended to read as follows:
``(II) is convicted of a
crime for which a sentence of
one year or longer may be
imposed,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to aliens against whom deportation proceedings are
initiated after the date of the enactment of this Act.
SEC. 437. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in Deportation
Hearings.--The second sentence of section 242(b) of the
Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended
by inserting before the period the following: ``; except that
nothing in this subsection shall preclude the Attorney General
from authorizing proceedings by electronic or telephonic media
(with the consent of the alien) or, where waived or agreed to
by the parties, in the absence of the alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i))
is amended by adding at the end the following:
``Nothing in this subsection shall be construed to
create any substantive or procedural right or benefit
that is legally enforceable by any party against the
United States or its agencies or officers or any other
person.''.
(2) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416)
is amended by striking ``and nothing in'' and all that
follows through ``1252(i))''.
(3) The amendments made by this subsection shall
take effect as if included in the enactment of the
Immigration and Nationality Technical Corrections Act
of 1994 (Public Law 103-416).
SEC. 438. 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. 439. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF
SENTENCE OF IMPRISONMENT.
(a) In General.--Section 242(h) of the Immigration and
Nationality Act (8 U.S.C. 1252(h)) is amended to read as
follows:
``(h)(1) Except as provided in paragraph (2), an alien
sentenced to imprisonment may not be deported until such
imprisonment has been terminated by the release of the alien
from confinement. Parole, supervised release, probation, or
possibility of rearrest or further confinement in respect of
the same offense shall not be a ground for deferral of
deportation.
``(2) The Attorney General is authorized to deport an alien
in accordance with applicable procedures under this Act prior
to the completion of a sentence of imprisonment--
``(A) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines
that (i) the alien is confined pursuant to a final
conviction for a nonviolent offense (other than alien
smuggling), and (ii) such deportation of the alien is
appropriate and in the best interest of the United
States; or
``(B) in the case of an alien in the custody of a
State (or a political subdivision of a State), if the
chief State official exercising authority with respect
to the incarceration of the alien determines that (i)
the alien is confined pursuant to a final conviction
for a nonviolent offense (other than alien smuggling),
(ii) such deportation is appropriate and in the best
interest of the State, and (iii) submits a written
request to the Attorney General that such alien be so
deported.
``(3) Any alien deported pursuant to this subsection shall
be notified of the penalties under the laws of the United
States relating to the reentry of deported aliens, particularly
the expanded penalties for aliens deported under paragraph
(2).''.
(b) Reentry of Alien Deported Prior to Completion of Term
of Imprisonment.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended by adding at the end
the following new subsection:
``(c) Any alien deported pursuant to section 242(h)(2) who
enters, attempts to enter, or is at any time found in, the
United States (unless the Attorney General has expressly
consented to such alien's reentry) shall be incarcerated for
the remainder of the sentence of imprisonment which was pending
at the time of deportation without any reduction for parole or
supervised release. Such alien shall be subject to such other
penalties relating to the reentry of deported aliens as may be
available under this section or any other provision of law.''.
SEC. 440. 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. 441. CRIMINAL ALIEN REMOVAL.
(a) Judicial Review.--Section 106 of the Immigration and
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as
follows:
``(10) Any final order of deportation against an
alien who is deportable by reason of having committed a
criminal offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i), shall not be
subject to review by any court.''.
(b) Final Order of Deportation Defined.--Section 101(a) of
such Act (8 U.S.C. 1101(a)) is amended by adding at the end the
following new paragraph:
``(47)(A) The term `order of deportation' means the order
of the special inquiry officer, or other such administrative
officer to whom the Attorney General has delegated the
responsibility for determining whether an alien is deportable,
concluding that the alien is deportable or ordering
deportation.
``(B) The order described under subparagraph (A) shall
become final upon the earlier of--
``(i) a determination by the Board of Immigration
Appeals affirming such order; or
``(ii) the expiration of the period in which the
alien is permitted to seek review of such order by the
Board of Immigration Appeals.''.
(c) Arrest and Custody.--Section 242(a)(2) of such Act is
amended--
(1) in subparagraph (A)--
(A) by striking ``(2)(A) The Attorney'' and
inserting ``(2) The Attorney'';
(B) by striking ``an aggravated felony
upon'' and all that follows through ``of the
same offense)'' and inserting ``any criminal
offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by
section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section
241(a)(2)(A)(i), upon release of the alien from
incarceration, shall deport the alien as
expeditiously as possible''; and
(C) by striking ``but subject to
subparagraph (B)''; and
(2) by striking subparagraph (B).
(d) Classes of Excludable Aliens.--Section 212(c) of such
Act (8 U.S.C. 1182(c)) is amended--
(1) by striking ``The first sentence of this'' and
inserting ``This''; and
(2) by striking ``has been convicted of one or more
aggravated felonies'' and all that follows through the
end and inserting ``is deportable by reason of having
committed any criminal offense covered in section
241(a)(2) (A)(iii), (B), (C), or (D), or any offense
covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section
241(a)(2)(A)(i).''.
(e) Aggravated Felony Defined.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416), is
amended--
(1) in subparagraph (J), by inserting ``, or an
offense described in section 1084 (if it is a second or
subsequent offense) or 1955 of that title (relating to
gambling offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause
(i),
(B) by redesignating clause (ii) as clause
(iii), and
(C) by inserting after clause (i) the
following new clause:
``(ii) is described in section
2421, 2422, or 2423 of title 18, United
States Code (relating to transportation
for the purpose of prostitution) for
commercial advantage; or'';
(3) by amending subparagraph (N) to read as
follows:
``(N) an offense described in paragraph
(1)(A) or (2) of section 274(a) (relating to
alien smuggling) for which the term of
imprisonment imposed (regardless of any
suspension of imprisonment) is at least 5
years;'';
(4) by amending subparagraph (O) to read as
follows:
``(O) an offense (i) which either is
falsely making, forging, counterfeiting,
mutilating, or altering a passport or
instrument in violation of section 1543 of
title 18, United States Code, or is described
in section 1546(a) of such title (relating to
document fraud) and (ii) for which the term of
imprisonment imposed (regardless of any
suspension of such imprisonment) is at least 18
months;''
(5) in subparagraph (P), by striking ``15 years''
and inserting ``5 years'', and by striking ``and'' at
the end;
(6) by redesignating subparagraphs (O), (P), and
(Q) as subparagraphs (P), (Q), and (U), respectively;
(7) by inserting after subparagraph (N) the
following new subparagraph:
``(O) an offense described in section
275(a) or 276 committed by an alien who was
previously deported on the basis of a
conviction for an offense described in another
subparagraph of this paragraph;''; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
``(R) an offense relating to commercial
bribery, counterfeiting, forgery, or
trafficking in vehicles the identification
numbers of which have been altered for which a
sentence of 5 years' imprisonment or more may
be imposed;
``(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or
bribery of a witness, for which a sentence of 5
years' imprisonment or more may be imposed;
``(T) an offense relating to a failure to
appear before a court pursuant to a court order
to answer to or dispose of a charge of a felony
for which a sentence of 2 years' imprisonment
or more may be imposed; and''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply to convictions entered on or after the date of the
enactment of this Act, except that the amendment made by
subsection (a)(3) shall take effect as if included in the
enactment of section 222 of the Immigration and Nationality
Technical Corrections Act of 1994.
(f) Deportation of Criminal Aliens.--Section 242A(a) of
such Act (8 U.S.C. 1252a) is amended--
(1) in paragraph (1)--
(A) by striking ``aggravated felonies (as
defined in section 101(a)(43) of this title)''
and inserting ``any criminal offense covered in
section 241(a)(2) (A)(iii), (B), (C), or (D),
or any offense covered by section
241(a)(2)(A)(ii) for which both predicate
offenses are covered by section
241(a)(2)(A)(i).''; and
(B) by striking ``, where warranted,'';
(2) in paragraph (2), by striking ``aggravated
felony'' and all that follows through ``before any
scheduled hearings.'' and inserting ``any criminal
offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''.
(g) Deadlines for Deporting Alien.--Section 242(c) of such
Act (8 U.S.C. 1252(c)) is amended--
(1) by striking ``(c) When a final order'' and
inserting ``(c)(1) Subject to paragraph (2), when a
final order''; and
(2) by inserting at the end the following new
paragraph:
``(2) When a final order of deportation under
administrative process is made against any alien who is
deportable by reason of having committed a criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any
offense covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section 241(a)(2)(A)(i), the
Attorney General shall have 30 days from the date of the order
within which to effect the alien's departure from the United
States. The Attorney General shall have sole and unreviewable
discretion to waive the foregoing provision for aliens who are
cooperating with law enforcement authorities or for purposes of
national security.''.
SEC. 442. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION
ORDER.
(a) In General.--Section 276 of the Immigration and
Nationality Act (8 U.S.C. 1326) is amended by adding at the end
the following new subsection:
``(d) In a criminal proceeding under this section, an alien
may not challenge the validity of the deportation order
described in subsection (a)(1) or subsection (b) unless the
alien demonstrates that--
``(1) the alien exhausted any administrative
remedies that may have been available to seek relief
against the order;
``(2) the deportation proceedings at which the
order was issued improperly deprived the alien of the
opportunity for judicial review; and
``(3) the entry of the order was fundamentally
unfair.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply to criminal proceedings initiated after the date of
enactment of this Act.
SEC. 443. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE
NOT PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the
Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added
by section 130004(a) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of
subparagraph (A) and inserting ``or'', and
(B) by amending subparagraph (B) to read as
follows:
``(B) had permanent resident status on a
conditional basis (as described in section 216)
at the time that proceedings under this section
commenced.'';
(2) in paragraph (3), by striking ``30 calendar
days'' and inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking
``proccedings'' and inserting ``proceedings'';
(4) in paragraph (4)--
(A) by redesignating subparagraphs (D) and
(E) as subparagraphs (F) and (G), respectively;
and
(B) by adding after subparagraph (C) the
following new subparagraphs:
``(D) such proceedings are conducted in, or
translated for the alien into, a language the
alien understands;
``(E) a determination is made for the
record at such proceedings that the individual
who appears to respond in such a proceeding is
an alien subject to such an expedited
proceeding under this section and is, in fact,
the alien named in the notice for such
proceeding;''.
(5) by adding at the end the following new
paragraph:
``(5) No alien described in this section shall be
eligible for any relief from deportation that the
Attorney General may grant in the Attorney General's
discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section
106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as
added by section 130004(b) of the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), is amended to
read as follows:
``(d) Notwithstanding subsection (c), a petition for review
or for habeas corpus on behalf of an alien described in section
242A(c) may only challenge whether the alien is in fact an
alien described in such section, and no court shall have
jurisdiction to review any other issue.''.
(c) Presumption of Deportability.--Section 242A of the
Immigration and Nationality Act (8 U.S.C. 1252a) is amended by
inserting after subsection (b) the following new subsection:
``(c) Presumption of Deportability.--An alien convicted of
an aggravated felony shall be conclusively presumed to be
deportable from the United States.''.
(d) Effective Date.--The amendments made by this section
shall apply to all aliens against whom deportation proceedings
are initiated after the date of the enactment of this Act.
SEC. 444. EXTRADITION OF ALIENS.
(a) Scope.--Section 3181 of title 18, United States Code,
is amended--
(1) by inserting ``(a)'' before ``The provisions of
this chapter''; and
(2) by adding at the end the following new
subsections:
``(b) The provisions of this chapter shall be construed to
permit, in the exercise of comity, the surrender of persons,
other than citizens, nationals, or permanent residents of the
United States, who have committed crimes of violence against
nationals of the United States in foreign countries without
regard to the existence of any treaty of extradition with such
foreign government if the Attorney General certifies, in
writing, that--
``(1) evidence has been presented by the foreign
government that indicates that had the offenses been
committed in the United States, they would constitute
crimes of violence as defined under section 16 of this
title; and
``(2) the offenses charged are not of a political
nature.
``(c) As used in this section, the term `national of the
United States' has the meaning given such term in section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Fugitives.--Section 3184 of title 18, United States
Code, is amended--
(1) in the first sentence by inserting after
``United States and any foreign government,'' the
following: ``or in cases arising under section
3181(b),'';
(2) in the first sentence by inserting after
``treaty or convention,'' the following: ``or provided
for under section 3181(b),''; and
(3) in the third sentence by inserting after
``treaty or convention,'' the following: ``or under
section 3181(b),''.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
SEC. 501. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nuclear materials, including byproduct
materials, can be used to create radioactive dispersal
devices that are capable of causing serious bodily
injury as well as substantial damage to property and to
the environment;
(2) the potential use of nuclear materials,
including byproduct materials, enhances the threat
posed by terrorist activities and thereby has a greater
effect on the security interests of the United States;
(3) due to the widespread hazards presented by the
threat of nuclear contamination, as well as nuclear
bombs, the United States has a strong interest in
ensuring that persons who are engaged in the illegal
acquisition and use of nuclear materials, including
byproduct materials, are prosecuted for their offenses;
(4) the threat that nuclear materials will be
obtained and used by terrorist and other criminal
organizations has increased substantially since the
enactment in 1982 of the legislation that implemented
the Convention on the Physical Protection of Nuclear
Material, codified at section 831 of title 18, United
States Code;
(5) the successful efforts to obtain agreements
from other countries to dismantle nuclear weapons have
resulted in increased packaging and transportation of
nuclear materials, thereby decreasing the security of
such materials by increasing the opportunity for
unlawful diversion and theft;
(6) the trafficking in the relatively more common,
commercially available, and usable nuclear and
byproduct materials creates the potential for
significant loss of life and environmental damage;
(7) report trafficking incidents in the early
1990's suggest that the individuals involved in
trafficking in these materials from Eurasia and Eastern
Europe frequently conducted their black market sales of
these materials within the Federal Republic of Germany,
the Baltic States, the former Soviet Union, Central
Europe, and to a lesser extent in the Middle European
countries;
(8) the international community has become
increasingly concerned over the illegal possession of
nuclear and nuclear byproduct materials;
(9) the potentially disastrous ramifications of
increased access to nuclear and nuclear byproduct
materials pose such a significant threat that the
United States must use all lawful methods available to
combat the illegal use of such materials;
(10) the United States has an interest in
encouraging United States corporations to do business
in the countries that comprised the former Soviet
Union, and in other developing democracies;
(11) protection of such United States corporations
from threats created by the unlawful use of nuclear
materials is important to the success of the effort to
encourage business ventures in these countries, and to
further the foreign relations and commerce of the
United States;
(12) the nature of nuclear contamination is such
that it may affect the health, environment, and
property of United States nationals even if the acts
that constitute the illegal activity occur outside the
territory of the United States, and are primarily
directed toward foreign nationals; and
(13) there is presently no Federal criminal statute
that provides adequate protection to United States
interests from nonweapons grade, yet hazardous
radioactive material, and from the illegal diversion of
nuclear materials that are held for other than peaceful
purposes.
(b) Purpose.--The purpose of this title is to provide
Federal law enforcement agencies with the necessary means and
the maximum authority permissible under the Constitution to
combat the threat of nuclear contamination and proliferation
that may result from the illegal possession and use of
radioactive materials.
SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR
MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``nuclear material'' each
place it appears and inserting ``nuclear
material or nuclear byproduct material'';
(B) in paragraph (1)--
(i) in subparagraph (A), by
inserting ``or to the environment''
after ``property''; and
(ii) so that subparagraph (B) reads
as follows:
``(B) circumstances exist, or have been
represented to the defendant to exist, that are
likely to cause the death or serious bodily
injury to any person, or substantial damage to
property or to the environment;''; and
(C) in paragraph (6), by inserting ``or to
the environment'' after ``property'';
(2) in subsection (c)--
(A) so that paragraph (2) reads as follows:
``(2) an offender or a victim is--
``(A) a national of the United States; or
``(B) a United States corporation or other
legal entity;'';
(B) in paragraph (3)--
(i) by striking ``at the time of
the offense the nuclear material is in
use, storage, or transport, for
peaceful purposes, and''; and
(ii) by striking ``or'' at the end
of the paragraph;
(C) in paragraph (4)--
(i) by striking ``nuclear material
for peaceful purposes'' and inserting
``nuclear material or nuclear byproduct
material''; and
(ii) by striking the period at the
end of the paragraph and inserting ``;
or''; and
(D) by adding at the end the following new
paragraph:
``(5) either--
``(A) the governmental entity under
subsection (a)(5) is the United States; or
``(B) the threat under subsection (a)(6) is
directed at the United States.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by
striking ``with an isotopic
concentration not in excess of 80
percent plutonium 238''; and
(ii) in subparagraph (C), by
striking ``uranium'' and inserting
``enriched uranium, defined as
uranium'';
(B) by redesignating paragraphs (2), (3),
and (4) as paragraphs (3), (4), and (5),
respectively;
(C) by inserting after paragraph (1) the
following new paragraph:
``(2) the term `nuclear byproduct material' means
any material containing any radioactive isotope created
through an irradiation process in the operation of a
nuclear reactor or accelerator;'';
(D) in paragraph (4), as redesignated, by
striking ``and'' at the end;
(E) in paragraph (5), as redesignated, by
striking the period at the end and inserting a
semicolon; and
(F) by adding at the end the following new
paragraphs:
``(6) the term `national of the United States' has
the same meaning as in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
``(7) the term `United States corporation or other
legal entity' means any corporation or other entity
organized under the laws of the United States or any
State, Commonwealth, territory, possession, or district
of the United States.''.
SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM
ARMORIES.
(a) Study.--The Attorney General and the Secretary of
Defense shall jointly conduct a study of the number and extent
of thefts from military arsenals (including National Guard
armories) of firearms, explosives, and other materials that are
potentially useful to terrorists.
(b) Report to the Congress.--Not later than 6 months after
the date of enactment of this Act, the Attorney General and the
Secretary of Defense shall jointly prepare and transmit to the
Congress a report on the findings of the study conducted under
subsection (a).
Subtitle B--Biological Weapons Restrictions
SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.
(a) Findings.--The Congress finds that--
(1) certain biological agents have the potential to
pose a severe threat to public health and safety;
(2) such biological agents can be used as weapons
by individuals or organizations for the purpose of
domestic or international terrorism or for other
criminal purposes;
(3) the transfer and possession of potentially
hazardous biological agents should be regulated to
protect public health and safety; and
(4) efforts to protect the public from exposure to
such agents should ensure that individuals and groups
with legitimate objectives continue to have access to
such agents for clinical and research purposes.
(b) Criminal Enforcement.--Chapter 10 of title 18, United
States Code, is amended--
(1) in section 175(a), by inserting ``or attempts,
threatens, or conspires to do the same,'' after ``to do
so,'';
(2) in section 177(a)(2), by inserting ``threat,''
after ``attempt,''; and
(3) in section 178--
(A) in paragraph (1), by striking ``or
infectious substance'' and inserting
``infectious substance, or biological product
that may be engineered as a result of
biotechnology, or any naturally occurring or
bioengineered component of any such
microorganism, virus, infectious substance, or
biological product'';
(B) in paragraph (2)--
(i) by inserting ``the toxic
material of plants, animals,
microorganisms, viruses, fungi, or
infectious substances, or a recombinant
molecule'' after ``means'';
(ii) by striking ``production--''
and inserting ``production, including--
'';
(iii) in subparagraph (A), by
inserting ``or biological product that
may be engineered as a result of
biotechnology'' after ``substance'';
and
(v) 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--
(1) by inserting ``, threatens,'' after
``attempts''; and
(2) by inserting ``, including any biological
agent, toxin, or vector (as those terms are defined in
section 178)'' after ``destruction''.
(d) Regulatory Control of Biological Agents.--
(1) List of biological agents.--
(A) In general.--The Secretary shall,
through regulations promulgated under
subsection (f), establish and maintain a list
of each biological agent that has the potential
to pose a severe threat to public health and
safety.
(B) Criteria.--In determining whether to
include an agent on the list under subparagraph
(A), the Secretary shall--
(i) consider--
(I) the effect on human
health of exposure to the
agent;
(II) the degree of
contagiousness of the agent and
the methods by which the agent
is transferred to humans;
(III) the availability and
effectiveness of immunizations
to prevent and treatments for
any illness resulting from
infection by the agent; and
(IV) any other criteria
that the Secretary considers
appropriate; and
(ii) consult with scientific
experts representing appropriate
professional groups.
(e) Regulation of Transfers of Listed Biological Agents.--
The Secretary shall, through regulations promulgated under
subsection (f), provide for--
(1) the establishment and enforcement of safety
procedures for the transfer of biological agents listed
pursuant subsection (d)(1), including measures to
ensure--
(A) proper training and appropriate skills
to handle such agents; and
(B) proper laboratory facilities to contain
and dispose of such agents;
(2) safeguards to prevent access to such agents for
use in domestic or international terrorism or for any
other criminal purpose;
(3) the establishment of procedures to protect the
public safety in the event of a transfer or potential
transfer of a biological agent in violation of the
safety procedures established under paragraph (1) or
the safeguards established under paragraph (2); and
(4) appropriate availability of biological agents
for research, education, and other legitimate purposes.
(f) Regulations.--The Secretary shall carry out this
section by issuing--
(1) proposed rules not later than 60 days after the
date of enactment of this Act; and
(2) final rules not later than 120 days after the
date of enactment of this Act.
(g) Definitions.--For purposes of this section--
(1) the term ``biological agent'' has the same
meaning as in section 178 of title 18, United States
Code; and
(2) the term ``Secretary'' means the Secretary of
Health and Human Services.
Subtitle C--Chemical Weapons Restrictions
SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR
TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO
USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND
SUBURBAN AREAS.
(a) Chemical Weapons of Mass Destruction.--Chapter 113B of
title 18, United States Code, relating to terrorism, is amended
by inserting after section 2332b as added by section 702 of
this Act the following new section:
``Sec. 2332c. Use of chemical weapons
``(a) Prohibited Acts.--
``(1) Offense.--A person shall be punished under
paragraph (2) if that person, without lawful authority,
uses, or attempts or conspires to use, a chemical
weapon against--
``(A) a national of the United States while
such national is outside of the United States;
``(B) any person within the United States;
or
``(C) any property that is owned, leased,
or used by the United States or by any
department or agency of the United States,
whether the property is within or outside of
the United States.
``(2) Penalties.--A person who violates paragraph
(1)--
``(A) shall be imprisoned for any term of
years or for life; or
``(B) if death results from that violation,
shall be punished by death or imprisoned for
any term of years or for life.
``(b) Definitions.--As used in this section--
``(1) the term `national of the United States' has
the same meaning as in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22));
and
``(2) the term `chemical weapon' means any weapon
that is designed or intended to cause widespread death
or serious bodily injury through the release,
dissemination, or impact of toxic or poisonous
chemicals or precursors of toxic or poisonous
chemicals.
(b) Study of Facility for Training and Evaluation of
Personnel Who Respond To Use of Chemical or Biological Weapons
in Urban and Suburban Areas.--
(1) Findings.--The Congress finds that--
(A) the threat of the use of chemical and
biological weapons by Third World countries and
by terrorist organizations has increased in
recent years and is now a problem of worldwide
significance;
(B) the military and law enforcement
agencies in the United States that are
responsible for responding to the use of such
weapons require additional testing, training,
and evaluation facilities to ensure that the
personnel of such agencies discharge their
responsibilities effectively; and
(C) a facility that recreates urban and
suburban locations would provide an especially
effective environment in which to test, train,
and evaluate such personnel for that purpose.
(2) Study of facility.--
(A) In general.--The President shall
establish an interagency task force to
determine the feasibility and advisability of
establishing a facility that recreates both an
urban environment and a suburban environment in
such a way as to permit the effective testing,
training, and evaluation in such environments
of government personnel who are responsible for
responding to the use of chemical and
biological weapons in the United States.
(B) Description of facility.--The facility
considered under subparagraph (A) shall
include--
(i) facilities common to urban
environments (including a multistory
building and an underground rail
transit system) and to suburban
environments;
(ii) the capacity to produce
controllable releases of chemical and
biological agents from a variety of
urban and suburban structures,
including laboratories, small
buildings, and dwellings;
(iii) the capacity to produce
controllable releases of chemical and
biological agents into sewage, water,
and air management systems common to
urban areas and suburban areas;
(iv) chemical and biocontaminant
facilities at the P3 and P4 levels;
(v) the capacity to test and
evaluate the effectiveness of a variety
of protective clothing and facilities
and survival techniques in urban areas
and suburban areas; and
(vi) the capacity to test and
evaluate the effectiveness of variable
sensor arrays (including video, audio,
meteorological, chemical, and biosensor
arrays) in urban areas and suburban
areas.
(C) Sense of congress.--It is the sense of
Congress that the facility considered under
subparagraph (A) shall, if established--
(i) be under the jurisdiction of
the Secretary of Defense; and
(ii) be located at a principal
facility of the Department of Defense
for the testing and evaluation of the
use of chemical and biological weapons
during any period of armed conflict.
(c) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the item
added by section 702 of this Act that relates to section 2332b
the following new item:
``2332c. Use of chemical weapons.''.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
SEC. 601. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) plastic explosives were used by terrorists in
the bombings of Pan American Airlines flight number 103
in December 1988 and UTA flight number 722 in September
1989;
(2) plastic explosives can be used with little
likelihood of detection for acts of unlawful
interference with civil aviation, maritime navigation,
and other modes of transportation;
(3) the criminal use of plastic explosives places
innocent lives in jeopardy, endangers national
security, affects domestic tranquility, and gravely
affects interstate and foreign commerce;
(4) the marking of plastic explosives for the
purpose of detection would contribute significantly to
the prevention and punishment of such unlawful acts;
and
(5) for the purpose of deterring and detecting such
unlawful acts, the Convention on the Marking of Plastic
Explosives for the Purpose of Detection, Done at
Montreal on 1 March 1991, requires each contracting
State to adopt appropriate measures to ensure that
plastic explosives are duly marked and controlled.
(b) Purpose.--The purpose of this title is to fully
implement the Convention on the Marking of Plastic Explosives
for the Purpose of Detection, Done at Montreal on 1 March 1991.
SEC. 602. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by
adding at the end the following new subsections:
``(o) `Convention on the Marking of Plastic Explosives'
means the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2, 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),
C6H12(NO2)2, molecular weight 176,
when the minimum concentration in the finished
explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C7H7NO2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C7H7NO2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass; and
``(5) any other substance in the concentration
specified by the Secretary, after consultation with the
Secretary of State and the Secretary of Defense, that
has been added to the table in part 2 of the Technical
Annex to the Convention on the Marking of Plastic
Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more high
explosives which in their pure form has a vapor pressure less
than 10-4 Pa at a temperature of 25+C., is formulated with
a binder material, and is as a mixture malleable or flexible at
normal room temperature.''.
SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by
adding at the end the following new subsections:
``(l) It shall be unlawful for any person to manufacture
any plastic explosive that does not contain a detection agent.
``(m)(1) It shall be unlawful for any person to import or
bring into the United States, or export from the United States,
any plastic explosive that does not contain a detection agent.
``(2) This subsection does not apply to the importation or
bringing into the United States, or the exportation from the
United States, of any plastic explosive that was imported or
brought into, or manufactured in the United States prior to the
date of enactment of this subsection by or on behalf of any
agency of the United States performing military or police
functions (including any military reserve component) or by or
on behalf of the National Guard of any State, not later than 15
years after the date of entry into force of the Convention on
the Marking of Plastic Explosives, with respect to the United
States.
``(n)(1) It shall be unlawful for any person to ship,
transport, transfer, receive, or possess any plastic explosive
that does not contain a detection agent.
``(2) This subsection does not apply to--
``(A) the shipment, transportation, transfer,
receipt, or possession of any plastic explosive that
was imported or brought into, or manufactured in the
United States prior to the date of enactment of this
subsection by any person during the period beginning on
that date and ending 3 years after that date of
enactment; or
``(B) the shipment, transportation, transfer,
receipt, or possession of any plastic explosive that
was imported or brought into, or manufactured in the
United States prior to the date of enactment of this
subsection by or on behalf of any agency of the United
States performing a military or police function
(including any military reserve component) or by or on
behalf of the National Guard of any State, not later
than 15 years after the date of entry into force of the
Convention on the Marking of Plastic Explosives, with
respect to the United States.
``(o) It shall be unlawful for any person, other than an
agency of the United States (including any military reserve
component) or the National Guard of any State, possessing any
plastic explosive on the date of enactment of this subsection,
to fail to report to the Secretary within 120 days after such
date of enactment the quantity of such explosives possessed,
the manufacturer or importer, any marks of identification on
such explosives, and such other information as the Secretary
may prescribe by regulation.''.
SEC. 604. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended
to read as follows:
``(a) Any person who violates any of subsections (a)
through (i) or (l) through (o) of section 842 shall be fined
under this title, imprisoned for not more than 10 years, or
both.''.
SEC. 605. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``(l), (m), (n), or (o) of
section 842 and subsections'' after
``subsections''; and
(B) in paragraph (1), by inserting before
the semicolon ``, and which pertain to
safety''; and
(2) by adding at the end the following new
subsection:
``(c) It is an affirmative defense against any proceeding
involving subsections (l) through (o) of section 842 if the
proponent proves by a preponderance of the evidence that the
plastic explosive--
``(1) consisted of a small amount of plastic
explosive intended for and utilized solely in lawful--
``(A) research, development, or testing of
new or modified explosive materials;
``(B) training in explosives detection or
development or testing of explosives detection
equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive that, within 3 years
after the date of enactment of the Antiterrorism and
Effective Death Penalty Act of 1996, will be or is
incorporated in a military device within the territory
of the United States and remains an integral part of
such military device, or is intended to be, or is
incorporated in, and remains an integral part of a
military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any
military reserve component) or the National Guard of
any State, wherever such device is located.
``(3) For purposes of this subsection, the term
`military device' includes, but is not restricted to,
shells, bombs, projectiles, mines, missiles, rockets,
shaped charges, grenades, perforators, and similar
devices lawfully manufactured exclusively for military
or police purposes.''.
SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.
Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C.
1595a(c)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the
end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new
subparagraph:
``(D) is a plastic explosive, as defined in
section 841(q) of title 18, United States Code,
which does not contain a detection agent, as
defined in section 841(p) of such title.''.
SEC. 607. EFFECTIVE DATE.
Except as otherwise provided in this title, this title and
the amendments made by this title shall take effect 1 year
after the date of enactment of this Act.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(n) Except as otherwise provided in this section, a
person who conspires to commit any offense defined in this
chapter shall be subject to the same penalties (other than the
penalty of death) as the penalties prescribed for the offense
the commission of which was the object of the conspiracy.''.
SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after section
2332a the following new section:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Offenses.--Whoever, involving conduct
transcending national boundaries and in a circumstance
described in subsection (b)--
``(A) kills, kidnaps, maims, commits an
assault resulting in serious bodily injury, or
assaults with a dangerous weapon any person
within the United States; or
``(B) creates a substantial risk of serious
bodily injury to any other person by destroying
or damaging any structure, conveyance, or other
real or personal property within the United
States or by attempting or conspiring to
destroy or damage any structure, conveyance, or
other real or personal property within the
United States, in violation of the laws of any
State, or the United States, shall be punished
as prescribed in subsection (c).
``(2) Treatment of threats, attempts and
conspiracies.--Whoever threatens to commit an offense
under paragraph (1), or attempts or conspires to do so,
shall be punished under subsection (c).
``(b) Jurisdictional Bases.--
``(1) Circumstances.--The circumstances referred to
in subsection (a) are--
``(A) any of the offenders uses the mail or
any facility of interstate or foreign commerce
in furtherance of the offense;
``(B) the offense obstructs, delays, or
affects interstate or foreign commerce, or
would have so obstructed, delayed, or affected
interstate or foreign commerce if the offense
had been consummated;
``(C) the victim, or intended victim, is
the United States Government, a member of the
uniformed services, or any official, officer,
employee, or agent of the legislative,
executive, or judicial branches, or of any
department or agency, of the United States;
``(D) the structure, conveyance, or other
real or personal property is, in whole or in
part, owned, possessed, or leased to the United
States, or any department or agency of the
United States;
``(E) the offense is committed in the
territorial sea (including the airspace above
and the seabed and subsoil below, and
artificial islands and fixed structures erected
thereon) of the United States; or
``(F) the offense is committed within the
special maritime and territorial jurisdiction
of the United States.
``(2) Co-conspirators and accessories after the
fact.--Jurisdiction shall exist over all principals and
co-conspirators of an offense under this section, and
accessories after the fact to any offense under this
section, if at least one of the circumstances described
in subparagraphs (A) through (F) of paragraph (1) is
applicable to at least one offender.
``(c) Penalties.--
``(1) Penalties.--Whoever violates this section
shall be punished--
``(A) for a killing, or if death results to
any person from any other conduct prohibited by
this section, by death, or by imprisonment for
any term of years or for life;
``(B) for kidnapping, by imprisonment for
any term of years or for life;
``(C) for maiming, by imprisonment for not
more than 35 years;
``(D) for assault with a dangerous weapon
or assault resulting in serious bodily injury,
by imprisonment for not more than 30 years;
``(E) for destroying or damaging any
structure, conveyance, or other real or
personal property, by imprisonment for not more
than 25 years;
``(F) for attempting or conspiring to
commit an offense, for any term of years up to
the maximum punishment that would have applied
had the offense been completed; and
``(G) for threatening to commit an offense
under this section, by imprisonment for not
more than 10 years.
``(2) Consecutive sentence.--Notwithstanding any
other provision of law, the court shall not place on
probation any person convicted of a violation of this
section; nor shall the term of imprisonment imposed
under this section run concurrently with any other term
of imprisonment.
``(d) Proof Requirements.--The following shall apply to
prosecutions under this section:
``(1) Knowledge.--The prosecution is not required
to prove knowledge by any defendant of a jurisdictional
base alleged in the indictment.
``(2) State law.--In a prosecution under this
section that is based upon the adoption of State law,
only the elements of the offense under State law, and
not any provisions pertaining to criminal procedure or
evidence, are adopted.
``(e) Extraterritorial Jurisdiction.--There is
extraterritorial Federal jurisdiction--
``(1) over any offense under subsection (a),
including any threat, attempt, or conspiracy to commit
such offense; and
``(2) over conduct which, under section 3, renders
any person an accessory after the fact to an offense
under subsection (a).
``(f) Investigative Authority.--In addition to any other
investigative authority with respect to violations of this
title, the Attorney General shall have primary investigative
responsibility for all Federal crimes of terrorism, and the
Secretary of the Treasury shall assist the Attorney General at
the request of the Attorney General. Nothing in this section
shall be construed to interfere with the authority of the
United States Secret Service under section 3056.
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national
boundaries' means conduct occurring outside of the
United States in addition to the conduct occurring in
the United States;
``(2) the term `facility of interstate or foreign
commerce' has the meaning given that term in section
1958(b)(2);
``(3) the term `serious bodily injury' has the
meaning given that term in section 1365(g)(3);
``(4) the term `territorial sea of the United
States' means all waters extending seaward to 12
nautical miles from the baselines of the United States,
determined in accordance with international law; and
``(5) the term `Federal crime of terrorism' means
an offense that--
``(A) is calculated to influence or affect
the conduct of government by intimidation or
coercion, or to retaliate against government
conduct; and
``(B) is a violation of--
``(i) section 32 (relating to
destruction of aircraft or aircraft
facilities), 37 (relating to violence
at international airports), 81
(relating to arson within special
maritime and territorial jurisdiction),
175 (relating to biological weapons),
351 (relating to congressional,
cabinet, and Supreme Court
assassination, kidnapping, and
assault), 831 (relating to nuclear
materials), 842 (m) or (n) (relating to
plastic explosives), 844(e) (relating
to certain bombings), 844 (f) or (i)
(relating to arson and bombing of
certain property), 956 (relating to
conspiracy to injure property of a
foreign government), 1114 (relating to
protection of officers and employees of
the United States), 1116 (relating to
murder or manslaughter of foreign
officials, official guests, or
internationally protected persons),
1203 (relating to hostage taking), 1361
(relating to injury of Government
property or contracts), 1362 (relating
to destruction of communication lines,
stations, or systems), 1363 (relating
to injury to buildings or property
within special maritime and territorial
jurisdiction of the United States),
1366 (relating to destruction of an
energy facility), 1751 (relating to
Presidential and Presidential staff
assassination, kidnapping, and
assault), 2152 (relating to injury of
fortifications, harbor defenses, or
defensive sea areas), 2155 (relating to
destruction of national defense
materials, premises, or utilities),
2156 (relating to production of
defective national defense materials,
premises, or utilities), 2280 (relating
to violence against maritime
navigation), 2281 (relating to violence
against maritime fixed platforms), 2332
(relating to certain homicides and
other violence against United States
nationals occurring outside of the
United States), 2332a (relating to use
of weapons of mass destruction), 2332b
(relating to acts of terrorism
transcending national boundaries),
2339A (relating to providing material
support to terrorists), 2339B (relating
to providing material support to
terrorist organizations), or 2340A
(relating to torture);
``(ii) section 236 (relating to
sabotage of nuclear facilities or fuel)
of the Atomic Energy Act of 1954 (42
U.S.C. 2284); or
``(iii) section 46502 (relating to
aircraft piracy) or section 60123(b)
(relating to destruction of interstate
gas or hazardous liquid pipeline
facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the item
relating to section 2332a the following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(c) Statute of Limitations Amendment.--Section 3286 of
title 18, United States Code, is amended--
(1) by striking ``any offense'' and inserting ``any
non-capital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a'';
and
(5) by inserting ``2332b (acts of terrorism
transcending national boundaries),'' after ``(use of
weapons of mass destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18,
United States Code, is amended by inserting ``, 956(a), or
2332b'' after ``section 924(c)''.
SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF
PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.
Section 1363 of title 18, United States Code, is amended by
striking ``any building,'' and all that follows through
``shipping'' and inserting ``any structure, conveyance, or
other real or personal property''.
SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18,
United States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United
States, conspires with one or more other persons, regardless of
where such other person or persons are located, to commit at
any place outside the United States an act that would
constitute the offense of murder, kidnapping, or maiming if
committed in the special maritime and territorial jurisdiction
of the United States shall, if any of the conspirators commits
an act within the jurisdiction of the United States to effect
any object of the conspiracy, be punished as provided in
subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1)
of this section is--
``(A) imprisonment for any term of years or for
life if the offense is conspiracy to murder or kidnap;
and
``(B) imprisonment for not more than 35 years if
the offense is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United
States, conspires with one or more persons, regardless of where
such other person or persons are located, to damage or destroy
specific property situated within a foreign country and
belonging to a foreign government or to any political
subdivision thereof with which the United States is at peace,
or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated,
shall, if any of the conspirators commits an act within the
jurisdiction of the United States to effect any object of the
conspiracy, be imprisoned not more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956
in the table of sections at the beginning of chapter 45 of
title 18, United States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or
disfigure'' and inserting ``torture (as defined in
section 2340), maim, or disfigure'';
(2) in section 755, by striking ``two years'' and
inserting ``5 years'';
(3) in section 756, by striking ``one year'' and
inserting ``five years'';
(4) in section 878(a), by striking ``by killing,
kidnapping, or assaulting a foreign official, official
guest, or internationally protected person'';
(5) in section 1113, by striking ``three years''
and inserting ``seven years''; and
(6) in section 2332(c), by striking ``five'' and
inserting ``ten''.
(b) Penalty for Carrying Weapons or Explosives on an
Aircraft.--Section 46505 of title 49, United States Code, is
amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``10 years''; and
(2) in subsection (c), by striking ``5'' and
inserting ``15''.
SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(o) Whoever knowingly transfers any explosive materials,
knowing or having reasonable cause to believe that such
explosive materials will be used to commit a crime of violence
(as defined in section 924(c)(3)) or drug trafficking crime (as
defined in section 924(c)(2)) shall be subject to the same
penalties as may be imposed under subsection (h) for a first
conviction for the use or carrying of an explosive material.''.
SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended
to read as follows:
``(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store, barter, sell, dispose
of, or pledge or accept as security for a loan, any stolen
explosive materials which are moving as, which are part of,
which constitute, or which have been shipped or transported in,
interstate or foreign commerce, either before or after such
materials were stolen, knowing or having reasonable cause to
believe that the explosive materials were stolen.''.
SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.
(a) In General.--Section 844 of title 18, United States
Code, is amended--
(1) in subsection (e), by striking ``five'' and
inserting ``10'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Whoever maliciously damages or destroys, or
attempts to damage or destroy, by means of fire or an
explosive, any building, vehicle, or other personal or real
property in whole or in part owned or possessed by, or leased
to, the United States, or any department or agency thereof,
shall be imprisoned for not less than 5 years and not more than
20 years, fined under this title, or both.
``(2) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct, directly or
proximately causes personal injury or creates a substantial
risk of injury to any person, including any public safety
officer performing duties, shall be imprisoned for not less
than 7 years and not more than 40 years, fined under this
title, or both.
``(3) Whoever engages in conduct prohibited by this
subsection, and as a result of such conduct directly or
proximately causes the death of any person, including any
public safety officer performing duties, shall be subject to
the death penalty, or imprisoned for not less than 20 years or
for life, fined under this title, or both.'';
(3) in subsection (h)--
(A) in the first sentence, by striking ``5
years but not more than 15 years'' and
inserting ``10 years''; and
(B) in the second sentence, by striking
``10 years but not more than 25 years'' and
inserting ``20 years''; and
(4) in subsection (i)--
(A) by striking ``not more than 20 years,
fined the greater of the fine under this title
or the cost of repairing or replacing any
property that is damaged or destroyed,'' and
inserting ``not less than 5 years and not more
than 20 years, fined under this title''; and
(B) by striking ``not more than 40 years,
fined the greater of a fine under this title or
the cost of repairing or replacing any property
that is damaged or destroyed,'' and inserting
``not less than 7 years and not more than 40
years, fined under this title''.
(b) Conforming Amendment.--Section 81 of title 18, United
States Code, is amended by striking ``fined under this title or
imprisoned not more than five years, or both'' and inserting
``imprisoned for not more than 25 years, fined the greater of
the fine under this title or the cost of repairing or replacing
any property that is damaged or destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) In general.--Chapter 213 of title 18, United
States Code, is amended by adding at the end the
following new section:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any
non-capital offense under section 81 or subsection (f), (h), or
(i) of section 844 unless the indictment is found or the
information is institutednot later than 10 years after the date
on which the offense was committed.''.
(2) Clerical amendment.--The table of sections at
the beginning of chapter 213 of title 18, United States
Code, is amended by adding at the end the following new
item:
``3295. Arson offenses.''.
(3) Conforming amendment.--Section 844(i) of title
18, United States Code, is amended by striking the last
sentence.
SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE
DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL
MATERIALS.
(a) Study.--The Attorney General, in consultation with such
other officials and individuals as the Attorney General
considers appropriate, shall conduct a study concerning--
(1) the extent to which there is available to the
public material in any medium (including print,
electronic, or film) that provides instruction on how
to make bombs, destructive devices, or weapons of mass
destruction;
(2) the extent to which information gained from
such material has been used in incidents of domestic or
international terrorism;
(3) the likelihood that such information may be
used in future incidents of terrorism;
(4) the application of Federal laws in effect on
the date of enactment of this Act to such material;
(5) the need and utility, if any, for additional
laws relating to such material; and
(6) an assessment of the extent to which the first
amendment protects such material and its private and
commercial distribution.
(b) Report.--
(1) Requirement.--Not later than 180 days after the
date of enactment of this Act, the Attorney General
shall submit to the Congress a report that contains the
results of the study required by this section.
(2) Availability.--The Attorney General shall make
the report submitted under this subsection available to
the public.
Subtitle B--Criminal Procedures
SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``and later found
in the United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph
(1) if--
``(A) a national of the United States was aboard
the aircraft;
``(B) an offender is a national of the United
States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national
of the United States' has the meaning prescribedin section
101(a)(22) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--
Section 32(b) of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found
in the United States,''; and
(2) by inserting at the end the following: ``There
is jurisdiction over an offense under this subsection
if a national of the United States was on board, or
would have been on board, the aircraft; an offender is
a national of the United States; or an offender is
afterwards found in the United States. For purposes of
this subsection, the term `national of the United
States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other
Persons.--Section 1116 of title 18, United States Code, is
amended--
(1) in subsection (b), by adding at the end the
following:
``(7) `National of the United States' has the
meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''; and
(2) in subsection (c), by striking the first
sentence and inserting the following: ``If the victim
of an offense under subsection (a) is an
internationally protected person outside the United
States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2)
an offender is a national of the United States, or (3)
an offender is afterwards found in the United
States.''.
(d) Protection of Foreign Officials and Certain Other
Persons.--Section 112 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `` `national of
the United States','' before ``and''; and
(2) in subsection (e), by striking the first
sentence and inserting the following: ``If the victim
of an offense under subsection (a) is an
internationally protected person outside the United
States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2)
an offender is a national of the United States, or (3)
an offender is afterwards found in the United
States.''.
(e) Threats and Extortion Against Foreign Officials and
Certain Other Persons.--Section 878 of title 18, United States
Code, is amended--
(1) in subsection (c), by inserting `` `national of
the United States','' before ``and''; and
(2) in subsection (d), by striking the first
sentence and inserting the following: ``If the victim
of an offense under subsection (a) is an
internationally protected person outside the United
States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2)
an offender is a national of the United States, or (3)
an offender is afterwards found in the United
States.''.
(f) Kidnapping of Internationally Protected Persons.--
Section 1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting
the following: ``If the victim of an offense under
subsection (a) is an internationally protected person
outside the United States, the United States may
exercise jurisdiction over the offense if (1) the
victim is a representative, officer, employee, or agent
of the United States, (2) an offender is a national of
the United States, or (3) an offender is afterwards
found in the United States.''; and
(2) by adding at the end the following: ``For
purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2)
of title 18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is
later found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim
is a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)))'' after ``the offender is
later found in the United States''.
(h) Biological Weapons.--Section 178 of title 18, United
States Code, is amended--
(1) by striking ``and'' at the end of paragraph
(3);
(2) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(22)).''.
SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is
amended--
(1) in clause (ii), by striking ``and the activity
is not prohibited as a crime by the State in which the
activity takes place''; and
(2) in clause (iii), by striking ``the activity
takes place on a ship flying the flag of a foreign
country or outside the United States,''.
SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a),
115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and
2281(a)(1)(F) of title 18, United States Code, are each
amended by inserting ``or conspires'' after
``attempts''.
(2) Section 115(b)(2) of title 18, United States
Code, is amended by striking ``or attempted
kidnapping'' both places it appears and inserting ``,
attempted kidnapping, or conspiracy to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States
Code, is amended by striking ``or attempted murder''
and inserting ``, attempted murder, or conspiracy to
murder''.
(B) Section 115(b)(3) of title 18, United States
Code, is amended by striking ``and 1113'' and inserting
``, 1113, and 1117''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States
Code, is amended by inserting ``or conspiring'' after
``attempting''.
(2) Section 46502(b)(1) of title 49, United States
Code, is amended by inserting ``or conspiring to
commit'' after ``committing''.
SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended
by striking ``commerce,'' and inserting ``interstate or foreign
commerce, or in or affecting interstate or foreign commerce,''.
SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting
``Against a National of the United States or
Within the United States'' after ``Offense'';
(B) by striking ``uses, or attempts'' and
inserting ``, without lawful authority, uses,
threatens, or attempts''; and
(C) in paragraph (2), by inserting ``, and
the results of such use affect interstate or
foreign commerce or, in the case of a threat,
attempt, or conspiracy, would have affected
interstate or foreign commerce'' before the
semicolon at the end;
(2) in subsection (b), by striking subparagraph (B)
and inserting the following:
``(B) any weapon that is designed or
intended to cause death or serious bodily
injury through the release, dissemination, or
impact of toxic or poisonous chemicals, or
their precursors;'';
(3) by redesignating subsection (b) as subsection
(c); and
(4) by inserting after subsection (a) the following
new subsection:
``(b) Offense by National of the United States Outside of
the United States.--Any national of the United States who,
without lawful authority, uses, or threatens, attempts, or
conspires to use, a weapon of mass destruction outside of the
United States shall be imprisoned for any term of years or for
life, and if death results, shall be punished by death, or by
imprisonment for any term of years or for life.''.
SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
Section 1956(c)(7) of title 18, United States Code, is
amended--
(1) in subparagraph (B), by amending clause (ii) to
read as follows:
``(ii) murder, kidnapping, robbery,
extortion, or destruction of property by means
of explosive or fire;''; and
(2) in subparagraph (D)--
(A) by inserting after ``an offense under''
the following: ``section 32 (relating to the
destruction of aircraft), section 37 (relating
to violence at international airports), section
115 (relating to influencing, impeding, or
retaliating against a Federal official by
threatening or injuring a family member),'';
(B) by inserting after ``section 215
(relating to commissions or gifts for procuring
loans),'' the following: ``section 351
(relating to congressional or Cabinet officer
assassination),'';
(C) by inserting after ``section 798
(relating to espionage),'' the following:
``section 831 (relating to prohibited
transactions involving nuclear materials),
section 844 (f) or (i) (relating to destruction
by explosives or fire of Government property or
property affecting interstate or foreign
commerce),'';
(D) by inserting after ``section 875
(relating to interstate communications),'' the
following: ``section 956 (relating to
conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),'';
(E) by inserting after ``section 1032
(relating to concealment of assets from
conservator, receiver, or liquidating agent of
financial institution),'' the following:
``section 1111 (relating to murder), section
1114 (relating to murder of United States law
enforcement officials), section 1116 (relating
to murder of foreign officials, official
guests, or internationally protected
persons),'';
(F) by inserting after ``section 1203
(relating to hostage taking),'' the following:
``section 1361 (relating to willful injury of
Government property), section 1363 (relating to
destruction of property within the special
maritime and territorial jurisdiction),'';
(G) by inserting after ``section 1708
(relating to theft from the mail),'' the
following: ``section 1751 (relating to
Presidential assassination),'';
(H) by inserting after ``2114 (relating to
bank and postal robbery and theft),'' the
following: ``section 2280 (relating to violence
against maritime navigation), section 2281
(relating to violence against maritime fixed
platforms),'';
(I) by striking ``or section 2320'' and
inserting ``section 2320''; and
(J) by striking ``of this title'' and
inserting the following: ``, section 2332
(relating to terrorist acts abroad against
United States nationals), section 2332a
(relating to use of weapons of mass
destruction), section 2332b (relating to
international terrorist acts transcending
national boundaries), or section 2339A
(relating to providing material support to
terrorists) of this title, section 46502 of
title 49, United States Code,''.
SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR
FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE
UNITED STATES.
(a) Homicide.--Section 1114 of title 18, United States
Code, is amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
``Whoever kills or attempts to kill any officer or employee
of the United States or of any agency in any branch of the
United States Government (including any member of the uniformed
services) while such officer or employee is engaged in or on
account of the performance of official duties, or any person
assisting such an officer or employee in the performance of
such duties or on account of that assistance, shall be
punished--
``(1) in the case of murder, as provided under
section 1111;
``(2) in the case of manslaughter, as provided
under section 1112; or
``(3) in the case of attempted murder or
manslaughter, as provided in section 1113.''.
(b) Threats Against Former Officers and Employees.--
(1) In General.--Section 115(a)(2) of title 18,
United States Code, is amended by inserting ``, or
threatens to assault, kidnap, or murder, any person who
formerly served as a person designated in paragraph
(1), or'' after ``assaults, kidnaps, or murders, or
attempts to kidnap or murder''.
(2) Limitation.--Section 115 of title 18, United
States Code, is amended by adding at the end the
following:
``(d) This section shall not interfere with the
investigative authority of the United States Secret Service, as
provided under section 3056, 871, and 879 of this title.''.
(c) Amendment To Clarify the Meaning of the Term Deadly or
Dangerous Weapon in the Prohibition on Assault on Federal
Officers or Employees.--Section 111(b) of title 18, United
States Code, is amended by inserting ``(including a weapon
intended to cause death or danger but that fails to do so by
reason of a defective component)'' after ``deadly or dangerous
weapon''.
SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended
by inserting after paragraph (15) the following new paragraph:
``(16) Multiple killings or attempted killings.--
The defendant intentionally killed or attempted to kill
more than one person in a single criminal episode.''.
SEC. 729. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended
by inserting ``(not including any intermediate Saturday,
Sunday, or legal holiday)'' after ``five days'' and after
``three days''.
SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of
the Sentencing Act of 1987, as though the authority under that
section had not expired, amend the sentencing guidelines so
that the chapter 3 adjustment relating to international
terrorism only applies to Federal crimes of terrorism, as
defined in section 2332b(g) of title 18, United States Code.
SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS.
Section 2510 of title 18, United States Code, is amended--
(1) in paragraph (12)--
(A) by striking ``or'' at the end of
subparagraph (B);
(B) by adding ``or'' at the end of
subparagraph (C); and
(C) by adding at the end the following new
subparagraph:
``(D) electronic funds transfer information
stored by a financial institution in a
communications system used for the electronic
storage and transfer of funds;''; and
(2) in paragraph (16)--
(A) by adding ``or'' at the end of
subparagraph (D);
(B) by striking ``or'' at the end of
subparagraph (E); and
(C) by striking subparagraph (F).
SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE
MATERIALS.
(a) Study.--
(1) In general.--Not later than 12 months after the
date of enactment of this Act, the Secretary of the
Treasury (referred to in this section as the
``Secretary'') shall conduct a study of--
(A) the tagging of explosive materials for
purposes of detection and identification;
(B) the feasibility and practicability of
rendering common chemicals used to manufacture
explosive materials inert;
(C) the feasibility and practicability of
imposing controls on certain precursor
chemicals used to manufacture explosive
materials; and
(D) State licensing requirements for the
purchase and use of commercial high explosives,
including--
(i) detonators;
(ii) detonating cords;
(iii) dynamite;
(iv) water gel;
(v) emulsion;
(vi) blasting agents; and
(vii) boosters.
(2) Exclusion.--No study conducted under this
subsection or regulation proposed under subsection (a)
shall include black or smokeless powder among the
explosive materials considered.
(b) Consultation.--
(1) In general.--In conducting the study under
subsection (a), the Secretary shall consult with--
(A) Federal, State, and local officials
with expertise in the area of chemicals used to
manufacture explosive materials; and
(B) such other individuals as the Secretary
determines are necessary.
(2) Fertilizer research centers.--In conducting any
portion of the study under subsection (a) relating to
the regulation and use of fertilizer as a pre-explosive
material, the Secretary of the Treasury shall consult
with and receive input from non-profit fertilizer
research centers.
(c) Report.--Not later than 30 days after the completion of
the study conducted under subsection (a), the Secretary shall
submit a report to the Congress, which shall be made public,
that contains--
(1) the results of the study;
(2) any recommendations for legislation; and
(3) any opinions and findings of the fertilizer
research centers.
(d) Hearings.--Congress shall have not less than 90 days
after the submission of the report under subsection (c) to--
(1) review the results of the study; and
(2) hold hearings and receive testimony regarding
the recommendations of the Secretary.
(e) Regulations.--
(1) In general.--Not later than 6 months after the
submission of the report required by subsection (c),
the Secretary may submit to Congress and publish in the
Federal Register draft regulations for the addition of
tracer elements to explosive materials manufactured in
or imported into the United States, of such character
and in such quantity as the Secretary may authorize or
require, if the results of the study conducted under
subsection (a) indicate that the tracer elements--
(A) will not pose a risk to human life or
safety;
(B) will substantially assist law
enforcement officers in their investigative
efforts;
(C) will not substantially impair the
quality of the explosive materials for their
intended lawful use;
(D) will not have a substantially adverse
effect on the environment; and
(E) the costs associated with the addition
of the tracers will not outweigh benefits of
their inclusion.
(2) Effective date.--The regulations under
paragraph (1) shall take effect 270 days after the
Secretary submits proposed regulations to Congress
pursuant to paragraph (1), except to the extent that
the effective date is revised or the regulation is
otherwise modified or disapproved by an Act of
Congress.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.
The Attorney General and the Secretary of the Treasury are
authorized to support law enforcement training activities in
foreign countries, subject to the concurrence of the Secretary
of State, for the purpose of improving the effectiveness of the
United States in investigating and prosecuting transnational
offenses.
SEC. 802. SENSE OF CONGRESS.
It is the sense of the Congress that, whenever practicable,
each recipient of any sum authorized to be appropriated by this
Act, should use the money to purchase American-made products.
SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF
COLUMBIA.
The Attorney General and the Secretary of the Treasury may
prohibit--
(1) any vehicles from parking or standing on any
street or roadway adjacent to any building in the
District of Columbia used by law enforcement
authorities subject to their jurisdiction, that is in
whole or in part owned, possessed, or leased to the
Federal Government; and
(2) any person or entity from conducting business
on any property immediately adjacent to any building
described in paragraph (1).
SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by
adding at the end the following new subsection:
``(f) Requirement To Preserve Evidence.--
``(1) In general.--A provider of wire or electronic
communication services or a remote computing service,
upon the request of a governmental entity, shall take
all necessary steps to preserve records, and other
evidence in its possession pending the issuance of a
court order or other process.
``(2) Period of retention.--Records referred to in
paragraph (1) shall be retained for a period of 90
days, which shall be extended for an additional 90-day
period upon a renewed request by the governmental
entity.''.
SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL
INTEREST COMPUTER.
(a) Review.--Not later than 60 calendar days after the date
of enactment of this Act, the United States Sentencing
Commission shall review the deterrent effect of existing
guideline levels as they apply to paragraphs (4) and (5) of
section 1030(a) of title 18, United States Code.
(b) Report.--The United States Sentencing Commission shall
prepare and transmit a report to the Congress on the findings
under the study conducted under subsection (a).
(c) Amendment of Guidelines.--Pursuant to its authority
under section 994(p) of title 28, United States Code, the
United States Sentencing Commission shall amend the sentencing
guidelines to ensure any individual convicted of a violation of
paragraph (4) or (5) of section 1030(a) of title 18, United
States Code, is imprisoned for not less than 6 months.
SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT.
(a) Establishment.--There is established a commission to be
known as the ``Commission on the Advancement of Federal Law
Enforcement'' (hereinafter in this section referred to as the
``Commission'').
(b) Duties.--The Commission shall review, ascertain,
evaluate, report, and recommend action to the Congress on the
following matters:
(1) The Federal law enforcement priorities for the
21st century, including Federal law enforcement
capability to investigate and deter adequately the
threat of terrorism facing the United States.
(2) In general, the manner in which significant
Federal criminal law enforcement operations are
conceived, planned, coordinated, and executed.
(3) The standards and procedures used by Federal
law enforcement to carry out significant Federal
criminal law enforcement operations, and their
uniformity and compatibility on an interagency basis,
including standards related to the use of deadly force.
(4) The investigation and handling of specific
Federal criminal law enforcement cases by the United
States Government and the Federal law enforcement
agencies therewith, selected at the Commission's
discretion.
(5) The necessity for the present number of Federal
law enforcement agencies and units.
(6) The location and efficacy of the office or
entity directly responsible, aside from the President
of the United States, for the coordination on an
interagency basis of the operations, programs, and
activities of all of the Federal law enforcement
agencies.
(7) The degree of assistance, training, education,
and other human resource management assets devoted to
increasing professionalism for Federal law enforcement
officers.
(8) The independent accountability mechanisms that
exist, if any, and their efficacy to investigate,
address, and to correct Federal law enforcement abuses.
(9) The degree of coordination among law
enforcement agencies in the area of international crime
and the extent to which deployment of resources
overseas diminishes domestic law enforcement.
(10) The extent to which Federal law enforcement
agencies coordinate with State and local law
enforcement agencies on Federal criminal enforcement
operations and programs that directly affect a State or
local law enforcement agency's geographical
jurisdiction.
(11) Such other related matters as the Commission
deems appropriate.
(c) Membership and Administrative Provisions.--
(1) Number and appointment.--The Commission shall
be composed of 5 members appointed as follows:
(A) 1 member appointed by the President pro
tempore of the Senate.
(B) 1 member appointed by the minority
leader of the Senate.
(C) 1 member appointed by the Speaker of
the House of Representatives.
(D) 1 member appointed by the minority
leader of the House of Representatives.
(E) 1 member (who shall chair the
Commission) appointed by the Chief Justice of
the Supreme Court.
(2) Disqualification.--A person who is an officer
or employee of the United States shall not be appointed
a member of the Commission.
(3) Terms.--Each member shall be appointed for the
life of the Commission.
(4) Quorum.--3 members of the Commission shall
constitute a quorum but a lesser number may hold
hearings.
(5) Meetings.--The Commission shall meet at the
call of the Chair of the Commission.
(6) Compensation.--Each member of the Commission
who is not an officer or employee of the Federal
Government shall be compensated at a rate equal to the
daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code, for each
day, including travel time, during which the member is
engaged in the performance of the duties of the
Commission.
(d) Staffing and Support Functions.--
(1) Director.--The Commission shall have a director
who shall be appointed by the Chair of the Commission.
(2) Staff.--Subject to rules prescribed by the
Commission, the Director may appoint additional
personnel as the Commission considers appropriate.
(3) Applicability of certain civil service laws.--
The Director and staff of the Commission shall be
appointed subject to the provisions of title 5, United
States Code, governing appointments in the competitive
service, and shall be paid in accordance with the
provisions of chapter 51 and subchapter III of chapter
53 of that title relating to classification and General
Schedule pay rates.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for
the purposes of carrying out this Act, hold hearings,
sit and act at times and places, take testimony, and
receive evidence as the Commission considers
appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it. The
Commission may establish rules for its proceedings.
(2) Powers of members and agents.--Any member or
agent of the Commission may, if authorized by the
Commission, take any action which the Commission is
authorized to take by this section.
(3) Obtaining official data.--The Commission may
secure directly from any department or agency of the
United States information necessary to enable it to
carry out this section. Upon request of the Chair of
the Commission, the head of that department or agency
shall furnish that information to the Commission,
unless doing so would threaten the national security,
the health or safety of any individual, or the
integrity of an ongoing investigation.
(4) Administrative support services.--Upon the
request of the Commission, the Administrator of General
Services shall provide to the Commission, on a
reimbursable basis, the administrative support services
necessary for the Commission to carry out its
responsibilities under this title.
(f) Report.--The Commission shall transmit a report to the
Congress and the public not later than 2 years after a quorum
of the Commission has been appointed. The report shall contain
a detailed statement of the findings and conclusions of the
Commission, together with the Commission's recommendations for
such actions as the Commission considers appropriate.
(g) Termination.--The Commission shall terminate 30 days
after submitting the report required by this section.
SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES
CURRENCY.
(a) In General.--The Secretary of the Treasury (hereafter
in this section referred to as the ``Secretary''), in
consultation with the advanced counterfeit deterrence steering
committee, shall--
(1) study the use and holding of United States
currency in foreign countries; and
(2) develop useful estimates of the amount of
counterfeit United States currency that circulates
outside the United States each year.
(b) Evaluation Audit Plan.--
(1) In general.--The Secretary shall develop an
effective international evaluation audit plan that is
designed to enable the Secretary to carry out the
duties described in subsection (a) on a regular and
thorough basis.
(2) Submission of detailed written summary.--The
Secretary shall submit a detailed written summary of
the evaluation audit plan developed pursuant to
paragraph (1) to the Congress before the end of the 6-
month period beginning on the date of the enactment of
this Act.
(3) 1st evaluation audit under plan.--The Secretary
shall begin the first evaluation audit pursuant to the
evaluation audit plan no later than the end of the 1-
year period beginning on the date of the enactment of
this Act.
(4) Subsequent evaluation audits.--At least 1
evaluation audit shall be performed pursuant to the
evaluation audit plan during each 3-year period
beginning after the date of the commencement of the
evaluation audit referred to in paragraph (3).
(c) Reports.--
(1) In general.--The Secretary shall submit a
written report to the Committee on Banking and
Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of
the Senate on the results of each evaluation audit
conducted pursuant to subsection (b) within 90 days
after the completion of the evaluation audit.
(2) Contents.--In addition to such other
information as the Secretary may determine to be
appropriate, each report submitted to the Congress
pursuant to paragraph (1) shall include the following
information:
(A) A detailed description of the
evaluation audit process and the methods used
to develop estimates of the amount of
counterfeit United States currency in
circulation outside the United States.
(B) The method used to determine the
currency sample examined in connection with the
evaluation audit and a statistical analysis of
the sample examined.
(C) A list of the regions of the world,
types of financial institutions, and other
entities included.
(D) An estimate of the total amount of
United States currency found in each region of
the world.
(E) The total amount of counterfeit United
States currency and the total quantity of each
counterfeit denomination found in each region
of the world.
(3) Classification of information.--
(A) In general.--To the greatest extent
possible, each report submitted to the Congress
under this subsection shall be submitted in an
unclassified form.
(B) Classified and unclassified forms.--If,
in the interest of submitting a complete report
under this subsection, the Secretary determines
that it is necessary to include classified
information in the report, the report shall be
submitted in a classified and an unclassified
form.
(d) Sunset Provision.--This section shall cease to be
effective as of the end of the 10-year period beginning on the
date of the enactment of this Act.
(e) Rule of Construction.--No provision of this section
shall be construed as authorizing any entity to conduct
investigations of counterfeit United States currency.
(f) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited
outside the United States.
(2) The 103d Congress enacted, with the approval of
the President on September 13, 1994, section 470 of
title 18, United States Code, making such activity a
crime under the laws of the United States.
(3) The expeditious posting of agents of the United
States Secret Service to overseas posts, which is
necessary for the effective enforcement of section 470
and related criminal provisions, has been delayed.
(4) While section 470 of title 18, United States
Code, provides for a maximum term of imprisonment of 20
years as opposed to a maximum term of 15 years for
domestic counterfeiting, the United States Sentencing
Commission has failed to provide, in its sentencing
guidelines, for an appropriate enhancement of
punishment for defendants convicted of counterfeiting
United States currency outside the United States.
(g) Timely Consideration of Requests for Concurrence in
Creation of Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request
by the Secretary of the Treasury for the
placement of such number of agents of the
United States Secret Service as the Secretary
of the Treasury considers appropriate in posts
in overseas embassies; and
(B) reach an agreement with the Secretary
of the Treasury on such posts as soon as
possible and, in any event, not later than
December 31, 1996.
(2) Cooperation of treasury required.--The
Secretary of the Treasury shall promptly provide any
information requested by the Secretary of State in
connection with such requests.
(3) Reports required.--The Secretary of the
Treasury and the Secretary of State shall each submit,
by February 1, 1997, a written report to the Committee
on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate explaining the reasons
for the rejection, if any, of any proposed post and the
reasons for the failure, if any, to fill any approved
post by such date.
(h) Enhanced Penalties for International Counterfeiting of
United States Currency.--Pursuant to the authority of the
United States Sentencing Commission under section 994 of title
28, United States Code, the Commission shall amend the
sentencing guidelines prescribed by the Commission to provide
an appropriate enhancement of the punishment for a defendant
convicted under section 470 of title 18 of such Code.
SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF
GOVERNMENT EMPLOYEES.
(a) Findings.--The Congress finds that--
(1) threats of violence and acts of violence
against Federal, State, and local government employees
and their families are increasing as the result of
attempts to stop public servants from performing their
lawful duties;
(2) these acts are a danger to the constitutional
form of government of the United States; and
(3) more information is needed relating to the
extent and nature of the danger to these employees and
their families so that actions can be taken to protect
public servants at all levels of government in the
performance of their duties.
(b) Statistics.--The Attorney General shall collect data,
for the calendar year 1990 and each succeeding calendar year
thereafter, relating to crimes and incidents of threats of
violence and acts of violence against Federal, State, and local
government employees and their families in the performance of
their lawful duties. Such data shall include--
(1) in the case of crimes against such employees
and their families, the nature of the crime; and
(2) in the case of incidents of threats of violence
and acts of violence, including verbal and implicit
threats against such employees and their families, the
deterrent effect on the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish
guidelines for the collection of the data under subsection (b),
including a definition of the sufficiency of evidence of
noncriminal incidents required to be reported.
(d) Use of Data.--
(1) Annual publishing.--The Attorney General shall
publish an annual summary of the data collected under
this section.
(2) Use of data.--Except with respect to the
summary published under paragraph (1), data collected
under this section shall be used only for research and
statistical purposes.
(e) Exemption.--The Attorney General, the Secretary of
State, and the United States Secret Service is not required to
participate in any statistical reporting activity under this
section with respect to any direct or indirect threat made
against any individual for whom that official or Service is
authorized to provide protection.
SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS
FROM THE CRIMINAL USE OF FIREARMS AND AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the
Attorney General, shall conduct a study and make
recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade,
for law enforcement officers, including--
(A) those officers who were feloniously
killed or seriously injured and those that died
or were seriously injured as a result of
accidents or other non-felonious causes;
(B) those officers feloniously killed or
seriously injured with firearms, those killed
or seriously injured with, separately, handguns
firing handgun caliber ammunition, handguns
firing rifle caliber ammunition, rifles firing
rifle caliber ammunition, rifles firing handgun
caliber ammunition and shotguns;
(C) those officers feloniously killed or
seriously injured with firearms, and killings
or serious injuries committed with firearms
taken by officers' assailants from officers,
and those committed with other officers'
firearms; and
(D) those killed or seriously injured
because shots attributable to projectiles
defined as ``armor piercing ammunition'' under
section 921(a)(17)(B) (i) and (ii) of title 18,
United States Code, pierced the protective
material of bullet resistant vests and bullet
resistant headgear;
(2) whether current passive defensive strategies,
such as body armor, are adequate to counter the
criminal use of firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities;
(B) their common uses, according to
consultations with industry, sporting
organizations and law enforcement;
(C) the calibers commonly used for civilian
defensive or sporting uses that would be
affected by any prohibition on non-law
enforcement sales of such ammunition, if such
ammunition is capable of penetrating minimum
level bullet resistant vests; and
(D) recommendations for increase in body
armor capabilities to further protect law
enforcement from threat.
(b) In conducting the study, the Secretary shall consult
with other Federal, State and local officials, non-governmental
organizations, including all national police organizations,
national sporting organizations and national industry
associations with expertise in this area and such other
individuals as shall be deemed necessary. Such study shall be
presented to Congress twelve months after the enactment of this
Act and made available to the public, including any data tapes
or data used to form such recommendations.
(c) There are authorized to be appropriated for the study
and recommendations such sums as may be necessary.
SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study.--The Attorney General and the Director of the
Federal Bureau of Investigation shall study all applicable laws
and guidelines relating to electronic surveillance and the use
of pen registers and other trap and trace devices.
(b) Report.--Not later than 90 days after the date of
enactment of this Act, the Attorney General shall submit a
report to the Congress that includes--
(1) the findings of the study conducted pursuant to
subsection (a);
(2) recommendations for the use of electronic
devices in conducting surveillance of terrorist or
other criminal organizations, and for any modifications
in the law necessary to enable the Federal Government
to fulfill its law enforcement responsibilities within
appropriate constitutional parameters;
(3) a summary of instances in which Federal law
enforcement authorities may have abused electronic
surveillance powers and recommendations, if needed, for
constitutional safeguards relating to the use of such
powers; and
(4) a summary of efforts to use current wiretap
authority, including detailed examples of situations in
which expanded authority would have enabled law
enforcement authorities to fulfill their
responsibilities.
Subtitle B--Funding Authorizations for Law Enforcement
SEC. 811. FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--With funds made available pursuant to
subsection (c)--
(1) the Attorney General shall--
(A) provide support and enhance the
technical support center and tactical
operations of the Federal Bureau of
Investigation;
(B) create a Federal Bureau of
Investigation counterterrorism and
counterintelligence fund for costs associated
with the investigation of cases involving cases
of terrorism;
(C) expand and improve the instructional,
operational support, and construction of the
Federal Bureau of Investigation Academy;
(D) construct a Federal Bureau of
Investigation laboratory, provide laboratory
examination support, and provide for a command
center;
(E) make grants to States to carry out the
activities described in subsection (b); and
(F) increase personnel to support
counterterrorism activities; and
(2) the Director of the Federal Bureau of
Investigation may expand the combined DNA
Identification System (CODIS) to include Federal crimes
and crimes committed in the District of Columbia.
(b) State Grants.--
(1) Authorization.--The Attorney General, in
consultation with the Director of the Federal Bureau of
Investigation, may make grants to each State eligible
under paragraph (2) to be used by the chief executive
officer of the State, in conjunction with units of
local government, other States, or any combination
thereof, to carry out all or part of a program to
establish, develop, update, or upgrade--
(A) computerized identification systems
that are compatible and integrated with the
databases of the National Crime Information
Center of the Federal Bureau of Investigation;
(B) the capability to analyze
deoxyribonucleic acid (DNA) in a forensic
laboratory in ways that are compatible and
integrated with the combined DNA Identification
System (CODIS) of the Federal Bureau of
Investigation; and
(C) automated fingerprint identification
systems that are compatible and integrated with
the Integrated Automated Fingerprint
Identification System (IAFIS) of the Federal
Bureau of Investigation.
(2) Eligibility.--To be eligible to receive a grant
under this subsection, a State shall require that each
person convicted of a felony of a sexual nature shall
provide to appropriate State law enforcement officials,
as designated by the chief executive officer of the
State, a sample of blood, saliva, or other specimen
necessary to conduct a DNA analysis consistent with the
standards established for DNA testing by the Director
of the Federal Bureau of Investigation.
(3) Interstate compacts.--A State may enter into a
compact or compacts with another State or States to
carry out this subsection.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be
appropriated for the activities of the Federal Bureau
of Investigation, to help meet the increased demands
for activities to combat terrorism--
(A) $114,000,000 for fiscal year 1997;
(B) $166,000,000 for fiscal year 1998;
(C) $96,000,000 for fiscal year 1999; and
(D) $92,000,000 for fiscal year 2000.
(2) Availability of funds.--Funds made available
pursuant to paragraph (1), in any fiscal year, shall
remain available until expended.
(3) Allocation.--
(A) In general.--Of the total amount
appropriated to carry out subsection (b) in a
fiscal year--
(i) the greater of 0.25 percent of
such amount or $500,000 shall be
allocated to each eligible State; and
(ii) of the total funds remaining
after the allocation under clause (i),
there shall be allocated to each State
an amount which bears the same ratio to
the amount of remaining funds described
in this subparagraph as the population
of such State bears to the population
of all States.
(B) Definition.--For purposes of this
paragraph, the term ``State'' means any State
of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin
Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands,
except that for purposes of the allocation
under this subparagraph, American Samoa and the
Commonwealth of the Northern Mariana Islands
shall be considered as one State and that for
these purposes, 67 percent of the amounts
allocated shall be allocated to American Samoa,
and 33 percent to the Commonwealth of the
Northern Mariana Islands.
SEC. 812. UNITED STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the United States Customs Service, to
help meet the increased needs of the United States Customs
Service--
(1) $8,000,000 for fiscal year 1997;
(2) $8,000,000 for fiscal year 1998;
(3) $8,000,000 for fiscal year 1999; and
(4) $7,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--There are authorized to be appropriated
for the activities of the Immigration and Naturalization
Service, to help meet the increased needs of the Immigration
and Naturalization Service, including the detention and removal
of alien terrorists, $5,000,000 for each of the fiscal years
1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant
to subsection (a), in any fiscal year, shall remain available
until expended.
SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--The
Attorney General shall use funds made available pursuant to
subsection (b) to--
(1) fund antiviolence crime initiatives;
(2) fund initiatives to address major violators of
Federal antidrug statutes; and
(3) enhance or replace infrastructure of the Drug
Enforcement Administration.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Drug Enforcement Administration, to
help meet the increased needs of the Drug Enforcement
Administration--
(1) $35,000,000 for fiscal year 1997;
(2) $40,000,000 for fiscal year 1998;
(3) $45,000,000 for fiscal year 1999; and
(4) $52,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 815. DEPARTMENT OF JUSTICE.
(a) In General.--The Attorney General shall use funds made
available pursuant to subsection (b) to--
(1) hire additional Assistant United States
Attorneys and attorneys within the Criminal Division of
the Department of Justice; and
(2) provide for increased security at courthouses
and other facilities in which Federal workers are
employed.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to carry out this section--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
(d) Exemption Authority.--Notwithstanding any other
provision of law, section 102(b) of the Department of Justice
and Related Agencies Appropriations Act, 1993 (Public Law 102-
395), shall remain in effect until specifically repealed,
subject to any limitation on appropriations contained in any
Department of Justice Appropriation Authorization Act.
(e) General Reward Authority of the Attorney General.--
(1) In general.--Chapter 203 of title 18, United
States Code, is amended by adding immediately after
section 3059A the following section:
``Sec. 3059B. General reward authority
``(a) Notwithstanding any other provision of law, the
Attorney General may pay rewards and receive from any
department or agency funds for the payment of rewards under
this section to any individual who assists the Department of
Justice in performing its functions.
``(b) Not later than 30 days after authorizing a reward
under this section that exceeds $100,000, the Attorney General
shall give notice to the respective chairmen of the Committees
on Appropriations and the Committees on the Judiciary of the
Senate and the House of Representatives.
``(c) A determination made by the Attorney General to
authorize an award under this section and the amount of any
reward authorized shall be final and conclusive, and not
subject to judicial review.''.
SEC. 816. DEPARTMENT OF THE TREASURY.
(a) In General.--There are authorized to be appropriated
for Department of Treasury law enforcement agencies engaged in
counterterrorism efforts to augment those efforts--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $10,000,000 for fiscal year 2000.
(b) United States Secret Service.--There are authorized to
be appropriated for the activities of the United States Secret
Service, to augment White House security and expand
Presidential protection activities--
(1) $11,000,000 for fiscal year 1997;
(2) $11,000,000 for fiscal year 1998;
(3) $13,000,000 for fiscal year 1999; and
(4) $15,000,000 for fiscal year 2000.
SEC. 817. UNITED STATES PARK POLICE.
(a) In General.--There are authorized to be appropriated
for the activities of the United States Park Police, to help
meet the increased needs of the United States Park Police,
$500,000 for each of the fiscal years 1997, 1998, 1999, and
2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 818. THE JUDICIARY.
(a) In General.--There are authorized to be appropriated to
the Federal judiciary, to help meet the increased demands for
judicial branch activities, including supervised release, and
pretrial and probation services, resulting from the enactment
of this Act--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant
to this section, in any fiscal year, shall remain available
until expended.
SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.
(a) Grant Authorization.--The Attorney General, in
consultation with the Director of the Federal Emergency
Management Agency, may make grants to provide specialized
training and equipment to enhance the capability of
metropolitan fire and emergency service departments to respond
to terrorist attacks.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 1997, $5,000,000 to carry
out this section.
SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE
DETECTION DEVICES AND OTHER COUNTERTERRORISM
TECHNOLOGY.
There are authorized to be appropriated to the National
Institute of Justice Office of Science and Technology not more
than $10,000,000 for each of the fiscal years 1997 and 1998 to
provide assistance to foreign countries facing an imminent
danger of terrorist attack that threatens the national interest
of the United States, or puts United States nationals at risk,
in--
(1) obtaining explosive detection devices and other
counterterrorism technology;
(2) conducting research and development projects on
such technology; and
(3) testing and evaluating counterterrorism
technologies in those countries.
SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM
TECHNOLOGIES.
There are authorized to be appropriated to the National
Institute of Justice Office of Science and Technology not more
than $10,000,000 for fiscal year 1997, to--
(1) develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives,
chemicals, and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) develop standards to ensure the adequacy of
products produced and compatibility with relevant
national systems; and
(3) identify and assess requirements for
technologies to assist State and local law enforcement
in the national program to combat terrorism.
SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND
EQUIPMENT.
(a) Amendment of Byrne Grant Program.--Section 501(b) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3751(b)) is amended--
(1) by striking ``and'' at the end of paragraph
(24);
(2) by striking the period at the end of paragraph
(25) and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(26) to develop and implement antiterrorism
training programs and to procure equipment for use by
local law enforcement authorities.''.
(b) Authorization of Appropriations.--There are authorized
to be appropriated $25,000,000 for each of fiscal years 1997
through 2000 for grants under section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) to be
used for the development and implementation of antiterrorism
training programs and to procure equipment for use by local law
enforcement authorities.
SEC. 823. FUNDING SOURCE.
Appropriations for activities authorized in this subtitle
may be made from the Violent Crime Reduction Trust Fund.
TITLE IX--MISCELLANEOUS
SEC. 901. EXPANSION OF TERRITORIAL SEA.
(a) Territorial Sea Extending to Twelve Miles Included in
Special Maritime and Territorial Jurisdiction.--The Congress
declares that all the territorial sea of the United States, as
defined by Presidential Proclamation 5928 of December 27, 1988,
for purposes of Federal criminal jurisdiction is part of the
United States, subject to its sovereignty, and is within the
special maritime and territorial jurisdiction of the United
States for the purposes of title 18, United States Code.
(b) Assimilated Crimes in Extended Territorial Sea.--
Section 13 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after
``title,'' the following: ``or on, above, or below any
portion of the territorial sea of the United States not
within the jurisdiction of any State, Commonwealth,
territory, possession, or district''; and
(2) by adding at the end the following new
subsection:
``(c) Whenever any waters of the territorial sea of the
United States lie outside the territory of any State,
Commonwealth, territory, possession, or district, such waters
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon)
shall be deemed, for purposes of subsection (a), to lie within
the area of the State, Commonwealth, territory, possession, or
district that it would lie within if the boundaries of such
State, Commonwealth, territory, possession, or district were
extended seaward to the outer limit of the territorial sea of
the United States.''.
SEC. 902. PROOF OF CITIZENSHIP.
Notwithstanding any other provision of law, a Federal,
State, or local government agency may not use a voter
registration card (or other related document) that evidences
registration for an election for Federal office, as evidence to
prove United States citizenship.
SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.
(a) In General.--Section 3006A of title 18, United States
Code, is amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (4), (5)
and (6) as paragraphs (5), (6), and (7),
respectively; and
(B) by inserting after paragraph (3) the
following:
``(4) Disclosure of fees.--The amounts paid under
this subsection, for representation in any case, shall
be made available to the public.''; and
(2) in subsection (e) by adding at the end of the
following:
``(4) Disclosure of fees.--The amounts paid under
this subsection for services in any case shall be made
available to the public.''.
(b) Fees and Expenses and Capital Cases.--Section
408(q)(10) of the Controlled Substances Act (21 U.S.C.
848(q)(10)) is amended to read as follows:
``(10)(A) Compensation shall be paid to attorneys appointed
under this subsection at a rate of not more than $125, per hour
for in-court and out-of-court time. Not less than 3 years after
the date of the enactment of the Antiterrorism and Effective
Death Penalty Act of 1996, the Judicial Conference is
authorized to raise the maximum for hourly payment specified in
the paragraph up to the aggregate of the overall average
percentages of the adjustments in the rates of pay for the
General Schedule made pursuant to section 5305 of title 5 on or
after such date. After the rates are raised under the preceding
sentence, such hourly range may be raised at intervals of not
less than one year, up to the aggregate of the overall average
percentages of such adjustments made since the last raise under
this paragraph.
``(B) Fees and expenses paid for investigative, expert, and
other reasonably necessary services authorized under paragraph
(9) shall not exceed $7,500 in any case, unless payment in
excess of that limit is certified by the court, or by the
United States magistrate judge, if the services were rendered
in connection with the case disposed of entirely before such
magistrate judge, as necessary to provide fair compensation for
services of an unusual character or duration, and the amount of
the excess payment is approved by the chief judge of the
circuit. The chief judge of the circuit may delegate such
approval authority to an active circuit judge.
``(C) The amounts paid under this paragraph for services in
any case shall be disclosed to the public, after the
disposition of the petition.''.
(c) Effective Date.--The amendments made by this section
apply to--
(1) cases commenced on or after the date of the
enactment of this Act; and
(2) to appellate proceedings, in which an appeal is
perfected, on or after the date of the enactment of
this Act.
SEC. 904. SEVERABILITY.
If any provision of this Act, an amendment made by this
Act, or the application of such provision or amendment to any
person or circumstance is held to be unconstitutional, the
remainder of this Act, the amendments made by this Act, and the
application of the provisions of such to any person or
circumstance shall not be affected thereby.
And the House agree to the same.
That the Senate recede from its disagreement to the
amendment of the House to the title of the bill and agree to
the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the
amendment of the House to the title of the bill, insert the
following: ``An Act to deter terrorism, provide justice for
victims, provide for an effective death penalty, and for other
purposes.''.
And the House agree to the same.
Henry Hyde,
Bill McCollum,
Steven Schiff,
Steve Buyer,
Bob Barr,
Charles Schumer,
Managers on the part of the House.
Orrin G. Hatch,
Strom Thurmond,
Alan K. Simpson,
Managers on the part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The managers on the part of the Senate and the House at
the conference on the disagreeing votes of the two Houses on
the bill (S. 735), to prevent and punish terrorism, submit the
following joint statement to the Senate and the House in
explanation of the effect of the action agreed upon by the
managers and recommended in the accompanying conference report.
TITLE I--HABEAS CORPUS REFORM
Sections 101-108--Sections 601-608 of the Senate bill and
sections 901-908 of the House amendment are identical, and
therefor were not modified by the conference committee.
This title incorporates reforms to curb the abuse of the
statutory writ of habeas corpus, and to address the acute
problems of unnecessary delay and abuse in capital cases. It
sets a one year limitation on an application for a habeas writ
and revises the procedures for consideration of a writ in
federal court. It provides for the exhaustion of state remedies
and requires deference to the determinations of state courts
that are neither ``contrary to,'' nor an ``unreasonable
application of,'' clearly established federal law.
The revision in capital habeas practice also sets a time
limit within which the district court must act on a writ, and
provides the government with the right to seek a writ of
mandamus if the district court refuses to act within the
allotted time period. Successive petitions must be approved by
a panel of the court of appeals and are limited to those
petitions that contain newly discovered evidence that would
seriously undermine the jury's verdict or that involve new
constitutional rights that have been retroactively applied by
the Supreme Court.
In capital cases, procedures are established for the
appointment of counsel, conduct of evidentiary hearings, and
the application of the procedures to state unitary review
systems. Courts are directed to give habeas petitions in
capital cases priority status and to decide those petitions
within specified time periods. These procedures apply both to
state and federal capital cases.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sections 201-211--Senate recedes to section 806 of the
House amendment, with modification. The modification includes
the Senate amendments to the bill H.R. 665, passed by the
Senate on December 22, 1995, together with perfecting
amendments. The managers intend that the Report of the Senate
Committee on the Judiciary to accompany H.R. 665 (S.Rept. 104-
179) should serve as the legislative history for this subtitle.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Section 221--House section 803 recedes to Senate section
206, with modifications. This subtitle provides that nations
designated as state sponsors of terrorism under section 6(j) of
the Export Administration Act of 1979 will be amenable to suit
in U.S. courts for terrorist acts. It permits U.S. federal
courts to hear claims seeking money damages for personal injury
or death against such nations and arising from terrorist acts
they commit, or direct to be committed, against American
citizens or nationals outside of the foreign state's territory,
and for such acts within the state's territory if the state
involved has refused to arbitrate the claim.
Subtitle C--Assistance to Victims of Terrorism
This subtitle incorporates several provisions of the
Senate bill and the House amendment addressing the needs of
victims of terrorism.
Section 232--Victims of Terrorism Act. House recedes to
Senate Title X, with modifications to reflect the Senate's
later action on a similar provision in its December 22, 1995
amendment H.R. 665. This provision authorizes supplemental
grants through the States to compensate and assist victims of
terrorism and mass violence.
Section 233--Compensation of victims of terrorism. Senate
recedes to House section 802, with a modification to include
Senate section 902.
Section 234--Crime Victims Fund.
This provision consists of section 201 of the Senate
amendment to H.R. 665, passed by the Senate December 22, 1995.
The section prohibits the payment of federally-funded victim
assistance to any individual who is delinquent in paying a
fine, restitution, or other monetary penalty imposed pursuant
to a conviction for a crime in federal court. To ensure that a
burden is not imposed on state victim assistance programs, as
well as to ensure that no person is wrongfully denied
assistance, this prohibition would not take effect until such
time as a criminal debt tracking system is in place. The
managers do not intend that this provision in any way affect
the development of the tracking system referenced by this
section.
Section 235--Closed circuit televised court proceedings
for victims of crime. Senate recedes to section 808 of the
House amendment, with a modification. This section requires, in
certain cases when the venue of a criminal trial is moved, that
the court provide closed circuit television coverage of the
trial to the original venue for the benefit of victims. The
Senate modification is intended to ensure that the court
retains control over the signal, provides contempt penalties
for violating a court order related to restrictions on the
signal, removes the prohibition on the use of appropriated
funds, and sunsets the provision upon implementation by the
federal courts of any rules they may promulgate to effectuate
the policy addressed by this section. The managers do not
intend that this provision in any way effect either the general
policy of Rule 53 of the Federal Rules of Criminal Procedure
(prohibiting photography and broadcasting in federal criminal
court proceedings), or the authority of the federal courts to
regulate and prescribe rules for conduct in federal courts.
Section 236--This section makes a technical correction to
the Victims of Crime Act.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
Sections 301-303--House recedes to Senate sections 401,
with modifications. This subtitle adds to federal law
prohibitions on providing material support to, or soliciting or
raising funds for, foreign organizations designated by the
Secretary of State, in consultation with the Secretary of the
Treasury and the Attorney General, to be terrorist
organizations. Importantly, the proposed designations of
organizations would be subject to congressional approval. Upon
notification to Congress of the intent to designate a foreign
group as a terrorist organization, the Treasury Secretary will
be authorized to order the freezing of such group's American-
held financial assets. The designation, when final, would be
subject to judicial review, based solely on the administrative
record created, including any national security information
used to make the designation. The designation would expire
after two years, but could be extended for additional two year
periods.
Subtitle B--Prohibitions on Assistance to Terrorist States
Section 321--Senate recedes to House amendment title XV.
This section provides criminal penalties for engaging in
financial transactions with terrorist states by United States
citizens, nationals, residents, and corporations.
Section 322--House recedes to Senate section 903. This
section, including a perfecting amendment to the Senate
provision, instructs the Administrator of the FAA to require
identical security measures for foreign flagged carriers
serving airports in the United States as are required of U.S.
carriers.
In 1990, after the tragic bombing of Pan Am Flight 103,
Congress revamped the aviation security laws. It was the intent
of Congress to ensure that all Americans would be guaranteed
adequate protection from terrorist attacks on international
flights arriving in or departing from the United States,
regardless of the nationality of the air carrier providing the
service.
The 1990 law required the FAA to ensure that foreign
carriers operated under security programs providing a similar
level of safety to that of programs required of U.S. carriers.
Unfortunately, since the 1990 enactment, ambiguity has
developed over Congressional intent regarding the meaning of
the term ``similar''.
This section is intended to resolve that ambiguity. It is
the intent of the managers that the FAA establish a base floor
level of necessary security measures for international flights
which all foreign and domestic carriers will be required to
employ. It is not the intent that any measures currently
required of domestic carriers be dispensed with. Nor is it the
intent of the managers to in any way restrict the ability of
the FAA to impose additional measures on any airline at any
time that a particular threat warrants additional measures.
Additionally, the managers acknowledge that the House
Committee on Transportation and Infrastructure and the Senate
Committee on Commerce, Science and Transportation have
jurisdiction over aviation security issues.
Section 323--Senate recedes to House amendment section
103. This provision amends section 2339A of title 18, United
States Code, (as added by section 120005 of the Violent Crime
Control and Law Enforcement Act of 1994 (P.L. 103-322)) by
adding sections 956 and 2332b of title 18 to the list of
predicate offenses for which an individual can be prosecuted
for providing material support. It is important to note that
the material support being provided, which triggers this
section, need not be to a designated terrorist organization.
The support must be given in furtherance of the specifically
listed criminal offenses, however.
This section also deletes subsection (c) of section 2339A
of title 18, United States Code. The subsection being repealed
provided an unworkable restriction on the investigation of
crimes under section 2339A.
This section also redefines the term ``material support
or resources'' to mean ``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.'' ``Medicine'' should be
understood to be limited to the medicine itself, and does not
include the vast array of medical supplies. ``Religious
materials'' should not be read to include anything that could
be used to cause physical injury to any person. It is meant to
be limited to those religious articles typically used during
customary and time-honored rituals or teachings of a particular
faith, denomination, or sect.
Section 324--House recedes to Senate section 201. This
section states Congressional findings and urges the President
to establish a White House office to coordinate U.S.
counterterrorism efforts and to organize an international
conference to develop multinational responses to the threat of
international terrorism.
Section 325--House recedes to Senate section 202. This
section prohibits U.S. aid to countries that provide aid to
terrorist nations, but permits the President to waive the
prohibition, after notifying Congress, if he determines that
such waiver is in the national interest.
Section 326--House recedes to Senate section 203. This
section prohibits U.S. aid to countries that provide military
equipment to terrorist nations. It, too, permits the President
to waive the prohibition, after notifying Congress, if he
determines that such waiver is in the national interest.
Section 327--House recedes to Senate section 204. This
section requires U.S. opposition to international financial
institutions' assistance to countries that support terrorism.
Section 328--House amendment section 702 recedes to
Senate section 205. This section eases restrictions for U.S.
antiterrorism assistance to foreign nations.
Section 329--House recedes to Senate section 208. This
section defines, for purposes of this title, ``assistance'' as
any grant, concessional sale, guaranty, inter alia, to the
government of any foreign country, whether in the form of loan,
lease, credit, or debt relief.
Section 330--House recedes to Senate section 907. This
section prohibits the export of defense articles to countries
decertified by the President no later than May 15 of the
calendar year preceding the fiscal year for which the
prohibition applies, that the countries are not cooperating
with U.S. antiterrorism efforts; provides a presidential waiver
for specific transactions.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
Section 401--House recedes to Senate section 301, with
modifications. This section creates special procedures to
ensure that aliens within the United States whom the government
believes to be engaging in terrorist activity can be removed
from the United States without disclosing national security
secrets. The provision establishes a removal court comprised of
sitting district court judges appointed by the Chief Justice of
the Supreme Court. This court would have the authority to hear
deportation cases involving alien terrorists and would ensure,
through the use of a limited ex parte procedure, that the
United States can expeditiously deport alien terrorists without
disclosing national security secrets to the alien or to their
criminal partners. The alien's due process rights are protected
by requiring that an unclassified summary of the evidence be
provided to the alien, sufficient to enable the alien to
prepare a defense, and that the judge can only order the
deportation based upon the evidence introduced at the hearing,
taken as a whole. The removal of alien terrorists from the
United States, and the prevention of alien terrorists from
entering the U.S. in the first place, present among the most
intractable problems of immigration enforcement. The stakes in
such cases are compelling: protecting the very lives and safety
of U.S. residents, and preserving the national security. Yet,
alien terrorists, while deportable under section 241(a)(4)(D)
of the INA, are able to exploit many of the substantive and
procedural provisions available to all deportable aliens in
order to delay their removal from the U.S. In addition, alien
terrorists, including representatives and members of terrorist
organizations, often are able to enter the U.S. under a
legitimate guise, despite the fact that their entry is inimical
to the national interests of the U.S. In several noteworthy
cases, the Department of Justice has consumed years of time and
hundreds of thousands (if not millions) of dollars seeking to
secure the removal of such aliens from the U.S.
Starting in the first Administration of President Reagan,
the Department of Justice has sought reform of immigration law
and procedures to better enable this country to protect itself
against the threat of alien terrorists. The chief target of
these reforms are the statutory and administrative protections
given to such aliens, many of which are not required by the due
process clause of the Fifth or Fourteenth Amendment or any
other provision of law, that enable alien terrorists to delay
their removal from the U.S.
The need for special procedures to adjudicate deportation
charges against alien terrorists is manifest. Terrorist
organizations have developed sophisticated international
networks that allow their members great freedom of movement and
opportunity to strike, including within the United States. They
are attracting a more qualified cadre of adherents with
increasing technical skills. Several terrorist groups have
established footholds within immigrant communities in the U.S.
The nature of these groups tend to shield the
participants from effective counterterrorism efforts--including
the most basic measure of removing them from our soil. The U.S.
relies heavily upon close and continued cooperation of friendly
nations who provide information on the identity of such
terrorists. Such information will only be forthcoming if its
sources continue to be protected. Thus, it is essential to the
national security of the U.S. that procedures be established to
permit the use of classified information in appropriate cases
to establish the deportability of an alien terrorist.
Such procedures also must be crafted to meet
constitutional requirements. The government's efforts to
safeguard lives and property and to protect the national
security may be contested on the grounds that they conflict
with the procedural rights of aliens. The interests of the
government must therefore be balanced against the legitimate
rights of those privileged to be present within the United
States.\1\
---------------------------------------------------------------------------
\1\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 U.S.
787 (1975); Jean V. Nelson, 472 U.S. 846, aff'g, 727 F.2d 957 (11th
Cir. 1984); Kleindienst v. Mandel, 408 U.S. 753 (1972) (supporting the
proposition that alien's presence in U.S. is privilege extended by
Congress and not fundamental right.) See also Alvarez v. INS, 539 F. 2d
1220 (9th Cir.), cert. denied, 430 U.S. 918 (1976) (applying rational
basis test to equal protection claim for impermissible classification
of aliens).
---------------------------------------------------------------------------
Subtitle B--Exclusion of Members and Representatives of Terrorist -
Organizations
Section 411--House recedes to Senate section 210, with
modification. This section permits, as a new basis for alien
exclusion, the denial of entry into the United States to any
person who is a representative or member of a designated
foreign terrorist organization.
Section 412--House amendment section 632 recedes to
Senate section 209 with modifications. This section grants the
Secretary of State discretion to waive, in the case of non-
immigrant visa applications by excludable aliens, the
requirement to inform each alien of the denial of the
application and the grounds for such denial. This section also
provides that no explanation of the denial need be given to
aliens excluded on the basis of their terrorist or other
criminal activity.
Section 413--Senate recedes to House amendment section
612. This section amends section 208 to provide that an alien
may not be granted asylum if the alien is excludable under the
provisions of section 212(a), or deportable under the
provisions of section 241(a) relating to alien terrorists.
Section 414--Senate recedes to House amendment section
623. This section amends section 241 of the INA by adding a new
subsection (d). Subsection (d) provides that an alien present
in the United States, who has not been admitted after
inspection in accordance with section 235 of the INA, is deemed
to be seeking entry and admission and shall be subject to
examination and exclusion in accordance with Chapter 4 of Title
II of the INA. Such an alien must be provided the opportunity
to establish that he or she has been lawfully admitted to the
U.S. This section by operation of law, returns ``to the
border'' any alien who has entered the United States
unlawfully, regardless of the duration of his or her presence
in the United States.
Subtitle C--Modifications to Asylum Procedures
Section 421--Senate recedes to House amendment section
611. This section bars the granting of asylum to an alien
excludable as a terrorist unless the Attorney General
determines that the individual seeking asylum will not be a
danger to the security of the United States.
Section 422--Senate recedes to House amendment section
621. This section amends section 235(b), regarding the
inspection and exclusion of aliens arriving at a port of entry.
New section 235(b)(1) provides that if an examining immigration
officer determines that an alien is inadmissible under section
212(a)(6)(C) (fraud or misrepresentation) or 212(a)(7) (lack of
valid documents), the officer may order the alien removed
without further hearing or review.
An alien who states a fear of persecution, or wishes to
apply for asylum, will be referred for interview by an asylum
officer. If the officer finds that the alien has a credible
fear of persecution, the alien shall be detained for further
consideration of the application for asylum. If the alien does
not meet this standard, and the officer's decision is upheld by
a supervisory asylum officer, the alien will be ordered
removed. An alien may consult with a person of his or her
choosing before the interview, at no expense to the Government
and without delaying the interview. A ``credible fear of
persecution'' means that it is more likely than not that the
alien is telling the truth and the alien has a reasonable
possibility of establishing eligibility for asylum. The
Attorney General is required to write and promulgate
regulations for these procedures consistent with the intent of
this provision.
There is no administrative review of a removal order
entered into under this paragraph, but an alien claiming under
penalty of perjury to be lawfully admitted for permanent
residence shall be entitled to administrative review of such an
order. An alien ordered removed under this paragraph may not
make a collateral attack against the order in a prosecution
under section 275(a) (illegal entry) or 276 (illegal reentry).
New section 235(b)(2) provides that an alien who is not
clearly and beyond a doubt entitled to enter (other than an
alien subject to removal under paragraph (b)(1), or an alien
crewman or stowaway) shall be detained for a hearing before a
special inquiry officer (immigration judge).
Section 423--Senate recedes to House amendment section
622. Subsection (a) of this section amends section 106 of the
INA to add a new subsection (e). Subsection (e) precludes
judicial review, subject to the provisions of paragraph (e)(2),
of a decision to exclude an alien from entry under the
expedited exclusion provisions of new section 235(b)(1).
Paragraph (e)(2) allows for habeas corpus review limited to the
issues of whether the petitioner is an alien (provided the
alien makes a non-frivolous claim of U.S. nationality), whether
the alien was ordered specially excluded pursuant to section
235(b)(1)(A), and whether the petitioner is a lawful permanent
resident alien entitled to judicial review according to section
235(b)(1)(e)(i).
A reviewing court may not order any relief other than to
require that the alien receive an exclusion hearing pursuant to
section 236, or a determination in accordance with section
235(c) (special procedures for aliens excludable on national
security grounds) or section 273(d) (procedures for stowaways).
Subsection (b) of this section amends section 235 of the
INA by adding a new subsection (d), which precludes collateral
attack in an action for assessment of penalties for improper
entry or re-entry under section 275 or 276 of the validity of
an order of exclusion, special exclusion, or deportation made
under section 235, 236, or 242 of the INA.
Subtitle D--Criminal Alien Procedural Improvements
Section 431--Senate recedes to House amendment section
664. This section shortens the period under which a permanent
resident alien can be considered excludable under certain
circumstances.
Section 432--House amendment section 631 recedes to
Senate section 304. This section permits the Immigration and
Naturalization Service to release certain confidential
information on individual aliens for law enforcement purposes.-
Section 433--Senate recedes to House amendment section
666. This section expands and clarifies the purpose of the
Criminal Alien Tracking Center established by section 130002 of
the Violent Crime Control and Law Enforcement Act of 1994 (P.L.
103-322).-
Section 434--Senate recedes to House amendment section
667. This section adds several alien smuggling related crimes
to the list of offenses that are RICO predicates.-
Section 435--Senate recedes to House amendment section
668. This section adds wiretap authority for the investigation
of various immigration offenses.-
Section 436--Senate recedes to House amendment section
669. This section clarifies that for purposes of deportability,
crimes of moral turpitude are crimes punishable by imprisonment
for a year or more.-
Section 437--Senate recedes to House amendment section
670. This section permits deportation proceedings to be
conducted telephonically.-
Section 438--Senate recedes to House amendment section
675. This section directs the development of a program to
repatriate to the interior of a bordering country any alien who
has entered the US illegally 3 or more times.-
Section 439--Senate recedes to House amendment section
676. This section permits nonviolent alien offenders to be
deported prior to the completion of sentences. It does not
apply to offenses involving alien smuggling. The section
requires the remainder of the sentence to be served if the
alien reenters the United States illegally.-
Section 440--Senate recedes to House amendment section
677. This section allows state and local law enforcement
officials to arrest and detain illegal aliens who have
previously been deported for criminal behavior until they can
be taken into federal custody by the INS.-
Section 441--House amendment section 601 recedes to
Senate section 303(e). This section enhances the ability of the
United States to deport criminal aliens.-
Section 442--Senate recedes to House amendment section
665. This section limits the ability of an deportable alien to
collaterally challenge an deportation order in a pending
criminal case.-
Section 443--Senate recedes to House amendment section
663. This section streamlines the procedures for deportation of
deportable non-permanent resident aliens.-
Section 444--House recedes to Senate section 302. This
section permits the Attorney General to extradite persons who
are not U.S. citizens, nationals, or permanent residents to
countries with which the United States does not have an
extradition treaty.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
Sections 501-502--House amendment title IV recedes to
Senate title VIII. These sections provide federal law
enforcement officials the tools necessary to combat the threat
of nuclear contamination and proliferation that may result from
illegal possession of, and trafficking in, nuclear materials,
including nuclear by-products and non-weapons-grade materials.
Section 503--Senate recedes to House amendment section
306 with modifications. This section requires the Attorney
General, together with the Secretary of Defense, to undertake a
study of the number of thefts of firearms, explosives, and
other terrorist type materials from military arsenals and
report findings to Congress within 6 months from the date of
enactment.
Subtitle B--Biological Weapons Restrictions
Section 511--Senate recedes to House amendment title XI
with modifications. This subtitle addresses the threat of the
misuse or diversion to illegal use of potentially deadly human
pathogenic substances. It adds attempt, threat, and conspiracy
to the prohibition on acquiring, possessing, or using
biological weapons, and expands the definition of biological
weapons to include certain human pathogens. This section also
authorizes the Secretary of Health and Human Services to
regulate the transfer of certain biological agents harmful to
humans. The managers intend that in promulgating regulations
and listing regulated biological agents pursuant to this
provision, the Secretary ensures the continued viability of the
use of such agents for legitimate purposes.
Subtitle C--Chemical Weapons Restrictions
Section 521--House recedes to Senate section 908 with
modification. This subtitle criminalizes the use of chemical
weapons within the United States, or against Americans outside
of the United States. Additionally, this section provides for a
study of the need for a training center to enhance law
enforcement response capabilities to chemical and biological
emergencies. Senate section 908 also provided additional
authority for military assistance to law enforcement in
chemical and biological emergencies. In light of the enactment
of section 378 of the National Defense Authorization Act for
Fiscal Year 1996 (P.L. 104-106), the managers have omitted this
provision.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sections 601-606--House amendment sections 501-505 recede
to Senate sections 701-705 and 707. This title fulfills the
obligations of the United States to implement the Convention on
the Marking of Plastic Explosives for the Purpose of Detection,
entered into at Montreal in 1991 in the wake of the bombing of
Pan Am flight 103. This title requires that detectant agents be
placed in all plastic explosives manufactured in, imported
into, or exported from the United States, and provides criminal
penalties for violations.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
Section 701--House amendment section 202 recedes to
Senate section 101. This section amends the explosives chapter
of Title 18 to provide that a conspiracy to commit a crime
under that chapter is punishable by the same maximum penalty as
that applicable to the substantive offense that formed the
object of the conspiracy.
Section 702--Senate section 102 recedes to House
amendment section 104 with modifications. This section creates
a new federal criminal prohibition on acts of terrorism
transcending national boundaries. It will be a violation of
this provision to kill, kidnap, maim, or seriously injure any
person in the United States, or to create substantial risk of
injury to any person by damaging or destroying property in the
United States. There will be federal jurisdiction over the
offense if the offender uses facilities of interstate commerce,
the offense interferes with interstate commerce, the victim is
the United States or any employee of the United States, or the
offense takes place in U.S. territorial jurisdiction, and at
least part of the conduct occurred outside of the United
States.
Section 703--House section 104 recedes to Senate section
102(f). This section expands the categories of property in
federal jurisdiction the destruction or damage of which is
criminally punishable by the United States.
Section 704--Senate section 103 recedes to House section
105. This section amends Section 956 of title 18, United States
Code,
which currently only prohibits conspiracies within the United
States to injure property overseas.
This amendment will criminalize conspiracies to harm
people and property outside the United States, so long as at
least one was present, and one act in furtherance of the
conspiracy occurred, within the jurisdiction of the United
States.
The penalties for offenses under section 956 will range
from life imprisonment for conspiracies to murder or kidnap; 35
years for conspiracy to maim; and 25 years for conspiring to
damage property.
Section 705--House recedes to Senate section 104. This
section increases penalties for a series of federal crimes,
including amending the law against maiming and disfiguring to
include torture and punishing an attempt to violate this
section by up to $10,000 in fines and/or 10 years imprisonment,
and adding protection to armed services personnel.
Section 706--Senate section 105 recedes to House
amendment section 205. This section above and creates a
criminal prohibition on the transfer of explosive materials,
``knowing or having reasonable cause to believe'' they will be
used to commit a crime of violence or drug trafficking offense.
Crimes committed under this section will be subject to the same
penalties as are provided for a first conviction of section
844(h) of title 18, United States Code, which is a mandatory
minimum 5 year term of imprisonment.
Section 707--Senate section 106 recedes to House
amendment section 111. This section amends current section
842(h) of title 18, United States Code, to include the
possession of and pledging, or acceptance as security for a
loan, any stolen explosive materials that have moved in, or
constitute any part of interstate or foreign commerce.
Currently, the law only prohibits the transport, shipment,
concealment, storage, bartering, sale, and disposal of such
stolen explosive material.
Section 708--House amendment section 201 recedes to
Senate section 107 with modifications. This section increases
penalty for arson or explosives crimes against property, with
mandatory minimums for these offenses. This section also
extends the statute of limitations for arson offenses from
seven to ten years.
Section 709--Senate section 901 recedes to House
amendment section 804. This section requires the Attorney
General to undertake a 180 day study of publicly available
literature and material instructing how to make bombs,
destructive devices, or weapons of mass destruction. The study
is to include a review of print, electronic, and film media, in
this regard. This provision requires the Attorney General to
determine the extent to which the availability of this material
has been used in terrorism incidents, and the likelihood of its
use for such activity in the future.
This section also mandates that the Attorney General
review existing federal laws having application to this
material and the need or utility of any additional statutory
coverage. Furthermore, the Attorney General must render a legal
analysis of the protection provided this material by the First
Amendment.
The Attorney General is required to submit a report of
findings to Congress and make that report available to the
public.
Subtitle B--Criminal Procedures
Section 721--Senate section 621 recedes to House
amendment section 106. This section clarifies United States
jurisdiction for specific terrorism crimes occurring overseas.
The Aircraft Piracy statute is amended to provide
extraterritorial federal jurisdiction for aircraft piracy if a
U.S. national was on the plane; if the perpetrator is a U.S.
national; or, if the offender is found in the U.S. after
committing the crime. The United States has a legitimate
interest in punishing anyone who injures a U.S. national, and
also retains an interest in punishing its own citizens for
crimes committed against foreign nations, or foreign nationals.
This section also clarifies U.S. extraterritorial
jurisdiction over the offenses of aircraft destruction, murder
of, and assaults or threats against of foreign officials or
internationally protected persons, biological weapons offenses,
and violence at international airports if the offense occurred
outside the U.S., so long as the victim is an ``internationally
protected person,'' (as defined by Section 1116(b)(4) of title
18); if the victim is a representative, officer, employee, or
agent of the United States; if the offender is a U.S. national;
or, if the offender is later found in the U.S.
Section 722--Senate recedes to House amendment section
110. This section provides clarifying language to section
2280(b)(1)(A) of title 18, United States Code, which
establishes federal jurisdiction over violent activities
occurring on the high seas.
Section 723--Senate section 627 recedes to House
amendment section 203. This section will make it a crime to
conspire to commit any offense under the specifically listed
sections of title 18, United States Code found in this
provision. Adding the conspiracy language to these criminal
statutes will enable the government to prosecute and punish
those offenses appropriately. Without a conspiracy element in
the statutory language, the government must rely on title 18,
United States Code, section 371, to prosecute conspiracies
generally. Section 371 only carries a five year statutory
maximum penalty, even if the underlying offense requires a much
higher penalty. This section corrects this anomaly. This
section provides clarifying language to Section 2280(b)(1)(A)
of title 18, United States Code, which establishes federal
jurisdiction over violent activities occurring on the high
seas.
Section 724--Senate section 628 recedes to House
amendment section 109 with modification. This section amends
section 844(e) of title 18, United States Code. Currently,
Section 844(e) prohibits threats of violence against persons or
property, whether true or false, if the threat is made through
the mail or any other instrument of commerce. This new section
replaces ``commerce'' with the words ``interstate or foreign
commerce.'' It also expands the statute's reach to any threat
that is ``in or affects interstate or foreign commerce.''
Section 725--Senate section 623 recedes to House
amendment section 107 with modifications. This section
criminalizes a threat to use a weapon of mass destruction,
extends the prohibition to the use of such weapons by U.S.
nationals overseas, and clarifies that any chemical weapon is
included in the definition of weapon of mass destruction or
destructive device.
Section 726--House amendment section 108 recedes to
Senate section 625. This section adds certain terrorism
offenses to the money laundering statute.
Section 727--Senate section 626 recedes to House
amendment section 101 with modifications. Subsection (a) of
this section amends Section 1114 of title 18, United States
Code, to allow federal prosecution for the murder or attempted
murder of all officers and employees of the United States
government while that person was engaged in or because of that
person's official duties. It also covers the murder or
attempted murder of any other person assisting the United
States officer, or employee, in the performance of his or her
duties, or on account of the assistance provided. The penalties
for this offense are the same as those provided under sections
1111, 1112, and 1113 of title 18, United States Code.
Subsection (b) amends section 115(a)(2) of title 18,
United States Code, by including within that statute's reach
threats ``to assault, kidnap, or murder, any person who
formerly served'' as a federal law enforcement officer or agent
in retaliation for the exercise of his official duties. The
statute currently provides this protection to currently
employed federal law enforcement officers, and the family
members of former law enforcement personnel. Curiously, former
federal law enforcement officers are left out of the statute's
coverage. This subsection of the bill corrects that omission.
This section also clarifies the use of a deadly or
dangerous weapon in an assault on a federal employee or officer
includes the use of a weapon that fails to cause death or
danger due to a defective component.
Section 728--Senate recedes to House amendment title XIV.
This section adds multiple killings or attempted killings to
the list of aggravating factors for the imposition of the death
penalty in federal criminal cases.
Section 729--Senate recedes to House amendment section
310. This section clarifies that the time period in which a
detention hearing must be held does not include weekends and
legal holidays.
Section 730--Senate recedes to House amendment sections
206 and 207. This section gives the U.S. Sentencing Commission
amendment authority to expand the scope of its Chapter 3
enhancement for ``international terrorism offenses'' under the
U.S. Sentencing Guidelines, to apply only to federal crimes of
terrorism as defined in section 2332b(g). In amendments to the
Sentencing Guidelines that become effective November 1, 1996, a
new provision substantially increases jail time for offenses
committed in connection with a crime of international
terrorism. This section of the bill will make that new
provision applicable only to those specifically listed federal
crimes of terrorism, upon conviction of those crimes with the
necessary motivational element to be established at the
sentencing phase of the prosecution, without having to wait
until November 1996 for the change to become law.
Section 731--Senate recedes to House amendment section
302. Subsection (a)(3) of this section excludes from the
definition of ``electronic communication'' under the wiretap
statute ``information stored in a communications system used
for the electronic storage and transfer of funds.'' This will
allow law enforcement to obtain such bank records through the
usual grand jury subpoena, or other court order procedure,
without requiring a wiretap order for these purposes.
Subsection (b) eliminates ``electronic communication''
from the definition of ``radio communications that are readily
accessible to the general public.'' This inclusion of
``electronic communication'' negated the need to exempt from
the wiretap coverage radio transmissions, i.e., scanners, CBs,
and Ham radio signals. It is not intended to preclude the need
for a title III wiretap order for telephone conversations
occurring over cordless telephones, which operate through radio
signals not readily available to the general public.
``Electronic communications'' are already specifically and
separately covered by the wiretap statutes.
Section 732--House amendment sections 301 and 801 recede
to Senate sections 708 and 905, with modifications. This
section directs the Treasury Secretary to provide to the
Congress a study of the feasibility of tagging explosives and
precursor chemicals, for the purpose of tracing the explosives
back to the manufacturer after an explosion. The study would
also evaluate the feasibility of imposing controls on the sale
and distribution of certain of those chemicals. Black or
smokeless powder is excluded from the study. The section
requires input from non-profit fertilizer research centers in
the Treasury Secretary's conduct of the study. The section also
requires the Treasury Secretary to conduct a study of the
licensing requirements applicable in the various states for the
purchase and use of commercial high explosives. The phrase
``commercial high explosives'' is defined, by way of
illustration, to include ``detonators, detonating cards,
dynamite, water gel, emulsion, blasting agents, and boosters.''
This section also requires the Treasury Secretary to report the
results of the study to Congress, together, if deemed
necessary, with recommendations for regulation. The Secretary
is authorized to promulgate regulations requiring the inclusion
of tracing taggants in explosive materials if the taggants will
not endanger human life or safety, will substantially assist
law enforcement, and are cost-effective. The regulations
promulgated pursuant to this authority shall go into effect if
Congress does not act within 270 days of the publication of the
regulations in the Federal Register.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
Section 801--Senate recedes to House amendment section
807, with modification. This provision provides clear statutory
authority for the Departments of Justice and Treasury, in
consultation with the Department of State, to use appropriated
funds for the purposes of law enforcement training activities
overseas.
Section 802--Senate recedes to House amendment section
704. This section expresses the sense of the Congress that any
purchases made with funds authorized under this Act should be
American-made.
Section 803--Senate section 513 recedes to House
amendment section 303, with modification. This section
authorizes the Attorney General and the Treasury Secretary to
ban parking or vending adjacent to any building in the District
of Columbia used by law enforcement authorities subject to
their jurisdiction. The managers intend and expect that in
carrying out this section, the Attorney General and the
Secretary will consult and coordinate with the Government of
the District of Columbia.
Section 804--House amendment section 303 recedes to
Senate section 513. This section requires the providers of wire
or electronic communications services to take necessary steps
to preserve evidence relevant in certain investigations.
Section 805--House recedes to Senate section 528. This
section requires the United States Sentencing Commission to
report on the deterrent effect of current penalties for
violations of laws prohibiting unauthorized access to, or
damage to, a federal interest computer. Also requires the
Commission to ensure that persons sentenced under these laws
are incarcerated for at least six months.
Section 806--Senate recedes to House amendment title XII,
with modification. This section establishes a commission,
appointed jointly by the leadership of the Congress and the
Chief Justice of the United States Supreme Court, to evaluate
the coordination, effectiveness, and oversight of federal law
enforcement. The Commission is required to report to Congress.
Section 807--Senate recedes to House amendment title X.
This section requires an audit of counterfeit U.S. currency in
international markets, and provides for consideration by the
Secretary of State of requests by the Department of the
Treasury for the posting of agents of the United States Secret
Service at U.S. embassies.
Section 808--Senate recedes to House amendment section
805. This section establishes findings by Congress that acts of
violence against all levels of government employees are on the
increase, that such acts create a danger to our constitutional
form of government, and that additional information is needed
to fully understand the true nature and source of the dangers
faced by public servants.
This section then directs the Attorney General to acquire
and compile data for each calendar year, beginning in 1990,
reflecting crimes and incidents of threats of violence against
federal, state, and local government employees on account of
the performance of their public duties. The Attorney General is
required to publish an annual summary of the collected data.
Section 809--Senate recedes to House amendment section
112. This section requires the National Institute of Justice
(``NIJ'') to conduct a study that may result in a standard
protocol for identifying handgun bullets that are capable of
penetrating body armor commonly worn by police when shot from a
handgun. The NIJ must establish standard criteria for the type
of body armor against which the bullets were tested. The NIJ
must report its findings to Congress with recommendations
regarding its findings.
The current practice is to outlaw bullets by brand-name
without regard to their specific component qualities. To
continue this practice could result in hunting-type bullets
being outlawed indiscriminately, without regard to the nature
and purpose of the ammunition, and without regard to the
proximity of the target, or the type of weapon used to shoot
the bullet.
It is important to establish standard criteria for
determining which bullets, when shot from a handgun, have the
ability to penetrate body armor.
Section 810--House recedes to Senate section 511, with
modifications. This section requires a study of current laws
and guidelines governing the use of electronic surveillance
devices and PEN registers, and the effect of evolving
technology on criminal activity.
Subtitle B--Funding Authorizations for Law Enforcement
This subtitle provides $1.0 billion in authorization for
appropriations to enhance law enforcement ability to deter,
investigate, and prosecute terrorism.
Of this $1.0 billion authorization, $468 million is
authorized for the Federal Bureau of Investigation, $172
million is authorized for the Drug Enforcement Administration,
and $100 million is authorized for State and Local law
enforcement. The remaining $260 million is divided among other
enforcement and emergency response organizations.
The conference report authorization levels represent a
$940 million increase from the House amendment's authorization.
This increases authorized appropriations for Federal law
enforcement, the Federal Judiciary and State and local law
enforcement.
However, the conference authorization levels also
represent a $1.116 billion decrease from the Senate bill
authorizations. The reductions come from removing Fiscal Year
1996 authorizations and reducing the remaining authorizations
by half. These reductions were applied equally among all
affected Senate authorizations, with minor exceptions.
The managers are committed to achieving a balanced
budget, and intend that all authorizations be considered as
part of the levels within the Balanced Budget Act of 1995, if
enacted, or any subsequent balanced budget act.
Section 811--House recedes to Senate section 521 with
modifications. Total authorization is $468 million. Funds may
be used for, among other purposes, to create a Federal Bureau
of Investigation counterterrorism and counterintelligence fund;
expand and improve the instructional, operational support, and
construction of the Federal Bureau of Investigation academy;
and construct an FBI laboratory, provide laboratory examination
support.
Section 812--House recedes to Senate sections 522 and
section 912 with modifications. Total authorization is $31
million. Funds may be used to help the Customs Service meet the
increased demands occasioned by the enactment of this Act.
Section 813--Senate recedes to House Section 601 with
modifications. Total authorization is $20 million. Funds may be
used to help Immigration and Naturalization Service meet the
increased demands occasioned by the enactment of this Act,
including the purpose of detaining and removing alien
terrorists.
Section 814--House recedes to Senate section 524 with
modifications. Total authorization is $172 million. Funds may
be used by the Drug Enforcement Administration to fund
antiviolence crime initiatives; fund major violators of Federal
antidrug statute initiatives; and enhance or replace the
infrastructure of the Drug Enforcement Administration.
Section 815--House recedes to Senate sections 503 and
525, with modifications. Total authorization is $41 million.
Funds may be used by the Department of Justice to hire
additional Assistant United States Attorneys, and provide for
increased security at facilities housing Federal workers.
This section also increases the maximum reward authority
available to the Attorney General for information relating to
international terrorists.
Section 816--House recedes to Senate section 526 with
modifications. Total authorization is $90 million. Funds may be
used by the Department of the Treasury to augment
counterterrorism efforts, augment White House security, and
expand Presidential protection activities.
Section 817--House recedes to Senate section 910 with
modifications. Total authorization is $2 million. Funds may be
used to help the U.S. Park Police meet the increased demands
occasioned by the enactment of this Act.
Section 818--House recedes to Senate Section 911 with
modifications. Total authorization is $41 million. Funds to be
used for the activities of the Federal Judiciary, including
increased workload of the Federal courts occasioned by the
enactment of this Act.
Section 819--Senate recedes to House Section 701 with
modifications. Total authorization is $5 million. Funds to be
used to provide grants for specialized training or equipment to
enhance the capability of local fire and emergency service
departments to respond to terrorist attacks and acts of mass
violence.
Section 820--Senate recedes to House Section 702 with
modifications. Total authorization is $20 million. Funds may be
used 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.
Section 821--Senate recedes to House Section 703 with
modifications. Total authorization is $10 million. Funds may be
used to develop technologies to combat terrorism.
Section 822--Byrne grant program is modified include a
program to develop and implement antiterrorism training
programs and to procure equipment for use by local law
enforcement authorities. Total authorization is $100 million.
Section 823--House recedes to Senate Section 527 with
modification. This section provides that funding for this
subtitle is authorized to be made from the Violent Crime
Reduction Trust Fund, established by Title XXXI of the Violent
Crime Control and Law Enforcement Act of 1994 (P.L. 103-322).
TITLE IX--MISCELLANEOUS
Section 901--House recedes to Senate Section 622. This
section codifies the extension of United States territorial
sea, as defined by a 1988 Presidential Proclamation. This area
would then be included within the special maritime and
territorial jurisdiction of the U.S. for purposes of the
criminal law. This section also adopts non-conflicting state
law in the territorial sea.
Section 902--House recedes to Senate section 904. This
section provides that voter registration cards (or similar
documents) will not qualify as proof of U.S. citizenship.
Section 903--Senate recedes to House amendment title
XIII. This section provides limitations on fees for
representation of defendants in criminal cases.
Section 904--House recedes to Senate section 913. This
section provides severability for the provisions of the Act.
Henry Hyde,
Bill McCollum,
Steven Schiff,
Steve Buyer,
Bob Barr,
Charles Schumer,
Managers on the Part of the House.
Orrin G. Hatch,
Strom Thurmond,
Alan K. Simpson,
Managers on the Part of the Senate.
