I

104TH CONGRESS

1ST SESSION H. R. 2768

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

DECEMBER 13, 1995

Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, and Mr. BARR

of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To combat terrorism.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Effective Death Pen5 alty and Antiterrorism Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—CRIMINAL ACTS

Sec. 101. Protection of Federal employees.

Sec. 102. Prohibiting material support to terrorist organizations.

Sec. 103. Modification of material support provision.

Sec. 104. Acts of terrorism transcending national boundaries.
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Sec. 105. Conspiracy to harm people and property overseas.

Sec. 106. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

Sec. 107. Expansion and modification of weapons of mass destruction statute.

Sec. 108. Addition of offenses to the money laundering statute.

Sec. 109. Expansion of Federal jurisdiction over bomb threats.

Sec. 110. Clarification of maritime violence jurisdiction.

Sec. 111. Possession of stolen explosives prohibited.

Sec. 112. Study to determine standards for determining what ammunition is

capable of penetrating police body armor.

TITLE II—INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses.

Sec. 202. Increased penalty for explosive conspiracies.

Sec. 203. Increased and alternate conspiracy penalties for terrorism offenses.

Sec. 204. Mandatory penalty for transferring a firearm knowing that it will be

used to commit a crime of violence.

Sec. 205. Mandatory penalty for transferring an explosive material knowing

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

Sec. 206. Directions to Sentencing Commission.

TITLE III—INVESTIGATIVE TOOLS

Sec. 301. Pen registers and trap and trace devices in foreign counterintelligence

investigations.

Sec. 302. Disclosure of certain consumer reports to the Federal Bureau of Investigation.

Sec. 303. Disclosure of business records held by third parties in foreign counterintelligence cases.

Sec. 304. Study of tagging explosive materials, detection of explosives and explosive materials, rendering explosive components inert, and

imposing controls of precursors of explosives.

Sec. 305. Application of statutory exclusionary rule concerning intercepted wire

or oral communications.

Sec. 306. Exclusion of certain types of information from wiretap-related definitions.

Sec. 307. Requirement for periodic report.

Sec. 308. Access to telephone billing records.

Sec. 309. Requirement to preserve record evidence.

Sec. 310. Detention hearing.

Sec. 311. Reward authority of the Attorney General.

Sec. 312. Protection of Federal Government buildings in the District of Columbia.

Sec. 313. Study of thefts from armories; report to the Congress.

TITLE IV—NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V—CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES

Sec. 501. Definitions.

Sec. 502. Requirement of detection agents for plastic explosives.

Sec. 503. Criminal sanctions.

Sec. 504. Exceptions.
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Sec. 505. Effective date.

TITLE VI—IMMIGRATION-RELATED PROVISIONS

Subtitle A—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Removal procedures for alien terrorists.

Sec. 602. Funding for detention and removal of alien terrorists.

PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

Sec. 611. Membership in terrorist organization as ground for exclusion.

Sec. 612. Denial of asylum to alien terrorists.

Sec. 613. Denial of other relief for alien terrorists.

Subtitle B—Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers.

Sec. 622. Judicial review.

Sec. 623. Exclusion of aliens who have not been inspected and admitted.

Subtitle C—Improved Information and Processing

PART 1—IMMIGRATION PROCEDURES

Sec. 631. Access to certain confidential INS files through court order.

Sec. 632. Waiver authority concerning notice of denial of application for visas.

PART 2—ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

Sec. 641. Criminal forfeiture for passport and visa related offenses.

Sec. 642. Subpoenas for bank records.

Sec. 643. Effective date.

Subtitle D—Employee Verification by Security Services Companies

Sec. 651. Permitting security services companies to request additional documentation.

Subtitle E—Criminal Alien Deportation Improvements

Sec. 661. Short title.

Sec. 662. Additional expansion of definition of aggravated felony.

Sec. 663. Deportation procedures for certain criminal aliens who are not permanent residents.

Sec. 664. Restricting the defense to exclusion based on 7 years permanent residence for certain criminal aliens.

Sec. 665. Limitation on collateral attacks on underlying deportation order.

Sec. 666. Criminal alien identification system.

Sec. 667. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.

Sec. 668. Authority for alien smuggling investigations.

Sec. 669. Expansion of criteria for deportation for crimes of moral turpitude.

Sec. 670. Payments to political subdivisions for costs of incarcerating illegal

aliens.

Sec. 671. Miscellaneous provisions.

Sec. 672. Construction of expedited deportation requirements.
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Sec. 673. Study of prisoner transfer treaty with Mexico.

Sec. 674. Justice Department assistance in bringing to justice aliens who flee

prosecution for crimes in the United States.

Sec. 675. Prisoner transfer treaties.

Sec. 676. Interior repatriation program.

Sec. 677. Deportation of nonviolent offenders prior to completion of sentence

of imprisonment.

TITLE VII—AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.

Sec. 702. Assistance to foreign countries to procure explosive detection devices

and other counter-terrorism technology.

Sec. 703. Research and development to support counter-terrorism technologies.

TITLE VIII—MISCELLANEOUS

Sec. 801. Study of State licensing requirements for the purchase and use of

high explosives.

Sec. 802. Compensation of victims of terrorism.

Sec. 803. Jurisdiction for lawsuits against terrorist States.

Sec. 804. Study of publicly available instructional material on the making of

bombs, destructive devices, and weapons of mass destruction.

Sec. 805. Compilation of statistics relating to intimidation of government employees.

Sec. 806. Victim Restitution Act of 1995.

Sec. 807. Authority for overseas law enforcement training activities.

TITLE IX—HABEAS CORPUS REFORM

Sec. 901. Filing deadlines.

Sec. 902. Appeal.

Sec. 903. Amendment of Federal rules of appellate procedure.

Sec. 904. Section 2254 amendments.

Sec. 905. Section 2255 amendments.

Sec. 906. Limits on second or successive applications.

Sec. 907. Death penalty litigation procedures.

Sec. 908. Technical amendment.

Sec. 909. Severability.

1 TITLE I—CRIMINAL ACTS

2 SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

3 (a) HOMICIDE.—Section 1114 of title 18, United

4 States Code, is amended to read as follows:

5 ‘‘§ 1114. Protection of officers and employees of the

6 United States

7 ‘‘Whoever kills or attempts to kill any officer or em8 ployee of the United States or of any agency in any branch
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1 of the United States Government (including any member

2 of the uniformed services) while such officer or employee

3 is engaged in or on account of the performance of official

4 duties, or any person assisting such an officer or employee

5 in the performance of such duties or on account of that

6 assistance, shall be punished, in the case of murder, as

7 provided under section 1111, or in the case of man8 slaughter, as provided under section 1112, or, in the case

9 of attempted murder or manslaughter, as provided in sec10 tion 1113.’’.

11 (b) THREATS AGAINST FORMER OFFICERS AND EM12 PLOYEES.—Section 115(a)(2) of title 18, United States

13 Code, is amended by inserting ‘‘, or threatens to assault,

14 kidnap, or murder, any person who formerly served as a

15 person designated in paragraph (1), or’’ after ‘‘assaults,

16 kidnaps, or murders, or attempts to kidnap or murder’’.

17 SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERROR18 IST ORGANIZATIONS.

19 (a) IN GENERAL.—That chapter 113B of title 18,

20 United States Code, that relates to terrorism is amended

21 by adding at the end the following:

22 ‘‘§ 2339B. Providing material support to terrorist or23 ganizations

24 ‘‘(a) OFFENSE.—Whoever, within the United States,

25 knowingly provides material support or resources in or af-
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1 fecting interstate or foreign commerce, to any organization

2 which the person knows or should have known is a terror3 ist organization that has been designated under section

4 212(a)(3)(B)(iv) of the Immigration and Nationality Act

5 as a terrorist organization shall be fined under this title

6 or imprisoned not more than 10 years, or both.

7 ‘‘(b) DEFINITION.—As used in this section, the term

8 ‘material support or resources’ has the meaning given that

9 term in section 2339A of this title.’’.

10 (b) CLERICAL AMENDMENT.—The table of sections

11 at the beginning of chapter 113B of title 18, United

12 States Code, is amended by adding at the end the follow13 ing new item:

‘‘2339B. Providing material support to terrorist organizations.’’.

14 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI15 SION.

16 Section 2339A of title 18, United States Code, is

17 amended read as follows:

18 ‘‘§ 2339A. Providing material support to terrorists

19 ‘‘(a) OFFENSE.—Whoever, within the United States,

20 provides material support or resources or conceals or dis21 guises the nature, location, source, or ownership of mate22 rial support or resources, knowing or intending that they

23 are to be used in preparation for or in carrying out, a

24 violation of section 32, 37, 351, 844(f) or (i), 956, 1114,

25 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a,
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1 or 2332b of this title or section 46502 of title 49, or in

2 preparation for or in carrying out the concealment or an

3 escape from the commission of any such violation, shall

4 be fined under this title, imprisoned not more than ten

5 years, or both.

6 ‘‘(b) DEFINITION.—In this section, the term ‘mate7 rial support or resources’ means currency or other finan8 cial securities, financial services, lodging, training,

9 safehouses, false documentation or identification, commu10 nications equipment, facilities, weapons, lethal substances,

11 explosives, personnel, transportation, and other physical

12 assets, except medicine or religious materials.’’.

13 SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL

14 BOUNDARIES.

15 (a) OFFENSE.—Title 18, United States Code, is

16 amended by inserting after section 2332a the following:

17 ‘‘§ 2332b. Acts of terrorism transcending national

18 boundaries

19 ‘‘(a) PROHIBITED ACTS.—

20 ‘‘(1) Whoever, involving any conduct transcend21 ing national boundaries and in a circumstance de22 scribed in subsection (b)—

23 ‘‘(A) kills, kidnaps, maims, commits an as24 sault resulting in serious bodily injury, or as-
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1 saults with a dangerous weapon any individual

2 within the United States; or

3 ‘‘(B) creates a substantial risk of serious

4 bodily injury to any other person by destroying

5 or damaging any structure, conveyance, or

6 other real or personal property within the

7 United States or by attempting or conspiring to

8 destroy or damage any structure, conveyance,

9 or other real or personal property within the

10 United States;

11 in violation of the laws of any State or the United

12 States shall be punished as prescribed in subsection

13 (c).

14 ‘‘(2) Whoever threatens to commit an offense

15 under paragraph (1), or attempts or conspires to do

16 so, shall be punished as prescribed in subsection (c).

17 ‘‘(b) JURISDICTIONAL BASES.—The circumstances

18 referred to in subsection (a) are—

19 ‘‘(1) any of the offenders travels in, or uses the

20 mail or any facility of, interstate or foreign com21 merce in furtherance of the offense or to escape ap22 prehension after the commission of the offense;

23 ‘‘(2) the offense obstructs, delays, or affects

24 interstate or foreign commerce, or would have so ob-
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1 structed, delayed, or affected interstate or foreign

2 commerce if the offense had been consummated;

3 ‘‘(3) the victim, or intended victim, is the

4 United States Government, a member of the uni5 formed services, or any official, officer, employee, or

6 agent of the legislative, executive, or judicial

7 branches, or of any department or agency, of the

8 United States;

9 ‘‘(4) the structure, conveyance, or other real or

10 personal property is, in whole or in part, owned, pos11 sessed, used by, or leased to the United States, or

12 any department or agency thereof;

13 ‘‘(5) the offense is committed in the territorial

14 sea (including the airspace above and the seabed and

15 subsoil below, and artificial islands and fixed struc16 tures erected thereon) of the United States; or

17 ‘‘(6) the offense is committed in those places

18 within the United States that are in the special mar19 itime and territorial jurisdiction of the United

20 States.

21 Jurisdiction shall exist over all principals and co-conspira22 tors of an offense under this section, and accessories after

23 the fact to any offense under this section, if at least one

24 of such circumstances is applicable to at least one of25 fender.
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1 ‘‘(c) PENALTIES.—

2 ‘‘(1) Whoever violates this section shall be pun3 ished—

4 ‘‘(A) for a killing or if death results to any

5 person from any other conduct prohibited by

6 this section by death, or by imprisonment for

7 any term of years or for life;

8 ‘‘(B) for kidnapping, by imprisonment for

9 any term of years or for life;

10 ‘‘(C) for maiming, by imprisonment for not

11 more than 35 years;

12 ‘‘(D) for assault with a dangerous weapon

13 or assault resulting in serious bodily injury, by

14 imprisonment for not more than 30 years;

15 ‘‘(E) for destroying or damaging any

16 structure, conveyance, or other real or personal

17 property, by imprisonment for not more than

18 25 years;

19 ‘‘(F) for attempting or conspiring to com20 mit an offense, for any term of years up to the

21 maximum punishment that would have applied

22 had the offense been completed; and

23 ‘‘(G) for threatening to commit an offense

24 under this section, by imprisonment for not

25 more than 10 years.
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1 ‘‘(2) Notwithstanding any other provision of

2 law, the court shall not place on probation any per3 son convicted of a violation of this section; nor shall

4 the term of imprisonment imposed under this section

5 run concurrently with any other term of imprison6 ment.

7 ‘‘(d) LIMITATION ON PROSECUTION.—No indictment

8 shall be sought nor any information filed for any offense

9 described in this section until the Attorney General, or the

10 highest ranking subordinate of the Attorney General with

11 responsibility for criminal prosecutions, makes a written

12 certification that, in the judgment of the certifying official,

13 such offense, or any activity preparatory to or meant to

14 conceal its commission, is a Federal crime of terrorism.

15 ‘‘(e) PROOF REQUIREMENTS.—

16 ‘‘(1) The prosecution is not required to prove

17 knowledge by any defendant of a jurisdictional base

18 alleged in the indictment.

19 ‘‘(2) In a prosecution under this section that is

20 based upon the adoption of State law, only the ele21 ments of the offense under State law, and not any

22 provisions pertaining to criminal procedure or evi23 dence, are adopted.

24 ‘‘(f) EXTRATERRITORIAL JURISDICTION.—There is

25 extraterritorial Federal jurisdiction—
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1 ‘‘(1) over any offense under subsection (a), in2 cluding any threat, attempt, or conspiracy to commit

3 such offense; and

4 ‘‘(2) over conduct which, under section 3 of this

5 title, renders any person an accessory after the fact

6 to an offense under subsection (a).

7 ‘‘(g) DEFINITIONS.—As used in this section—

8 ‘‘(1) the term ‘conduct transcending national

9 boundaries’ means conduct occurring outside the

10 United States in addition to the conduct occurring

11 in the United States;

12 ‘‘(2) the term ‘facility of interstate or foreign

13 commerce’ has the meaning given that term in sec14 tion 1958(b)(2) of this title;

15 ‘‘(3) the term ‘serious bodily injury’ has the

16 meaning prescribed in section 1365(g)(3) of this

17 title;

18 ‘‘(4) the term ‘territorial sea of the United

19 States’ means all waters extending seaward to 12

20 nautical miles from the baselines of the United

21 States determined in accordance with international

22 law; and

23 ‘‘(5) the term ‘Federal crime of terrorism’

24 means an offense that—
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1 ‘‘(A) is calculated to influence or affect the

2 conduct of government by intimidation or coer3 cion, or to retaliate against government con4 duct; and

5 ‘‘(B) is a violation of—

6 ‘‘(i) section 32 (relating to destruction

7 of aircraft or aircraft facilities), 37 (relat8 ing to violence at international airports),

9 81 (relating to arson within special mari10 time and territorial jurisdiction), 175 (re11 lating to biological weapons), 351 (relating

12 to congressional, cabinet, and Supreme

13 Court assassination, kidnapping, and as14 sault), 831 (relating to nuclear weapons),

15 842 (m) or (n) (relating to plastic explo16 sives), 844(e) (relating to certain bomb17 ings), 844 (f) or (i) (relating to arson and

18 bombing of certain property), 956 (relating

19 to conspiracy to commit violent acts in for20 eign countries), 1114 (relating to protec21 tion of officers and employees of the Unit22 ed States), 1116 (relating to murder or

23 manslaughter of foreign officials, official

24 guests, or internationally protected per25 sons), 1203 (relating to hostage taking),
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1 1361 (relating to injury of Government

2 property), 1362 (relating to destruction of

3 communication lines), 1363 (relating to in4 jury to buildings or property within special

5 maritime and territorial jurisdiction of the

6 United States), 1366 (relating to destruc7 tion of energy facility), 1751 (relating to

8 Presidential and Presidential staff assas9 sination, kidnapping, and assault), 2152

10 (relating to injury of harbor defenses),

11 2155 (relating to destruction of national

12 defense materials, premises, or utilities),

13 2156 (relating to production of defective

14 national defense materials, premises, or

15 utilities), 2280 (relating to violence against

16 maritime navigation), 2281 (relating to vi17 olence against maritime fixed platforms),

18 2332 (relating to certain homicides and vi19 olence outside the United States), 2332a

20 (relating to use of weapons of mass de21 struction), 2332b (relating to acts of ter22 rorism transcending national boundaries),

23 2339A (relating to providing material sup24 port to terrorists), 2339B (relating to pro25 viding material support to terrorist organi-
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1 zations), or 2340A (relating to torture) of

2 this title;

3 ‘‘(ii) section 236 (relating to sabotage

4 of nuclear facilities or fuel) of the Atomic

5 Energy Act of 1954; or

6 ‘‘(iii) section 46502 (relating to air7 craft piracy), or 60123(b) (relating to de8 struction of interstate gas or hazardous

9 liquid pipeline facility) of title 49.

10 ‘‘(h) INVESTIGATIVE AUTHORITY.—In addition to

11 any other investigatory authority with respect to violations

12 of this title, the Attorney General shall have primary in13 vestigative responsibility for all Federal crimes of terror14 ism, and the Secretary of the Treasury shall assist the

15 Attorney General at the request of the Attorney General.’’.

16 (b) CLERICAL AMENDMENT.—The table of sections

17 at the beginning of the chapter 113B of title 18, United

18 States Code, that relates to terrorism is amended by in19 serting after the item relating to section 2332a the follow20 ing new item:

‘‘2332b. Acts of terrorism transcending national boundaries.’’.

21 (c) STATUTE OF LIMITATIONS AMENDMENT.—Sec22 tion 3286 of title 18, United States Code, is amended by—

23 (1) striking ‘‘any offense’’ and inserting ‘‘any

24 non-capital offense’’;

25 (2) striking ‘‘36’’ and inserting ‘‘37’’;
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1 (3) striking ‘‘2331’’ and inserting ‘‘2332’’;

2 (4) striking ‘‘2339’’ and inserting ‘‘2332a’’; and

3 (5) inserting ‘‘2332b (acts of terrorism tran4 scending national boundaries),’’ after ‘‘(use of weap5 ons of mass destruction),’’.

6 (d) PRESUMPTIVE DETENTION.—Section 3142(e) of

7 title 18, United States Code, is amended by inserting ‘‘,

8 956(a), or 2332b’’ after ‘‘section 924(c)’’.

9 (e) CONFORMING AMENDMENT.—Section 846 of title

10 18, United States Code, is amended by striking ‘‘In addi11 tion to any other’’ and all that follows through the end

12 of the section.

13 SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY

14 OVERSEAS.

15 (a) IN GENERAL.—Section 956 of chapter 45 of title

16 18, United States Code, is amended to read as follows:

17 ‘‘§ 956. Conspiracy to kill, kidnap, maim, or injure

18 persons or damage property in a foreign

19 country

20 ‘‘(a)(1) Whoever, within the jurisdiction of the United

21 States, conspires with one or more other persons, regard22 less of where such other person or persons are located,

23 to commit at any place outside the United States an act

24 that would constitute the offense of murder, kidnapping,

25 or maiming if committed in the special maritime and terri-
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1 torial jurisdiction of the United States shall, if any of the

2 conspirators commits an act within the jurisdiction of the

3 United States to effect any object of the conspiracy, be

4 punished as provided in subsection (a)(2).

5 ‘‘(2) The punishment for an offense under subsection

6 (a)(1) of this section is—

7 ‘‘(A) imprisonment for any term of years or for

8 life if the offense is conspiracy to murder or kidnap;

9 and

10 ‘‘(B) imprisonment for not more than 35 years

11 if the offense is conspiracy to maim.

12 ‘‘(b) Whoever, within the jurisdiction of the United

13 States, conspires with one or more persons, regardless of

14 where such other person or persons are located, to damage

15 or destroy specific property situated within a foreign coun16 try and belonging to a foreign government or to any politi17 cal subdivision thereof with which the United States is at

18 peace, or any railroad, canal, bridge, airport, airfield, or

19 other public utility, public conveyance, or public structure,

20 or any religious, educational, or cultural property so situ21 ated, shall, if any of the conspirators commits an act with22 in the jurisdiction of the United States to effect any object

23 of the conspiracy, be imprisoned not more than 25 years.’’.

24 (b) CLERICAL AMENDMENT.—The item relating to

25 section 956 in the table of sections at the beginning of
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1 chapter 45 of title 18, United States Code, is amended

2 to read as follows:

‘‘956. Conspiracy to kill, kidnap, maim, or injure persons or damage property

in a foreign country.’’.

3 SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL

4 JURISDICTION OVER CERTAIN TERRORISM

5 OFFENSES OVERSEAS.

6 (a) AIRCRAFT PIRACY.—Section 46502(b) of title 49,

7 United States Code, is amended—

8 (1) in paragraph (1), by striking ‘‘and later

9 found in the United States’’;

10 (2) so that paragraph (2) reads as follows:

11 ‘‘(2) There is jurisdiction over the offense in para12 graph (1) if—

13 ‘‘(A) a national of the United States was

14 aboard the aircraft;

15 ‘‘(B) an offender is a national of the United

16 States; or

17 ‘‘(C) an offender is afterwards found in the

18 United States.’’; and

19 (3) by inserting after paragraph (2) the follow20 ing:

21 ‘‘(3) For purposes of this subsection, the term ‘na22 tional of the United States’ has the meaning prescribed

23 in section 101(a)(22) of the Immigration and Nationality

24 Act (8 U.S.C. 1101(a)(22)).’’.
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1 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FA2 CILITIES.—Section 32(b) of title 18, United States Code,

3 is amended—

4 (1) by striking ‘‘, if the offender is later found

5 in the United States,’’; and

6 (2) by inserting at the end the following:

7 ‘‘There is jurisdiction over an offense under this

8 subsection if a national of the United States was on

9 board, or would have been on board, the aircraft; an

10 offender is a national of the United States; or an of11 fender is afterwards found in the United States. For

12 purposes of this subsection, the term ‘national of the

13 United States’ has the meaning prescribed in section

14 101(a)(22) of the Immigration and Nationality

15 Act.’’.

16 (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN

17 OTHER PERSONS.—Section 1116 of title 18, United

18 States Code, is amended—

19 (1) in subsection (b), by adding at the end the

20 following:

21 ‘‘(7) ‘National of the United States’ has the

22 meaning prescribed in section 101(a)(22) of the Im23 migration and Nationality Act (8 U.S.C.

24 1101(a)(22)).’’; and
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1 (2) in subsection (c), by striking the first sen2 tence and inserting the following: ‘‘If the victim of

3 an offense under subsection (a) is an internationally

4 protected person outside the United States, the

5 United States may exercise jurisdiction over the of6 fense if (1) the victim is a representative, officer,

7 employee, or agent of the United States, (2) an of8 fender is a national of the United States, or (3) an

9 offender is afterwards found in the United States.’’.

10 (d) PROTECTION OF FOREIGN OFFICIALS AND CER11 TAIN OTHER PERSONS.—Section 112 of title 18, United

12 States Code, is amended—

13 (1) in subsection (c), by inserting ‘‘ ‘national of

14 the United States’,’’ before ‘‘and’’; and

15 (2) in subsection (e), by striking the first sen16 tence and inserting the following: ‘‘If the victim of

17 an offense under subsection (a) is an internationally

18 protected person outside the United States, the

19 United States any exercise jurisdiction over the of20 fense if (1) the victim is a representative, officer,

21 employee, or agent of the United States, (2) an of22 fender is a national of the United States, or (3) an

23 offender is afterwards found in the United States.’’.
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1 (e) THREATS AND EXTORTION AGAINST FOREIGN

2 OFFICIALS AND CERTAIN OTHER PERSONS.—Section 878

3 of title 18, United States Code, is amended—

4 (1) in subsection (c), by inserting ‘‘ ‘national of

5 the United States’,’’ before ‘‘and’’; and

6 (2) in subsection (d), by striking the first sen7 tence and inserting the following: ‘‘If the victim of

8 an offense under subsection (a) is an internationally

9 protected person outside the United States, the

10 United States may exercise jurisdiction over the of11 fense if (1) the victim is a representative, officer,

12 employee, or agent of the United States, (2) an of13 fender is a national of the United States, or (3) an

14 offender is afterwards found in the United States.’’.

15 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

16 PERSONS.—Section 1201(e) of title 18, United States

17 Code, is amended—

18 (1) by striking the first sentence and inserting

19 the following: ‘‘If the victim of an offense under sub20 section (a) is an internationally protected person

21 outside the United States, the United States may

22 exercise jurisdiction over the offense if (1) the victim

23 is a representative, officer, employee, or agent of the

24 United States, (2) an offender is a national of the
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1 United States, or (3) an offender is afterwards

2 found in the United States.’’; and

3 (2) by adding at the end the following: ‘‘For

4 purposes of this subsection, the term ‘national of the

5 United States’ has the meaning prescribed in section

6 101(a)(22) of the Immigration and Nationality Act

7 (8 U.S.C. 1101(a)(22)).’’.

8 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Sec9 tion 37(b)(2) of title 18, United States Code, is

10 amended—

11 (1) by inserting ‘‘(A)’’ before ‘‘the offender is

12 later found in the United States’’; and

13 (2) by inserting ‘‘; or (B) an offender or a vic14 tim is a national of the United States (as defined in

15 section 101(a)(22) of the Immigration and National16 ity Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender

17 is later found in the United States’’.

18 (h) BIOLOGICAL WEAPONS.—Section 178 of title 18,

19 United States Code, is amended—

20 (1) by striking ‘‘and’’ at the end of paragraph

21 (3);

22 (2) by striking the period at the end of para23 graph (4) and inserting ‘‘; and’’; and

24 (3) by adding the following at the end:
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1 ‘‘(5) the term ‘national of the United States’

2 has the meaning prescribed in section 101(a)(22) of

3 the Immigration and Nationality Act (8 U.S.C.

4 1101(a)(22)).’’.

5 SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF

6 MASS DESTRUCTION STATUTE.

7 Section 2332a of title 18, United States Code, is

8 amended—

9 (1) in subsection (a)—

10 (A) by inserting ‘‘AGAINST A NATIONAL

11 OR WITHIN THE UNITED STATES’’ after ‘‘OF12 FENSE’’;

13 (B) by inserting ‘‘, without lawful author14 ity’’ after ‘‘A person who’’;

15 (C) by inserting ‘‘threatens,’’ before ‘‘at16 tempts or conspires to use, a weapon of mass

17 destruction’’; and

18 (D) by inserting ‘‘and the results of such

19 use affect interstate or foreign commerce or, in

20 the case of a threat, attempt, or conspiracy,

21 would have affected interstate or foreign com22 merce’’ before the semicolon at the end of para23 graph (2);
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1 (2) in subsection (b)(2)(A), by striking ‘‘section

2 921’’ and inserting ‘‘section 921(a)(4) (other than

3 subparagraphs (B) and (C))’’;

4 (3) in subsection (b), so that subparagraph (B)

5 of paragraph (2) reads as follows:

6 ‘‘(B) any weapon that is designed to cause

7 death or serious bodily injury through the re8 lease, dissemination, or impact of toxic or poi9 sonous chemicals, or their precursors;’’;

10 (4) by redesignating subsection (b) as sub11 section (c); and

12 (5) by inserting after subsection (a) the follow13 ing new subsection:

14 ‘‘(b) OFFENSE BY NATIONAL OUTSIDE THE UNITED

15 STATES.—Any national of the United States who, without

16 lawful authority and outside the United States, uses, or

17 threatens, attempts, or conspires to use, a weapon of mass

18 destruction shall be imprisoned for any term of years or

19 for life, and if death results, shall be punished by death,

20 or by imprisonment for any term of years or for life.’’.

21 SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUN22 DERING STATUTE.

23 (a) MURDER AND DESTRUCTION OF PROPERTY.—

24 Section 1956(c)(7)(B)(ii) of title 18, United States Code,

25 is amended by striking ‘‘or extortion;’’ and inserting ‘‘ex-
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1 tortion, murder, or destruction of property by means of

2 explosive or fire;’’.

3 (b) SPECIFIC OFFENSES.—Section 1956(c)(7)(D) of

4 title 18, United States Code, is amended—

5 (1) by inserting after ‘‘an offense under’’ the

6 following: ‘‘section 32 (relating to the destruction of

7 aircraft), section 37 (relating to violence at inter8 national airports), section 115 (relating to influenc9 ing, impeding, or retaliating against a Federal offi10 cial by threatening or injuring a family member),’’;

11 (2) by inserting after ‘‘section 215 (relating to

12 commissions or gifts for procuring loans),’’ the fol13 lowing: ‘‘section 351 (relating to Congressional or

14 Cabinet officer assassination),’’;

15 (3) by inserting after ‘‘section 793, 794, or 798

16 (relating to espionage),’’ the following: ‘‘section 831

17 (relating to prohibited transactions involving nuclear

18 materials), section 844 (f) or (i) (relating to destruc19 tion by explosives or fire of Government property or

20 property affecting interstate or foreign commerce),’’;

21 (4) by inserting after ‘‘section 875 (relating to

22 interstate communications),’’ the following: ‘‘section

23 956 (relating to conspiracy to kill, kidnap, maim, or

24 injure certain property in a foreign country),’’;
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1 (5) by inserting after ‘‘1032 (relating to con2 cealment of assets from conservator, receiver, or liq3 uidating agent of financial institution),’’ the follow4 ing: ‘‘section 1111 (relating to murder), section

5 1114 (relating to protection of officers and employ6 ees of the United States), section 1116 (relating to

7 murder of foreign officials, official guests, or inter8 nationally protected persons),’’;

9 (6) by inserting after ‘‘section 1203 (relating to

10 hostage taking),’’ the following: ‘‘section 1361 (relat11 ing to willful injury of Government property), sec12 tion 1363 (relating to destruction of property within

13 the special maritime and territorial jurisdiction),’’;

14 (7) by inserting after ‘‘section 1708 (theft from

15 the mail),’’ the following: ‘‘section 1751 (relating to

16 Presidential assassination),’’;

17 (8) by inserting after ‘‘2114 (relating to bank

18 and postal robbery and theft),’’ the following: ‘‘sec19 tion 2280 (relating to violence against maritime

20 navigation), section 2281 (relating to violence

21 against maritime fixed platforms),’’; and

22 (9) by striking ‘‘of this title’’ and inserting the

23 following: ‘‘section 2332 (relating to terrorist acts

24 abroad against United States nationals), section

25 2332a (relating to use of weapons of mass destruc-
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1 tion), section 2332b (relating to international terror2 ist acts transcending national boundaries), section

3 2339A (relating to providing material support to ter4 rorists) of this title, section 46502 of title 49, Unit5 ed States Code’’.

6 SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER

7 BOMB THREATS.

8 Section 844(e) of title 18, United States Code, is

9 amended by striking ‘‘commerce,’’ and inserting ‘‘inter10 state or foreign commerce, or in or affecting interstate or

11 foreign commerce,’’.

12 SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS13 DICTION.

14 Section 2280(b)(1)(A) of title 18, United States

15 Code, is amended—

16 (1) in clause (ii), by striking ‘‘and the activity

17 is not prohibited as a crime by the State in which

18 the activity takes place’’; and

19 (2) in clause (iii), by striking ‘‘the activity takes

20 place on a ship flying the flag of a foreign country

21 or outside the United States,’’.

22 SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB23 ITED.

24 Section 842(h) of title 18, United States Code, is

25 amended to read as follows:
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1 ‘‘(h) It shall be unlawful for any person to receive,

2 possess, transport, ship, conceal, store, barter, sell, dispose

3 of, or pledge or accept as security for a loan, any stolen

4 explosive materials which are moving as, which are part

5 of, which constitute, or which have been shipped or trans6 ported in, interstate or foreign commerce, either before or

7 after such materials were stolen, knowing or having rea8 sonable cause to believe that the explosive materials were

9 stolen.’’.

10 SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETER11 MINING WHAT AMMUNITION IS CAPABLE OF

12 PENETRATING POLICE BODY ARMOR.

13 The National Institute of Justice is directed to per14 form a study of, and to recommend to Congress, a meth15 odology for determining what ammunition, designed for

16 handguns, is capable of penetrating police body armor.

17 Not later than 6 months after the date of the enactment

18 of this Act, the National Institute of Justice shall report

19 to Congress the results of such study and such rec20 ommendations.
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1 TITLE II—INCREASED

2 PENALTIES

3 SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLO4 SIVES OFFENSES.

5 (a) INCREASED PENALTIES FOR DAMAGING CERTAIN

6 PROPERTY.—Section 844(f) of title 18, United States

7 Code, is amended to read as follows:

8 ‘‘(f) Whoever damages or destroys, or attempts to

9 damage or destroy, by means of fire or an explosive, any

10 personal or real property in whole or in part owned, pos11 sessed, or used by, or leased to, the United States, or any

12 department or agency thereof, or any institution or organi13 zation receiving Federal financial assistance shall be fined

14 under this title or imprisoned for not more than 25 years,

15 or both, but—

16 ‘‘(1) if personal injury results to any person

17 other than the offender, the term of imprisonment

18 shall be not more than 40 years;

19 ‘‘(2) if fire or an explosive is used and its use

20 creates a substantial risk of serious bodily injury to

21 any person other than the offender, the term of im22 prisonment shall not be less than 20 years; and

23 ‘‘(3) if death results to any person other than

24 the offender, the offender shall be subject to the
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1 death penalty or imprisonment for any term of years

2 not less than 30, or for life.’’.

3 (b) CONFORMING AMENDMENT.—Section 81 of title

4 18, United States Code, is amended by striking ‘‘fined

5 under this title or imprisoned not more than five years,

6 or both’’ and inserting ‘‘imprisoned not more than 25

7 years or fined the greater of the fine under this title or

8 the cost of repairing or replacing any property that is

9 damaged or destroyed, or both’’.

10 (c) STATUTE OF LIMITATION FOR ARSON OF11 FENSES.—

12 (1) Chapter 213 of title 18, United States

13 Code, is amended by adding at the end the follow14 ing:

15 ‘‘§ 3295. Arson offenses

16 ‘‘No person shall be prosecuted, tried, or punished

17 for any noncapital offense under section 81 or subsection

18 (f), (h), or (i) of section 844 of this title unless the indict19 ment is found or the information is instituted within 7

20 years after the date on which the offense was committed.’’.

21 (2) The table of sections at the beginning of

22 chapter 213 of title 18, United States Code, is

23 amended by adding at the end the following new

24 item:

‘‘3295. Arson offenses.’’.
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1 (3) Section 844(i) of title 18, United States

2 Code, is amended by striking the last sentence.

3 SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIR4 ACIES.

5 Section 844 of title 18, United States Code, is

6 amended by adding at the end the following:

7 ‘‘(n) Except as otherwise provided in this section, a

8 person who conspires to commit any offense defined in this

9 chapter shall be subject to the same penalties (other than

10 the penalty of death) as those prescribed for the offense

11 the commission of which was the object of the conspir12 acy.’’.

13 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN14 ALTIES FOR TERRORISM OFFENSES.

15 (a) TITLE 18 OFFENSES.—

16 (1) Sections 32(a)(7), 32(b)(4), 37(a),

17 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H),

18 and 2281(a)(1)(F) of title 18, United States Code,

19 are each amended by inserting ‘‘or conspires’’ after

20 ‘‘attempts’’.

21 (2) Section 115(b)(2) of title 18, United States

22 Code, is amended by striking ‘‘or attempted kidnap23 ping’’ both places it appears and inserting ‘‘, at24 tempted kidnapping, or conspiracy to kidnap’’.
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1 (3)(A) Section 115(b)(3) of title 18, United

2 States Code, is amended by striking ‘‘or attempted

3 murder’’ and inserting ‘‘, attempted murder, or con4 spiracy to murder’’.

5 (B) Section 115(b)(3) of title 18, United States

6 Code, is amended by striking ‘‘and 1113’’ and in7 serting ‘‘, 1113, and 1117’’.

8 (4) Section 175(a) of title 18, United States

9 Code, is amended by inserting ‘‘or conspires to do

10 so,’’ after ‘‘any organization to do so,’’.

11 (b) AIRCRAFT PIRACY.—

12 (1) Section 46502(a)(2) of title 49, United

13 States Code, is amended by inserting ‘‘or conspir14 ing’’ after ‘‘attempting’’.

15 (2) Section 46502(b)(1) of title 49, United

16 States Code, is amended by inserting ‘‘or conspiring

17 to commit’’ after ‘‘committing’’.

18 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A

19 FIREARM KNOWING THAT IT WILL BE USED

20 TO COMMIT A CRIME OF VIOLENCE.

21 Section 924(h) of title 18, United States Code, is

22 amended—

23 (1) by inserting ‘‘or having reasonable cause to

24 believe’’ after ‘‘knowing’’; and
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1 (2) by striking ‘‘imprisoned not more than 10

2 years, fined in accordance with this title, or both.’’

3 and inserting ‘‘subject to the same penalties as may

4 be imposed under subsection (c) for a first convic5 tion for the use or carrying of the firearm.’’.

6 SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN

7 EXPLOSIVE MATERIAL KNOWING THAT IT

8 WILL BE USED TO COMMIT A CRIME OF VIO9 LENCE.

10 Section 844 of title 18, United States Code, is

11 amended by adding at the end the following:

12 ‘‘(o) Whoever knowingly transfers any explosive ma13 terials, knowing or having reasonable cause to believe that

14 such explosive materials will be used to commit a crime

15 of violence (as defined in section 924(c)(3) of this title)

16 or drug trafficking crime (as defined in section 924(c)(2)

17 of this title) shall be subject to the same penalties as may

18 be imposed under subsection (h) for a first conviction for

19 the use or carrying of the explosive materials.’’.

20 SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

21 The United States Sentencing Commission shall

22 forthwith, in accordance with the procedures set forth in

23 section 21(a) of the Sentencing Act of 1987, as though

24 the authority under that section had not expired, amend

25 the sentencing guidelines so that the chapter 3 adjustment
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1 relating to international terrorism only applies to Federal

2 crimes of terrorism, as defined in section 2332b(g) of title

3 18, United States Code.

4 TITLE III—INVESTIGATIVE

5 TOOLS

6 SEC. 301. PEN REGISTERS AND TRAP AND TRACE DEVICES

7 IN FOREIGN COUNTERINTELLIGENCE INVES8 TIGATIONS.

9 (a) APPLICATION.—Section 3122(b)(2) of title 18,

10 United States Code, is amended by inserting ‘‘or foreign

11 counterintelligence’’ after ‘‘criminal’’.

12 (b) ORDER.—

13 (1) Section 3123(a) of title 18, United States

14 Code, is amended by inserting ‘‘or foreign counter15 intelligence’’ after ‘‘criminal’’.

16 (2) Section 3123(b)(1) of title 18, United

17 States Code, is amended in subparagraph (B), by

18 striking ‘‘criminal’’.

19 SEC. 302. DISCLOSURE OF CERTAIN CONSUMER REPORTS

20 TO THE FEDERAL BUREAU OF INVESTIGA21 TION.

22 (a) IN GENERAL.—The Fair Credit Reporting Act

23 (15 U.S.C. 1681 et seq.) is amended by adding after sec24 tion 623 the following new section:
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1 ‘‘§ 624. Disclosures to FBI for counterintelligence

2 purposes

3 ‘‘(a) IDENTITY OF FINANCIAL INSTITUTIONS.—Not4 withstanding section 604 or any other provision of this

5 title, a consumer reporting agency shall furnish to the

6 Federal Bureau of Investigation the names and addresses

7 of all financial institutions (as that term is defined in sec8 tion 1101 of the Right to Financial Privacy Act of 1978)

9 at which a consumer maintains or has maintained an ac10 count, to the extent that information is in the files of the

11 agency, when presented with a written request for that

12 information, signed by the Director of the Federal Bureau

13 of Investigation, or the Director’s designee, which certifies

14 compliance with this section. The Director or the Direc15 tor’s designee may make such a certification only if the

16 Director or the Director’s designee has determined in writ17 ing that—

18 ‘‘(1) such information is necessary for the con19 duct of an authorized foreign counterintelligence in20 vestigation; and

21 ‘‘(2) there are specific and articulable facts giv22 ing reason to believe that the consumer—

23 ‘‘(A) is a foreign power (as defined in sec24 tion 101 of the Foreign Intelligence Surveil25 lance Act of 1978) or a person who is not a

26 United States person (as defined in such sec-
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1 tion 101) and is an official of a foreign power;

2 or

3 ‘‘(B) is an agent of a foreign power and is

4 engaging or has engaged in international terror5 ism (as that term is defined in section 101(c)

6 of the Foreign Intelligence Surveillance Act of

7 1978) or clandestine intelligence activities that

8 involve or may involve a violation of criminal

9 statutes of the United States.

10 ‘‘(b) IDENTIFYING INFORMATION.—Notwithstanding

11 the provisions of section 604 or any other provision of this

12 title, a consumer reporting agency shall furnish identifying

13 information respecting a consumer, limited to name, ad14 dress, former addresses, places of employment, or former

15 places of employment, to the Federal Bureau of Investiga16 tion when presented with a written request, signed by the

17 Director or the Director’s designee, which certifies compli18 ance with this subsection. The Director or the Director’s

19 designee may make such a certification only if the Director

20 or the Director’s designee has determined in writing

21 that—

22 ‘‘(1) such information is necessary to the con23 duct of an authorized counterintelligence investiga24 tion; and
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1 ‘‘(2) there is information giving reason to be2 lieve that the consumer has been, or is about to be,

3 in contact with a foreign power or an agent of a for4 eign power (as defined in section 101 of the Foreign

5 Intelligence Surveillance Act of 1978).

6 ‘‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER

7 REPORTS.—Notwithstanding section 604 or any other

8 provision of this title, if requested in writing by the Direc9 tor of the Federal Bureau of Investigation, or a designee

10 of the Director, a court may issue an order ex parte direct11 ing a consumer reporting agency to furnish a consumer

12 report to the Federal Bureau of Investigation, upon a

13 showing in camera that—

14 ‘‘(1) the consumer report is necessary for the

15 conduct of an authorized foreign counterintelligence

16 investigation; and

17 ‘‘(2) there are specific and articulable facts giv18 ing reason to believe that the consumer whose

19 consumer report is sought—

20 ‘‘(A) is an agent of a foreign power; and

21 ‘‘(B) is engaging or has engaged in inter22 national terrorism (as that term is defined in

23 section 101(c) of the Foreign Intelligence Sur24 veillance Act of 1978) or clandestine intel25 ligence activities that involve or may involve a
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1 violation of criminal statutes of the United

2 States.

3 The terms of an order issued under this subsection shall

4 not disclose that the order is issued for purposes of a

5 counterintelligence investigation.

6 ‘‘(d) CONFIDENTIALITY.—No consumer reporting

7 agency or officer, employee, or agent of a consumer report8 ing agency shall disclose to any person, other than those

9 officers, employees, or agents of a consumer reporting

10 agency necessary to fulfill the requirement to disclose in11 formation to the Federal Bureau of Investigation under

12 this section, that the Federal Bureau of Investigation has

13 sought or obtained the identity of financial institutions or

14 a consumer report respecting any consumer under sub15 section (a), (b), or (c) and no consumer reporting agency

16 or officer, employee, or agent of a consumer reporting

17 agency shall include in any consumer report any informa18 tion that would indicate that the Federal Bureau of Inves19 tigation has sought or obtained such information or a

20 consumer report.

21 ‘‘(e) PAYMENT OF FEES.—The Federal Bureau of

22 Investigation shall, subject to the availability of appropria23 tions, pay to the consumer reporting agency assembling

24 or providing reports or information in accordance with

25 procedures established under this section, a fee for reim-
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1 bursement for such costs as are reasonably necessary and

2 which have been directly incurred in searching, reproduc3 ing, or transporting books, papers, records, or other data

4 required or requested to be produced under this section.

5 ‘‘(f) LIMIT ON DISSEMINATION.—The Federal Bu6 reau of Investigation may not disseminate information ob7 tained pursuant to this section outside of the Federal Bu8 reau of Investigation, except to other Federal agencies as

9 may be necessary for the approval or conduct of a foreign

10 counterintelligence investigation, or, where the informa11 tion concerns a person subject to the Uniform Code of

12 Military Justice, to appropriate investigative authorities

13 within the military department concerned as may be nec14 essary for the conduct of a joint foreign counterintel15 ligence investigation.

16 ‘‘(g) RULES OF CONSTRUCTION.—Nothing in this

17 section shall be construed to prohibit information from

18 being furnished by the Federal Bureau of Investigation

19 pursuant to a subpoena or court order, or in connection

20 with a judicial or administrative proceeding to enforce the

21 provisions of this Act. Nothing in this section shall be con22 strued to authorize or permit the withholding or informa23 tion from the Congress.

24 ‘‘(h) REPORTS TO CONGRESS.—On a semiannual

25 basis, the Attorney General of the United States shall fully
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1 inform the Permanent Select Committee on Intelligence

2 and the Committee on Banking and Financial Services of

3 the House of Representatives, and the Select Committee

4 on Intelligence and the Committee on Banking, Housing,

5 and Urban Affairs of the Senate concerning all requests

6 made pursuant to subsections (a), (b), and (c).

7 ‘‘(i) DAMAGES.—Any agency or department of the

8 United States obtaining or disclosing any consumer re9 ports, records, or information contained therein in viola10 tion of this section is liable to the consumer to whom such

11 consumer reports, records, or information relate in an

12 amount equal to the sum of—

13 ‘‘(1) $100, without regard to the volume of

14 consumer reports, records, or information involved;

15 ‘‘(2) any actual damages sustained by the

16 consumer as a result of the disclosure;

17 ‘‘(3) if the violation is found to have been will18 ful or intentional, such punitive damages as a court

19 may allow; and

20 ‘‘(4) in the case of any successful action to en21 force liability under this subsection, the costs of the

22 action, together with reasonable attorney fees, as de23 termined by the court.

24 ‘‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

25 court determines that any agency or department of the
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1 United States has violated any provision of this section

2 and the court finds that the circumstances surrounding

3 the violation raise questions of whether or not an officer

4 or employee of the agency or department acted willfully

5 or intentionally with respect to the violation, the agency

6 or department shall promptly initiate a proceeding to de7 termine whether or not disciplinary action is warranted

8 against the officer or employee who was responsible for

9 the violation.

10 ‘‘(k) GOOD-FAITH EXCEPTION.—Notwithstanding

11 any other provision of this title, any consumer reporting

12 agency or agent or employee thereof making disclosure of

13 consumer reports or identifying information pursuant to

14 this subsection in good-faith reliance upon a certification

15 of the Federal Bureau of Investigation pursuant to provi16 sions of this section shall not be liable to any person for

17 such disclosure under this title, the constitution of any

18 State, or any law or regulation of any State or any politi19 cal subdivision of any State.

20 ‘‘(l) LIMITATION OF REMEDIES.—Notwithstanding

21 any other provision of this title, the remedies and sanc22 tions set forth in this section shall be the only judicial

23 remedies and sanctions for violation of this section.

24 ‘‘(m) INJUNCTIVE RELIEF.—In addition to any other

25 remedy contained in this section, injunctive relief shall be
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1 available to require compliance with the procedures of this

2 section. In the event of any successful action under this

3 subsection, costs together with reasonable attorney fees,

4 as determined by the court, may be recovered.’’.

5 (b) CLERICAL AMENDMENT.—The table of sections

6 at the beginning of the Fair Credit Reporting Act (15

7 U.S.C. 1681a et seq.) is amended by adding after the item

8 relating to section 623 the following:

‘‘624. Disclosures to FBI for counterintelligence purposes.’’.

9 SEC. 303. DISCLOSURE OF BUSINESS RECORDS HELD BY

10 THIRD PARTIES IN FOREIGN COUNTERINTEL11 LIGENCE CASES.

12 (a) IN GENERAL.—Title 18, United States Code, is

13 amended by inserting after chapter 121 the following:

14 ‘‘CHAPTER 122—ACCESS TO CERTAIN

15 RECORDS

‘‘Sec.

‘‘2720. Disclosure of business records held by third parties in foreign counterintelligence cases.

16 ‘‘§ 2720. Disclosure of business records held by third

17 parties in foreign counterintelligence

18 cases

19 ‘‘(a)(1) A court or magistrate judge may issue an

20 order ex parte, upon application by the Director of the

21 Federal Bureau of Investigation (or the Director’s des22 ignee, whose rank shall be no lower than Assistant Special

23 Agent in Charge), directing any common carrier, public
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1 accommodation facility, physical storage facility, or vehicle

2 rental facility to furnish any records in its possession to

3 the Federal Bureau of Investigation. The court or mag4 istrate judge shall issue the order if the court or mag5 istrate judge finds that—

6 ‘‘(A) such records are necessary for counter-ter7 rorism or foreign counterintelligence purposes; and

8 ‘‘(B) there are specific and articulable facts giv9 ing reason to believe that the person to whom the

10 records pertain is—

11 ‘‘(i) a foreign power; or

12 ‘‘(ii) an agent of a foreign power and is en13 gaging or has engaged in international terror14 ism (as that term is defined in section 101(c)

15 of the Foreign Intelligence Surveillance Act of

16 1978) or clandestine intelligence activities that

17 involve or may involve a violation of criminal

18 statutes of the United States.

19 ‘‘(2) An order issued under this subsection shall not

20 disclose that it is issued for purposes of a counterintel21 ligence investigation.

22 ‘‘(b) No common carrier, public accommodation facil23 ity, physical storage facility, or vehicle rental facility, or

24 any officer, employee, or agent of such common carrier,

25 public accommodation facility, physical storage facility, or
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1 vehicle rental facility, shall disclose to any person, other

2 than those officers, agents, or employees of the common

3 carrier, public accommodation facility, physical storage fa4 cility, or vehicle rental facility necessary to fulfill the re5 quirement to disclose the information to the Federal Bu6 reau of Investigation under this section.

7 ‘‘(c)(1) The Federal Bureau of Investigation may not

8 disseminate information obtained pursuant to this section

9 outside the Federal Bureau of Investigation, except—

10 ‘‘(A) to the Department of Justice or any other

11 law enforcement agency, as may be necessary for the

12 approval or conduct of a foreign counterintelligence

13 investigation; or

14 ‘‘(B) where the information concerns a person

15 subject to the Uniform Code of Military Justice, to

16 appropriate investigative authorities within the mili17 tary department concerned as may be necessary for

18 the conduct of a joint foreign counterintelligence in19 vestigation.

20 ‘‘(2) Any agency or department of the United States

21 obtaining or disclosing any information in violation of this

22 paragraph shall be liable to any person harmed by the vio23 lation in an amount equal to the sum of—

24 ‘‘(A) $100 without regard to the volume of in25 formation involved;
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1 ‘‘(B) any actual damages sustained by the per2 son harmed as a result of the violation;

3 ‘‘(C) if the violation is willful or intentional,

4 such punitive damages as a court may allow; and

5 ‘‘(D) in the case of any successful action to en6 force liability under this paragraph, the costs of the

7 action, together with reasonable attorney fees, as de8 termined by the court.

9 ‘‘(d) If a court determines that any agency or depart10 ment of the United States has violated any provision of

11 this section and the court finds that the circumstances

12 surrounding the violation raise questions of whether or not

13 an officer or employee of the agency or department acted

14 willfully or intentionally with respect to the violation, the

15 agency or department shall promptly initiate a proceeding

16 to determine whether or not disciplinary action is war17 ranted against the officer or employee who was responsible

18 for the violation.

19 ‘‘(e) As used in this section—

20 ‘‘(1) the term ‘common carrier’ means a loco21 motive, rail carrier, bus carrying passengers, water

22 common carrier, air common carrier, or private com23 mercial interstate carrier for the delivery of pack24 ages and other objects;
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1 ‘‘(2) the term ‘public accommodation facility’

2 means any inn, hotel, motel, or other establishment

3 that provides lodging to transient guests;

4 ‘‘(3) the term ‘physical storage facility’ means

5 any business or entity that provides space for the

6 storage of goods or materials, or services related to

7 the storage of goods or materials, to the public or

8 any segment thereof; and

9 ‘‘(4) the term ‘vehicle rental facility’ means any

10 person or entity that provides vehicles for rent,

11 lease, loan, or other similar use, to the public or any

12 segment thereof.’’.

13 (b) CLERICAL AMENDMENT.—The table of chapters

14 at the beginning of part I of title 18, United States Code,

15 is amended by inserting after the item relating to chapter

16 121 the following new item:

‘‘122. Access to certain records .................................................... 2720’’.

17 SEC. 304. STUDY OF TAGGING EXPLOSIVE MATERIALS, DE18 TECTION OF EXPLOSIVES AND EXPLOSIVE

19 MATERIALS, RENDERING EXPLOSIVE COMPO20 NENTS INERT, AND IMPOSING CONTROLS OF

21 PRECURSORS OF EXPLOSIVES.

22 (a) STUDY.—The Attorney General, in consultation

23 with other Federal, State and local officials with expertise

24 in this area and such other individuals as the Attorney
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1 General deems appropriate, shall conduct a study concern2 ing—

3 (1) the tagging of explosive materials for pur4 poses of detection and identification;

5 (2) technology for devices to improve the detec6 tion of explosives materials;

7 (3) whether common chemicals used to manu8 facture explosive materials can be rendered inert and

9 whether it is feasible to require it; and

10 (4) whether controls can be imposed on certain

11 precursor chemicals used to manufacture explosive

12 materials and whether it is feasible to require it.

13 (b) REPORT.—Not later than 180 days after the date

14 of the enactment of this Act, the Attorney General shall

15 submit to the Congress a report that contains the results

16 of the study required by this section. The Attorney Gen17 eral shall make the report available to the public.

18 SEC. 305. APPLICATION OF STATUTORY EXCLUSIONARY

19 RULE CONCERNING INTERCEPTED WIRE OR

20 ORAL COMMUNICATIONS.

21 Section 2515 of title 18, United States Code, is

22 amended by adding at the end the following: ‘‘This section

23 shall not apply to the disclosure by the United States in

24 a criminal trial or hearing or before a grand jury of the

25 contents of a wire or oral communication, or evidence de-
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1 rived therefrom, if any law enforcement officers who inter2 cepted the communication or gathered the evidence de3 rived therefrom acted with the reasonably objective belief

4 that their actions were in compliance with this chapter.’’.

5 SEC. 306. EXCLUSION OF CERTAIN TYPES OF INFORMATION

6 FROM WIRETAP-RELATED DEFINITIONS.

7 (a) DEFINITION OF ‘‘ELECTRONIC COMMUNICA8 TION’’.—Section 2510(12) of title 18, United States Code,

9 is amended—

10 (1) by striking ‘‘or’’ at the end of subparagraph

11 (B);

12 (2) by inserting ‘‘or’’ at the end of subpara13 graph (C); and

14 (3) by adding a new subparagraph (D), as fol15 lows:

16 ‘‘(D) information stored in a communica17 tions system used for the electronic storage and

18 transfer of funds;’’

19 (b) DEFINITION OF ‘‘READILY ACCESSIBLE TO THE

20 GENERAL PUBLIC’’.—Section 2510(16) of title 18, United

21 States Code, is amended—

22 (1) by inserting ‘‘or’’ at the end of subpara23 graph (D);

24 (2) by striking ‘‘or’’ at the end of subparagraph

25 (E); and
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1 (3) by striking subparagraph (F).

2 SEC. 307. REQUIREMENT FOR PERIODIC REPORT.

3 Subsection (6) of section 2518 of title 18, United

4 States Code is amended to read as follows:

5 ‘‘(6) Whenever an order authorizing interception is

6 entered under this chapter, the order shall require the at7 torney for the Government to file a report with the judge

8 who issued the order showing what progress has been

9 made toward achievement of the authorized objective and

10 the need for continued interception. Such report shall be

11 made 15 days after the interception has begun. No other

12 reports shall be made to the judge under this subsection.’’.

13 SEC. 308. ACCESS TO TELEPHONE BILLING RECORDS.

14 (a) SECTION 2709.—Section 2709(b) of title 18,

15 United States Code, is amended—

16 (1) in paragraph (1)(A), by inserting ‘‘local and

17 long distance’’ before ‘‘toll billing records’’;

18 (2) by striking ‘‘and’’ at the end of paragraph

19 (1);

20 (3) by striking the period at the end of para21 graph (2) and inserting ‘‘; and’’; and

22 (4) by adding at the end a new paragraph (3),

23 as follows:

24 ‘‘(3) request the name, address, length of serv25 ice, and local and long distance toll billing records
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1 of a person or entity if the Director or the Director’s

2 designee (in a position not lower than Deputy As3 sistant Director) certifies in writing to the wire or

4 electronic communication service provider to which

5 the request is made that the information sought is

6 relevant to an authorized international terrorism in7 vestigation (as defined in section 2331 of this

8 title).’’.

9 (b) SECTION 2703.—Section 2703(c)(1)(C) of title

10 18, United States Code, is amended by inserting ‘‘local

11 and long distance’’ before ‘‘telephone toll billing records’’.

12 (c) CIVIL REMEDY.—Section 2707 of title 18, United

13 States Code, is amended—

14 (1) in subsection (a), by striking ‘‘customer’’

15 and inserting ‘‘any other person’’;

16 (2) in subsection (c), inserting before the period

17 at the end the following: ‘‘, and if the violation is

18 willful or intentional, such punitive damages as the

19 court may allow, and, in the case of any successful

20 action to enforce liability under this section, the

21 costs of the action, together with reasonable attorney

22 fees, as determined by the court’’; and

23 (3) by adding at the end the following:

24 ‘‘(f) DISCIPLINARY ACTIONS FOR VIOLATIONS.—If a

25 court determines that any agency or department of the
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1 United States has violated this chapter and the court finds

2 that the circumstances surrounding the violation raise

3 questions of whether or not an officer or employee of the

4 agency or department acted willfully or intentionally with

5 respect to the violation, the agency or department shall

6 promptly initiate a proceeding to determine whether or not

7 disciplinary action is warranted against the officer or em8 ployee who was responsible for the violation.’’.

9 SEC. 309. REQUIREMENT TO PRESERVE RECORD EVI10 DENCE.

11 Section 2703 of title 18, United States Code, is

12 amended by adding at the end the following:

13 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A

14 provider of wire or electronic communication services or

15 a remote computing service, upon the request of a govern16 mental entity, shall take all necessary steps to preserve

17 records, and other evidence in its possession pending the

18 issuance of a court order or other process. Such records

19 shall be retained for a period of 90 days, which period

20 shall be extended for an additional 90-day period upon a

21 renewed request by the governmental entity.’’.

22 SEC. 310. DETENTION HEARING.

23 Section 3142(f) of title 18, United States Code, is

24 amended by inserting ‘‘(not including any intermediate
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1 Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and

2 after ‘‘three days’’.

3 SEC. 311. REWARD AUTHORITY OF THE ATTORNEY GEN4 ERAL.

5 (a) IN GENERAL.—Title 18, United States Code, is

6 amended by striking sections 3059 through 3059A and in7 serting the following:

8 ‘‘§ 3059. Reward authority of the Attorney General

9 ‘‘(a) The Attorney General may pay rewards and re10 ceive from any department or agency, funds for the pay11 ment of rewards under this section, to any individual who

12 provides any information unknown to the Government

13 leading to the arrest or prosecution of any individual for

14 Federal felony offenses.

15 ‘‘(b) If the reward exceeds $100,000, the Attorney

16 General shall give notice of that fact to the Senate and

17 the House of Representatives not later than 30 days be18 fore authorizing the payment of the reward.

19 ‘‘(c) A determination made by the Attorney General

20 as to whether to authorize an award under this section

21 and as to the amount of any reward authorized shall not

22 be subject to judicial review.

23 ‘‘(d) If the Attorney General determines that the

24 identity of the recipient of a reward or of the members

25 of the recipient’s immediate family must be protected, the
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1 Attorney General may take such measures in connection

2 with the payment of the reward as the Attorney General

3 deems necessary to effect such protection.

4 ‘‘(e) No officer or employee of any governmental en5 tity may receive a reward under this section for conduct

6 in performance of his or her official duties.

7 ‘‘(f) Any individual (and the immediate family of such

8 individual) who furnishes information which would justify

9 a reward under this section or a reward by the Secretary

10 of State under section 36 of the State Department Basic

11 Authorities Act of 1956 may, in the discretion of the At12 torney General, participate in the Attorney General’s wit13 ness security program under chapter 224 of this title.’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of chapter 203 of title 18, United States

16 Code, is amended by striking the items relating to section

17 3059 and 3059A and inserting the following new item:

‘‘3059. Reward authority of the Attorney General.’’.

18 (c) CONFORMING AMENDMENT.—Section 1751 of

19 title 18, United States Code, is amended by striking sub20 section (g).

21 SEC. 312. PROTECTION OF FEDERAL GOVERNMENT BUILD22 INGS IN THE DISTRICT OF COLUMBIA.

23 The Attorney General is authorized—

24 (1) to prohibit vehicles from parking or stand25 ing on any street or roadway adjacent to any build-
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1 ing in the District of Columbia which is in whole or

2 in part owned, possessed, used by, or leased to the

3 Federal Government and used by Federal law en4 forcement authorities; and

5 (2) to prohibit any person or entity from con6 ducting business on any property immediately adja7 cent to any such building.

8 SEC. 313. STUDY OF THEFTS FROM ARMORIES; REPORT TO

9 THE CONGRESS.

10 (a) STUDY.—The Attorney General of the United

11 States shall conduct a study of the extent of thefts from

12 military arsenals (including National Guard armories) of

13 firearms, explosives, and other materials that are poten14 tially useful to terrorists.

15 (b) REPORT TO THE CONGRESS.—Within 6 months

16 after the date of the enactment of this Act, the Attorney

17 General shall submit to the Congress a report on the study

18 required by subsection (a).

19 TITLE IV—NUCLEAR MATERIALS

20 SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBI21 TIONS.

22 Section 831 of title 18, United States Code, is

23 amended—
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1 (1) in subsection (a), by striking ‘‘nuclear mate2 rial’’ each place it appears and inserting ‘‘nuclear

3 material or nuclear byproduct material’’;

4 (2) in subsection (a)(1)(A), by inserting ‘‘or the

5 environment’’ after ‘‘property’’;

6 (3) so that subsection (a)(1)(B) reads as fol7 lows:

8 ‘‘(B)(i) circumstances exist which are likely

9 to cause the death of or serious bodily injury to

10 any person or substantial damage to property

11 or the environment; or (ii) such circumstances

12 are represented to the defendant to exist;’’;

13 (4) in subsection (a)(6), by inserting ‘‘or the

14 environment’’ after ‘‘property’’;

15 (5) so that subsection (c)(2) reads as follows:

16 ‘‘(2) an offender or a victim is a national of the

17 United States or a United States corporation or

18 other legal entity;’’;

19 (6) in subsection (c)(3), by striking ‘‘at the

20 time of the offense the nuclear material is in use,

21 storage, or transport, for peaceful purposes, and’’;

22 (7) by striking ‘‘or’’ at the end of subsection

23 (c)(3);
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1 (8) in subsection (c)(4), by striking ‘‘nuclear

2 material for peaceful purposes’’ and inserting ‘‘nu3 clear material or nuclear byproduct material’’;

4 (9) by striking the period at the end of sub5 section (c)(4) and inserting ‘‘; or’’;

6 (10) by adding at the end of subsection (c) the

7 following:

8 ‘‘(5) the governmental entity under subsection

9 (a)(5) is the United States or the threat under sub10 section (a)(6) is directed at the United States.’’;

11 (11) in subsection (f)(1)(A), by striking ‘‘with

12 an isotopic concentration not in excess of 80 percent

13 plutonium 238’’;

14 (12) in subsection (f)(1)(C) by inserting ‘‘en15 riched uranium, defined as’’ before ‘‘uranium’’;

16 (13) in subsection (f), by redesignating para17 graphs (2), (3), and (4) as paragraphs (3), (4), and

18 (5), respectively;

19 (14) by inserting after subsection (f)(1) the

20 following:

21 ‘‘(2) the term ‘nuclear byproduct material’

22 means any material containing any radioactive iso23 tope created through an irradiation process in the

24 operation of a nuclear reactor or accelerator;’’;
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1 (15) by striking ‘‘and’’ at the end of subsection

2 (f)(4), as redesignated;

3 (16) by striking the period at the end of sub4 section (f)(5), as redesignated, and inserting a semi5 colon; and

6 (17) by adding at the end of subsection (f) the

7 following:

8 ‘‘(6) the term ‘national of the United States’

9 has the meaning prescribed in section 101(a)(22) of

10 the Immigration and Nationality Act (8 U.S.C.

11 1101(a)(22)); and

12 ‘‘(7) the term ‘United States corporation or

13 other legal entity’ means any corporation or other

14 entity organized under the laws of the United States

15 or any State, district, commonwealth, territory or

16 possession of the United States.’’.

17 TITLE V—CONVENTION ON THE

18 MARKING OF PLASTIC EXPLO19 SIVES

20 SEC. 501. DEFINITIONS.

21 Section 841 of title 18, United States Code, is

22 amended by adding at the end the following:

23 ‘‘(o) ‘Convention on the Marking of Plastic Ex24 plosives’ means the Convention on the Marking of
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1 Plastic Explosives for the Purpose of Detection,

2 Done at Montreal on 1 March 1991.

3 ‘‘(p) ‘Detection agent’ means any one of the

4 substances specified in this subsection when intro5 duced into a plastic explosive or formulated in such

6 explosive as a part of the manufacturing process in

7 such a manner as to achieve homogeneous distribu8 tion in the finished explosive, including—

9 ‘‘(1) Ethylene glycol dinitrate (EGDN),

10 C2H4(NO3)2, molecular weight 152, when the

11 minimum concentration in the finished explosive

12 is 0.2 percent by mass;

13 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane

14 (DMNB), C6H12(NO2)2, molecular weight 176,

15 when the minimum concentration in the fin16 ished explosive is 0.1 percent by mass;

17 ‘‘(3) Para-Mononitrotoluene (p-MNT),

18 C7H7NO2, molecular weight 137, when the min19 imum concentration in the finished explosive is

20 0.5 percent by mass;

21 ‘‘(4) Ortho-Mononitrotoluene (o-MNT),

22 C7H7NO2, molecular weight 137, when the min23 imum concentration in the finished explosive is

24 0.5 percent by mass; and
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1 ‘‘(5) any other substance in the concentra2 tion specified by the Secretary, after consulta3 tion with the Secretary of State and the Sec4 retary of Defense, which has been added to the

5 table in part 2 of the Technical Annex to the

6 Convention on the Marking of Plastic Explo7 sives.

8 ‘‘(q) ‘Plastic explosive’ means an explosive ma9 terial in flexible or elastic sheet form formulated

10 with one or more high explosives which in their pure

11 form have a vapor pressure less than 10¥4 Pa at a

12 temperature of 25°C., is formulated with a binder

13 material, and is as a mixture malleable or flexible at

14 normal room temperature.’’.

15 SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR

16 PLASTIC EXPLOSIVES.

17 Section 842 of title 18, United States Code, is

18 amended by adding at the end the following:

19 ‘‘(l) It shall be unlawful for any person to manufac20 ture any plastic explosive which does not contain a detec21 tion agent.

22 ‘‘(m)(1) it shall be unlawful for any person to import

23 or bring into the United States, or export from the United

24 States, any plastic explosive which does not contain a de25 tection agent.
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1 ‘‘(2) Until the 15-year period that begins with the

2 date of entry into force of the Convention on the Marking

3 of Plastic Explosives with respect to the United States has

4 expired, paragraph (1) shall not apply to the importation

5 or bringing into the United States, or the exportation from

6 the United States, of any plastic explosive which was im7 ported, brought into, or manufactured in the United

8 States before the effective date of this subsection by or

9 on behalf of any agency of the United States performing

10 military or police functions (including any military Re11 serve component) or by or on behalf of the National Guard

12 of any State.

13 ‘‘(n)(1) It shall be unlawful for any person to ship,

14 transport, transfer, receive, or possess any plastic explo15 sive which does not contain a detection agent.

16 ‘‘(2)(A) During the 3-year period that begins on the

17 effective date of this subsection, paragraph (1) shall not

18 apply to the shipment, transportation, transfer, receipt, or

19 possession of any plastic explosive, which was imported,

20 brought into, or manufactured in the United States before

21 such effective date by any person.

22 ‘‘(B) Until the 15-year period that begins on the date

23 of entry into force of the Convention on the Marking of

24 Plastic Explosives with respect to the United States has

25 expired, paragraph (1) shall not apply to the shipment,
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1 transportation, transfer, receipt, or possession of any plas2 tic explosive, which was imported, brought into, or manu3 factured in the United States before the effective date of

4 this subsection by or on behalf of any agency of the United

5 States performing a military or police function (including

6 any military reserve component) or by or on behalf of the

7 National Guard of any State.

8 ‘‘(o) It shall be unlawful for any person, other than

9 an agency of the United States (including any military re10 serve component) or the National Guard of any State, pos11 sessing any plastic explosive on the effective date of this

12 subsection, to fail to report to the Secretary within 120

13 days after the effective date of this subsection the quantity

14 of such explosives possessed, the manufacturer or im15 porter, any marks of identification on such explosives, and

16 such other information as the Secretary may by regula17 tions prescribe.’’.

18 SEC. 503. CRIMINAL SANCTIONS.

19 Section 844(a) of title 18, United States Code, is

20 amended to read as follows:

21 ‘‘(a) Any person who violates subsections (a) through

22 (i) or (l) through (o) of section 842 of this title shall be

23 fined under this title, imprisoned not more than 10 years,

24 or both.’’.
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1 SEC. 504. EXCEPTIONS.

2 Section 845 of title 18, United States Code, is

3 amended—

4 (1) in subsection (a), by inserting ‘‘(l), (m), (n),

5 or (o) of section 842 and subsections’’ after ‘‘sub6 sections’’;

7 (2) in subsection (a)(1), by inserting ‘‘and

8 which pertains to safety’’ before the semicolon; and

9 (3) by adding at the end the following:

10 ‘‘(c) It is an affirmative defense against any proceed11 ing involving subsection (l), (m), (n), or (o) of section 842

12 of this title if the proponent proves by a preponderance

13 of the evidence that the plastic explosive—

14 ‘‘(1) consisted of a small amount of plastic ex15 plosive intended for and utilized solely in lawful—

16 ‘‘(A) research, development, or testing of

17 new or modified explosive materials;

18 ‘‘(B) training in explosives detection or de19 velopment or testing of explosives detection

20 equipment; or

21 ‘‘(C) forensic science purposes; or

22 ‘‘(2) was plastic explosive which, within 3 years

23 after the effective date of this paragraph, will be or

24 is incorporated in a military device within the terri25 tory of the United States and remains an integral

26 part of such military device, or is intended to be, or
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1 is incorporated in, and remains an integral part of

2 a military device that is intended to become, or has

3 become, the property of any agency of the United

4 States performing military or police functions (in5 cluding any military reserve component) or the Na6 tional Guard of any State, wherever such device is

7 located. For purposes of this subsection, the term

8 ‘military device’ includes shells, bombs, projectiles,

9 mines, missiles, rockets, shaped charges, grenades,

10 perforators, and similar devices lawfully manufac11 tured exclusively for military or police purposes.’’.

12 SEC. 505. EFFECTIVE DATE.

13 The amendments made by this title shall take effect

14 1 year after the date of the enactment of this Act.

15 TITLE VI—IMMIGRATION16 RELATED PROVISIONS

17 Subtitle A—Removal of Alien

18 Terrorists

19 PART 1—REMOVAL PROCEDURES FOR ALIEN

20 TERRORISTS

21 SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

22 (a) IN GENERAL.—The Immigration and Nationality

23 Act is amended—

24 (1) by adding at the end of the table of con25 tents the following:

‘‘TITLE V—SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS
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‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of special removal court; panel of attorneys to assist

with classified information.

‘‘Sec. 503. Application for initiation of special removal proceeding.

‘‘Sec. 504. Consideration of application.

‘‘Sec. 505. Special removal hearings.

‘‘Sec. 506. Consideration of classified information.

‘‘Sec. 507. Appeals.

‘‘Sec. 508. Detention and custody.’’;

1 and

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

3 ‘‘TITLE V—SPECIAL REMOVAL PROCEDURES

4 FOR ALIEN TERRORISTS

5 ‘‘DEFINITIONS

6 ‘‘SEC. 501. In this title:

7 ‘‘(1) The term ‘alien terrorist’ means an alien

8 described in section 241(a)(4)(B).

9 ‘‘(2) The term ‘classified information’ has the

10 meaning given such term in section 1(a) of the Clas11 sified Information Procedures Act (18 U.S.C. App.).

12 ‘‘(3) The term ‘national security’ has the mean13 ing given such term in section 1(b) of the Classified

14 Information Procedures Act (18 U.S.C. App.).

15 ‘‘(4) The term ‘special attorney’ means an at16 torney who is on the panel established under section

17 502(e).

18 ‘‘(5) The term ‘special removal court’ means

19 the court established under section 502(a).

20 ‘‘(6) The term ‘special removal hearing’ means

21 a hearing under section 505.
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1 ‘‘(7) The term ‘special removal proceeding’

2 means a proceeding under this title.

3 ‘‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL

4 OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFOR5 MATION

6 ‘‘SEC. 502. (a) IN GENERAL.—The Chief Justice of

7 the United States shall publicly designate 5 district court

8 judges from 5 of the United States judicial circuits who

9 shall constitute a court which shall have jurisdiction to

10 conduct all special removal proceedings.

11 ‘‘(b) TERMS.—Each judge designated under sub12 section (a) shall serve for a term of 5 years and shall be

13 eligible for redesignation, except that the four associate

14 judges first so designated shall be designated for terms

15 of one, two, three, and four years so that the term of one

16 judge shall expire each year.

17 ‘‘(c) CHIEF JUDGE.—The Chief Justice shall publicly

18 designate one of the judges of the special removal court

19 to be the chief judge of the court. The chief judge shall

20 promulgate rules to facilitate the functioning of the court

21 and shall be responsible for assigning the consideration

22 of cases to the various judges.

23 ‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF

24 PROCEEDINGS.—The provisions of section 103(c) of the

25 Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
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1 1803(c)) shall apply to proceedings under this title in the

2 same manner as they apply to proceedings under such Act.

3 ‘‘(e) ESTABLISHMENT OF PANEL OF SPECIAL AT4 TORNEYS.—The special removal court shall provide for the

5 designation of a panel of attorneys each of whom—

6 ‘‘(1) has a security clearance which affords the

7 attorney access to classified information, and

8 ‘‘(2) has agreed to represent permanent resi9 dent aliens with respect to classified information

10 under sections 506 and 507(c)(2)(B) in accordance

11 with (and subject to the penalties under) this title.

12 ‘‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL

13 PROCEEDING

14 ‘‘SEC. 503. (a) IN GENERAL.—Whenever the Attor15 ney General has classified information that an alien is an

16 alien terrorist, the Attorney General, in the Attorney Gen17 eral’s discretion, may seek removal of the alien under this

18 title through the filing with the special removal court of

19 a written application described in subsection (b) that seeks

20 an order authorizing a special removal proceeding under

21 this title. The application shall be submitted in camera

22 and ex parte and shall be filed under seal with the court.

23 ‘‘(b) CONTENTS OF APPLICATION.—Each application

24 for a special removal proceeding shall include all of the

25 following:
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1 ‘‘(1) The identity of the Department of Justice

2 attorney making the application.

3 ‘‘(2) The approval of the Attorney General or

4 the Deputy Attorney General for the filing of the ap5 plication based upon a finding by that individual

6 that the application satisfies the criteria and re7 quirements of this title.

8 ‘‘(3) The identity of the alien for whom author9 ization for the special removal proceeding is sought.

10 ‘‘(4) A statement of the facts and cir11 cumstances relied on by the Department of Justice

12 to establish that—

13 ‘‘(A) the alien is an alien terrorist and is

14 physically present in the United States, and

15 ‘‘(B) with respect to such alien, adherence

16 to the provisions of title II regarding the depor17 tation of aliens would pose a risk to the na18 tional security of the United States.

19 ‘‘(5) An oath or affirmation respecting each of

20 the facts and statements described in the previous

21 paragraphs.

22 ‘‘(c) RIGHT TO DISMISS.—The Department of Jus23 tice retains the right to dismiss a removal action under

24 this title at any stage of the proceeding.
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1 ‘‘CONSIDERATION OF APPLICATION

2 ‘‘SEC. 504. (a) IN GENERAL.—In the case of an ap3 plication under section 503 to the special removal court,

4 a single judge of the court shall be assigned to consider

5 the application. The judge, in accordance with the rules

6 of the court, shall consider the application and may con7 sider other information, including classified information,

8 presented under oath or affirmation. The judge shall con9 sider the application (and any hearing thereof) in camera

10 and ex parte. A verbatim record shall be maintained of

11 any such hearing.

12 ‘‘(b) APPROVAL OF ORDER.—The judge shall enter

13 ex parte the order requested in the application if the judge

14 finds, on the basis of such application and such other in15 formation (if any), that there is probable cause to believe

16 that—

17 ‘‘(1) the alien who is the subject of the applica18 tion has been correctly identified and is an alien ter19 rorist, and

20 ‘‘(2) adherence to the provisions of title II re21 garding the deportation of the identified alien would

22 pose a risk to the national security of the United

23 States.
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1 ‘‘(c) DENIAL OF ORDER.—If the judge denies the

2 order requested in the application, the judge shall prepare

3 a written statement of the judge’s reasons for the denial.

4 ‘‘(d) EXCLUSIVE PROVISIONS.—Whenever an order is

5 issued under this section with respect to an alien—

6 ‘‘(1) the alien’s rights regarding removal and

7 expulsion shall be governed solely by the provisions

8 of this title, and

9 ‘‘(2) except as they are specifically referenced,

10 no other provisions of this Act shall be applicable.

11 ‘‘SPECIAL REMOVAL HEARINGS

12 ‘‘SEC. 505. (a) IN GENERAL.—In any case in which

13 the application for the order is approved under section

14 504, a special removal hearing shall be conducted under

15 this section for the purpose of determining whether the

16 alien to whom the order pertains should be removed from

17 the United States on the grounds that the alien is an alien

18 terrorist. Consistent with section 506, the alien shall be

19 given reasonable notice of the nature of the charges

20 against the alien and a general account of the basis for

21 the charges. The alien shall be given notice, reasonable

22 under all the circumstances, of the time and place at which

23 the hearing will be held. The hearing shall be held as expe24 ditiously as possible.

25 ‘‘(b) USE OF SAME JUDGE.—The special removal

26 hearing shall be held before the same judge who granted
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1 the order pursuant to section 504 unless that judge is

2 deemed unavailable due to illness or disability by the chief

3 judge of the special removal court, or has died, in which

4 case the chief judge shall assign another judge to conduct

5 the special removal hearing. A decision by the chief judge

6 pursuant to the preceding sentence shall not be subject

7 to review by either the alien or the Department of Justice.

8 ‘‘(c) RIGHTS IN HEARING.—

9 ‘‘(1) PUBLIC HEARING.—The special removal

10 hearing shall be open to the public.

11 ‘‘(2) RIGHT OF COUNSEL.—The alien shall have

12 a right to be present at such hearing and to be rep13 resented by counsel. Any alien financially unable to

14 obtain counsel shall be entitled to have counsel as15 signed to represent the alien. Such counsel shall be

16 appointed by the judge pursuant to the plan for fur17 nishing representation for any person financially un18 able to obtain adequate representation for the dis19 trict in which the hearing is conducted, as provided

20 for in section 3006A of title 18, United States Code.

21 All provisions of that section shall apply and, for

22 purposes of determining the maximum amount of

23 compensation, the matter shall be treated as if a fel24 ony was charged.
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1 ‘‘(3) INTRODUCTION OF EVIDENCE.—The alien

2 shall have a right to introduce evidence on the

3 alien’s own behalf.

4 ‘‘(4) EXAMINATION OF WITNESSES.—Except as

5 provided in section 506, the alien shall have a rea6 sonable opportunity to examine the evidence against

7 the alien and to cross-examine any witness.

8 ‘‘(5) RECORD.—A verbatim record of the pro9 ceedings and of all testimony and evidence offered or

10 produced at such a hearing shall be kept.

11 ‘‘(6) DECISION BASED ON EVIDENCE AT HEAR12 ING.—The decision of the judge in the hearing shall

13 be based only on the evidence introduced at the

14 hearing, including evidence introduced under sub15 section (e).

16 ‘‘(7) NO RIGHT TO ANCILLARY RELIEF.—In the

17 hearing, the judge is not authorized to consider or

18 provide for relief from removal based on any of the

19 following:

20 ‘‘(A) Asylum under section 208.

21 ‘‘(B) Withholding of deportation under sec22 tion 243(h).

23 ‘‘(C) Suspension of deportation under sec24 tion 244(a) or 244(e).
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1 ‘‘(D) Adjustment of status under section

2 245.

3 ‘‘(E) Registry under section 249.

4 ‘‘(d) SUBPOENAS.—

5 ‘‘(1) REQUEST.—At any time prior to the con6 clusion of the special removal hearing, either the

7 alien or the Department of Justice may request the

8 judge to issue a subpoena for the presence of a

9 named witness (which subpoena may also command

10 the person to whom it is directed to produce books,

11 papers, documents, or other objects designated

12 therein) upon a satisfactory showing that the pres13 ence of the witness is necessary for the determina14 tion of any material matter. Such a request may be

15 made ex parte except that the judge shall inform the

16 Department of Justice of any request for a subpoena

17 by the alien for a witness or material if compliance

18 with such a subpoena would reveal evidence or the

19 source of evidence which has been introduced, or

20 which the Department of Justice has received per21 mission to introduce, in camera and ex parte pursu22 ant to subsection (e) and section 506, and the De23 partment of Justice shall be given a reasonable op24 portunity to oppose the issuance of such a subpoena.
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1 ‘‘(2) PAYMENT FOR ATTENDANCE.—If an appli2 cation for a subpoena by the alien also makes a

3 showing that the alien is financially unable to pay

4 for the attendance of a witness so requested, the

5 court may order the costs incurred by the process

6 and the fees of the witness so subpoenaed to be paid

7 from funds appropriated for the enforcement of title

8 II.

9 ‘‘(3) NATIONWIDE SERVICE.—A subpoena

10 under this subsection may be served anywhere in the

11 United States.

12 ‘‘(4) WITNESS FEES.—A witness subpoenaed

13 under this subsection shall receive the same fees and

14 expenses as a witness subpoenaed in connection with

15 a civil proceeding in a court of the United States.

16 ‘‘(5) NO ACCESS TO CLASSIFIED INFORMA17 TION.—Nothing in this subsection is intended to

18 allow an alien to have access to classified informa19 tion.

20 ‘‘(e) INTRODUCTION OF CLASSIFIED INFORMA21 TION.—

22 ‘‘(1) IN GENERAL.—Classified information that

23 has been summarized pursuant to section 506(b)

24 and classified information for which findings de25 scribed in section 506(b)(4)(B) have been made and
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1 for which no summary is provided shall be intro2 duced (either in writing or through testimony) in

3 camera and ex parte and neither the alien nor the

4 public shall be informed of such evidence or its

5 sources other than through reference to the sum6 mary (if any) provided pursuant to such section.

7 Notwithstanding the previous sentence, the Depart8 ment of Justice may, in its discretion and after co9 ordination with the originating agency, elect to in10 troduce such evidence in open session.

11 ‘‘(2) TREATMENT OF ELECTRONIC SURVEIL12 LANCE INFORMATION.—

13 ‘‘(A) USE OF ELECTRONIC SURVEIL14 LANCE.—The Government is authorized to use

15 in a special removal proceeding the fruits of

16 electronic surveillance and unconsented physical

17 searches authorized under the Foreign Intel18 ligence Surveillance Act of 1978 (50 U.S.C.

19 1801 et seq.) without regard to subsections (c),

20 (e), (f), (g), and (h) of section 106 of that Act.

21 ‘‘(B) NO DISCOVERY OF ELECTRONIC SUR22 VEILLANCE INFORMATION.—An alien subject to

23 removal under this title shall have no right of

24 discovery of information derived from electronic

25 surveillance authorized under the Foreign Intel-
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1 ligence Surveillance Act of 1978 or otherwise

2 for national security purposes. Nor shall such

3 alien have the right to seek suppression of evi4 dence.

5 ‘‘(C) CERTAIN PROCEDURES NOT APPLICA6 BLE.—The provisions and requirements of sec7 tion 3504 of title 18, United States Code, shall

8 not apply to procedures under this title.

9 ‘‘(3) RIGHTS OF UNITED STATES.—Nothing in

10 this section shall prevent the United States from

11 seeking protective orders and from asserting privi12 leges ordinarily available to the United States to

13 protect against the disclosure of classified informa14 tion, including the invocation of the military and

15 state secrets privileges.

16 ‘‘(f) INCLUSION OF CERTAIN EVIDENCE.—The Fed17 eral Rules of Evidence shall not apply to hearings under

18 this section. Evidence introduced at the special removal

19 hearing, either in open session or in camera and ex parte,

20 may, in the discretion of the Department of Justice, in21 clude all or part of the information presented under sec22 tion 504 used to obtain the order for the hearing under

23 this section.

24 ‘‘(g) ARGUMENTS.—Following the receipt of evi25 dence, the attorneys for the Department of Justice and
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1 for the alien shall be given fair opportunity to present ar2 gument as to whether the evidence is sufficient to justify

3 the removal of the alien. The attorney for the Department

4 of Justice shall open the argument. The attorney for the

5 alien shall be permitted to reply. The attorney for the De6 partment of Justice shall then be permitted to reply in

7 rebuttal. The judge may allow any part of the argument

8 that refers to evidence received in camera and ex parte

9 to be heard in camera and ex parte.

10 ‘‘(h) BURDEN OF PROOF.—In the hearing the De11 partment of Justice has the burden of showing by clear

12 and convincing evidence that the alien is subject to re13 moval because the alien is an alien terrorist. If the judge

14 finds that the Department of Justice has met this burden,

15 the judge shall order the alien removed and detained pend16 ing removal from the United States. If the alien was re17 leased pending the special removal hearing, the judge shall

18 order the Attorney General to take the alien into custody.

19 ‘‘(i) WRITTEN ORDER.—At the time of rendering a

20 decision as to whether the alien shall be removed, the

21 judge shall prepare a written order containing a statement

22 of facts found and conclusions of law. Any portion of the

23 order that would reveal the substance or source of infor24 mation received in camera and ex parte pursuant to sub-
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1 section (e) shall not be made available to the alien or the

2 public.

3 ‘‘CONSIDERATION OF CLASSIFIED INFORMATION

4 ‘‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX

5 PARTE.—In any case in which the application for the

6 order authorizing the special procedures of this title is ap7 proved, the judge who granted the order shall consider

8 each item of classified information the Department of Jus9 tice proposes to introduce in camera and ex parte at the

10 special removal hearing and shall order the introduction

11 of such information pursuant to section 505(e) if the judge

12 determines the information to be relevant.

13 ‘‘(b) PREPARATION AND PROVISION OF WRITTEN

14 SUMMARY.—

15 ‘‘(1) PREPARATION.—The Department of Jus16 tice shall prepare a written summary of such classi17 fied information which does not pose a risk to na18 tional security.

19 ‘‘(2) CONDITIONS FOR APPROVAL BY JUDGE

20 AND PROVISION TO ALIEN.—The judge shall approve

21 the summary so long as the judge finds that the

22 summary is sufficient—

23 ‘‘(A) to inform the alien of the general na24 ture of the evidence that the alien is an alien

25 terrorist, and
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1 ‘‘(B) to permit the alien to prepare a de2 fense against deportation.

3 The Department of Justice shall cause to be deliv4 ered to the alien a copy of the summary.

5 ‘‘(3) OPPORTUNITY FOR CORRECTION AND

6 RESUBMITTAL.—If the judge does not approve the

7 summary, the judge shall provide the Department a

8 reasonable opportunity to correct the deficiencies

9 identified by the court and to submit a revised sum10 mary.

11 ‘‘(4) CONDITIONS FOR TERMINATION OF PRO12 CEEDINGS IF SUMMARY NOT APPROVED.—

13 ‘‘(A) IN GENERAL.—If, subsequent to the

14 opportunity described in paragraph (3), the

15 judge does not approve the summary, the judge

16 shall terminate the special removal hearing un17 less the judge makes the findings described in

18 subparagraph (B).

19 ‘‘(B) FINDINGS.—The findings described

20 in this subparagraph are, with respect to an

21 alien, that—

22 ‘‘(i) the continued presence of the

23 alien in the United States, and

24 ‘‘(ii) the provision of the required

25 summary,
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1 would likely cause serious and irreparable harm

2 to the national security or death or serious bod3 ily injury to any person.

4 ‘‘(5) CONTINUATION OF HEARING WITHOUT

5 SUMMARY.—If a judge makes the findings described

6 in paragraph (4)(B)—

7 ‘‘(A) if the alien involved is an alien law8 fully admitted for permanent residence, the pro9 cedures described in subsection (c) shall apply;

10 and

11 ‘‘(B) in all cases the special removal hear12 ing shall continue, the Department of Justice

13 shall cause to be delivered to the alien a state14 ment that no summary is possible, and the clas15 sified information submitted in camera and ex

16 parte may be used pursuant to section 505(e).

17 ‘‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHAL18 LENGES TO CLASSIFIED INFORMATION BY SPECIAL AT19 TORNEYS IN CASE OF LAWFUL PERMANENT ALIENS.—

20 ‘‘(1) IN GENERAL.—The procedures described

21 in this subsection are that the judge (under rules of

22 the special removal court) shall designate a special

23 attorney (as defined in section 501(4)), (and the

24 alien facing deportation under these procedures, may

25 choose which special attorney shall be so designated,
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1 if the alien makes that choice not later than 45 days

2 after the date on which the alien receives notice that

3 the Government intends to use such procedures) to

4 assist the alien and the court—

5 ‘‘(A) by reviewing in camera the classified

6 information on behalf of the alien, and

7 ‘‘(B) by challenging through an in camera

8 proceeding the veracity of the evidence con9 tained in the classified information.

10 ‘‘(2) RESTRICTIONS ON DISCLOSURE.—A spe11 cial attorney receiving classified information under

12 paragraph (1)—

13 ‘‘(A) shall not disclosure the information to

14 the alien or to any other attorney representing

15 the alien, and

16 ‘‘(B) who discloses such information in vio17 lation of subparagraph (A) shall be subject to

18 a fine under title 18, United States Code, and

19 imprisoned for not less than 10 years nor more

20 than 25 years.

21 ‘‘APPEALS

22 ‘‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICA23 TIONS FOR ORDERS.—The Department of Justice may

24 seek a review of the denial of an order sought in an appli25 cation by the United States Court of Appeals for the Dis26 trict of Columbia Circuit by notice of appeal which must
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1 be filed within 20 days after the date of such denial. In

2 such a case the entire record of the proceeding shall be

3 transmitted to the Court of Appeals under seal and the

4 Court of Appeals shall hear the matter ex parte. In such

5 a case the Court of Appeals shall review questions of law

6 de novo, but a prior finding on any question of fact shall

7 not be set aside unless such finding was clearly erroneous.

8 ‘‘(b) APPEALS OF DETERMINATIONS ABOUT SUM9 MARIES OF CLASSIFIED INFORMATION.—Either party

10 may take an interlocutory appeal to the United States

11 Court of Appeals for the District of Columbia Circuit of—

12 ‘‘(1) any determination by the judge pursuant

13 to section 506(a)—

14 ‘‘(A) concerning whether an item of evi15 dence may be introduced in camera and ex

16 parte, or

17 ‘‘(B) concerning the contents of any sum18 mary of evidence to be introduced in camera

19 and ex parte prepared pursuant to section

20 506(b); or

21 ‘‘(2) the refusal of the court to make the find22 ings permitted by section 506(b)(4)(B).

23 In any interlocutory appeal taken pursuant to this sub24 section, the entire record, including any proposed order

25 of the judge or summary of evidence, shall be transmitted
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1 to the Court of Appeals under seal and the matter shall

2 be heard ex parte.

3 ‘‘(c) APPEALS OF DECISION IN HEARING.—

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

5 the decision of the judge after a special removal

6 hearing may be appealed by either the alien or the

7 Department of Justice to the United States Court

8 of Appeals for the District of Columbia Circuit by

9 notice of appeal.

10 ‘‘(2) AUTOMATIC APPEALS IN CASES OF PERMA11 NENT RESIDENT ALIENS IN WHICH NO SUMMARY

12 PROVIDED.—

13 ‘‘(A) IN GENERAL.—Unless the alien

14 waives the right to a review under this para15 graph, in any case involving an alien lawfully

16 admitted for permanent residence who is denied

17 a written summary of classified information

18 under section 506(b)(4) and with respect to

19 which the procedures described in section

20 506(c) apply, any order issued by the judge

21 shall be reviewed by the Court of Appeals for

22 the District of Columbia Circuit.

23 ‘‘(B) USE OF SPECIAL ATTORNEY.—With

24 respect to any issue relating to classified infor25 mation that arises in such review, the alien
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1 shall be represented only by the special attorney

2 designated under section 506(c)(1) on behalf of

3 the alien.

4 ‘‘(d) GENERAL PROVISIONS RELATING TO AP5 PEALS.—

6 ‘‘(1) NOTICE.—A notice of appeal pursuant to

7 subsection (b) or (c) (other than under subsection

8 (c)(2)) must be filed within 20 days after the date

9 of the order with respect to which the appeal is

10 sought, during which time the order shall not be exe11 cuted.

12 ‘‘(2) TRANSMITTAL OF RECORD.—In an appeal

13 or review to the Court of Appeals pursuant to sub14 section (b) or (c)—

15 ‘‘(A) the entire record shall be transmitted

16 to the Court of Appeals, and

17 ‘‘(B) information received pursuant to sec18 tion 505(e), and any portion of the judge’s

19 order that would reveal the substance or source

20 of such information, shall be transmitted under

21 seal.

22 ‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In

23 an appeal or review to the Court of Appeals pursu24 ant to subsection (b) or (c):
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1 ‘‘(A) REVIEW.—The appeal or review shall

2 be heard as expeditiously as practicable and the

3 Court may dispense with full briefing and hear

4 the matter solely on the record of the judge of

5 the special removal court and on such briefs or

6 motions as the Court may require to be filed by

7 the parties.

8 ‘‘(B) DISPOSITION.—The Court shall up9 hold or reverse the judge’s order within 60 days

10 after the date of the issuance of the judge’s

11 final order.

12 ‘‘(4) STANDARD FOR REVIEW.—In an appeal or

13 review to the Court of Appeals pursuant to sub14 section (b) or (c):

15 ‘‘(A) QUESTIONS OF LAW.—The Court of

16 Appeals shall review all questions of law de

17 novo.

18 ‘‘(B) QUESTIONS OF FACT.—(i) Subject to

19 clause (ii), a prior finding on any question of

20 fact shall not be set aside unless such finding

21 was clearly erroneous.

22 ‘‘(ii) In the case of a review under sub23 section (c)(2) in which an alien lawfully admit24 ted for permanent residence was denied a writ25 ten summary of classified information under
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1 section 506(b)(4), the Court of Appeals shall

2 review questions of fact de novo.

3 ‘‘(e) CERTIORARI.—Following a decision by the Court

4 of Appeals pursuant to subsection (b) or (c), either the

5 alien or the Department of Justice may petition the Su6 preme Court for a writ of certiorari. In any such case,

7 any information transmitted to the Court of Appeals

8 under seal shall, if such information is also submitted to

9 the Supreme Court, be transmitted under seal. Any order

10 of removal shall not be stayed pending disposition of a

11 writ of certiorari except as provided by the Court of Ap12 peals or a Justice of the Supreme Court.

13 ‘‘(f) APPEALS OF DETENTION ORDERS.—

14 ‘‘(1) IN GENERAL.— The provisions of sections

15 3145 through 3148 of title 18, United States Code,

16 pertaining to review and appeal of a release or de17 tention order, penalties for failure to appear, pen18 alties for an offense committed while on release, and

19 sanctions for violation of a release condition shall

20 apply to an alien to whom section 508(b)(1) applies.

21 In applying the previous sentence—

22 ‘‘(A) for purposes of section 3145 of such

23 title an appeal shall be taken to the United

24 States Court of Appeals for the District of Co25 lumbia Circuit, and
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1 ‘‘(B) for purposes of section 3146 of such

2 title the alien shall be considered released in

3 connection with a charge of an offense punish4 able by life imprisonment.

5 ‘‘(2) NO REVIEW OF CONTINUED DETENTION.—

6 The determinations and actions of the Attorney

7 General pursuant to section 508(c)(2)(C) shall not

8 be subject to judicial review, including application

9 for a writ of habeas corpus, except for a claim by

10 the alien that continued detention violates the alien’s

11 rights under the Constitution. Jurisdiction over any

12 such challenge shall lie exclusively in the United

13 States Court of Appeals for the District of Columbia

14 Circuit.

15 ‘‘DETENTION AND CUSTODY

16 ‘‘SEC. 508. (a) INITIAL CUSTODY.—

17 ‘‘(1) UPON FILING APPLICATION.—Subject to

18 paragraphs (2) and (3), the Attorney General may

19 take into custody any alien with respect to whom an

20 application under section 503 has been filed and,

21 notwithstanding any other provision of law, may re22 tain such an alien in custody in accordance with the

23 procedures authorized by this title.

24 ‘‘(2) SPECIAL RULES FOR PERMANENT RESI25 DENT ALIENS.—An alien lawfully admitted for per26 manent residence shall be entitled to a release hear-
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1 ing before the judge assigned to hear the special re2 moval hearing. Such an alien shall be detained pend3 ing the special removal hearing, unless the alien

4 demonstrates to the court that—

5 ‘‘(A) the alien, if released upon such terms

6 and conditions as the court may prescribe (in7 cluding the posting of any monetary amount),

8 is not likely to flee, and

9 ‘‘(B) the alien’s release will not endanger

10 national security or the safety of any person or

11 the community.

12 The judge may consider classified information sub13 mitted in camera and ex parte in making a deter14 mination under this paragraph.

15 ‘‘(3) RELEASE IF ORDER DENIED AND NO RE16 VIEW SOUGHT.—

17 ‘‘(A) IN GENERAL.—Subject to subpara18 graph (B), if a judge of the special removal

19 court denies the order sought in an application

20 with respect to an alien and the Department of

21 Justice does not seek review of such denial, the

22 alien shall be released from custody.

23 ‘‘(B) APPLICATION OF REGULAR PROCE24 DURES.—Subparagraph (A) shall not prevent
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1 the arrest and detention of the alien pursuant

2 to title II.

3 ‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND

4 REVIEW SOUGHT.—

5 ‘‘(1) IN GENERAL.—If a judge of the special re6 moval court denies the order sought in an applica7 tion with respect to an alien and the Department of

8 Justice seeks review of such denial, the judge shall

9 release the alien from custody subject to the least re10 strictive condition or combination of conditions of re11 lease described in section 3142(b) and clauses (i)

12 through (xiv) of section 3142(c)(1)(B) of title 18,

13 United States Code, that will reasonably assure the

14 appearance of the alien at any future proceeding

15 pursuant to this title and will not endanger the safe16 ty of any other person or the community.

17 ‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If

18 the judge finds no such condition or combination of

19 conditions, the alien shall remain in custody until

20 the completion of any appeal authorized by this title.

21 ‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—

22 ‘‘(1) RELEASE.—

23 ‘‘(A) IN GENERAL.—Subject to subpara24 graph (B), if the judge decides pursuant to sec-
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1 tion 505(i) that an alien should not be removed,

2 the alien shall be released from custody.

3 ‘‘(B) CUSTODY PENDING APPEAL.—If the

4 Attorney General takes an appeal from such de5 cision, the alien shall remain in custody, subject

6 to the provisions of section 3142 of title 18,

7 United States Code.

8 ‘‘(2) CUSTODY AND REMOVAL.—

9 ‘‘(A) CUSTODY.—If the judge decides pur10 suant to section 505(i) that an alien shall be re11 moved, the alien shall be detained pending the

12 outcome of any appeal. After the conclusion of

13 any judicial review thereof which affirms the re14 moval order, the Attorney General shall retain

15 the alien in custody and remove the alien to a

16 country specified under subparagraph (B).

17 ‘‘(B) REMOVAL.—

18 ‘‘(i) IN GENERAL.—The removal of an

19 alien shall be to any country which the

20 alien shall designate if such designation

21 does not, in the judgment of the Attorney

22 General, in consultation with the Secretary

23 of State, impair the obligation of the

24 United States under any treaty (including

25 a treaty pertaining to extradition) or other-
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1 wise adversely affect the foreign policy of

2 the United States.

3 ‘‘(ii) ALTERNATE COUNTRIES.—If the

4 alien refuses to designate a country to

5 which the alien wishes to be removed or if

6 the Attorney General, in consultation with

7 the Secretary of State, determines that re8 moval of the alien to the country so des9 ignated would impair a treaty obligation or

10 adversely affect United States foreign pol11 icy, the Attorney General shall cause the

12 alien to be removed to any country willing

13 to receive such alien.

14 ‘‘(C) CONTINUED DETENTION.—If no

15 country is willing to receive such an alien, the

16 Attorney General may, notwithstanding any

17 other provision of law, retain the alien in cus18 tody. The Attorney General, in coordination

19 with the Secretary of State, shall make periodic

20 efforts to reach agreement with other countries

21 to accept such an alien and at least every 6

22 months shall provide to the attorney represent23 ing the alien at the special removal hearing a

24 written report on the Attorney General’s ef25 forts. Any alien in custody pursuant to this
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1 subparagraph shall be released from custody

2 solely at the discretion of the Attorney General

3 and subject to such conditions as the Attorney

4 General shall deem appropriate.

5 ‘‘(D) FINGERPRINTING.—Before an alien

6 is transported out of the United States pursu7 ant to this subsection, or pursuant to an order

8 of exclusion because such alien is excludable

9 under section 212(a)(3)(B), the alien shall be

10 photographed and fingerprinted, and shall be

11 advised of the provisions of section 276(b).

12 ‘‘(d) CONTINUED DETENTION PENDING TRIAL.—

13 ‘‘(1) DELAY IN REMOVAL.—Notwithstanding

14 the provisions of subsection (c)(2), the Attorney

15 General may hold in abeyance the removal of an

16 alien who has been ordered removed pursuant to this

17 title to allow the trial of such alien on any Federal

18 or State criminal charge and the service of any sen19 tence of confinement resulting from such a trial.

20 ‘‘(2) MAINTENANCE OF CUSTODY.—Pending the

21 commencement of any service of a sentence of con22 finement by an alien described in paragraph (1),

23 such an alien shall remain in the custody of the At24 torney General, unless the Attorney General deter25 mines that temporary release of the alien to the cus-
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1 tody of State authorities for confinement in a State

2 facility is appropriate and would not endanger na3 tional security or public safety.

4 ‘‘(3) SUBSEQUENT REMOVAL.—Following the

5 completion of a sentence of confinement by an alien

6 described in paragraph (1) or following the comple7 tion of State criminal proceedings which do not re8 sult in a sentence of confinement of an alien released

9 to the custody of State authorities pursuant to para10 graph (2), such an alien shall be returned to the

11 custody of the Attorney General who shall proceed

12 to carry out the provisions of subsection (c)(2) con13 cerning removal of the alien.

14 ‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT15 ING TO ESCAPE OF PRISONERS.—For purposes of sections

16 751 and 752 of title 18, United States Code, an alien in

17 the custody of the Attorney General pursuant to this title

18 shall be subject to the penalties provided by those sections

19 in relation to a person committed to the custody of the

20 Attorney General by virtue of an arrest on a charge of

21 a felony.

22 ‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—

23 ‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien

24 in the custody of the Attorney General pursuant to

25 this title shall be given reasonable opportunity to
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1 communicate with and receive visits from members

2 of the alien’s family, and to contact, retain, and

3 communicate with an attorney.

4 ‘‘(2) DIPLOMATIC CONTACT.—An alien in the

5 custody of the Attorney General pursuant to this

6 title shall have the right to contact an appropriate

7 diplomatic or consular official of the alien’s country

8 of citizenship or nationality or of any country pro9 viding representation services therefore. The Attor10 ney General shall notify the appropriate embassy,

11 mission, or consular office of the alien’s detention.’’.

12 (b) JURISDICTION OVER EXCLUSION ORDERS FOR

13 ALIEN TERRORISTS.—Section 106(b) of the Immigration

14 and Nationality Act (8 U.S.C. 1105a(b)) is amended by

15 adding at the end the following sentence: ‘‘Jurisdiction to

16 review an order entered pursuant to the provisions of sec17 tion 235(c) concerning an alien excludable under section

18 212(a)(3)(B) shall rest exclusively in the United States

19 Court of Appeals for the District of Columbia Circuit.’’.

20 (c) CRIMINAL PENALTY FOR REENTRY OF ALIEN

21 TERRORISTS.—Section 276(b) of such Act (8 U.S.C.

22 1326(b)) is amended—

23 (1) by striking ‘‘or’’ at the end of paragraph

24 (1),
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1 (2) by striking the period at the end of para2 graph (2) and inserting ‘‘; or’’, and

3 (3) by inserting after paragraph (2) the follow4 ing new paragraph:

5 ‘‘(3) who has been excluded from the United

6 States pursuant to section 235(c) because the alien

7 was excludable under section 212(a)(3)(B) or who

8 has been removed from the United States pursuant

9 to the provisions of title V, and who thereafter, with10 out the permission of the Attorney General, enters

11 the United States or attempts to do so shall be fined

12 under title 18, United States Code, and imprisoned

13 for a period of 10 years, which sentence shall not

14 run concurrently with any other sentence.’’.

15 (d) ELIMINATION OF CUSTODY REVIEW BY HABEAS

16 CORPUS.—Section 106(a) of such Act (8 U.S.C.

17 1105a(a)) is amended—

18 (1) by adding ‘‘and’’ at the end of paragraph

19 (8),

20 (2) by striking ‘‘; and’’ at the end of paragraph

21 (9) and inserting a period, and

22 (3) by striking paragraph (10).

23 (e) EFFECTIVE DATE.—The amendments made by

24 this section shall take effect on the date of the enactment

25 of this Act and shall apply to all aliens without regard
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1 to the date of entry or attempted entry into the United

2 States.

3 SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF

4 ALIEN TERRORISTS.

5 In addition to amounts otherwise appropriated, there

6 are authorized to be appropriated for each fiscal year (be7 ginning with fiscal year 1996) $5,000,000 to the Immigra8 tion and Naturalization Service for the purpose of detain9 ing and removing alien terrorists.

10 PART 2—EXCLUSION AND DENIAL OF ASYLUM

11 FOR ALIEN TERRORISTS

12 SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS

13 GROUND FOR EXCLUSION.

14 (a) IN GENERAL.—Section 212(a)(3)(B) of the Im15 migration and Nationality Act (8 U.S.C. 1182(a)(3)(B))

16 is amended—

17 (1) in clause (i)—

18 (A) by striking ‘‘or’’ at the end of

19 subclause (I),

20 (B) in subclause (II), by inserting ‘‘en21 gaged in or’’ after ‘‘believe,’’, and

22 (C) by inserting after subclause (II) the

23 following:

24 ‘‘(III) is a representative of a ter25 rorist organization, or
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1 ‘‘(IV) is a member of a terrorist

2 organization which the alien knows or

3 should have known is a terrorist orga4 nization,’’; and

5 (2) by adding at the end the following:

6 ‘‘(iv) TERRORIST ORGANIZATION DE7 FINED.—

8 ‘‘(I) DESIGNATION.—For pur9 poses of this Act, the term ‘terrorist

10 organization’ means a foreign organi11 zation designated in the Federal Reg12 ister as a terrorist organization by the

13 Secretary of State, in consultation

14 with the Attorney General, based

15 upon a finding that the organization

16 engages in, or has engaged in, terror17 ist activity that threatens the national

18 security of the United States.

19 ‘‘(II) PROCESS.—At least 3 days

20 before designating an organization as

21 a terrorist organization through publi22 cation in the Federal Register, the

23 Secretary of State, in consultation

24 with the Attorney General, shall notify

25 the Committees on the Judiciary of
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1 the House of Representatives and the

2 Senate of the intent to make such

3 designation and the findings and basis

4 for designation. The Secretary of

5 State, in consultation with the Attor6 ney General, shall create an adminis7 trative record and may use classified

8 information in making such a designa9 tion. Such information is not subject

10 to disclosure so long as it remains

11 classified, except that it may be dis12 closed to a court ex parte and in cam13 era under subclause (III) for purposes

14 of judicial review of such a designa15 tion. The Secretary of State, in con16 sultation with the Attorney General,

17 shall provide notice and an oppor18 tunity for public comment prior to the

19 creation of the administrative record

20 under this subclause.

21 ‘‘(III) JUDICIAL REVIEW.—Any

22 organization designated as a terrorist

23 organization under the preceding pro24 visions of this clause may, not later

25 than 30 days after the date of the
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1 designation, seek judicial review there2 of in the United States Court of Ap3 peals for the District of Columbia Cir4 cuit. Such review shall be based solely

5 upon the administrative record, except

6 that the Government may submit, for

7 ex parte and in camera review, classi8 fied information considered in making

9 the designation. The court shall hold

10 unlawful and set aside the designation

11 if the court finds the designation to be

12 arbitrary, capricious, an abuse of dis13 cretion, or otherwise not in accord14 ance with law, lacking substantial

15 support in the administrative record

16 taken as a whole or in classified infor17 mation submitted to the court under

18 the previous sentence, contrary to

19 constitutional right, power, privilege,

20 or immunity, or not in accord with the

21 procedures required by law.

22 ‘‘(IV) CONGRESSIONAL AUTHOR23 ITY TO REMOVE DESIGNATION.—The

24 Congress reserves the authority to re25 move, by law, the designation of an
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1 organization as a terrorist organiza2 tion for purposes of this Act.

3 ‘‘(V) SUNSET.—Subject to

4 subclause (IV), the designation under

5 this clause of an organization as a

6 terrorist organization shall be effective

7 for a period of 2 years from the date

8 of the initial publication of the terror9 ist organization designation by the

10 Secretary of State. At the end of such

11 period (but no sooner than 60 days

12 prior to the termination of the 2-year13 designation period), the Secretary of

14 State, in consultation with the Attor15 ney General, may redesignate the or16 ganization in conformity with the re17 quirements of this clause for designa18 tion of the organization.

19 ‘‘(VI) OTHER AUTHORITY TO RE20 MOVE DESIGNATION.—The Secretary

21 of State, in consultation with the At22 torney General, may remove the ter23 rorist organization designation from

24 any organization previously designated

25 as such an organization, at any time,
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1 so long as the Secretary publishes no2 tice of the removal in the Federal

3 Register. The Secretary is not re4 quired to report to Congress prior to

5 so removing such designation.

6 ‘‘(v) REPRESENTATIVE DEFINED.—In

7 this subparagraph, the term ‘representa8 tive’ includes an officer, official, or spokes9 man of the organization and any person

10 who directs, counsels, commands or in11 duces the organization or its members to

12 engage in terrorist activity. The determina13 tion by the Secretary of State or the Attor14 ney General that an alien is a representa15 tive of a terrorist organization shall be

16 subject to judicial review.’’.

17 (b) EFFECTIVE DATE.—The amendments made by

18 this section shall take effect on the date of the enactment

19 of this Act.

20 SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

21 (a) IN GENERAL.—Section 208(a) of the Immigra22 tion and Nationality Act (8 U.S.C. 1158(a)) is amended

23 by adding at the end the following: ‘‘The Attorney General

24 may not grant an alien asylum if the Attorney General

25 determines that the alien is excludable under subclause
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1 (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable

2 under section 241(a)(4)(B).’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall take effect on the date of the enact5 ment of this Act and apply to asylum determinations made

6 on or after such date.

7 SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR8 ISTS.

9 (a) WITHHOLDING OF DEPORTATION.—Section

10 243(h)(2) of the Immigration and Nationality Act (8

11 U.S.C. 1253(h)(2)) is amended by adding at the end the

12 following new sentence: ‘‘For purposes of subparagraph

13 (D), an alien who is described in section 241(a)(4)(B)

14 shall be considered to be an alien for whom there are rea15 sonable grounds for regarding as a danger to the security

16 of the United States.’’.

17 (b) SUSPENSION OF DEPORTATION.—Section 244(a)

18 of such Act (8 U.S.C. 1254(a)) is amended by striking

19 ‘‘section 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B)

20 or (D) of section 241(a)(4)’’.

21 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of

22 such Act (8 U.S.C. 1254(e)(2)) is amended by inserting

23 ‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deport24 able’’.
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1 (d) ADJUSTMENT OF STATUS.—Section 245(c) of

2 such Act (8 U.S.C. 1255(c)) is amended—

3 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

4 (2) by inserting before the period at the end the

5 following: ‘‘, or (6) an alien who is deportable under

6 section 241(a)(4)(B)’’.

7 (e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.

8 1259(d)) is amended by inserting ‘‘and is not deportable

9 under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen10 ship’’.

11 (f) EFFECTIVE DATE.—The amendments made by

12 this section shall take effect on the date of the enactment

13 of this Act and shall apply to applications filed before, on,

14 or after such date if final action has not been taken on

15 them before such date.

16 Subtitle B—Expedited Exclusion

17 SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION

18 OFFICERS.

19 (a) IN GENERAL.—Subsection (b) of section 235 of

20 the Immigration and Nationality Act (8 U.S.C. 1225) is

21 amended to read as follows:

22 ‘‘(b)(1)(A) If the examining immigration officer de23 termines that an alien seeking entry—

24 ‘‘(i) is excludable under section 212(a)(6)(C) or

25 212(a)(7), and
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1 ‘‘(ii) does not indicate either an intention to

2 apply for asylum under section 208 or a fear of per3 secution,

4 the officer shall order the alien excluded from the United

5 States without further hearing or review.

6 ‘‘(B) The examining immigration officer shall refer

7 for an interview by an asylum officer under subparagraph

8 (C) any alien who is excludable under section 212(a)(6)(C)

9 or 212(a)(7) and has indicated an intention to apply for

10 asylum under section 208 or a fear of persecution.

11 ‘‘(C)(i) An asylum officer shall promptly conduct

12 interviews of aliens referred under subparagraph (B).

13 ‘‘(ii) If the officer determines at the time of the inter14 view that an alien has a credible fear of persecution (as

15 defined in clause (v)), the alien shall be detained for an

16 asylum hearing before an asylum officer under section

17 208.

18 ‘‘(iii)(I) Subject to subclause (II), if the officer deter19 mines that the alien does not have a credible fear of perse20 cution, the officer shall order the alien excluded from the

21 United States without further hearing or review.

22 ‘‘(II) The Attorney General shall promulgate regula23 tions to provide for the immediate review by a supervisory

24 asylum office at the port of entry of a determination under

25 subclause (I).
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1 ‘‘(iv) The Attorney General shall provide information

2 concerning the asylum interview described in this subpara3 graph to aliens who may be eligible. An alien who is eligi4 ble for such interview may consult with a person or per5 sons of the alien’s choosing prior to the interview or any

6 review thereof, according to regulations prescribed by the

7 Attorney General. Such consultation shall be at no expense

8 to the Government and shall not delay the process.

9 ‘‘(v) For purposes of this subparagraph, the term

10 ‘credible fear of persecution’ means (I) that it is more

11 probable than not that the statements made by the alien

12 in support of the alien’s claim are true, and (II) that there

13 is a significant possibility, in light of such statements and

14 of such other facts as are known to the officer, that the

15 alien could establish eligibility for asylum under section

16 208.

17 ‘‘(D) As used in this paragraph, the term ‘asylum of18 ficer’ means an immigration officer who—

19 ‘‘(i) has had professional training in country

20 conditions, asylum law, and interview techniques;

21 and

22 ‘‘(ii) is supervised by an officer who meets the

23 condition in clause (i).

24 ‘‘(E)(i) An exclusion order entered in accordance with

25 subparagraph (A) is not subject to administrative appeal,
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1 except that the Attorney General shall provide by regula2 tion for prompt review of such an order against an alien

3 who claims under oath, or as permitted under penalty of

4 perjury under section 1746 of title 28, United States

5 Code, after having been warned of the penalties for falsely

6 making such claim under such conditions, to have been

7 lawfully admitted for permanent residence.

8 ‘‘(ii) In any action brought against an alien under

9 section 275(a) or section 276, the court shall not have ju10 risdiction to hear any claim attacking the validity of an

11 order of exclusion entered under subparagraph (A).

12 ‘‘(2)(A) Except as provided in subparagraph (B), if

13 the examining immigration officer determines that an

14 alien seeking entry is not clearly and beyond a doubt enti15 tled to enter, the alien shall be detained for a hearing be16 fore a special inquiry officer.

17 ‘‘(B) The provisions of subparagraph (A) shall not

18 apply—

19 ‘‘(i) to an alien crewman,

20 ‘‘(ii) to an alien described in paragraph (1)(A)

21 or (1)(C)(iii)(I), or

22 ‘‘(iii) if the conditions described in section

23 273(d) exist.

24 ‘‘(3) The decision of the examining immigration offi25 cer, if favorable to the admission of any alien, shall be
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1 subject to challenge by any other immigration officer and

2 such challenge shall operate to take the alien whose privi3 lege to enter is so challenged, before a special inquiry offi4 cer for a hearing on exclusion of the alien.’’.

5 (b) CONFORMING AMENDMENT.—Section 237(a) of

6 such Act (8 U.S.C. 1227(a)) is amended—

7 (1) in the second sentence of paragraph (1), by

8 striking ‘‘Deportation’’ and inserting ‘‘Subject to

9 section 235(b)(1), deportation’’, and

10 (2) in the first sentence of paragraph (2), by

11 striking ‘‘If’’ and inserting ‘‘Subject to section

12 235(b)(1), if’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall take effect on the first day of the first

15 month that begins more than 90 days after the date of

16 the enactment of this Act.

17 SEC. 622. JUDICIAL REVIEW.

18 (a) PRECLUSION OF JUDICIAL REVIEW.—Section

19 106 of the Immigration and Nationality Act (8 U.S.C.

20 1105a) is amended—

21 (1) by amending the section heading to read as

22 follows:

23 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND

24 EXCLUSION, AND SPECIAL EXCLUSION’’; and

25 (2) by adding at the end the following new sub26 section:
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1 ‘‘(e)(1) Notwithstanding any other provision of law,

2 and except as provided in this subsection, no court shall

3 have jurisdiction to review any individual determination,

4 or to entertain any other cause or claim, arising from or

5 relating to the implementation or operation of section

6 235(b)(1). Regardless of the nature of the action or claim,

7 or the party or parties bringing the action, no court shall

8 have jurisdiction or authority to enter declaratory, injunc9 tive, or other equitable relief not specifically authorized in

10 this subsection nor to certify a class under Rule 23 of the

11 Federal Rules of Civil Procedure.

12 ‘‘(2) Judicial review of any cause, claim, or individual

13 determination covered under paragraph (1) shall only be

14 available in habeas corpus proceedings, and shall be lim15 ited to determinations of—

16 ‘‘(A) whether the petitioner is an alien, if the

17 petitioner makes a showing that the petitioner’s

18 claim of United States nationality is not frivolous;

19 ‘‘(B) whether the petitioner was ordered spe20 cially excluded under section 235(b)(1)(A); and

21 ‘‘(C) whether the petitioner can prove by a pre22 ponderance of the evidence that the petitioner is an

23 alien lawfully admitted for permanent residence and

24 is entitled to such review as is provided by the Attor25 ney General pursuant to section 235(b)(1)(E)(i).
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1 ‘‘(3) In any case where the court determines that an

2 alien was not ordered specially excluded, or was not prop3 erly subject to special exclusion under the regulations

4 adopted by the Attorney General, the court may order no

5 relief beyond requiring that the alien receive a hearing in

6 accordance with section 236, or a determination in accord7 ance with section 235(c) or 273(d).

8 ‘‘(4) In determining whether an alien has been or9 dered specially excluded, the court’s inquiry shall be lim10 ited to whether such an order was in fact issued and

11 whether it relates to the petitioner.’’.

12 (b) PRECLUSION OF COLLATERAL ATTACKS.—Sec13 tion 235 of such Act (8 U.S.C. 1225) is amended by add14 ing at the end the following new subsection:

15 ‘‘(d) In any action brought for the assessment of pen16 alties for improper entry or re-entry of an alien under sec17 tion 275 or section 276, no court shall have jurisdiction

18 to hear claims collaterally attacking the validity of orders

19 of exclusion, special exclusion, or deportation entered

20 under this section or sections 236 and 242.’’.

21 (c) CLERICAL AMENDMENT.—The item relating to

22 section 106 in the table of contents of such Act is amended

23 to read as follows:

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

exclusion.’’.
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1 SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN2 SPECTED AND ADMITTED.

3 (a) IN GENERAL.—Section 241 of the Immigration

4 and Nationality Act (8 U.S.C. 1251) is amended by add5 ing at the end the following new subsection:

6 ‘‘(d) Notwithstanding any other provision of this title,

7 an alien found in the United States who has not been ad8 mitted to the United States after inspection in accordance

9 with section 235 is deemed for purposes of this Act to

10 be seeking entry and admission to the United States and

11 shall be subject to examination and exclusion by the Attor12 ney General under chapter 4. In the case of such an alien

13 the Attorney General shall provide by regulation an oppor14 tunity for the alien to establish that the alien was so ad15 mitted.’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall take effect on the first day of the first

18 month beginning more than 90 days after the date of the

19 enactment of this Act.
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1 Subtitle C—Improved Information

2 and Processing

3 PART 1—IMMIGRATION PROCEDURES

4 SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

5 THROUGH COURT ORDER.

6 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5)

7 of the Immigration and Nationality Act (8 U.S.C.

8 1255a(c)(5)) is amended—

9 (1) by inserting ‘‘(i)’’ after ‘‘except that the At10 torney General’’, and

11 (2) by inserting after ‘‘title 13, United States

12 Code’’ the following: ‘‘and (ii) may authorize an ap13 plication to a Federal court of competent jurisdiction

14 for, and a judge of such court may grant, an order

15 authorizing disclosure of information contained in

16 the application of the alien to be used—

17 ‘‘(I) for identification of the alien when

18 there is reason to believe that the alien has

19 been killed or severely incapacitated; or

20 ‘‘(II) for criminal law enforcement pur21 poses against the alien whose application is to

22 be disclosed if the alleged criminal activity oc23 curred after the legalization application was

24 filed and such activity involves terrorist activity

25 or poses either an immediate risk to life or to
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1 national security, or would be prosecutable as

2 an aggravated felony, but without regard to the

3 length of sentence that could be imposed on the

4 applicant’’.

5 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

6 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend7 ed—

8 (1) in paragraph (5), by inserting ‘‘, except as

9 allowed by a court order issued pursuant to para10 graph (6)’’ after ‘‘consent of the alien’’, and

11 (2) in paragraph (6), by inserting after sub12 paragraph (C) the following:

13 ‘‘Notwithstanding the previous sentence, the Attor14 ney General may authorize an application to a Fed15 eral court of competent jurisdiction for, and a judge

16 of such court may grant, an order authorizing dis17 closure of information contained in the application of

18 the alien to be used (i) for identification of the alien

19 when there is reason to believe that the alien has

20 been killed or severely incapacitated, or (ii) for

21 criminal law enforcement purposes against the alien

22 whose application is to be disclosed if the alleged

23 criminal activity occurred after the special agricul24 tural worker application was filed and such activity

25 involves terrorist activity or poses either an imme-
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1 diate risk to life or to national security, or would be

2 prosecutable as an aggravated felony, but without

3 regard to the length of sentence that could be im4 posed on the applicant.’’.

5 SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF

6 DENIAL OF APPLICATION FOR VISAS.

7 Section 212(b) of the Immigration and Nationality

8 Act (8 U.S.C. 1182(b)) is amended—

9 (1) by redesignating paragraphs (1) and (2) as

10 subparagraphs (A) and (B);

11 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

12 to paragraph (2), if’’; and

13 (3) by adding at the end the following new

14 paragraph:

15 ‘‘(2) With respect to applications for visas, the Sec16 retary of State may waive the application of paragraph

17 (1) in the case of a particular alien or any class or classes

18 of aliens excludable under subsection (a)(2) or (a)(3).’’.

19 PART 2—ASSET FORFEITURE FOR PASSPORT

20 AND VISA OFFENSES

21 SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

22 RELATED OFFENSES.

23 Section 982 of title 18, United States Code, is

24 amended—
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1 (1) in subsection (a), by inserting after para2 graph (5) the following new paragraph:

3 ‘‘(6) The court, in imposing sentence on a person con4 victed of a violation of, or conspiracy to violate, section

5 1541, 1542, 1543, 1544, or 1546 of this title, or a viola6 tion of, or conspiracy to violate, section 1028 of this title

7 if committed in connection with passport or visa issuance

8 or use, shall order that the person forfeit to the United

9 States any property, real or personal, which the person

10 used, or intended to be used, in committing, or facilitating

11 the commission of, the violation, and any property con12 stituting, or derived from, or traceable to, any proceeds

13 the person obtained, directly or indirectly, as a result of

14 such violation.’’; and

15 (2) in subsection (b)(1)(B), by inserting ‘‘or

16 (a)(6)’’ after ‘‘(a)(2)’’.

17 SEC. 642. SUBPOENAS FOR BANK RECORDS.

18 Section 986(a) of title 18, United States Code, is

19 amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,

20 1546,’’ before ‘‘1956’’.

21 SEC. 643. EFFECTIVE DATE.

22 The amendments made by this subtitle shall take ef23 fect on the first day of the first month that begins more

24 than 90 days after the date of the enactment of this Act.
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1 Subtitle D—Employee Verification

2 by Security Services Companies

3 SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO

4 REQUEST ADDITIONAL DOCUMENTATION.

5 (a) IN GENERAL.—Section 274B(a)(6) of the Immi6 gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is

7 amended—

8 (1) by striking ‘‘For purposes’’ and inserting

9 ‘‘(A) Except as provided in subparagraph (B), for

10 purposes’’, and

11 (2) by adding at the end the following new sub12 paragraph:

13 ‘‘(B) Subparagraph (A) shall not apply to a re14 quest made in connection with an individual seeking

15 employment in a company (or division of a company)

16 engaged in the business of providing security serv17 ices to protect persons, institutions, buildings, or

18 other possible targets of international terrorism (as

19 defined in section 2331(1) of title 18, United States

20 Code).’’.

21 (b) EFFECTIVE DATE.—The amendments made by

22 subsection (a) shall apply to requests for documents made

23 on or after the date of the enactment of this Act with

24 respect to individuals who are or were hired before, on,

25 or after the date of the enactment of this Act.
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1 Subtitle E—Criminal Alien

2 Deportation Improvements

3 SEC. 661. SHORT TITLE.

4 This subtitle may be cited as the ‘‘Criminal Alien De5 portation Improvements Act of 1995’’.

6 SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AG7 GRAVATED FELONY.

8 (a) IN GENERAL.—Section 101(a)(43) of the Immi9 gration and Nationality Act (8 U.S.C. 1101(a)(43)), as

10 amended by section 222 of the Immigration and National11 ity Technical Corrections Act of 1994 (Public Law 103–

12 416), is amended—

13 (1) in subparagraph (J), by inserting ‘‘, or an

14 offense described in section 1084 (if it is a second

15 or subsequent offense) or 1955 of that title (relating

16 to gambling offenses),’’ after ‘‘corrupt organiza17 tions)’’;

18 (2) in subparagraph (K)—

19 (A) by striking ‘‘or’’ at the end of clause

20 (i),

21 (B) by redesignating clause (ii) as clause

22 (iii), and

23 (C) by inserting after clause (i) the follow24 ing new clause:
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1 ‘‘(ii) is described in section 2421,

2 2422, or 2423 of title 18, United States

3 Code (relating to transportation for the

4 purpose of prostitution) for commercial ad5 vantage; or’’;

6 (3) by amending subparagraph (N) to read as

7 follows:

8 ‘‘(N) an offense described in paragraph

9 (1)(A) or (2) of section 274(a) (relating to alien

10 smuggling) for which the term of imprisonment

11 imposed (regardless of any suspension of im12 prisonment) is at least 5 years;’’;

13 (4) by amending subparagraph (O) to read as

14 follows:

15 ‘‘(O) an offense (i) which either is falsely

16 making, forging, counterfeiting, mutilating, or

17 altering a passport or instrument in violation of

18 section 1543 of title 18, United States Code, or

19 is described in section 1546(a) of such title (re20 lating to document fraud) and (ii) for which the

21 term of imprisonment imposed (regardless of

22 any suspension of such imprisonment) is at

23 least 18 months;’’
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1 (5) in subparagraph (P), by striking ‘‘15 years’’

2 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at

3 the end;

4 (6) by redesignating subparagraphs (O), (P),

5 and (Q) as subparagraphs (P), (Q), and (U), respec6 tively;

7 (7) by inserting after subparagraph (N) the fol8 lowing new subparagraph:

9 ‘‘(O) an offense described in section 275(a)

10 or 276 committed by an alien who was pre11 viously deported on the basis of a conviction for

12 an offense described in another subparagraph

13 of this paragraph;’’; and

14 (8) by inserting after subparagraph (Q), as so

15 redesignated, the following new subparagraphs:

16 ‘‘(R) an offense relating to commercial

17 bribery, counterfeiting, forgery, or trafficking in

18 vehicles the identification numbers of which

19 have been altered for which a sentence of 5

20 years’ imprisonment or more may be imposed;

21 ‘‘(S) an offense relating to obstruction of

22 justice, perjury or subornation of perjury, or

23 bribery of a witness, for which a sentence of 5

24 years’ imprisonment or more may be imposed;
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1 ‘‘(T) an offense relating to a failure to ap2 pear before a court pursuant to a court order

3 to answer to or dispose of a charge of a felony

4 for which a sentence of 2 years’ imprisonment

5 or more may be imposed; and’’.

6 (b) EFFECTIVE DATE.—The amendments made by

7 subsection (a) shall apply to convictions entered on or

8 after the date of the enactment of this Act, except that

9 the amendment made by subsection (a)(3) shall take effect

10 as if included in the enactment of section 222 of the Immi11 gration and Nationality Technical Corrections Act of

12 1994.

13 SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN

14 CRIMINAL ALIENS WHO ARE NOT PERMA15 NENT RESIDENTS.

16 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b)

17 of the Immigration and Nationality Act (8 U.S.C.

18 1252a(b)), as added by section 130004(a) of the Violent

19 Crime Control and Law Enforcement Act of 1994 (Public

20 Law 103–322), is amended—

21 (1) in paragraph (2)—

22 (A) by striking ‘‘and’’ at the end of sub23 paragraph (A) and inserting ‘‘or’’, and

24 (B) by amending subparagraph (B) to read

25 as follows:
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1 ‘‘(B) had permanent resident status on a

2 conditional basis (as described in section 216)

3 at the time that proceedings under this section

4 commenced.’’;

5 (2) in paragraph (3), by striking ‘‘30 calendar

6 days’’ and inserting ‘‘14 calendar days’’;

7 (3) in paragraph (4)(B), by striking

8 ‘‘proccedings’’ and inserting ‘‘proceedings’’;

9 (4) in paragraph (4)—

10 (A) by redesignating subparagraphs (D)

11 and (E) as subparagraphs (F) and (G), respec12 tively; and

13 (B) by adding after subparagraph (C) the

14 following new subparagraphs:

15 ‘‘(D) such proceedings are conducted in, or

16 translated for the alien into, a language the

17 alien understands;

18 ‘‘(E) a determination is made for the

19 record at such proceedings that the individual

20 who appears to respond in such a proceeding is

21 an alien subject to such an expedited proceed22 ing under this section and is, in fact, the alien

23 named in the notice for such proceeding;’’.

24 (5) by adding at the end the following new

25 paragraph:
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1 ‘‘(5) No alien described in this section shall be

2 eligible for any relief from deportation that the At3 torney General may grant in the Attorney General’s

4 discretion.’’.

5 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of

6 section 106 of the Immigration and Nationality Act (8

7 U.S.C. 1105a), as added by section 130004(b) of the Vio8 lent Crime Control and Law Enforcement Act of 1994

9 (Public Law 103–322), is amended to read as follows:

10 ‘‘(d) Notwithstanding subsection (c), a petition for

11 review or for habeas corpus on behalf of an alien described

12 in section 242A(c) may only challenge whether the alien

13 is in fact an alien described in such section, and no court

14 shall have jurisdiction to review any other issue.’’.

15 (c) PRESUMPTION OF DEPORTABILITY.—Section

16 242A of the Immigration and Nationality Act (8 U.S.C.

17 1252a) is amended by inserting after subsection (b) the

18 following new subsection:

19 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien

20 convicted of an aggravated felony shall be conclusively pre21 sumed to be deportable from the United States.’’.

22 (d) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to all aliens against whom deporta24 tion proceedings are initiated after the date of the enact25 ment of this Act.
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1 SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION

2 BASED ON 7 YEARS PERMANENT RESIDENCE

3 FOR CERTAIN CRIMINAL ALIENS.

4 The last sentence of section 212(c) of the Immigra5 tion and Nationality Act (8 U.S.C. 1182(c)) is amended

6 by striking ‘‘has served for such felony or felonies’’ and

7 all that follows through the period and inserting ‘‘has been

8 sentenced for such felony or felonies to a term of imprison9 ment of at least 5 years, if the time for appealing such

10 conviction or sentence has expired and the sentence has

11 become final.’’.

12 SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UN13 DERLYING DEPORTATION ORDER.

14 (a) IN GENERAL.—Section 276 of the Immigration

15 and Nationality Act (8 U.S.C. 1326) is amended by add16 ing at the end the following new subsection:

17 ‘‘(c) In a criminal proceeding under this section, an

18 alien may not challenge the validity of the deportation

19 order described in subsection (a)(1) or subsection (b) un20 less the alien demonstrates that—

21 ‘‘(1) the alien exhausted any administrative

22 remedies that may have been available to seek relief

23 against the order;

24 ‘‘(2) the deportation proceedings at which the

25 order was issued improperly deprived the alien of the

26 opportunity for judicial review; and
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1 ‘‘(3) the entry of the order was fundamentally

2 unfair.’’.

3 (b) EFFECTIVE DATE.—The amendment made by

4 subsection (a) shall apply to criminal proceedings initiated

5 after the date of the enactment of this Act.

6 SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

7 Section 130002(a) of the Violent Crime Control and

8 Law Enforcement Act of 1994 (Public Law 103–322) is

9 amended to read as follows:

10 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

11 of Immigration and Naturalization shall, under the au12 thority of section 242(a)(3)(A) of the Immigration and

13 Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi14 nal alien identification system. The criminal alien identi15 fication system shall be used to assist Federal, State, and

16 local law enforcement agencies in identifying and locating

17 aliens who may be subject to deportation by reason of

18 their conviction of aggravated felonies.’’.

19 SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RE20 LATED CRIMES AS RICO-PREDICATE OF21 FENSES.

22 Section 1961(1) of title 18, United States Code, is

23 amended—

24 (1) by inserting ‘‘section 1028 (relating to

25 fraud and related activity in connection with identi-
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1 fication documents) if the act indictable under sec2 tion 1028 was committed for the purpose of finan3 cial gain,’’ before ‘‘section 1029’’;

4 (2) by inserting ‘‘section 1542 (relating to false

5 statement in application and use of passport) if the

6 act indictable under section 1542 was committed for

7 the purpose of financial gain, section 1543 (relating

8 to forgery or false use of passport) if the act indict9 able under section 1543 was committed for the pur10 pose of financial gain, section 1544 (relating to mis11 use of passport) if the act indictable under section

12 1544 was committed for the purpose of financial

13 gain, section 1546 (relating to fraud and misuse of

14 visas, permits, and other documents) if the act in15 dictable under section 1546 was committed for the

16 purpose of financial gain, sections 1581–1588 (relat17 ing to peonage and slavery),’’ after ‘‘section 1513

18 (relating to retaliating against a witness, victim, or

19 an informant),’’;

20 (3) by striking ‘‘or’’ before ‘‘(E)’’; and

21 (4) by inserting before the period at the end the

22 following: ‘‘, or (F) any act which is indictable under

23 the Immigration and Nationality Act, section 274

24 (relating to bringing in and harboring certain

25 aliens), section 277 (relating to aiding or assisting
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1 certain aliens to enter the United States), or section

2 278 (relating to importation of alien for immoral

3 purpose) if the act indictable under such section of

4 such Act was committed for the purpose of financial

5 gain’’.

6 SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGA7 TIONS.

8 Section 2516(1) of title 18, United States Code, is

9 amended—

10 (1) by striking ‘‘and’’ at the end of paragraph

11 (n),

12 (2) by redesignating paragraph (o) as para13 graph (p), and

14 (3) by inserting after paragraph (n) the follow15 ing new paragraph:

16 ‘‘(o) a felony violation of section 1028 (relating

17 to production of false identification documents), sec18 tion 1542 (relating to false statements in passport

19 applications), section 1546 (relating to fraud and

20 misuse of visas, permits, and other documents) of

21 this title or a violation of section 274, 277, or 278

22 of the Immigration and Nationality Act (relating to

23 the smuggling of aliens); or’’.
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1 SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR

2 CRIMES OF MORAL TURPITUDE.

3 (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the

4 Immigration and Nationality Act (8 U.S.C.

5 1251(a)(2)(A)(i)(II)) is amended to read as follows:

6 ‘‘(II) is convicted of a crime for

7 which a sentence of one year or longer

8 may be imposed,’’.

9 (b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply to aliens against whom deporta11 tion proceedings are initiated after the date of the enact12 ment of this Act.

13 SEC. 670. PAYMENTS TO POLITICAL SUBDIVISIONS FOR

14 COSTS OF INCARCERATING ILLEGAL ALIENS.

15 Amounts appropriated to carry out section 501 of the

16 Immigration Reform and Control Act of 1986 for fiscal

17 year 1995 shall be available to carry out section 242(j)

18 of the Immigration and Nationality Act in that fiscal year

19 with respect to undocumented criminal aliens incarcerated

20 under the authority of political subdivisions of a State.

21 SEC. 671. MISCELLANEOUS PROVISIONS.

22 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA

23 IN DEPORTATION HEARINGS.—The second sentence of

24 section 242(b) of the Immigration and Nationality Act (8

25 U.S.C. 1252(b)) is amended by inserting before the period

26 the following: ‘‘; except that nothing in this subsection
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1 shall preclude the Attorney General from authorizing pro2 ceedings by electronic or telephonic media (with the con3 sent of the alien) or, where waived or agreed to by the

4 parties, in the absence of the alien’’.

5 (b) CODIFICATION.—

6 (1) Section 242(i) of such Act (8 U.S.C.

7 1252(i)) is amended by adding at the end the follow8 ing: ‘‘Nothing in this subsection shall be construed

9 to create any substantive or procedural right or ben10 efit that is legally enforceable by any party against

11 the United States or its agencies or officers or any

12 other person.’’.

13 (2) Section 225 of the Immigration and Nation14 ality Technical Corrections Act of 1994 (Public Law

15 103–416) is amended by striking ‘‘and nothing in’’

16 and all that follows through ‘‘1252(i))’’.

17 (3) The amendments made by this subsection

18 shall take effect as if included in the enactment of

19 the Immigration and Nationality Technical Correc20 tions Act of 1994 (Public Law 103–416).

21 SEC. 672. CONSTRUCTION OF EXPEDITED DEPORTATION

22 REQUIREMENTS.

23 No amendment made by this Act shall be construed

24 to create any substantive or procedural right or benefit
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1 that is legally enforceable by any party against the United

2 States or its agencies or officers or any other person.

3 SEC. 673. STUDY OF PRISONER TRANSFER TREATY WITH

4 MEXICO.

5 (a) REPORT TO CONGRESS.—Not later than 180 days

6 after the date of the enactment of this Act, the Secretary

7 of State and the Attorney General shall submit to the Con8 gress a report that describes the use and effectiveness of

9 the Prisoner Transfer Treaty with Mexico (in this section

10 referred to as the ‘‘Treaty’’) to remove from the United

11 States aliens who have been convicted of crimes in the

12 United States.

13 (b) USE OF TREATY.—The report under subsection

14 (a) shall include the following information:

15 (1) The number of aliens convicted of a crimi16 nal offense in the United States since November 30,

17 1977, who would have been or are eligible for trans18 fer pursuant to the Treaty.

19 (2) The number of aliens described in para20 graph (1) who have been transferred pursuant to the

21 Treaty.

22 (3) The number of aliens described in para23 graph (2) who have been incarcerated in full compli24 ance with the Treaty.
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1 (4) The number of aliens who are incarcerated

2 in a penal institution in the United States who are

3 eligible for transfer pursuant to the Treaty.

4 (5) The number of aliens described in para5 graph (4) who are incarcerated in State and local

6 penal institutions.

7 (c) EFFECTIVENESS OF TREATY.—The report under

8 subsection (a) shall include the recommendations of the

9 Secretary of State and the Attorney General to increase

10 the effectiveness and use of, and full compliance with, the

11 Treaty. In considering the recommendations under this

12 subsection, the Secretary and the Attorney General shall

13 consult with such State and local officials in areas dis14 proportionately impacted by aliens convicted of criminal

15 offenses as the Secretary and the Attorney General con16 sider appropriate. Such recommendations shall address

17 the following areas:

18 (1) Changes in Federal laws, regulations, and

19 policies affecting the identification, prosecution, and

20 deportation of aliens who have committed a criminal

21 offense in the United States.

22 (2) Changes in State and local laws, regula23 tions, and policies affecting the identification, pros24 ecution, and deportation of aliens who have commit25 ted a criminal offense in the United States.
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1 (3) Changes in the Treaty that may be nec2 essary to increase the number of aliens convicted of

3 crimes who may be transferred pursuant to the

4 Treaty.

5 (4) Methods for preventing the unlawful re6 entry into the United States of aliens who have been

7 convicted of criminal offenses in the United States

8 and transferred pursuant to the Treaty.

9 (5) Any recommendations of appropriate offi10 cials of the Mexican Government on programs to

11 achieve the goals of, and ensure full compliance

12 with, the Treaty.

13 (6) An assessment of whether the recommenda14 tions under this subsection require the renegotiation

15 of the Treaty.

16 (7) The additional funds required to implement

17 each recommendation under this subsection.

18 SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING

19 TO JUSTICE ALIENS WHO FLEE PROSECU20 TION FOR CRIMES IN THE UNITED STATES.

21 (a) ASSISTANCE TO STATES.—The Attorney General,

22 in cooperation with the Commissioner of Immigration and

23 Naturalization and the Secretary of State, shall designate

24 an office within the Department of Justice to provide tech25 nical and prosecutorial assistance to States and political
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1 subdivisions of States in efforts to bring to justice aliens

2 who flee prosecution for crimes in the United States.

3 (b) REPORT TO CONGRESS.—Not later than one year

4 after the date of the enactment of this Act, the Attorney

5 General shall compile and submit to the Congress a report

6 which assesses the nature and extent of the problem of

7 bringing to justice aliens who flee prosecution for crimes

8 in the United States.

9 SEC. 675. PRISONER TRANSFER TREATIES.

10 (a) NEGOTIATION.—Congress advises the President

11 to begin to negotiate and renegotiate, not later than 90

12 days after the date of the enactment of this Act, bilateral

13 prisoner transfer treaties. The focus of such negotiations

14 shall be to expedite the transfer of aliens unlawfully in

15 the United States who are incarcerated in United States

16 prisons, to ensure that a transferred prisoner serves the

17 balance of the sentence imposed by the United States

18 courts, and to eliminate any requirement of prisoner con19 sent to such a transfer.

20 (b) CERTIFICATION.—The President shall submit to

21 the Congress, annually, a certification as to whether each

22 prisoner transfer treaty in force is effective in returning

23 aliens unlawfully in the United States who have committed

24 offenses for which they are incarcerated in the United
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1 States to their country of nationality for further incarcer2 ation.

3 SEC. 676. INTERIOR REPATRIATION PROGRAM.

4 Not later than 180 days after the date of enactment

5 of this Act, the Attorney General and the Commissioner

6 of Immigration and Naturalization shall develop and im7 plement a program in which aliens who previously have

8 illegally entered the United States not less than 3 times

9 and are deported or returned to a country contiguous to

10 the United States will be returned to locations not less

11 than 500 kilometers from that country’s border with the

12 United States.

13 SEC. 677. DEPORTATION OF NONVIOLENT OFFENDERS

14 PRIOR TO COMPLETION OF SENTENCE OF IM15 PRISONMENT.

16 (a) IN GENERAL.—Section 242(h) of the Immigra17 tion and Nationality Act (8 U.S.C. 1252(h)) is amended

18 to read as follows:

19 ‘‘(h)(1) Except as provided in paragraph (2), an alien

20 sentenced to imprisonment may not be deported until such

21 imprisonment has been terminated by the release of the

22 alien from confinement. Parole, supervised release, proba23 tion, or possibility of rearrest or further confinement in

24 respect of the same offense shall not be a ground for defer25 ral of deportation.
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1 ‘‘(2) The Attorney General is authorized to deport an

2 alien in accordance with applicable procedures under this

3 Act prior to the completion of a sentence of imprison4 ment—

5 ‘‘(A) in the case of an alien in the custody of

6 the Attorney General, if the Attorney General deter7 mines that (i) the alien is confined pursuant to a

8 final conviction for a nonviolent offense (other than

9 alien smuggling), and (ii) such deportation of the

10 alien is appropriate and in the best interest of the

11 United States; or

12 ‘‘(B) in the case of an alien in the custody of

13 a State (or a political subdivision of a State), if the

14 chief State official exercising authority with respect

15 to the incarceration of the alien determines that (i)

16 the alien is confined pursuant to a final conviction

17 for a nonviolent offense (other than alien smug18 gling), (ii) such deportation is appropriate and in

19 the best interest of the State, and (iii) submits a

20 written request to the Attorney General that such

21 alien be so deported.

22 ‘‘(3) Any alien deported pursuant to this subsection

23 shall be notified of the penalties under the laws of the

24 United States relating to the reentry of deported aliens,
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1 particularly the expanded penalties for aliens deported

2 under paragraph (2).’’.

3 (b) REENTRY OF ALIEN DEPORTED PRIOR TO COM4 PLETION OF TERM OF IMPRISONMENT.—Section 276 of

5 the Immigration and Nationality Act (8 U.S.C. 1326)

6 amended by adding at the end the following new sub7 section:

8 ‘‘(c) Any alien deported pursuant to section

9 242(h)(2) who enters, attempts to enter, or is at any time

10 found in, the United States (unless the Attorney General

11 has expressly consented to such alien’s reentry) shall be

12 incarcerated for the remainder of the sentence of impris13 onment which was pending at the time of deportation

14 without any reduction for parole or supervised release.

15 Such alien shall be subject to such other penalties relating

16 to the reentry of deported aliens as may be available under

17 this section or any other provision of law.’’.

18 TITLE VII—AUTHORIZATION AND

19 FUNDING

20 SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN21 ING.

22 The Attorney General may award grants in consulta23 tion with the Federal Emergency Management Agency for

24 the purposes of providing specialized training or equip25 ment to enhance the capability of metropolitan fire and
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1 emergency service departments to respond to terrorist at2 tacks. To carry out the purposes of this section, there is

3 authorized to be appropriated $5,000,000 for fiscal year

4 1996.

5 SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PRO6 CURE EXPLOSIVE DETECTION DEVICES AND

7 OTHER COUNTER-TERRORISM TECHNOLOGY.

8 There is authorized to be appropriated not to exceed

9 $10,000,000 for fiscal years 1996 and 1997 to the Presi10 dent to provide assistance to foreign countries facing an

11 imminent danger of terrorist attack that threatens the na12 tional interest of the United States or puts United States

13 nationals at risk—

14 (1) in obtaining explosive detection devices and

15 other counter-terrorism technology; and

16 (2) in conducting research and development

17 projects on such technology.

18 SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT

19 COUNTER-TERRORISM TECHNOLOGIES.

20 There are authorized to be appropriated not to exceed

21 $10,000,000 to the National Institute of Justice Science

22 and Technology Office—

23 (1) to develop technologies that can be used to

24 combat terrorism, including technologies in the areas

25 of—
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1 (A) detection of weapons, explosives,

2 chemicals, and persons;

3 (B) tracking;

4 (C) surveillance;

5 (D) vulnerability assessment; and

6 (E) information technologies;

7 (2) to develop standards to ensure the adequacy

8 of products produced and compatibility with relevant

9 national systems; and

10 (3) to identify and assess requirements for tech11 nologies to assist State and local law enforcement in

12 the national program to combat terrorism.

13 TITLE VIII—MISCELLANEOUS

14 SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS

15 FOR THE PURCHASE AND USE OF HIGH EX16 PLOSIVES.

17 The Secretary of the Treasury, in consultation with

18 the Federal Bureau of Investigation, shall conduct a study

19 of State licensing requirements for the purchase and use

20 of commercial high explosives, including detonators, deto21 nating cords, dynamite, water gel, emulsion, blasting

22 agents, and boosters. Not later than 180 days after the

23 date of the enactment of this Act, the Secretary shall re24 port to Congress the results of this study, together with
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1 any recommendations the Secretary determines are appro2 priate.

3 SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

4 (a) REQUIRING COMPENSATION FOR TERRORIST

5 CRIMES.—Section 1403(d)(3) of the Victims of Crime Act

6 of 1984 (42 U.S.C. 10603(d)(3)) is amended—

7 (1) by inserting ‘‘crimes involving terrorism,’’

8 before ‘‘driving while intoxicated’’; and

9 (2) by inserting a comma after ‘‘driving while

10 intoxicated’’.

11 (b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of

12 the Victims of Crime Act of 1984 (42 U.S.C.

13 10603(b)(6)(B)) is amended by inserting ‘‘are outside the

14 United States (if the compensable crime is terrorism, as

15 defined in section 2331 of title 18, United States Code),

16 or’’ before ‘‘are States not having’’.

17 SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERROR18 IST STATES.

19 (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

20 FOR CERTAIN CASES.—Section 1605 of title 28, United

21 States Code, is amended—

22 (1) in subsection (a)—

23 (A) by striking ‘‘or’’ at the end of para24 graph (5);
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1 (B) by striking the period at the end of

2 paragraph (6) and inserting ‘‘; or’’; and

3 (C) by adding at the end the following new

4 paragraph:

5 ‘‘(7) not otherwise covered by paragraph (2), in

6 which money damages are sought against a foreign

7 state for personal injury or death that was caused

8 by an act of torture, extrajudicial killing, aircraft

9 sabotage, hostage taking, or the provision of mate10 rial support or resources (as defined in section

11 2339A of title 18) for such an act if such act or pro12 vision of material support is engaged in by an offi13 cial, employee, or agent of such foreign state while

14 acting within the scope of his or her office, employ15 ment, or agency, except that—

16 ‘‘(A) an action under this paragraph shall

17 not be instituted unless the claimant first af18 fords the foreign state a reasonable opportunity

19 to arbitrate the claim in accordance with ac20 cepted international rules of arbitration;

21 ‘‘(B) an action under this paragraph shall

22 not be maintained unless the act upon which

23 the claim is based occurred while the individual

24 bringing the claim was a national of the United

25 States (as that term is defined in section
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1 101(a)(22) of the Immigration and Nationality

2 Act); and

3 ‘‘(C) the court shall decline to hear a claim

4 under this paragraph if the foreign state

5 against whom the claim has been brought es6 tablishes that procedures and remedies are

7 available in such state which comport with fun8 damental fairness and due process.’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(e) For purposes of paragraph (7) of subsection

12 (a)—

13 ‘‘(1) the terms ‘torture’ and ‘extrajudicial kill14 ing’ have the meaning given those terms in section

15 3 of the Torture Victim Protection Act of 1991;

16 ‘‘(2) the term ‘hostage taking’ has the meaning

17 given that term in Article 1 of the International

18 Convention Against the Taking of Hostages; and

19 ‘‘(3) the term ‘aircraft sabotage’ has the mean20 ing given that term in Article 1 of the Convention

21 for the Suppression of Unlawful Acts Against the

22 Safety of Civil Aviation.’’.

23 (b) EXCEPTION TO IMMUNITY FROM ATTACH24 MENT.—
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1 (1) FOREIGN STATE.—Section 1610(a) of title

2 28, United States Code, is amended—

3 (A) by striking the period at the end of

4 paragraph (6) and inserting ‘‘, or’’; and

5 (B) by adding at the end the following new

6 paragraph:

7 ‘‘(7) the judgment relates to a claim for which

8 the foreign state is not immune under section

9 1605(a)(7), regardless of whether the property is or

10 was involved with the act upon which the claim is

11 based.’’.

12 (2) AGENCY OR INSTRUMENTALITY.—Section

13 1610(b)(2) of such title is amended—

14 (A) by striking ‘‘or (5)’’ and inserting

15 ‘‘(5), or (7)’’; and

16 (B) by striking ‘‘used for the activity’’ and

17 inserting ‘‘involved in the act’’.

18 (c) APPLICABILITY.—The amendments made by this

19 title shall apply to any cause of action arising before, on,

20 or after the date of the enactment of this Act.
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1 SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL

2 MATERIAL ON THE MAKING OF BOMBS, DE3 STRUCTIVE DEVICES, AND WEAPONS OF

4 MASS DESTRUCTION.

5 (a) STUDY.—The Attorney General, in consultation

6 with such other officials and individuals as the Attorney

7 General deems appropriate, shall conduct a study concern8 ing—

9 (1) the extent to which there are available to

10 the public material in any medium (including print,

11 electronic, or film) that instructs how to make

12 bombs, other destructive devices, and weapons of

13 mass destruction;

14 (2) the extent to which information gained from

15 such material has been used in incidents of domestic

16 and international terrorism;

17 (3) the likelihood that such information may be

18 used in future incidents of terrorism; and

19 (4) the application of existing Federal laws to

20 such material, the need and utility, if any, for addi21 tional laws, and an assessment of the extent to

22 which the First Amendment protects such material

23 and its private and commercial distribution.

24 (b) REPORT.—Not later than 180 days after the date

25 of the enactment of this Act, the Attorney General shall

26 submit to the Congress a report that contains the results
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1 of the study required by this section. The Attorney Gen2 eral shall make the report available to the public.

3 SEC. 805. COMPILATION OF STATISTICS RELATING TO IN4 TIMIDATION OF GOVERNMENT EMPLOYEES.

5 (a) FINDINGS.—Congress finds that—

6 (1) threats of violence and acts of violence are

7 mounting against Federal, State, and local govern8 ment employees and their families in attempts to

9 stop public servants from performing their lawful

10 duties;

11 (2) these acts are a danger to our constitutional

12 form of government; and

13 (3) more information is needed as to the extent

14 of the danger and its nature so that steps can be

15 taken to protect public servants at all levels of gov16 ernment in the performance of their duties.

17 (b) STATISTICS.—The Attorney General shall acquire

18 data, for the calendar year 1990 and each succeeding cal19 endar year about crimes and incidents of threats of vio20 lence and acts of violence against Federal, State, and local

21 government employees in performance of their lawful du22 ties. Such data shall include—

23 (1) in the case of crimes against such employ24 ees, the nature of the crime; and
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1 (2) in the case of incidents of threats of vio2 lence and acts of violence, including verbal and im3 plicit threats against such employees, whether or not

4 criminally punishable, which deter the employees

5 from the performance of their jobs.

6 (c) GUIDELINES.—The Attorney General shall estab7 lish guidelines for the collection of such data, including

8 what constitutes sufficient evidence of noncriminal inci9 dents required to be reported.

10 (d) ANNUAL PUBLISHING.—The Attorney General

11 shall publish an annual summary of the data acquired

12 under this section. Otherwise such data shall be used only

13 for research and statistical purposes.

14 (e) EXEMPTION.—The United States Secret Service

15 is not required to participate in any statistical reporting

16 activity under this section with respect to any direct or

17 indirect threats made against any individual for whom the

18 United States Secret Service is authorized to provide pro19 tection.

20 SEC. 806. VICTIM RESTITUTION ACT OF 1995.

21 (a) ORDER OF RESTITUTION.—Section 3663 of title

22 18, United States Code, is amended—

23 (1) in subsection (a)—

24 (A) in paragraph (1)—
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1 (i) by striking ‘‘may order, in addition

2 to or, in the case of a misdemeanor, in lieu

3 of any other penalty authorized by law’’

4 and inserting ‘‘shall order’’; and

5 (ii) by adding at the end the follow6 ing: ‘‘The requirement of this paragraph

7 does not affect the power of the court to

8 impose any other penalty authorized by

9 law. In the case of a misdemeanor, the

10 court may impose restitution in lieu of any

11 other penalty authorized by law.’’;

12 (B) by adding at the end the following:

13 ‘‘(4) In addition to ordering restitution to the victim

14 of the offense of which a defendant is convicted, a court

15 may order restitution to any person who, as shown by a

16 preponderance of evidence, was harmed physically, emo17 tionally, or pecuniarily, by unlawful conduct of the defend18 ant during—

19 ‘‘(A) the criminal episode during which the of20 fense occurred; or

21 ‘‘(B) the course of a scheme, conspiracy, or pat22 tern of unlawful activity related to the offense.’’;

23 (2) in subsection (b)(1)(B) by striking ‘‘imprac24 tical’’ and inserting ‘‘impracticable’’;
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1 (3) in subsection (b)(2) by inserting ‘‘emotional

2 or’’ after ‘‘resulting in’’;

3 (4) in subsection (b)—

4 (A) by striking ‘‘and’’ at the end of para5 graph (4);

6 (B) by redesignating paragraph (5) as

7 paragraph (6); and

8 (C) by inserting after paragraph (4) the

9 following new paragraph:

10 ‘‘(5) in any case, reimburse the victim for lost

11 income and necessary child care, transportation, and

12 other expenses related to participation in the inves13 tigation or prosecution of the offense or attendance

14 at proceedings related to the offense; and’’;

15 (5) in subsection (c) by striking ‘‘If the court

16 decides to order restitution under this section, the’’

17 and inserting ‘‘The’’;

18 (6) by striking subsections (d), (e), (f), (g), and

19 (h);

20 (7) by redesignating subsection (i) as subsection

21 (m); and

22 (8) by inserting after subsection (c) the follow23 ing:
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1 ‘‘(d)(1) The court shall order restitution to a victim

2 in the full amount of the victim’s losses as determined by

3 the court and without consideration of—

4 ‘‘(A) the economic circumstances of the of5 fender; or

6 ‘‘(B) the fact that a victim has received or is

7 entitled to receive compensation with respect to a

8 loss from insurance or any other source.

9 ‘‘(2) Upon determination of the amount of restitution

10 owed to each victim, the court shall specify in the restitu11 tion order the manner in which and the schedule according

12 to which the restitution is to be paid, in consideration of—

13 ‘‘(A) the financial resources and other assets of

14 the offender;

15 ‘‘(B) projected earnings and other income of

16 the offender; and

17 ‘‘(C) any financial obligations of the offender,

18 including obligations to dependents.

19 ‘‘(3) A restitution order may direct the offender to

20 make a single, lump-sum payment, partial payment at

21 specified intervals, or such in-kind payments as may be

22 agreeable to the victim and the offender. A restitution

23 order shall direct the offender to give appropriate notice

24 to victims and other persons in cases where there are mul25 tiple victims or other persons who may receive restitution,
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1 and where the identity of such victims and other persons

2 can be reasonably determined.

3 ‘‘(4) An in-kind payment described in paragraph (3)

4 may be in the form of—

5 ‘‘(A) return of property;

6 ‘‘(B) replacement of property; or

7 ‘‘(C) services rendered to the victim or to a per8 son or organization other than the victim.

9 ‘‘(e) When the court finds that more than 1 offender

10 has contributed to the loss of a victim, the court may make

11 each offender liable for payment of the full amount of res12 titution or may apportion liability among the offenders to

13 reflect the level of contribution and economic cir14 cumstances of each offender.

15 ‘‘(f) When the court finds that more than 1 victim

16 has sustained a loss requiring restitution by an offender,

17 the court shall order full restitution to each victim but

18 may provide for different payment schedules to reflect the

19 economic circumstances of each victim.

20 ‘‘(g)(1) If the victim has received or is entitled to re21 ceive compensation with respect to a loss from insurance

22 or any other source, the court shall order that restitution

23 be paid to the person who provided or is obligated to pro24 vide the compensation, but the restitution order shall pro25 vide that all restitution to victims required by the order
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1 be paid to the victims before any restitution is paid to

2 such a provider of compensation.

3 ‘‘(2) The issuance of a restitution order shall not af4 fect the entitlement of a victim to receive compensation

5 with respect to a loss from insurance or any other source

6 until the payments actually received by the victim under

7 the restitution order fully compensate the victim for the

8 loss, at which time a person that has provided compensa9 tion to the victim shall be entitled to receive any payments

10 remaining to be paid under the restitution order.

11 ‘‘(3) Any amount paid to a victim under an order of

12 restitution shall be set off against any amount later recov13 ered as compensatory damages by the victim in—

14 ‘‘(A) any Federal civil proceeding; and

15 ‘‘(B) any State civil proceeding, to the extent

16 provided by the law of the State.

17 ‘‘(h) A restitution order shall provide that—

18 ‘‘(1) all fines, penalties, costs, restitution pay19 ments and other forms of transfers of money or

20 property made pursuant to the sentence of the court

21 shall be made by the offender to an entity des22 ignated by the Director of the Administrative Office

23 of the United States Courts for accounting and pay24 ment by the entity in accordance with this sub25 section;
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1 ‘‘(2) the entity designated by the Director of

2 the Administrative Office of the United States

3 Courts shall—

4 ‘‘(A) log all transfers in a manner that

5 tracks the offender’s obligations and the cur6 rent status in meeting those obligations, unless,

7 after efforts have been made to enforce the res8 titution order and it appears that compliance

9 cannot be obtained, the court determines that

10 continued recordkeeping under this subpara11 graph would not be useful; and

12 ‘‘(B) notify the court and the interested

13 parties when an offender is 30 days in arrears

14 in meeting those obligations; and

15 ‘‘(3) the offender shall advise the entity des16 ignated by the Director of the Administrative Office

17 of the United States Courts of any change in the of18 fender’s address during the term of the restitution

19 order.

20 ‘‘(i) A restitution order shall constitute a lien against

21 all property of the offender and may be recorded in any

22 Federal or State office for the recording of liens against

23 real or personal property.

24 ‘‘(j) Compliance with the schedule of payment and

25 other terms of a restitution order shall be a condition of
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1 any probation, parole, or other form of release of an of2 fender. If a defendant fails to comply with a restitution

3 order, the court may revoke probation or a term of super4 vised release, modify the term or conditions of probation

5 or a term of supervised release, hold the defendant in con6 tempt of court, enter a restraining order or injunction,

7 order the sale of property of the defendant, accept a per8 formance bond, or take any other action necessary to ob9 tain compliance with the restitution order. In determining

10 what action to take, the court shall consider the defend11 ant’s employment status, earning ability, financial re12 sources, the willfulness in failing to comply with the res13 titution order, and any other circumstances that may have

14 a bearing on the defendant’s ability to comply with the

15 restitution order.

16 ‘‘(k) An order of restitution may be enforced—

17 ‘‘(1) by the United States—

18 ‘‘(A) in the manner provided for the collec19 tion and payment of fines in subchapter B of

20 chapter 229 of this title; or

21 ‘‘(B) in the same manner as a judgment in

22 a civil action; and

23 ‘‘(2) by a victim named in the order to receive

24 the restitution, in the same manner as a judgment

25 in a civil action.
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1 ‘‘(l) A victim or the offender may petition the court

2 at any time to modify a restitution order as appropriate

3 in view of a change in the economic circumstances of the

4 offender.’’.

5 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU6 TION.—Section 3664 of title 18, United States Code, is

7 amended—

8 (1) by striking subsection (a);

9 (2) by redesignating subsections (b), (c), (d),

10 and (e) as subsections (a), (b), (c), and (d);

11 (3) by amending subsection (a), as redesignated

12 by paragraph (2), to read as follows:

13 ‘‘(a) The court may order the probation service of the

14 court to obtain information pertaining to the amount of

15 loss sustained by any victim as a result of the offense,

16 the financial resources of the defendant, the financial

17 needs and earning ability of the defendant and the defend18 ant’s dependents, and such other factors as the court

19 deems appropriate. The probation service of the court

20 shall include the information collected in the report of

21 presentence investigation or in a separate report, as the

22 court directs.’’; and

23 (4) by adding at the end thereof the following

24 new subsection:
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1 ‘‘(e) The court may refer any issue arising in connec2 tion with a proposed order of restitution to a magistrate

3 or special master for proposed findings of fact and rec4 ommendations as to disposition, subject to a de novo de5 termination of the issue by the court.’’.

6 SEC. 807. AUTHORITY FOR OVERSEAS LAW ENFORCEMENT

7 TRAINING ACTIVITIES.

8 The Director of the Federal Bureau of Investigation

9 is authorized to support law enforcement training activi10 ties in foreign countries for the purpose of improving the

11 effectiveness of the United States in investigating and

12 prosecuting transnational offenses.

13 TITLE IX—HABEAS CORPUS

14 REFORM

15 SEC. 901. FILING DEADLINES.

16 Section 2244 of title 28, United States Code, is

17 amended by adding at the end the following new sub18 section:

19 ‘‘(d)(1) A 1-year period of limitation shall apply to

20 an application for a write of habeas corpus by a person

21 in custody pursuant to the judgment of a State court. The

22 limitation period shall run from the latest of—

23 ‘‘(A) the date on which the judgment became

24 final by the conclusion of direct review or the expira25 tion of the time for seeking such review;
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1 ‘‘(B) the date on which the impediment to filing

2 an application created by State action in violation of

3 the Constitution or laws of the United States is re4 moved, if the applicant was prevented from filing by

5 such State action;

6 ‘‘(C) the date on which the constitutional right

7 asserted was initially recognized by the Supreme

8 Court, if the right has been newly recognized by the

9 Supreme Court and made retroactively applicable to

10 cases on collateral review; or

11 ‘‘(D) the date on which the factual predicate of

12 the claim or claims presented could have been dis13 covered through the exercise of due diligence.

14 ‘‘(2) The time during which a properly filed applica15 tion for State post-conviction or other collateral review

16 with respect to the pertinent judgment or claim shall not

17 be counted toward any period of limitation under this sub18 section.’’.

19 SEC. 902. APPEAL.

20 Section 2253 of title 28, United States Code, is

21 amended to read as follows:

22 ‘‘§ 2253. Appeal

23 ‘‘(a) In a habeas corpus proceeding or a proceeding

24 under section 2255 before a district judge, the final order
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1 shall be subject to review, on appeal, by the court of ap2 peals for the circuit in which the proceeding is held.

3 ‘‘(b) There shall be no right of appeal from a final

4 order in a proceeding to test the validity of a warrant to

5 remove to another district or place for commitment or trial

6 a person charged with a criminal offense against the

7 United States, or to test the validity of such person’s de8 tention pending removal proceedings.

9 ‘‘(c)(1) Unless a circuit justice or judge issues a cer10 tificate of appealability, an appeal may not be taken to

11 the court of appeals from—

12 ‘‘(A) the final order in a habeas corpus proceed13 ing in which the detention complained of arises out

14 of process issued by a State court; or

15 ‘‘(B) the final order in a proceeding under sec16 tion 2255.

17 ‘‘(2) A certificate of appealability may issue under

18 paragraph (1) only if the applicant has made a substantial

19 showing of the denial of a constitutional right.

20 ‘‘(3) The certificate of appealability under paragraph

21 (1) shall indicate which specific issue or issues satisfy the

22 showing required by paragraph (2).’’.
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1 SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE

2 PROCEDURE.

3 Rule 22 of the Federal Rules of Appellate Procedure

4 is amended to read as follows:

5 ‘‘Rule 22. Habeas corpus and section 2255 proceed6 ings

7 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An

8 application for a writ of habeas corpus shall be made to

9 the appropriate district court. If application is made to

10 a circuit judge, the application shall be transferred to the

11 appropriate district court. If an application is made to or

12 transferred to the district court and denied, renewal of the

13 application before a circuit judge shall not be permitted.

14 The applicant may, pursuant to section 2253 of title 28,

15 United States Code, appeal to the appropriate court of ap16 peals from the order of the district court denying the writ.

17 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

18 corpus proceeding in which the detention complained of

19 arises out of process issued by a State court, an appeal

20 by the applicant for the writ may not proceed unless a

21 district or a circuit judge issues a certificate of

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

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

24 the district judge who rendered the judgment shall either

25 issue a certificate of appealability or state the reasons why

26 such a certificate should not issue. The certificate or the
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1 statement shall be forwarded to the court of appeals with

2 the notice of appeal and the file of the proceedings in the

3 district court. If the district judge has denied the certifi4 cate, the applicant for the writ may then request issuance

5 of the certificate by a circuit judge. If such a request is

6 addressed to the court of appeals, it shall be deemed ad7 dressed to the judges thereof and shall be considered by

8 a circuit judge or judges as the court deems appropriate.

9 If no express request for a certificate is filed, the notice

10 of appeal shall be deemed to constitute a request ad11 dressed to the judges of the court of appeals. If an appeal

12 is taken by a State or its representative, a certificate of

13 appealability is not required.’’.

14 SEC. 904. SECTION 2254 AMENDMENTS.

15 Section 2254 of title 28, United States Code, is

16 amended—

17 (1) by amending subsection (b) to read as fol18 lows:

19 ‘‘(b)(1) An application for a writ of habeas corpus

20 on behalf of a person in custody pursuant to the judgment

21 of a State court shall not be granted unless it appears

22 that—

23 ‘‘(A) the applicant has exhausted the remedies

24 available in the courts of the State; or
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1 ‘‘(B)(i) there is an absence of available State

2 corrective process; or

3 ‘‘(ii) circumstances exist that render such proc4 ess ineffective to protect the rights of the applicant.

5 ‘‘(2) An application for a writ of habeas corpus may

6 be denied on the merits, notwithstanding the failure of the

7 applicant to exhaust the remedies available in the courts

8 of the State.

9 ‘‘(3) A State shall not be deemed to have waived the

10 exhaustion requirement or be estopped from reliance upon

11 the requirement unless the State, through counsel, ex12 pressly waives the requirement.’’;

13 (2) by redesignating subsections (d), (e), and

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

15 (3) by inserting after subsection (c) the follow16 ing new subsection:

17 ‘‘(d) An application for a writ of habeas corpus on

18 behalf of a person in custody pursuant to the judgment

19 of a State court shall not be granted with respect to any

20 claim that was adjudicated on the merits in State court

21 proceedings unless the adjudication of the claim—

22 ‘‘(1) resulted in a decision that was contrary to,

23 or involved an unreasonable application of, clearly

24 established Federal law, as determined by the Su25 preme Court of the United States; or
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1 ‘‘(2) resulted in a decision that was based on an

2 unreasonable determination of the facts in light of

3 the evidence presented in the State court proceed4 ing.’’;

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

6 by paragraph (2), to read as follows:

7 ‘‘(e)(1) In a proceeding instituted by an application

8 for a writ of habeas corpus by a person in custody pursu9 ant to the judgment of a State court, a determination of

10 a factual issue made by a State court shall be presumed

11 to be correct. The applicant shall have the burden of re12 butting the presumption of correctness by clear and con13 vincing evidence.

14 ‘‘(2) If the applicant has failed to develop the factual

15 basis of a claim in State court proceedings, the court shall

16 not hold an evidentiary hearing on the claim unless the

17 applicant shows that—

18 ‘‘(A) the claim relies on—

19 ‘‘(i) a new rule of constitutional law, made

20 retroactive to cases on collateral review by the

21 Supreme Court, that was previously unavail22 able; or

23 ‘‘(ii) a factual predicate that could not

24 have been previously discovered through the ex25 ercise of due diligence; and
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1 ‘‘(B) the facts underlying the claim would be

2 sufficient to establish by clear and convincing evi3 dence that but for constitutional error, no reasonable

4 factfinder would have found the applicant guilty of

5 the underlying offense.’’; and

6 (5) by adding at the end the following new sub7 sections:

8 ‘‘(h) Except as provided in section 408 of the Con9 trolled Substances Act, in all proceedings brought under

10 this section, and any subsequent proceedings on review,

11 the court may appoint counsel for an applicant who is or

12 becomes financially unable to afford counsel, except as

13 provided by a rule promulgated by the Supreme Court

14 pursuant to statutory authority. Appointment of counsel

15 under this section shall be governed by section 3006A of

16 title 18.

17 ‘‘(i) The ineffectiveness or incompetence of counsel

18 during Federal or State collateral post-conviction proceed19 ings shall not be a ground for relief in a proceeding arising

20 under section 2254.’’.

21 SEC. 905. SECTION 2255 AMENDMENTS.

22 Section 2255 of title 28, United States Code, is

23 amended—

24 (1) by striking the second and fifth undesig25 nated paragraphs; and
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1 (2) by adding at the end the following new un2 designated paragraphs:

3 ‘‘A 1-year period of limitation shall apply to a motion

4 under this section. The limitation period shall run from

5 the latest of—

6 ‘‘(1) the date on which the judgment of convic7 tion becomes final;

8 ‘‘(2) the date on which the impediment to mak9 ing a motion created by governmental action in vio10 lation of the Constitution or laws of the United

11 States is removed, if the movant was prevented from

12 making a motion by such governmental action;

13 ‘‘(3) the date on which the right asserted was

14 initially recognized by the Supreme Court, if that

15 right has been newly recognized by the Supreme

16 Court and made retroactively applicable to cases on

17 collateral review; or

18 ‘‘(4) the date on which the facts supporting the

19 claim or claims presented could have been discovered

20 through the exercise of due diligence.

21 ‘‘Except as provided in section 408 of the Controlled

22 Substances Act, in all proceedings brought under this sec23 tion, and any subsequent proceedings on review, the court

24 may appoint counsel for a movant who is or becomes fi25 nancially unable to afford counsel shall be in the discretion
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1 of the court, except as provided by a rule promulgated by

2 the Supreme Court pursuant to statutory authority. Ap3 pointment of counsel under this section shall be governed

4 by section 3006A of title 18.

5 ‘‘A second or successive motion must be certified as

6 provided in section 2244 by a panel of the appropriate

7 court of appeals to contain—

8 ‘‘(1) newly discovered evidence that, if proven

9 and viewed in light of the evidence as a whole, would

10 be sufficient to establish by clear and convincing evi11 dence that no reasonable factfinder would have

12 found the movant guilty of the offense; or

13 ‘‘(2) a new rule of constitutional law, made ret14 roactive to cases on collateral review by the Supreme

15 Court, that was previously unavailable.’’.

16 SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICA17 TIONS.

18 (a) CONFORMING AMENDMENT TO SECTION

19 2244(a).—Section 2244(a) of title 28, United States

20 Code, is amended by striking ‘‘and the petition’’ and all

21 that follows through ‘‘by such inquiry.’’ and inserting ‘‘,

22 except as provided in section 2255.’’.

23 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA24 TIONS.—Section 2244(b) of title 28, United States Code,

25 is amended to read as follows:
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1 ‘‘(b)(1) A claim presented in a second or successive

2 habeas corpus application under section 2254 that was

3 presented in a prior application shall be dismissed.

4 ‘‘(2) A claim presented in a second or successive ha5 beas corpus application under section 2254 that was not

6 presented in a prior application shall be dismissed un7 less—

8 ‘‘(A) the applicant shows that the claim relies

9 on a new rule of constitutional law, made retroactive

10 to cases on collateral review by the Supreme Court,

11 that was previously unavailable; or

12 ‘‘(B)(i) the factual predicate for the claim could

13 not have been discovered previously through the ex14 ercise of due diligence; and

15 ‘‘(ii) the facts underlying the claim, if proven

16 and viewed in light of the evidence as a whole, would

17 be sufficient to establish by clear and convincing evi18 dence that, but for constitutional error, no reason19 able factfinder would have found the applicant guilty

20 of the underlying offense.

21 ‘‘(3)(A) Before a second or successive application per22 mitted by this section is filed in the district court, the ap23 plicant shall move in the appropriate court of appeals for

24 an order authorizing the district court to consider the ap25 plication.
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1 ‘‘(B) A motion in the court of appeals for an order

2 authorizing the district court to consider a second or suc3 cessive application shall be determined by a three-judge

4 panel of the court of appeals.

5 ‘‘(C) The court of appeals may authorize the filing

6 of a second or successive application only if it determines

7 that the application makes a prima facie showing that the

8 application satisfies the requirements of this subsection.

9 ‘‘(D) The court of appeals shall grant or deny the

10 authorization to file a second or successive application not

11 later than 30 days after the filing of the motion.

12 ‘‘(E) The grant or denial of an authorization by a

13 court of appeals to file a second or successive application

14 shall not be appealable and shall not be the subject of a

15 petition for rehearing or for a writ of certiorari.

16 ‘‘(4) A district court shall dismiss any claim pre17 sented in a second or successive application that the court

18 of appeals has authorized to be filed unless the applicant

19 shows that the claim satisfies the requirements of this sec20 tion.’’.

21 SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

22 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

23 STATES CODE.—Title 28, United States Code, is amended

24 by inserting after chapter 153 the following new chapter:
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1 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

2 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.

3 ‘‘§ 2261. Prisoners in State custody subject to capital

4 sentence; appointment of counsel; re5 quirement of rule of court or statute; pro6 cedures for appointment

7 ‘‘(a) This chapter shall apply to cases arising under

8 section 2254 brought by prisoners in State custody who

9 are subject to a capital sentence. It shall apply only if the

10 provisions of subsections (b) and (c) are satisfied.

11 ‘‘(b) This chapter is applicable if a State establishes

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

13 agency authorized by State law, a mechanism for the ap14 pointment, compensation, and payment of reasonable liti15 gation expenses of competent counsel in State post-convic16 tion proceedings brought by indigent prisoners whose cap17 ital convictions and sentences have been upheld on direct

18 appeal to the court of last resort in the State or have oth19 erwise become final for State law purposes. The rule of
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1 court or statute must provide standards of competency for

2 the appointment of such counsel.

3 ‘‘(c) Any mechanism for the appointment, compensa4 tion, and reimbursement of counsel as provided in sub5 section (b) must offer counsel to all State prisoners under

6 capital sentence and must provide for the entry of an

7 order by a court of record—

8 ‘‘(1) appointing one or more counsels to rep9 resent the prisoner upon a finding that the prisoner

10 is indigent and accepted the offer or is unable com11 petently to decide whether to accept or reject the

12 offer;

13 ‘‘(2) finding, after a hearing if necessary, that

14 the prisoner rejected the offer of counsel and made

15 the decision with an understanding of its legal con16 sequences; or

17 ‘‘(3) denying the appointment of counsel upon

18 a finding that the prisoner is not indigent.

19 ‘‘(d) No counsel appointed pursuant to subsections

20 (b) and (c) to represent a State prisoner under capital

21 sentence shall have previously represented the prisoner at

22 trial or on direct appeal in the case for which the appoint23 ment is made unless the prisoner and counsel expressly

24 request continued representation.
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1 ‘‘(e) The ineffectiveness or incompetence of counsel

2 during State or Federal post-conviction proceedings in a

3 capital case shall not be a ground for relief in a proceeding

4 arising under section 2254. This limitation shall not pre5 clude the appointment of different counsel, on the court’s

6 own motion or at the request of the prisoner, at any phase

7 of State or Federal post-conviction proceedings on the

8 basis of the ineffectiveness or incompetence of counsel in

9 such proceedings.

10 ‘‘§ 2262. Mandatory stay of execution; duration; limits

11 on stays of execution; successive peti12 tions

13 ‘‘(a) Upon the entry in the appropriate State court

14 of record of an order under section 2261(c), a warrant

15 or order setting an execution date for a State prisoner

16 shall be stayed upon application to any court that would

17 have jurisdiction over any proceedings filed under section

18 2254. The application shall recite that the State has in19 voked the post-conviction review procedures of this chapter

20 and that the scheduled execution is subject to stay.

21 ‘‘(b) A stay of execution granted pursuant to sub22 section (a) shall expire if—

23 ‘‘(1) a State prisoner fails to file a habeas cor24 pus application under section 2254 within the time

25 required in section 2263;
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1 ‘‘(2) before a court of competent jurisdiction, in

2 the presence of counsel, unless the prisoner has com3 petently and knowingly waived such counsel, and

4 after having been advised of the consequences, a

5 State prisoner under capital sentence waives the

6 right to pursue habeas corpus review under section

7 2254; or

8 ‘‘(3) a State prisoner files a habeas corpus peti9 tion under section 2254 within the time required by

10 section 2263 and fails to make a substantial showing

11 of the denial of a Federal right or is denied relief

12 in the district court or at any subsequent stage of

13 review.

14 ‘‘(c) If one of the conditions in subsection (b) has

15 occurred, no Federal court thereafter shall have the au16 thority to enter a stay of execution in the case, unless the

17 court of appeals approves the filing of a second or succes18 sive application under section 2244(b).

19 ‘‘§ 2263. Filing of habeas corpus application; time re20 quirements; tolling rules

21 ‘‘(a) Any application under this chapter for habeas

22 corpus relief under section 2254 must be filed in the ap23 propriate district court not later than 180 days after final

24 State court affirmance of the conviction and sentence on
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1 direct review or the expiration of the time for seeking such

2 review.

3 ‘‘(b) The time requirements established by subsection

4 (a) shall be tolled—

5 ‘‘(1) from the date that a petition for certiorari

6 is filed in the Supreme Court until the date of final

7 disposition of the petition if a State prisoner files

8 the petition to secure review by the Supreme Court

9 of the affirmance of a capital sentence on direct re10 view by the court of last resort of the State or other

11 final State court decision on direct review;

12 ‘‘(2) from the date on which the first petition

13 for post-conviction review or other collateral relief is

14 filed until the final State court disposition of such

15 petition; and

16 ‘‘(3) during an additional period not to exceed

17 30 days, if—

18 ‘‘(A) a motion for an extension of time is

19 filed in the Federal district court that would

20 have jurisdiction over the case upon the filing

21 of a habeas corpus application under section

22 2254; and

23 ‘‘(B) a showing of good cause is made for

24 the failure to file the habeas corpus application
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1 within the time period established by this sec2 tion.

3 ‘‘§ 2264. Scope of Federal review; district court adju4 dications

5 ‘‘(a) Whenever a State prisoner under capital sen6 tence files a petition for habeas corpus relief to which this

7 chapter applies, the district court shall only consider a

8 claim or claims that have been raised and decided on the

9 merits in the State courts, unless the failure to raise the

10 claim properly is—

11 ‘‘(1) the result of State action in violation of

12 the Constitution or laws of the United States;

13 ‘‘(2) the result of the Supreme Court recogni14 tion of a new Federal right that is made retro15 actively applicable; or

16 ‘‘(3) based on a factual predicate that could not

17 have been discovered through the exercise of due

18 diligence in time to present the claim for State or

19 Federal post-conviction review.

20 ‘‘(b) Following review subject to subsections (a), (d),

21 and (e) of section 2254, the court shall rule on the claims

22 properly before it.
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1 ‘‘§ 2265. Application to State unitary review proce2 dure

3 ‘‘(a) For purposes of this section, a ‘unitary review’

4 procedure means a State procedure that authorizes a per5 son under sentence of death to raise, in the course of di6 rect review of the judgment, such claims as could be raised

7 on collateral attack. This chapter shall apply, as provided

8 in this section, in relation to a State unitary review proce9 dure if the State establishes by rule of its court of last

10 resort or by statute a mechanism for the appointment,

11 compensation, and payment of reasonable litigation ex12 penses of competent counsel in the unitary review proceed13 ings, including expenses relating to the litigation of collat14 eral claims in the proceedings. The rule of court or statute

15 must provide standards of competency for the appoint16 ment of such counsel.

17 ‘‘(b) To qualify under this section, a unitary review

18 procedure must include an offer of counsel following trial

19 for the purpose of representation on unitary review, and

20 entry of an order, as provided in section 2261(c), concern21 ing appointment of counsel or waiver or denial of appoint22 ment of counsel for that purpose. No counsel appointed

23 to represent the prisoner in the unitary review proceedings

24 shall have previously represented the prisoner at trial in

25 the case for which the appointment is made unless the
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1 prisoner and counsel expressly request continued represen2 tation.

3 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

4 in relation to cases involving a sentence of death from any

5 State having a unitary review procedure that qualifies

6 under this section. References to State ‘post-conviction re7 view’ and ‘direct review’ in such sections shall be under8 stood as referring to unitary review under the State proce9 dure. The reference in section 2262(a) to ‘an order under

10 section 2261(c)’ shall be understood as referring to the

11 post-trial order under subsection (b) concerning represen12 tation in the unitary review proceedings, but if a tran13 script of the trial proceedings is unavailable at the time

14 of the filing of such an order in the appropriate State

15 court, then the start of the 180-day limitation period

16 under section 2263 shall be deferred until a transcript is

17 made available to the prisoner or counsel of the prisoner.

18 ‘‘§ 2266. Limitation periods for determining applica19 tions and motions

20 ‘‘(a) The adjudication of any application under sec21 tion 2254 that is subject to this chapter, and the adjudica22 tion of any motion under section 2255 by a person under

23 sentence of death, shall be given priority by the district

24 court and by the court of appeals over all noncapital mat25 ters.
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1 ‘‘(b)(1)(A) A district court shall render a final deter2 mination and enter a final judgment on any application

3 for a writ of habeas corpus brought under this chapter

4 in a capital case not later than 180 days after the date

5 on which the application is filed.

6 ‘‘(B) A district court shall afford the parties at least

7 120 days in which to complete all actions, including the

8 preparation of all pleadings and briefs, and if necessary,

9 a hearing, prior to the submission of the case for decision.

10 ‘‘(C)(i) A district court may delay for not more than

11 one additional 30-day period beyond the period specified

12 in subparagraph (A), the rendering of a determination of

13 an application for a writ of habeas corpus if the court is14 sues a written order making a finding, and stating the

15 reasons for the finding, that the ends of justice that would

16 be served by allowing the delay outweigh the best interests

17 of the public and the applicant in a speedy disposition of

18 the application.

19 ‘‘(ii) The factors, among others, that a court shall

20 consider in determining whether a delay in the disposition

21 of an application is warranted are as follows:

22 ‘‘(I) Whether the failure to allow the delay

23 would be likely to result in a miscarriage of justice.

24 ‘‘(II) Whether the case is so unusual or so com25 plex, due to the number of defendants, the nature of
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1 the prosecution, or the existence of novel questions

2 of fact or law, that it is unreasonable to expect ade3 quate briefing within the time limitations established

4 by subparagraph (A).

5 ‘‘(III) Whether the failure to allow a delay in

6 a case, that, taken as a whole, is not so unusual or

7 so complex as described in subclause (II), but would

8 otherwise deny the applicant reasonable time to ob9 tain counsel, would unreasonably deny the applicant

10 or the government continuity of counsel, or would

11 deny counsel for the applicant or the government the

12 reasonable time necessary for effective preparation,

13 taking into account the exercise of due diligence.

14 ‘‘(iii) No delay in disposition shall be permissible be15 cause of general congestion of the court’s calendar.

16 ‘‘(iv) The court shall transmit a copy of any order

17 issued under clause (i) to the Director of the Administra18 tive Office of the United States Courts for inclusion in

19 the report under paragraph (5).

20 ‘‘(2) The time limitations under paragraph (1) shall

21 apply to—

22 ‘‘(A) an initial application for a writ of habeas

23 corpus;

24 ‘‘(B) any second or successive application for a

25 writ of habeas corpus; and
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1 ‘‘(C) any redetermination of an application for

2 a writ of habeas corpus following a remand by the

3 court of appeals or the Supreme Court for further

4 proceedings, in which case the limitation period shall

5 run from the date the remand is ordered.

6 ‘‘(3)(A) The time limitations under this section shall

7 not be construed to entitle an applicant to a stay of execu8 tion, to which the applicant would otherwise not be enti9 tled, for the purpose of litigating any application or

10 appeal.

11 ‘‘(B) No amendment to an application for a writ of

12 habeas corpus under this chapter shall be permitted after

13 the filing of the answer to the application, except on the

14 grounds specified in section 2244(b).

15 ‘‘(4)(A) The failure of a court to meet or comply with

16 a time limitation under this section shall not be a ground

17 for granting relief from a judgment of conviction or sen18 tence.

19 ‘‘(B) The State may enforce a time limitation under

20 this section by petitioning for a writ of mandamus to the

21 court of appeals. The court of appeals shall act on the

22 petition for a writ or mandamus not later than 30 days

23 after the filing of the petition.

24 ‘‘(5)(A) The Administrative Office of United States

25 Courts shall submit to Congress an annual report on the
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1 compliance by the district courts with the time limitations

2 under this section.

3 ‘‘(B) The report described in subparagraph (A) shall

4 include copies of the orders submitted by the district

5 courts under paragraph (1)(B)(iv).

6 ‘‘(c)(1)(A) A court of appeals shall hear and render

7 a final determination of any appeal of an order granting

8 or denying, in whole or in part, an application brought

9 under this chapter in a capital case not later than 120

10 days after the date on which the reply brief is filed, or

11 if no reply brief is filed, not later than 120 days after

12 the date on which the answering brief is filed.

13 ‘‘(B)(i) A court of appeals shall decide whether to

14 grant a petition for rehearing or other request for rehear15 ing en banc not later than 30 days after the date on which

16 the petition for rehearing is filed unless a responsive

17 pleading is required, in which case the court shall decide

18 whether to grant the petition not later than 30 days after

19 the date on which the responsive pleading is filed.

20 ‘‘(ii) If a petition for rehearing or rehearing en banc

21 is granted, the court of appeals shall hear and render a

22 final determination of the appeal not later than 120 days

23 after the date on which the order granting rehearing or

24 rehearing en banc is entered.
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1 ‘‘(2) The time limitations under paragraph (1) shall

2 apply to—

3 ‘‘(A) an initial application for a writ of habeas

4 corpus;

5 ‘‘(B) any second or successive application for a

6 writ of habeas corpus; and

7 ‘‘(C) any redetermination of an application for

8 a writ of habeas corpus or related appeal following

9 a remand by the court of appeals en banc or the Su10 preme Court for further proceedings, in which case

11 the limitation period shall run from the date the re12 mand is ordered.

13 ‘‘(3) The time limitations under this section shall not

14 be construed to entitle an applicant to a stay of execution,

15 to which the applicant would otherwise not be entitled, for

16 the purpose of litigating any application or appeal.

17 ‘‘(4)(A) The failure of a court to meet or comply with

18 a time limitation under this section shall not be a ground

19 for granting relief from a judgment of conviction or sen20 tence.

21 ‘‘(B) The State may enforce a time limitation under

22 this section by applying for a writ of mandamus to the

23 Supreme Court.

24 ‘‘(5) The Administrative Office of United States

25 Courts shall submit to Congress an annual report on the
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1 compliance by the courts of appeals with the time limita2 tions under this section.’’.

3 (b) TECHNICAL AMENDMENT.—The table of chapters

4 at the beginning of part VI of title 28, United States Code,

5 is amended by adding after the item relating to chapter

6 153 the following new item:

‘‘154. Special habeas corpus procedures in capital

cases ............................................................................ 2261’’.

7 (c) EFFECTIVE DATE.—Chapter 154 of title 28,

8 United States Code (as added by subsection (a)) shall

9 apply to cases pending on or after the date of enactment

10 of this Act.

11 SEC. 908. TECHNICAL AMENDMENT.

12 Section 408(q) of the Controlled Substances Act (21

13 U.S.C. 848(q)) is amended by amending paragraph (9)

14 to read as follows:

15 ‘‘(9) Upon a finding that investigative, expert, or

16 other services are reasonably necessary for the representa17 tion of the defendant, whether in connection with issues

18 relating to guilt or the sentence, the court may authorize

19 the defendant’s attorneys to obtain such services on behalf

20 of the defendant and, if so authorized, shall order the pay21 ment of fees and expenses therefor under paragraph (10).

22 No ex parte proceeding, communication, or request may

23 be considered pursuant to this section unless a proper

24 showing is made concerning the need for confidentiality.
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1 Any such proceeding, communication, or request shall be

2 transcribed and made a part of the record available for

3 appellate review.’’.

4 SEC. 909. SEVERABILITY.

5 If any provision of this title, an amendment made by

6 this title, or the application of such provision or amend7 ment to any person or circumstance is held to be unconsti8 tutional, the remainder of this title, the amendments made

9 by this title, and the application of the provisions of such

10 to any person or circumstances shall not be affected there11 by.

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