```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2768 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Effective Death Penalty and 
Antiterrorism Act of 1995''.

SEC. 2. TABLE OF CONTENTS.

    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.
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.
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.
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.

                         TITLE I--CRIMINAL ACTS

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

    (a) Homicide.--Section 1114 of title 18, United States Code, is 
amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
    ``Whoever kills or attempts to kill any officer or employee of the 
United States or of any agency in any branch of the United States 
Government (including any member of the uniformed services) while such 
officer or employee is engaged in or on account of the performance of 
official duties, or any person assisting such an officer or employee in 
the performance of such duties or on account of that assistance, shall 
be punished, in the case of murder, as provided under section 1111, or 
in the case of manslaughter, as provided under section 1112, or, in the 
case of attempted murder or manslaughter, as provided in section 
1113.''.
    (b) Threats Against Former Officers and Employees.--Section 
115(a)(2) of title 18, United States Code, is amended by inserting ``, 
or threatens to assault, kidnap, or murder, any person who formerly 
served as a person designated in paragraph (1), or'' after ``assaults, 
kidnaps, or murders, or attempts to kidnap or murder''.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

    (a) In General.--That chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by adding at the end the 
following:
``Sec. 2339B. Providing material support to terrorist organizations
    ``(a) Offense.--Whoever, within the United States, knowingly 
provides material support or resources in or affecting interstate or 
foreign commerce, to any organization which the person knows or should 
have known is a terrorist organization that has been designated under 
section 212(a)(3)(B)(iv) of the Immigration and Nationality Act as a 
terrorist organization shall be fined under this title or imprisoned 
not more than 10 years, or both.
    ``(b) Definition.--As used in this section, the term `material 
support or resources' has the meaning given that term in section 2339A 
of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, is amended by adding at 
the end the following new item:

``2339B. Providing material support to terrorist organizations.''.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended read as 
follows:
``Sec. 2339A. Providing material support to terrorists
    ``(a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the nature, 
location, source, or ownership of material support or resources, 
knowing or intending that they are to be used in preparation for or in 
carrying out, a violation of section 32, 37, 351, 844(f) or (i), 956, 
1114, 1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b 
of this title or section 46502 of title 49, or in preparation for or in 
carrying out the concealment or an escape from the commission of any 
such violation, shall be fined under this title, imprisoned not more 
than ten years, or both.
    ``(b) Definition.--In this section, the term `material support or 
resources' means currency or other financial securities, financial 
services, lodging, training, safehouses, false documentation or 
identification, communications equipment, facilities, weapons, lethal 
substances, explosives, personnel, transportation, and other physical 
assets, except medicine or religious materials.''.

SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after section 2332a the following:
``Sec. 2332b. Acts of terrorism transcending national boundaries
    ``(a) Prohibited Acts.--
            ``(1) Whoever, involving any conduct transcending national 
        boundaries and in a circumstance described in subsection (b)--
                    ``(A) kills, kidnaps, maims, commits an assault 
                resulting in serious bodily injury, or assaults with a 
                dangerous weapon any individual within the United 
                States; or
                    ``(B) creates a substantial risk of serious bodily 
                injury to any other person by destroying or damaging 
                any structure, conveyance, or other real or personal 
                property within the United States or by attempting or 
                conspiring to destroy or damage any structure, 
                conveyance, or other real or personal property within 
                the United States;
        in violation of the laws of any State or the United States 
        shall be punished as prescribed in subsection (c).
            ``(2) Whoever threatens to commit an offense under 
        paragraph (1), or attempts or conspires to do so, shall be 
        punished as prescribed in subsection (c).
    ``(b) Jurisdictional Bases.--The circumstances referred to in 
subsection (a) are--
            ``(1) any of the offenders travels in, or uses the mail or 
        any facility of, interstate or foreign commerce in furtherance 
        of the offense or to escape apprehension after the commission 
        of the offense;
            ``(2) the offense obstructs, delays, or affects interstate 
        or foreign commerce, or would have so obstructed, delayed, or 
        affected interstate or foreign commerce if the offense had been 
        consummated;
            ``(3) the victim, or intended victim, is the United States 
        Government, a member of the uniformed services, or any 
        official, officer, employee, or agent of the legislative, 
        executive, or judicial branches, or of any department or 
        agency, of the United States;
            ``(4) the structure, conveyance, or other real or personal 
        property is, in whole or in part, owned, possessed, used by, or 
        leased to the United States, or any department or agency 
        thereof;
            ``(5) the offense is committed in the territorial sea 
        (including the airspace above and the seabed and subsoil below, 
        and artificial islands and fixed structures erected thereon) of 
        the United States; or
            ``(6) the offense is committed in those places within the 
        United States that are in the special maritime and territorial 
        jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-conspirators of an 
offense under this section, and accessories after the fact to any 
offense under this section, if at least one of such circumstances is 
applicable to at least one offender.
    ``(c) Penalties.--
            ``(1) Whoever violates this section shall be punished--
                    ``(A) for a killing or if death results to any 
                person from any other conduct prohibited by this 
                section by death, or by imprisonment for any term of 
                years or for life;
                    ``(B) for kidnapping, by imprisonment for any term 
                of years or for life;
                    ``(C) for maiming, by imprisonment for not more 
                than 35 years;
                    ``(D) for assault with a dangerous weapon or 
                assault resulting in serious bodily injury, by 
                imprisonment for not more than 30 years;
                    ``(E) for destroying or damaging any structure, 
                conveyance, or other real or personal property, by 
                imprisonment for not more than 25 years;
                    ``(F) for attempting or conspiring to commit an 
                offense, for any term of years up to the maximum 
                punishment that would have applied had the offense been 
                completed; and
                    ``(G) for threatening to commit an offense under 
                this section, by imprisonment for not more than 10 
                years.
            ``(2) Notwithstanding any other provision of law, the court 
        shall not place on probation any person convicted of a 
        violation of this section; nor shall the term of imprisonment 
        imposed under this section run concurrently with any other term 
        of imprisonment.
    ``(d) Limitation on Prosecution.--No indictment shall be sought nor 
any information filed for any offense described in this section until 
the Attorney General, or the highest ranking subordinate of the 
Attorney General with responsibility for criminal prosecutions, makes a 
written certification that, in the judgment of the certifying official, 
such offense, or any activity preparatory to or meant to conceal its 
commission, is a Federal crime of terrorism.
    ``(e) Proof Requirements.--
            ``(1) The prosecution is not required to prove knowledge by 
        any defendant of a jurisdictional base alleged in the 
        indictment.
            ``(2) In a prosecution under this section that is based 
        upon the adoption of State law, only the elements of the 
        offense under State law, and not any provisions pertaining to 
criminal procedure or evidence, are adopted.
    ``(f) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction--
            ``(1) over any offense under subsection (a), including any 
        threat, attempt, or conspiracy to commit such offense; and
            ``(2) over conduct which, under section 3 of this title, 
        renders any person an accessory after the fact to an offense 
        under subsection (a).
    ``(g) Definitions.--As used in this section--
            ``(1) the term `conduct transcending national boundaries' 
        means conduct occurring outside the United States in addition 
        to the conduct occurring in the United States;
            ``(2) the term `facility of interstate or foreign commerce' 
        has the meaning given that term in section 1958(b)(2) of this 
        title;
            ``(3) the term `serious bodily injury' has the meaning 
        prescribed in section 1365(g)(3) of this title;
            ``(4) the term `territorial sea of the United States' means 
        all waters extending seaward to 12 nautical miles from the 
        baselines of the United States determined in accordance with 
        international law; and
            ``(5) the term `Federal crime of terrorism' means an 
        offense that--
                    ``(A) is calculated to influence or affect the 
                conduct of government by intimidation or coercion, or 
                to retaliate against government conduct; and
                    ``(B) is a violation of--
                            ``(i) section 32 (relating to destruction 
                        of aircraft or aircraft facilities), 37 
                        (relating to violence at international 
                        airports), 81 (relating to arson within special 
                        maritime and territorial jurisdiction), 175 
                        (relating to biological weapons), 351 (relating 
                        to congressional, cabinet, and Supreme Court 
                        assassination, kidnapping, and assault), 831 
                        (relating to nuclear weapons), 842 (m) or (n) 
                        (relating to plastic explosives), 844(e) 
                        (relating to certain bombings), 844 (f) or (i) 
                        (relating to arson and bombing of certain 
                        property), 956 (relating to conspiracy to 
                        commit violent acts in foreign countries), 1114 
                        (relating to protection of officers and 
                        employees of the United States), 1116 (relating 
                        to murder or manslaughter of foreign officials, 
                        official guests, or internationally protected 
                        persons), 1203 (relating to hostage taking), 
                        1361 (relating to injury of Government 
                        property), 1362 (relating to destruction of 
                        communication lines), 1363 (relating to injury 
                        to buildings or property within special 
                        maritime and territorial jurisdiction of the 
                        United States), 1366 (relating to destruction 
                        of energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault), 2152 
                        (relating to injury of harbor defenses), 2155 
                        (relating to destruction of national defense 
                        materials, premises, or utilities), 2156 
                        (relating to production of defective national 
                        defense materials, premises, or utilities), 
                        2280 (relating to violence against maritime 
                        navigation), 2281 (relating to violence against 
                        maritime fixed platforms), 2332 (relating to 
                        certain homicides and violence outside the 
                        United States), 2332a (relating to use of 
                        weapons of mass destruction), 2332b (relating 
                        to acts of terrorism transcending national 
                        boundaries), 2339A (relating to providing 
                        material support to terrorists), 2339B 
                        (relating to providing material support to 
                        terrorist organizations), or 2340A (relating to 
                        torture) of this title;
                            ``(ii) section 236 (relating to sabotage of 
                        nuclear facilities or fuel) of the Atomic 
                        Energy Act of 1954; or
                            ``(iii) section 46502 (relating to aircraft 
                        piracy), or 60123(b) (relating to destruction 
                        of interstate gas or hazardous liquid pipeline 
                        facility) of title 49.
    ``(h) Investigative Authority.--In addition to any other 
investigatory authority with respect to violations of this title, the 
Attorney General shall have primary investigative responsibility for 
all Federal crimes of terrorism, and the Secretary of the Treasury 
shall assist the Attorney General at the request of the Attorney 
General.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, that relates to 
terrorism is amended by inserting after the item relating to section 
2332a the following new item:

``2332b. Acts of terrorism transcending national boundaries.''.
    (c) Statute of Limitations Amendment.--Section 3286 of title 18, 
United States Code, is amended by--
            (1) striking ``any offense'' and inserting ``any non-
        capital offense'';
            (2) striking ``36'' and inserting ``37'';
            (3) striking ``2331'' and inserting ``2332'';
            (4) striking ``2339'' and inserting ``2332a''; and
            (5) inserting ``2332b (acts of terrorism transcending 
        national boundaries),'' after ``(use of weapons of mass 
        destruction),''.
    (d) Presumptive Detention.--Section 3142(e) of title 18, United 
States Code, is amended by inserting ``, 956(a), or 2332b'' after 
``section 924(c)''.
    (e) Conforming Amendment.--Section 846 of title 18, United States 
Code, is amended by striking ``In addition to any other'' and all that 
follows through the end of the section.

SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

    (a) In General.--Section 956 of chapter 45 of title 18, United 
States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or 
              damage property in a foreign country
    ``(a)(1) Whoever, within the jurisdiction of the United States, 
conspires with one or more other persons, regardless of where such 
other person or persons are located, to commit at any place outside the 
United States an act that would constitute the offense of murder, 
kidnapping, or maiming if committed in the special maritime and 
territorial jurisdiction of the United States shall, if any of the 
conspirators commits an act within the jurisdiction of the United 
States to effect any object of the conspiracy, be punished as provided 
in subsection (a)(2).
    ``(2) The punishment for an offense under subsection (a)(1) of this 
section is--
            ``(A) imprisonment for any term of years or for life if the 
        offense is conspiracy to murder or kidnap; and
            ``(B) imprisonment for not more than 35 years if the 
        offense is conspiracy to maim.
    ``(b) Whoever, within the jurisdiction of the United States, 
conspires with one or more persons, regardless of where such other 
person or persons are located, to damage or destroy specific property 
situated within a foreign country and belonging to a foreign government 
or to any political subdivision thereof with which the United States is 
at peace, or any railroad, canal, bridge, airport, airfield, or other 
public utility, public conveyance, or public structure, or any 
religious, educational, or cultural property so situated, shall, if any 
of the conspirators commits an act within the jurisdiction of the 
United States to effect any object of the conspiracy, be imprisoned not 
more than 25 years.''.
    (b) Clerical Amendment.--The item relating to section 956 in the 
table of sections at the beginning of chapter 45 of title 18, United 
States Code, is amended to read as follows:

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

SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
              CERTAIN TERRORISM OFFENSES OVERSEAS.

    (a) Aircraft Piracy.--Section 46502(b) of title 49, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``and later found in the 
        United States'';
            (2) so that paragraph (2) reads as follows:
    ``(2) There is jurisdiction over the offense in paragraph (1) if--
            ``(A) a national of the United States was aboard the 
        aircraft;
            ``(B) an offender is a national of the United States; or
            ``(C) an offender is afterwards found in the United 
        States.''; and
            (3) by inserting after paragraph (2) the following:
    ``(3) For purposes of this subsection, the term `national of the 
United States' has the meaning prescribed in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) 
of title 18, United States Code, is amended--
            (1) by striking ``, if the offender is later found in the 
        United States,''; and
            (2) by inserting at the end the following: ``There is 
        jurisdiction over an offense under this subsection if a 
        national of the United States was on board, or would have been 
        on board, the aircraft; an offender is a national of the United 
        States; or an offender is afterwards found in the United 
        States. For purposes of this subsection, the term `national of 
        the United States' has the meaning prescribed in section 
        101(a)(22) of the Immigration and Nationality Act.''.
    (c) Murder of Foreign Officials and Certain Other Persons.--Section 
1116 of title 18, United States Code, is amended--
            (1) in subsection (b), by adding at the end the following:
            ``(7) `National of the United States' has the meaning 
        prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''; and
            (2) in subsection (c), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
            (1) in subsection (c), by inserting ```national of the 
        United States','' before ``and''; and
            (2) in subsection (e), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States any exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (e) Threats and Extortion Against Foreign Officials and Certain 
Other Persons.--Section 878 of title 18, United States Code, is 
amended--
            (1) in subsection (c), by inserting ```national of the 
        United States','' before ``and''; and
            (2) in subsection (d), by striking the first sentence and 
        inserting the following: ``If the victim of an offense under 
        subsection (a) is an internationally protected person outside 
        the United States, the United States may exercise jurisdiction 
        over the offense if (1) the victim is a representative, 
        officer, employee, or agent of the United States, (2) an 
        offender is a national of the United States, or (3) an offender 
        is afterwards found in the United States.''.
    (f) Kidnapping of Internationally Protected Persons.--Section 
1201(e) of title 18, United States Code, is amended--
            (1) by striking the first sentence and inserting the 
        following: ``If the victim of an offense under subsection (a) 
        is an internationally protected person outside the United 
        States, the United States may exercise jurisdiction over the 
        offense if (1) the victim is a representative, officer, 
        employee, or agent of the United States, (2) an offender is a 
        national of the United States, or (3) an offender is afterwards 
        found in the United States.''; and
            (2) by adding at the end the following: ``For purposes of 
        this subsection, the term `national of the United States' has 
        the meaning prescribed in section 101(a)(22) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (g) Violence at International Airports.--Section 37(b)(2) of title 
18, United States Code, is amended--
            (1) by inserting ``(A)'' before ``the offender is later 
        found in the United States''; and
            (2) by inserting ``; or (B) an offender or a victim is a 
        national of the United States (as defined in section 101(a)(22) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(22)))'' after ``the offender is later found in the 
        United States''.
    (h) Biological Weapons.--Section 178 of title 18, United States 
Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding the following at the end:
            ``(5) the term `national of the United States' has the 
        meaning prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)).''.

SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
              STATUTE.

    Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``Against a National or Within the 
                United States'' after ``Offense'';
                    (B) by inserting ``, without lawful authority'' 
                after ``A person who'';
                    (C) by inserting ``threatens,'' before ``attempts 
                or conspires to use, a weapon of mass destruction''; 
                and
                    (D) by inserting ``and the results of such use 
                affect interstate or foreign commerce or, in the case 
                of a threat, attempt, or conspiracy, would have 
                affected interstate or foreign commerce'' before the 
                semicolon at the end of paragraph (2);
            (2) in subsection (b)(2)(A), by striking ``section 921'' 
        and inserting ``section 921(a)(4) (other than subparagraphs (B) 
        and (C))'';
            (3) in subsection (b), so that subparagraph (B) of 
        paragraph (2) reads as follows:
                    ``(B) any weapon that is designed to cause death or 
                serious bodily injury through the release, 
                dissemination, or impact of toxic or poisonous 
                chemicals, or their precursors;'';
            (4) by redesignating subsection (b) as subsection (c); and
            (5) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Offense by National Outside the United States.--Any national 
of the United States who, without lawful authority and outside the 
United States, uses, or threatens, attempts, or conspires to use, a 
weapon of mass destruction shall be imprisoned for any term of years or 
for life, and if death results, shall be punished by death, or by 
imprisonment for any term of years or for life.''.

SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

    (a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii) 
of title 18, United States Code, is amended by striking ``or 
extortion;'' and inserting ``extortion, murder, or destruction of 
property by means of explosive or fire;''.
    (b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended--
            (1) by inserting after ``an offense under'' the following: 
        ``section 32 (relating to the destruction of aircraft), section 
        37 (relating to violence at international airports), section 
        115 (relating to influencing, impeding, or retaliating against 
        a Federal official by threatening or injuring a family 
        member),'';
            (2) by inserting after ``section 215 (relating to 
        commissions or gifts for procuring loans),'' the following: 
        ``section 351 (relating to Congressional or Cabinet officer 
        assassination),'';
            (3) by inserting after ``section 793, 794, or 798 (relating 
        to espionage),'' the following: ``section 831 (relating to 
        prohibited transactions involving nuclear materials), section 
        844 (f) or (i) (relating to destruction by explosives or fire 
        of Government property or property affecting interstate or 
        foreign commerce),'';
            (4) by inserting after ``section 875 (relating to 
        interstate communications),'' the following: ``section 956 
        (relating to conspiracy to kill, kidnap, maim, or injure 
        certain property in a foreign country),'';
            (5) by inserting after ``1032 (relating to concealment of 
        assets from conservator, receiver, or liquidating agent of 
        financial institution),'' the following: ``section 1111 
        (relating to murder), section 1114 (relating to protection of 
        officers and employees of the United States), section 1116 
        (relating to murder of foreign officials, official guests, or 
        internationally protected persons),'';
            (6) by inserting after ``section 1203 (relating to hostage 
        taking),'' the following: ``section 1361 (relating to willful 
        injury of Government property), section 1363 (relating to 
        destruction of property within the special maritime and 
        territorial jurisdiction),'';
            (7) by inserting after ``section 1708 (theft from the 
        mail),'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
            (8) by inserting after ``2114 (relating to bank and postal 
        robbery and theft),'' the following: ``section 2280 (relating 
        to violence against maritime navigation), section 2281 
        (relating to violence against maritime fixed platforms),''; and
            (9) by striking ``of this title'' and inserting the 
        following: ``section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2332a (relating to 
        use of weapons of mass destruction), section 2332b (relating to 
        international terrorist acts transcending national boundaries), 
        section 2339A (relating to providing material support to 
        terrorists) of this title, section 46502 of title 49, United 
        States Code''.

SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

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

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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

SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETERMINING WHAT AMMUNITION 
              IS CAPABLE OF PENETRATING POLICE BODY ARMOR.

    The National Institute of Justice is directed to perform a study 
of, and to recommend to Congress, a methodology for determining what 
ammunition, designed for handguns, is capable of penetrating police 
body armor. Not later than 6 months after the date of the enactment of 
this Act, the National Institute of Justice shall report to Congress 
the results of such study and such recommendations.

                     TITLE II--INCREASED PENALTIES

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

    (a) Increased Penalties for Damaging Certain Property.--Section 
844(f) of title 18, United States Code, is amended to read as follows:
    ``(f) Whoever damages or destroys, or attempts to damage or 
destroy, by means of fire or an explosive, any personal or real 
property in whole or in part owned, possessed, or used by, or leased 
to, the United States, or any department or agency thereof, or any 
institution or organization receiving Federal financial assistance 
shall be fined under this title or imprisoned for not more than 25 
years, or both, but--
            ``(1) if personal injury results to any person other than 
        the offender, the term of imprisonment shall be not more than 
        40 years;
            ``(2) if fire or an explosive is used and its use creates a 
        substantial risk of serious bodily injury to any person other 
        than the offender, the term of imprisonment shall not be less 
        than 20 years; and
            ``(3) if death results to any person other than the 
        offender, the offender shall be subject to the death penalty or 
        imprisonment for any term of years not less than 30, or for 
        life.''.
    (b) Conforming Amendment.--Section 81 of title 18, United States 
Code, is amended by striking ``fined under this title or imprisoned not 
more than five years, or both'' and inserting ``imprisoned not more 
than 25 years or fined the greater of the fine under this title or the 
cost of repairing or replacing any property that is damaged or 
destroyed, or both''.
    (c) Statute of Limitation for Arson Offenses.--
            (1) Chapter 213 of title 18, United States Code, is amended 
        by adding at the end the following:
``Sec. 3295. Arson offenses
    ``No person shall be prosecuted, tried, or punished for any 
noncapital offense under section 81 or subsection (f), (h), or (i) of 
section 844 of this title unless the indictment is found or the 
information is instituted within 7 years after the date on which the 
offense was committed.''.
            (2) The table of sections at the beginning of chapter 213 
        of title 18, United States Code, is amended by adding at the 
        end the following new item:

``3295. Arson offenses.''.
            (3) Section 844(i) of title 18, United States Code, is 
        amended by striking the last sentence.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

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

SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM 
              OFFENSES.

    (a) Title 18 Offenses.--
            (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 
        115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 
        18, United States Code, are each amended by inserting ``or 
        conspires'' after ``attempts''.
            (2) Section 115(b)(2) of title 18, United States Code, is 
        amended by striking ``or attempted kidnapping'' both places it 
        appears and inserting ``, attempted kidnapping, or conspiracy 
        to kidnap''.
            (3)(A) Section 115(b)(3) of title 18, United States Code, 
        is amended by striking ``or attempted murder'' and inserting 
        ``, attempted murder, or conspiracy to murder''.
            (B) Section 115(b)(3) of title 18, United States Code, is 
        amended by striking ``and 1113'' and inserting ``, 1113, and 
        1117''.
            (4) Section 175(a) of title 18, United States Code, is 
        amended by inserting ``or conspires to do so,'' after ``any 
        organization to do so,''.
    (b) Aircraft Piracy.--
            (1) Section 46502(a)(2) of title 49, United States Code, is 
        amended by inserting ``or conspiring'' after ``attempting''.
            (2) Section 46502(b)(1) of title 49, United States Code, is 
        amended by inserting ``or conspiring to commit'' after 
        ``committing''.

SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT 
              WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended--
            (1) by inserting ``or having reasonable cause to believe'' 
        after ``knowing''; and
            (2) by striking ``imprisoned not more than 10 years, fined 
        in accordance with this title, or both.'' and inserting 
        ``subject to the same penalties as may be imposed under 
        subsection (c) for a first conviction for the use or carrying 
        of the firearm.''.

SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 
              KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF 
              VIOLENCE.

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

SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

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

                     TITLE III--INVESTIGATIVE TOOLS

SEC. 301. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN 
              COUNTERINTELLIGENCE INVESTIGATIONS.

    (a) Application.--Section 3122(b)(2) of title 18, United States 
Code, is amended by inserting ``or foreign counterintelligence'' after 
``criminal''.
    (b) Order.--
            (1) Section 3123(a) of title 18, United States Code, is 
        amended by inserting ``or foreign counterintelligence'' after 
        ``criminal''.
            (2) Section 3123(b)(1) of title 18, United States Code, is 
        amended in subparagraph (B), by striking ``criminal''.

SEC. 302. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU 
              OF INVESTIGATION.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by adding after section 623 the following new section:
``Sec. 624. Disclosures to FBI for counterintelligence purposes
    ``(a) Identity of Financial Institutions.--Notwithstanding section 
604 or any other provision of this title, a consumer reporting agency 
shall furnish to the Federal Bureau of Investigation the names and 
addresses of all financial institutions (as that term is defined in 
section 1101 of the Right to Financial Privacy Act of 1978) at which a 
consumer maintains or has maintained an account, to the extent that 
information is in the files of the agency, when presented with a 
written request for that information, signed by the Director of the 
Federal Bureau of Investigation, or the Director's designee, which 
certifies compliance with this section. The Director or the Director's 
designee may make such a certification only if the Director or the 
Director's designee has determined in writing that--
            ``(1) such information is necessary for the conduct of an 
        authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer--
                    ``(A) is a foreign power (as defined in section 101 
                of the Foreign Intelligence Surveillance Act of 1978) 
                or a person who is not a United States person (as 
                defined in such section 101) and is an official of a 
                foreign power; or
                    ``(B) is an agent of a foreign power and is 
                engaging or has engaged in international terrorism (as 
                that term is defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or clandestine 
                intelligence activities that involve or may involve a 
                violation of criminal statutes of the United States.
    ``(b) Identifying Information.--Notwithstanding the provisions of 
section 604 or any other provision of this title, a consumer reporting 
agency shall furnish identifying information respecting a consumer, 
limited to name, address, former addresses, places of employment, or 
former places of employment, to the Federal Bureau of Investigation 
when presented with a written request, signed by the Director or the 
Director's designee, which certifies compliance with this subsection. 
The Director or the Director's designee may make such a certification 
only if the Director or the Director's designee has determined in 
writing that--
            ``(1) such information is necessary to the conduct of an 
        authorized counterintelligence investigation; and
            ``(2) there is information giving reason to believe that 
        the consumer has been, or is about to be, in contact with a 
        foreign power or an agent of a foreign power (as defined in 
        section 101 of the Foreign Intelligence Surveillance Act of 
        1978).
    ``(c) Court Order for Disclosure of Consumer Reports.--
Notwithstanding section 604 or any other provision of this title, if 
requested in writing by the Director of the Federal Bureau of 
Investigation, or a designee of the Director, a court may issue an 
order ex parte directing a consumer reporting agency to furnish a 
consumer report to the Federal Bureau of Investigation, upon a showing 
in camera that--
            ``(1) the consumer report is necessary for the conduct of 
        an authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer report is 
        sought--
                    ``(A) is an agent of a foreign power; and
                    ``(B) is engaging or has engaged in international 
                terrorism (as that term is defined in section 101(c) of 
                the Foreign Intelligence Surveillance Act of 1978) or 
                clandestine intelligence activities that involve or may 
                involve a violation of criminal statutes of the United 
                States.
The terms of an order issued under this subsection shall not disclose 
that the order is issued for purposes of a counterintelligence 
investigation.
    ``(d) Confidentiality.--No consumer reporting agency or officer, 
employee, or agent of a consumer reporting agency shall disclose to any 
person, other than those officers, employees, or agents of a consumer 
reporting agency necessary to fulfill the requirement to disclose 
information to the Federal Bureau of Investigation under this section, 
that the Federal Bureau of Investigation has sought or obtained the 
identity of financial institutions or a consumer report respecting any 
consumer under subsection (a), (b), or (c) and no consumer reporting 
agency or officer, employee, or agent of a consumer reporting agency 
shall include in any consumer report any information that would 
indicate that the Federal Bureau of Investigation has sought or 
obtained such information or a consumer report.
    ``(e) Payment of Fees.--The Federal Bureau of Investigation shall, 
subject to the availability of appropriations, pay to the consumer 
reporting agency assembling or providing reports or information in 
accordance with procedures established under this section, a fee for 
reimbursement for such costs as are reasonably necessary and which have 
been directly incurred in searching, reproducing, or transporting 
books, papers, records, or other data required or requested to be 
produced under this section.
    ``(f) Limit on Dissemination.--The Federal Bureau of Investigation 
may not disseminate information obtained pursuant to this section 
outside of the Federal Bureau of Investigation, except to other Federal 
agencies as may be necessary for the approval or conduct of a foreign 
counterintelligence investigation, or, where the information concerns a 
person subject to the Uniform Code of Military Justice, to appropriate 
investigative authorities within the military department concerned as 
may be necessary for the conduct of a joint foreign counterintelligence 
investigation.
    ``(g) Rules of Construction.--Nothing in this section shall be 
construed to prohibit information from being furnished by the Federal 
Bureau of Investigation pursuant to a subpoena or court order, or in 
connection with a judicial or administrative proceeding to enforce the 
provisions of this Act. Nothing in this section shall be construed to 
authorize or permit the withholding or information from the Congress.
    ``(h) Reports to Congress.--On a semiannual basis, the Attorney 
General of the United States shall fully inform the Permanent Select 
Committee on Intelligence and the Committee on Banking and Financial 
Services of the House of Representatives, and the Select Committee on 
Intelligence and the Committee on Banking, Housing, and Urban Affairs 
of the Senate concerning all requests made pursuant to subsections (a), 
(b), and (c).
    ``(i) Damages.--Any agency or department of the United States 
obtaining or disclosing any consumer reports, records, or information 
contained therein in violation of this section is liable to the 
consumer to whom such consumer reports, records, or information relate 
in an amount equal to the sum of--
            ``(1) $100, without regard to the volume of consumer 
        reports, records, or information involved;
            ``(2) any actual damages sustained by the consumer as a 
        result of the disclosure;
            ``(3) if the violation is found to have been willful or 
        intentional, such punitive damages as a court may allow; and
            ``(4) in the case of any successful action to enforce 
        liability under this subsection, the costs of the action, 
        together with reasonable attorney fees, as determined by the 
        court.
    ``(j) Disciplinary Actions for Violations.--If a court determines 
that any agency or department of the United States has violated any 
provision of this section and the court finds that the circumstances 
surrounding the violation raise questions of whether or not an officer 
or employee of the agency or department acted willfully or 
intentionally with respect to the violation, the agency or department 
shall promptly initiate a proceeding to determine whether or not 
disciplinary action is warranted against the officer or employee who 
was responsible for the violation.
    ``(k) Good-Faith Exception.--Notwithstanding any other provision of 
this title, any consumer reporting agency or agent or employee thereof 
making disclosure of consumer reports or identifying information 
pursuant to this subsection in good-faith reliance upon a certification 
of the Federal Bureau of Investigation pursuant to provisions of this 
section shall not be liable to any person for such disclosure under 
this title, the constitution of any State, or any law or regulation of 
any State or any political subdivision of any State.
    ``(l) Limitation of Remedies.--Notwithstanding any other provision 
of this title, the remedies and sanctions set forth in this section 
shall be the only judicial remedies and sanctions for violation of this 
section.
    ``(m) Injunctive Relief.--In addition to any other remedy contained 
in this section, injunctive relief shall be available to require 
compliance with the procedures of this section. In the event of any 
successful action under this subsection, costs together with reasonable 
attorney fees, as determined by the court, may be recovered.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by 
adding after the item relating to section 623 the following:

``624. Disclosures to FBI for counterintelligence purposes.''.

SEC. 303. DISCLOSURE OF BUSINESS RECORDS HELD BY THIRD PARTIES IN 
              FOREIGN COUNTERINTELLIGENCE CASES.

    (a) In General.--Title 18, United States Code, is amended by 
inserting after chapter 121 the following:

                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS

``Sec.
``2720. Disclosure of business records held by third parties in foreign 
                            counterintelligence cases.
``Sec. 2720. Disclosure of business records held by third parties in 
              foreign counterintelligence cases
    ``(a)(1) A court or magistrate judge may issue an order ex parte, 
upon application by the Director of the Federal Bureau of Investigation 
(or the Director's designee, whose rank shall be no lower than 
Assistant Special Agent in Charge), directing any common carrier, 
public accommodation facility, physical storage facility, or vehicle 
rental facility to furnish any records in its possession to the Federal 
Bureau of Investigation. The court or magistrate judge shall issue the 
order if the court or magistrate judge finds that--
            ``(A) such records are necessary for counter-terrorism or 
        foreign counterintelligence purposes; and
            ``(B) there are specific and articulable facts giving 
        reason to believe that the person to whom the records pertain 
        is--
                    ``(i) a foreign power; or
                    ``(ii) an agent of a foreign power and is engaging 
                or has engaged in international terrorism (as that term 
                is defined in section 101(c) of the Foreign 
                Intelligence Surveillance Act of 1978) or clandestine 
                intelligence activities that involve or may involve a 
                violation of criminal statutes of the United States.
    ``(2) An order issued under this subsection shall not disclose that 
it is issued for purposes of a counterintelligence investigation.
    ``(b) No common carrier, public accommodation facility, physical 
storage facility, or vehicle rental facility, or any officer, employee, 
or agent of such common carrier, public accommodation facility, 
physical storage facility, or vehicle rental facility, shall disclose 
to any person, other than those officers, agents, or employees of the 
common carrier, public accommodation facility, physical storage 
facility, or vehicle rental facility necessary to fulfill the 
requirement to disclose the information to the Federal Bureau of 
Investigation under this section.
    ``(c)(1) The Federal Bureau of Investigation may not disseminate 
information obtained pursuant to this section outside the Federal 
Bureau of Investigation, except--
            ``(A) to the Department of Justice or any other law 
        enforcement agency, as may be necessary for the approval or 
        conduct of a foreign counterintelligence investigation; or
            ``(B) where the information concerns a person subject to 
        the Uniform Code of Military Justice, to appropriate 
        investigative authorities within the military department 
        concerned as may be necessary for the conduct of a joint 
        foreign counterintelligence investigation.
    ``(2) Any agency or department of the United States obtaining or 
disclosing any information in violation of this paragraph shall be 
liable to any person harmed by the violation in an amount equal to the 
sum of--
            ``(A) $100 without regard to the volume of information 
        involved;
            ``(B) any actual damages sustained by the person harmed as 
        a result of the violation;
            ``(C) if the violation is willful or intentional, such 
        punitive damages as a court may allow; and
            ``(D) in the case of any successful action to enforce 
        liability under this paragraph, the costs of the action, 
        together with reasonable attorney fees, as determined by the 
        court.
    ``(d) If a court determines that any agency or department of the 
United States has violated any provision of this section and the court 
finds that the circumstances surrounding the violation raise questions 
of whether or not an officer or employee of the agency or department 
acted willfully or intentionally with respect to the violation, the 
agency or department shall promptly initiate a proceeding to determine 
whether or not disciplinary action is warranted against the officer or 
employee who was responsible for the violation.
    ``(e) As used in this section--
            ``(1) the term `common carrier' means a locomotive, rail 
        carrier, bus carrying passengers, water common carrier, air 
        common carrier, or private commercial interstate carrier for 
        the delivery of packages and other objects;
            ``(2) the term `public accommodation facility' means any 
        inn, hotel, motel, or other establishment that provides lodging 
        to transient guests;
            ``(3) the term `physical storage facility' means any 
        business or entity that provides space for the storage of goods 
        or materials, or services related to the storage of goods or 
materials, to the public or any segment thereof; and
            ``(4) the term `vehicle rental facility' means any person 
        or entity that provides vehicles for rent, lease, loan, or 
        other similar use, to the public or any segment thereof.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by inserting after 
the item relating to chapter 121 the following new item:

``122. Access to certain records............................    2720''.

SEC. 304. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES 
              AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE COMPONENTS 
              INERT, AND IMPOSING CONTROLS OF PRECURSORS OF EXPLOSIVES.

    (a) Study.--The Attorney General, in consultation with other 
Federal, State and local officials with expertise in this area and such 
other individuals as the Attorney General deems appropriate, shall 
conduct a study concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) technology for devices to improve the detection of 
        explosives materials;
            (3) whether common chemicals used to manufacture explosive 
        materials can be rendered inert and whether it is feasible to 
        require it; and
            (4) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible to require it.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report that contains the results of the study required by 
this section. The Attorney General shall make the report available to 
the public.

SEC. 305. APPLICATION OF STATUTORY EXCLUSIONARY RULE CONCERNING 
              INTERCEPTED WIRE OR ORAL COMMUNICATIONS.

    Section 2515 of title 18, United States Code, is amended by adding 
at the end the following: ``This section shall not apply to the 
disclosure by the United States in a criminal trial or hearing or 
before a grand jury of the contents of a wire or oral communication, or 
evidence derived therefrom, if any law enforcement officers who 
intercepted the communication or gathered the evidence derived 
therefrom acted with the reasonably objective belief that their actions 
were in compliance with this chapter.''.

SEC. 306. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-
              RELATED DEFINITIONS.

    (a) Definition of ``Electronic Communication''.--Section 2510(12) 
of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by inserting ``or'' at the end of subparagraph (C); and
            (3) by adding a new subparagraph (D), as follows:
                    ``(D) information stored in a communications system 
                used for the electronic storage and transfer of 
                funds;''
    (b) Definition of ``Readily Accessible to the General Public''.--
Section 2510(16) of title 18, United States Code, is amended--
            (1) by inserting ``or'' at the end of subparagraph (D);
            (2) by striking ``or'' at the end of subparagraph (E); and
            (3) by striking subparagraph (F).

SEC. 307. REQUIREMENT FOR PERIODIC REPORT.

    Subsection (6) of section 2518 of title 18, United States Code is 
amended to read as follows:
    ``(6) Whenever an order authorizing interception is entered under 
this chapter, the order shall require the attorney for the Government 
to file a report with the judge who issued the order showing what 
progress has been made toward achievement of the authorized objective 
and the need for continued interception. Such report shall be made 15 
days after the interception has begun. No other reports shall be made 
to the judge under this subsection.''.

SEC. 308. ACCESS TO TELEPHONE BILLING RECORDS.

    (a) Section 2709.--Section 2709(b) of title 18, United States Code, 
is amended--
            (1) in paragraph (1)(A), by inserting ``local and long 
        distance'' before ``toll billing records'';
            (2) by striking ``and'' at the end of paragraph (1);
            (3) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (4) by adding at the end a new paragraph (3), as follows:
            ``(3) request the name, address, length of service, and 
        local and long distance toll billing records of a person or 
        entity if the Director or the Director's designee (in a 
        position not lower than Deputy Assistant Director) certifies in 
        writing to the wire or electronic communication service 
        provider to which the request is made that the information 
        sought is relevant to an authorized international terrorism 
        investigation (as defined in section 2331 of this title).''.
    (b) Section 2703.--Section 2703(c)(1)(C) of title 18, United States 
Code, is amended by inserting ``local and long distance'' before 
``telephone toll billing records''.
    (c) Civil Remedy.--Section 2707 of title 18, United States Code, is 
amended--
            (1) in subsection (a), by striking ``customer'' and 
        inserting ``any other person'';
            (2) in subsection (c), inserting before the period at the 
        end the following: ``, and if the violation is willful or 
        intentional, such punitive damages as the court may allow, and, 
        in the case of any successful action to enforce liability under 
        this section, the costs of the action, together with reasonable 
        attorney fees, as determined by the court''; and
            (3) by adding at the end the following:
    ``(f) Disciplinary Actions for Violations.--If a court determines 
that any agency or department of the United States has violated this 
chapter and the court finds that the circumstances surrounding the 
violation raise questions of whether or not an officer or employee of 
the agency or department acted willfully or intentionally with respect 
to the violation, the agency or department shall promptly initiate a 
proceeding to determine whether or not disciplinary action is warranted 
against the officer or employee who was responsible for the 
violation.''.

SEC. 309. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

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

SEC. 310. DETENTION HEARING.

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

SEC. 311. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

    (a) In General.--Title 18, United States Code, is amended by 
striking sections 3059 through 3059A and inserting the following:
``Sec. 3059. Reward authority of the Attorney General
    ``(a) The Attorney General may pay rewards and receive from any 
department or agency, funds for the payment of rewards under this 
section, to any individual who provides any information unknown to the 
Government leading to the arrest or prosecution of any individual for 
Federal felony offenses.
    ``(b) If the reward exceeds $100,000, the Attorney General shall 
give notice of that fact to the Senate and the House of Representatives 
not later than 30 days before authorizing the payment of the reward.
    ``(c) A determination made by the Attorney General as to whether to 
authorize an award under this section and as to the amount of any 
reward authorized shall not be subject to judicial review.
    ``(d) If the Attorney General determines that the identity of the 
recipient of a reward or of the members of the recipient's immediate 
family must be protected, the Attorney General may take such measures 
in connection with the payment of the reward as the Attorney General 
deems necessary to effect such protection.
    ``(e) No officer or employee of any governmental entity may receive 
a reward under this section for conduct in performance of his or her 
official duties.
    ``(f) Any individual (and the immediate family of such individual) 
who furnishes information which would justify a reward under this 
section or a reward by the Secretary of State under section 36 of the 
State Department Basic Authorities Act of 1956 may, in the discretion 
of the Attorney General, participate in the Attorney General's witness 
security program under chapter 224 of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 203 of title 18, United States Code, is amended by striking the 
items relating to section 3059 and 3059A and inserting the following 
new item:

``3059. Reward authority of the Attorney General.''.
    (c) Conforming Amendment.--Section 1751 of title 18, United States 
Code, is amended by striking subsection (g).

SEC. 312. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF 
              COLUMBIA.

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

SEC. 313. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

    (a) Study.--The Attorney General of the United States shall conduct 
a study of the extent of thefts from military arsenals (including 
National Guard armories) of firearms, explosives, and other materials 
that are potentially useful to terrorists.
    (b) Report to the Congress.--Within 6 months after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report on the study required by subsection (a).

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``nuclear material'' 
        each place it appears and inserting ``nuclear material or 
        nuclear byproduct material'';
            (2) in subsection (a)(1)(A), by inserting ``or the 
        environment'' after ``property'';
            (3) so that subsection (a)(1)(B) reads as follows:
                    ``(B)(i) circumstances exist which are likely to 
                cause the death of or serious bodily injury to any 
                person or substantial damage to property or the 
                environment; or (ii) such circumstances are represented 
                to the defendant to exist;'';
            (4) in subsection (a)(6), by inserting ``or the 
        environment'' after ``property'';
            (5) so that subsection (c)(2) reads as follows:
            ``(2) an offender or a victim is a national of the United 
        States or a United States corporation or other legal entity;'';
            (6) in subsection (c)(3), by striking ``at the time of the 
        offense the nuclear material is in use, storage, or transport, 
        for peaceful purposes, and'';
            (7) by striking ``or'' at the end of subsection (c)(3);
            (8) in subsection (c)(4), by striking ``nuclear material 
        for peaceful purposes'' and inserting ``nuclear material or 
        nuclear byproduct material'';
            (9) by striking the period at the end of subsection (c)(4) 
        and inserting ``; or'';
            (10) by adding at the end of subsection (c) the following:
            ``(5) the governmental entity under subsection (a)(5) is 
        the United States or the threat under subsection (a)(6) is 
        directed at the United States.'';
            (11) in subsection (f)(1)(A), by striking ``with an 
        isotopic concentration not in excess of 80 percent plutonium 
        238'';
            (12) in subsection (f)(1)(C) by inserting ``enriched 
        uranium, defined as'' before ``uranium'';
            (13) in subsection (f), by redesignating paragraphs (2), 
        (3), and (4) as paragraphs (3), (4), and (5), respectively;
            (14) by inserting after subsection (f)(1) the following:
            ``(2) the term `nuclear byproduct material' means any 
        material containing any radioactive isotope created through an 
        irradiation process in the operation of a nuclear reactor or 
        accelerator;'';
            (15) by striking ``and'' at the end of subsection (f)(4), 
        as redesignated;
            (16) by striking the period at the end of subsection 
        (f)(5), as redesignated, and inserting a semicolon; and
            (17) by adding at the end of subsection (f) the following:
            ``(6) the term `national of the United States' has the 
        meaning prescribed in section 101(a)(22) of the Immigration and 
        Nationality Act (8 U.S.C. 1101(a)(22)); and
            ``(7) the term `United States corporation or other legal 
        entity' means any corporation or other entity organized under 
        the laws of the United States or any State, district, 
        commonwealth, territory or possession of the United States.''.

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding 
at the end the following:
            ``(o) `Convention on the Marking of Plastic Explosives' 
        means the Convention on the Marking of Plastic Explosives for 
        the Purpose of Detection, Done at Montreal on 1 March 1991.
            ``(p) `Detection agent' means any one of the substances 
        specified in this subsection when introduced into a plastic 
        explosive or formulated in such explosive as a part of the 
        manufacturing process in such a manner as to achieve 
        homogeneous distribution in the finished explosive, including--
                    ``(1) Ethylene glycol dinitrate (EGDN), 
                C<INF>2H<INF>4(NO<INF>3)<INF>2, molecular weight 152, 
                when the minimum concentration in the finished 
                explosive is 0.2 percent by mass;
                    ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), 
                C<INF>6H<INF>12(NO<INF>2)<INF>2, molecular weight 176, 
                when the minimum concentration in the finished 
                explosive is 0.1 percent by mass;
                    ``(3) Para-Mononitrotoluene (p-MNT), 
                C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass;
                    ``(4) Ortho-Mononitrotoluene (o-MNT), 
                C<INF>7H<INF>7NO<INF>2, molecular weight 137, when the 
                minimum concentration in the finished explosive is 0.5 
                percent by mass; and
                    ``(5) any other substance in the concentration 
                specified by the Secretary, after consultation with the 
                Secretary of State and the Secretary of Defense, which 
                has been added to the table in part 2 of the Technical 
                Annex to the Convention on the Marking of Plastic 
                Explosives.
            ``(q) `Plastic explosive' means an explosive material in 
        flexible or elastic sheet form formulated with one or more high 
        explosives which in their pure form have a vapor pressure less 
        than 10<SUP>-4 Pa at a temperature of 25 deg.C., is formulated 
        with a binder material, and is as a mixture malleable or 
        flexible at normal room temperature.''.

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive which does not contain a detection agent.
    ``(m)(1) it shall be unlawful for any person to import or bring 
into the United States, or export from the United States, any plastic 
explosive which does not contain a detection agent.
    ``(2) Until the 15-year period that begins with the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the importation or bringing into the United States, or the 
exportation from the United States, of any plastic explosive which was 
imported, brought into, or manufactured in the United States before the 
effective date of this subsection by or on behalf of any agency of the 
United States performing military or police functions (including any 
military Reserve component) or by or on behalf of the National Guard of 
any State.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2)(A) During the 3-year period that begins on the effective date 
of this subsection, paragraph (1) shall not apply to the shipment, 
transportation, transfer, receipt, or possession of any plastic 
explosive, which was imported, brought into, or manufactured in the 
United States before such effective date by any person.
    ``(B) Until the 15-year period that begins on the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the shipment, transportation, transfer, receipt, or possession of 
any plastic explosive, which was imported, brought into, or 
manufactured in the United States before the effective date of this 
subsection by or on behalf of any agency of the United States 
performing a military or police function (including any military 
reserve component) or by or on behalf of the National Guard of any 
State.
    ``(o) It shall be unlawful for any person, other than an agency of 
the United States (including any military reserve component) or the 
National Guard of any State, possessing any plastic explosive on the 
effective date of this subsection, to fail to report to the Secretary 
within 120 days after the effective date of this subsection the 
quantity of such explosives possessed, the manufacturer or importer, 
any marks of identification on such explosives, and such other 
information as the Secretary may by regulations prescribe.''.

SEC. 503. CRIMINAL SANCTIONS.

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

SEC. 504. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``(l), (m), (n), or (o) 
        of section 842 and subsections'' after ``subsections'';
            (2) in subsection (a)(1), by inserting ``and which pertains 
        to safety'' before the semicolon; and
            (3) by adding at the end the following:
    ``(c) It is an affirmative defense against any proceeding involving 
subsection (l), (m), (n), or (o) of section 842 of this title if the 
proponent proves by a preponderance of the evidence that the plastic 
explosive--
            ``(1) consisted of a small amount of plastic explosive 
        intended for and utilized solely in lawful--
                    ``(A) research, development, or testing of new or 
                modified explosive materials;
                    ``(B) training in explosives detection or 
                development or testing of explosives detection 
                equipment; or
                    ``(C) forensic science purposes; or
            ``(2) was plastic explosive which, within 3 years after the 
        effective date of this paragraph, will be or is incorporated in 
        a military device within the territory of the United States and 
        remains an integral part of such military device, or is 
        intended to be, or is incorporated in, and remains an integral 
        part of a military device that is intended to become, or has 
        become, the property of any agency of the United States 
        performing military or police functions (including any military 
        reserve component) or the National Guard of any State, wherever 
        such device is located. For purposes of this subsection, the 
        term `military device' includes shells, bombs, projectiles, 
        mines, missiles, rockets, shaped charges, grenades, 
        perforators, and similar devices lawfully manufactured 
        exclusively for military or police purposes.''.

SEC. 505. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after 
the date of the enactment of this Act.

                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.

    (a) In General.--The Immigration and Nationality Act is amended--
            (1) by adding at the end of the table of contents the 
        following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``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.'';
        and
            (2) by adding at the end the following new title:

       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

                             ``definitions

    ``Sec. 501. In this title:
            ``(1) The term `alien terrorist' means an alien described 
        in section 241(a)(4)(B).
            ``(2) The term `classified information' has the meaning 
        given such term in section 1(a) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(3) The term `national security' has the meaning given 
        such term in section 1(b) of the Classified Information 
        Procedures Act (18 U.S.C. App.).
            ``(4) The term `special attorney' means an attorney who is 
        on the panel established under section 502(e).
            ``(5) The term `special removal court' means the court 
        established under section 502(a).
            ``(6) The term `special removal hearing' means a hearing 
        under section 505.
            ``(7) The term `special removal proceeding' means a 
        proceeding under this title.

``establishment of special removal court; panel of attorneys to assist 
                      with classified information

    ``Sec. 502. (a) In General.--The Chief Justice of the United States 
shall publicly designate 5 district court judges from 5 of the United 
States judicial circuits who shall constitute a court which shall have 
jurisdiction to conduct all special removal proceedings.
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that the four associate judges first so designated shall be 
designated for terms of one, two, three, and four years so that the 
term of one judge shall expire each year.
    ``(c) Chief Judge.--The Chief Justice shall publicly designate one 
of the judges of the special removal court to be the chief judge of the 
court. The chief judge shall promulgate rules to facilitate the 
functioning of the court and shall be responsible for assigning the 
consideration of cases to the various judges.
    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to proceedings under this 
title in the same manner as they apply to proceedings under such Act.
    ``(e) Establishment of Panel of Special Attorneys.--The special 
removal court shall provide for the designation of a panel of attorneys 
each of whom--
            ``(1) has a security clearance which affords the attorney 
        access to classified information, and
            ``(2) has agreed to represent permanent resident aliens 
        with respect to classified information under sections 506 and 
        507(c)(2)(B) in accordance with (and subject to the penalties 
        under) this title.

       ``application for initiation of special removal proceeding

    ``Sec. 503. (a) In General.--Whenever the Attorney General has 
classified information that an alien is an alien terrorist, the 
Attorney General, in the Attorney General's discretion, may seek 
removal of the alien under this title through the filing with the 
special removal court of a written application described in subsection 
(b) that seeks an order authorizing a special removal proceeding under 
this title. The application shall be submitted in camera and ex parte 
and shall be filed under seal with the court.
    ``(b) Contents of Application.--Each application for a special 
removal proceeding shall include all of the following:
            ``(1) The identity of the Department of Justice attorney 
        making the application.
            ``(2) The approval of the Attorney General or the Deputy 
        Attorney General for the filing of the application based upon a 
        finding by that individual that the application satisfies the 
        criteria and requirements of this title.
            ``(3) The identity of the alien for whom authorization for 
        the special removal proceeding is sought.
            ``(4) A statement of the facts and circumstances relied on 
        by the Department of Justice to establish that--
                    ``(A) the alien is an alien terrorist and is 
                physically present in the United States, and
                    ``(B) with respect to such alien, adherence to the 
                provisions of title II regarding the deportation of 
                aliens would pose a risk to the national security of 
                the United States.
            ``(5) An oath or affirmation respecting each of the facts 
        and statements described in the previous paragraphs.
    ``(c) Right to Dismiss.--The Department of Justice retains the 
right to dismiss a removal action under this title at any stage of the 
proceeding.

                     ``consideration of application

    ``Sec. 504. (a) In General.--In the case of an application under 
section 503 to the special removal court, a single judge of the court 
shall be assigned to consider the application. The judge, in accordance 
with the rules of the court, shall consider the application and may 
consider other information, including classified information, presented 
under oath or affirmation. The judge shall consider the application 
(and any hearing thereof) in camera and ex parte. A verbatim record 
shall be maintained of any such hearing.
    ``(b) Approval of Order.--The judge shall enter ex parte the order 
requested in the application if the judge finds, on the basis of such 
application and such other information (if any), that there is probable 
cause to believe that--
            ``(1) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist, and
            ``(2) adherence to the provisions of title II regarding the 
        deportation of the identified alien would pose a risk to the 
        national security of the United States.
    ``(c) Denial of Order.--If the judge denies the order requested in 
the application, the judge shall prepare a written statement of the 
judge's reasons for the denial.
    ``(d) Exclusive Provisions.--Whenever an order is issued under this 
section with respect to an alien--
            ``(1) the alien's rights regarding removal and expulsion 
        shall be governed solely by the provisions of this title, and
            ``(2) except as they are specifically referenced, no other 
        provisions of this Act shall be applicable.

                       ``special removal hearings

    ``Sec. 505. (a) In General.--In any case in which the application 
for the order is approved under section 504, a special removal hearing 
shall be conducted under this section for the purpose of determining 
whether the alien to whom the order pertains should be removed from the 
United States on the grounds that the alien is an alien terrorist. 
Consistent with section 506, the alien shall be given reasonable notice 
of the nature of the charges against the alien and a general account of 
the basis for the charges. The alien shall be given notice, reasonable 
under all the circumstances, of the time and place at which the hearing 
will be held. The hearing shall be held as expeditiously as possible.
    ``(b) Use of Same Judge.--The special removal hearing shall be held 
before the same judge who granted the order pursuant to section 504 
unless that judge is deemed unavailable due to illness or disability by 
the chief judge of the special removal court, or has died, in which 
case the chief judge shall assign another judge to conduct the special 
removal hearing. A decision by the chief judge pursuant to the 
preceding sentence shall not be subject to review by either the alien 
or the Department of Justice.
    ``(c) Rights in Hearing.--
            ``(1) Public hearing.--The special removal hearing shall be 
        open to the public.
            ``(2) Right of counsel.--The alien shall have a right to be 
        present at such hearing and to be represented by counsel. Any 
        alien financially unable to obtain counsel shall be entitled to 
        have counsel assigned to represent the alien. Such counsel 
        shall be appointed by the judge pursuant to the plan for 
        furnishing representation for any person financially unable to 
        obtain adequate representation for the district in which the 
        hearing is conducted, as provided for in section 3006A of title 
        18, United States Code. All provisions of that section shall 
        apply and, for purposes of determining the maximum amount of 
        compensation, the matter shall be treated as if a felony was 
        charged.
            ``(3) Introduction of evidence.--The alien shall have a 
        right to introduce evidence on the alien's own behalf.
            ``(4) Examination of witnesses.--Except as provided in 
        section 506, the alien shall have a reasonable opportunity to 
        examine the evidence against the alien and to cross-examine any 
        witness.
            ``(5) Record.--A verbatim record of the proceedings and of 
        all testimony and evidence offered or produced at such a 
        hearing shall be kept.
            ``(6) Decision based on evidence at hearing.--The decision 
        of the judge in the hearing shall be based only on the evidence 
        introduced at the hearing, including evidence introduced under 
        subsection (e).
            ``(7) No right to ancillary relief.--In the hearing, the 
        judge is not authorized to consider or provide for relief from 
        removal based on any of the following:
                    ``(A) Asylum under section 208.
                    ``(B) Withholding of deportation under section 
                243(h).
                    ``(C) Suspension of deportation under section 
                244(a) or 244(e).
                    ``(D) Adjustment of status under section 245.
                    ``(E) Registry under section 249.
    ``(d) Subpoenas.--
            ``(1) Request.--At any time prior to the conclusion of the 
        special removal hearing, either the alien or the Department of 
        Justice may request the judge to issue a subpoena for the 
        presence of a named witness (which subpoena may also command 
        the person to whom it is directed to produce books, papers, 
        documents, or other objects designated therein) upon a 
        satisfactory showing that the presence of the witness is 
        necessary for the determination of any material matter. Such a 
        request may be made ex parte except that the judge shall inform 
        the Department of Justice of any request for a subpoena by the 
        alien for a witness or material if compliance with such a 
        subpoena would reveal evidence or the source of evidence which 
        has been introduced, or which the Department of Justice has 
        received permission to introduce, in camera and ex parte 
        pursuant to subsection (e) and section 506, and the Department 
        of Justice shall be given a reasonable opportunity to oppose 
        the issuance of such a subpoena.
            ``(2) Payment for attendance.--If an application for a 
        subpoena by the alien also makes a showing that the alien is 
        financially unable to pay for the attendance of a witness so 
        requested, the court may order the costs incurred by the 
        process and the fees of the witness so subpoenaed to be paid 
        from funds appropriated for the enforcement of title II.
            ``(3) Nationwide service.--A subpoena under this subsection 
        may be served anywhere in the United States.
            ``(4) Witness fees.--A witness subpoenaed under this 
        subsection shall receive the same fees and expenses as a 
        witness subpoenaed in connection with a civil proceeding in a 
        court of the United States.
            ``(5) No access to classified information.--Nothing in this 
        subsection is intended to allow an alien to have access to 
        classified information.
    ``(e) Introduction of Classified Information.--
            ``(1) In general.--Classified information that has been 
        summarized pursuant to section 506(b) and classified 
        information for which findings described in section 
        506(b)(4)(B) have been made and for which no summary is 
        provided shall be introduced (either in writing or through 
        testimony) in camera and ex parte and neither the alien nor the 
        public shall be informed of such evidence or its sources other 
        than through reference to the summary (if any) provided 
        pursuant to such section. Notwithstanding the previous 
        sentence, the Department of Justice may, in its discretion and 
        after coordination with the originating agency, elect to 
        introduce such evidence in open session.
            ``(2) Treatment of electronic surveillance information.--
                    ``(A) Use of electronic surveillance.--The 
                Government is authorized to use in a special removal 
                proceeding the fruits of electronic surveillance and 
                unconsented physical searches authorized under the 
                Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801 et seq.) without regard to subsections (c), 
                (e), (f), (g), and (h) of section 106 of that Act.
                    ``(B) No discovery of electronic surveillance 
                information.--An alien subject to removal under this 
                title shall have no right of discovery of information 
                derived from electronic surveillance authorized under 
                the Foreign Intelligence Surveillance Act of 1978 or 
                otherwise for national security purposes. Nor shall 
                such alien have the right to seek suppression of 
                evidence.
                    ``(C) Certain procedures not applicable.--The 
                provisions and requirements of section 3504 of title 
                18, United States Code, shall not apply to procedures 
                under this title.
            ``(3) Rights of united states.--Nothing in this section 
        shall prevent the United States from seeking protective orders 
        and from asserting privileges ordinarily available to the 
        United States to protect against the disclosure of classified 
        information, including the invocation of the military and state 
        secrets privileges.
    ``(f) Inclusion of Certain Evidence.--The Federal Rules of Evidence 
shall not apply to hearings under this section. Evidence introduced at 
the special removal hearing, either in open session or in camera and ex 
parte, may, in the discretion of the Department of Justice, include all 
or part of the information presented under section 504 used to obtain 
the order for the hearing under this section.
    ``(g) Arguments.--Following the receipt of evidence, the attorneys 
for the Department of Justice and for the alien shall be given fair 
opportunity to present argument as to whether the evidence is 
sufficient to justify the removal of the alien. The attorney for the 
Department of Justice shall open the argument. The attorney for the 
alien shall be permitted to reply. The attorney for the Department of 
Justice shall then be permitted to reply in rebuttal. The judge may 
allow any part of the argument that refers to evidence received in 
camera and ex parte to be heard in camera and ex parte.
    ``(h) Burden of Proof.--In the hearing the Department of Justice 
has the burden of showing by clear and convincing evidence that the 
alien is subject to removal because the alien is an alien terrorist. If 
the judge finds that the Department of Justice has met this burden, the 
judge shall order the alien removed and detained pending removal from 
the United States. If the alien was released pending the special 
removal hearing, the judge shall order the Attorney General to take the 
alien into custody.
    ``(i) Written Order.--At the time of rendering a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law. Any 
portion of the order that would reveal the substance or source of 
information received in camera and ex parte pursuant to subsection (e) 
shall not be made available to the alien or the public.

               ``consideration of classified information

    ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In any case 
in which the application for the order authorizing the special 
procedures of this title is approved, the judge who granted the order 
shall consider each item of classified information the Department of 
Justice proposes to introduce in camera and ex parte at the special 
removal hearing and shall order the introduction of such information 
pursuant to section 505(e) if the judge determines the information to 
be relevant.
    ``(b) Preparation and Provision of Written Summary.--
            ``(1) Preparation.--The Department of Justice shall prepare 
        a written summary of such classified information which does not 
        pose a risk to national security.
            ``(2) Conditions for approval by judge and provision to 
        alien.--The judge shall approve the summary so long as the 
        judge finds that the summary is sufficient--
                    ``(A) to inform the alien of the general nature of 
                the evidence that the alien is an alien terrorist, and
                    ``(B) to permit the alien to prepare a defense 
                against deportation.
        The Department of Justice shall cause to be delivered to the 
        alien a copy of the summary.
            ``(3) Opportunity for correction and resubmittal.--If the 
        judge does not approve the summary, the judge shall provide the 
        Department a reasonable opportunity to correct the deficiencies 
        identified by the court and to submit a revised summary.
            ``(4) Conditions for termination of proceedings if summary 
        not approved.--
                    ``(A) In general.--If, subsequent to the 
                opportunity described in paragraph (3), the judge does 
                not approve the summary, the judge shall terminate the 
                special removal hearing unless the judge makes the 
                findings described in subparagraph (B).
                    ``(B) Findings.--The findings described in this 
                subparagraph are, with respect to an alien, that--
                            ``(i) the continued presence of the alien 
                        in the United States, and
                            ``(ii) the provision of the required 
                        summary,
                would likely cause serious and irreparable harm to the 
                national security or death or serious bodily injury to 
                any person.
            ``(5) Continuation of hearing without summary.--If a judge 
        makes the findings described in paragraph (4)(B)--
                    ``(A) if the alien involved is an alien lawfully 
                admitted for permanent residence, the procedures 
                described in subsection (c) shall apply; and
                    ``(B) in all cases the special removal hearing 
                shall continue, the Department of Justice shall cause 
                to be delivered to the alien a statement that no 
                summary is possible, and the classified information 
                submitted in camera and ex parte may be used pursuant 
                to section 505(e).
    ``(c) Special Procedures for Access and Challenges to Classified 
Information by Special Attorneys in Case of Lawful Permanent Aliens.--
            ``(1) In general.--The procedures described in this 
        subsection are that the judge (under rules of the special 
        removal court) shall designate a special attorney (as defined 
        in section 501(4)), (and the alien facing deportation under 
        these procedures, may choose which special attorney shall be so 
        designated, if the alien makes that choice not later than 45 
        days after the date on which the alien receives notice that the 
        Government intends to use such procedures) to assist the alien 
        and the court--
                    ``(A) by reviewing in camera the classified 
                information on behalf of the alien, and
                    ``(B) by challenging through an in camera 
                proceeding the veracity of the evidence contained in 
                the classified information.
            ``(2) Restrictions on disclosure.--A special attorney 
        receiving classified information under paragraph (1)--
                    ``(A) shall not disclosure the information to the 
                alien or to any other attorney representing the alien, 
                and
                    ``(B) who discloses such information in violation 
                of subparagraph (A) shall be subject to a fine under 
                title 18, United States Code, and imprisoned for not 
                less than 10 years nor more than 25 years.

                               ``appeals

    ``Sec. 507. (a) Appeals of Denials of Applications for Orders.--The 
Department of Justice may seek a review of the denial of an order 
sought in an application by the United States Court of Appeals for the 
District of Columbia Circuit by notice of appeal which must be filed 
within 20 days after the date of such denial. In such a case the entire 
record of the proceeding shall be transmitted to the Court of Appeals 
under seal and the Court of Appeals shall hear the matter ex parte. In 
such a case the Court of Appeals shall review questions of law de novo, 
but a prior finding on any question of fact shall not be set aside 
unless such finding was clearly erroneous.
    ``(b) Appeals of Determinations About Summaries of Classified 
Information.--Either party may take an interlocutory appeal to the 
United States Court of Appeals for the District of Columbia Circuit 
of--
            ``(1) any determination by the judge pursuant to section 
        506(a)--
                    ``(A) concerning whether an item of evidence may be 
                introduced in camera and ex parte, or
                    ``(B) concerning the contents of any summary of 
                evidence to be introduced in camera and ex parte 
                prepared pursuant to section 506(b); or
            ``(2) the refusal of the court to make the findings 
        permitted by section 506(b)(4)(B).
In any interlocutory appeal taken pursuant to this subsection, the 
entire record, including any proposed order of the judge or summary of 
evidence, shall be transmitted to the Court of Appeals under seal and 
the matter shall be heard ex parte.
    ``(c) Appeals of Decision in Hearing.--
            ``(1) In general.--Subject to paragraph (2), the decision 
        of the judge after a special removal hearing may be appealed by 
either the alien or the Department of Justice to the United States 
Court of Appeals for the District of Columbia Circuit by notice of 
appeal.
            ``(2) Automatic appeals in cases of permanent resident 
        aliens in which no summary provided.--
                    ``(A) In general.--Unless the alien waives the 
                right to a review under this paragraph, in any case 
                involving an alien lawfully admitted for permanent 
                residence who is denied a written summary of classified 
                information under section 506(b)(4) and with respect to 
                which the procedures described in section 506(c) apply, 
                any order issued by the judge shall be reviewed by the 
                Court of Appeals for the District of Columbia Circuit.
                    ``(B) Use of special attorney.--With respect to any 
                issue relating to classified information that arises in 
                such review, the alien shall be represented only by the 
                special attorney designated under section 506(c)(1) on 
                behalf of the alien.
    ``(d) General Provisions Relating to Appeals.--
            ``(1) Notice.--A notice of appeal pursuant to subsection 
        (b) or (c) (other than under subsection (c)(2)) must be filed 
        within 20 days after the date of the order with respect to 
        which the appeal is sought, during which time the order shall 
        not be executed.
            ``(2) Transmittal of record.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c)--
                    ``(A) the entire record shall be transmitted to the 
                Court of Appeals, and
                    ``(B) information received pursuant to section 
                505(e), and any portion of the judge's order that would 
                reveal the substance or source of such information, 
                shall be transmitted under seal.
            ``(3) Expedited appellate proceeding.--In an appeal or 
        review to the Court of Appeals pursuant to subsection (b) or 
        (c):
                    ``(A) Review.--The appeal or review shall be heard 
                as expeditiously as practicable and the Court may 
                dispense with full briefing and hear the matter solely 
                on the record of the judge of the special removal court 
                and on such briefs or motions as the Court may require 
                to be filed by the parties.
                    ``(B) Disposition.--The Court shall uphold or 
                reverse the judge's order within 60 days after the date 
                of the issuance of the judge's final order.
            ``(4) Standard for review.--In an appeal or review to the 
        Court of Appeals pursuant to subsection (b) or (c):
                    ``(A) Questions of law.--The Court of Appeals shall 
                review all questions of law de novo.
                    ``(B) Questions of fact.--(i) Subject to clause 
                (ii), a prior finding on any question of fact shall not 
                be set aside unless such finding was clearly erroneous.
                    ``(ii) In the case of a review under subsection 
                (c)(2) in which an alien lawfully admitted for 
                permanent residence was denied a written summary of 
                classified information under section 506(b)(4), the 
                Court of Appeals shall review questions of fact de 
                novo.
    ``(e) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (b) or (c), either the alien or the Department 
of Justice may petition the Supreme Court for a writ of certiorari. In 
any such case, any information transmitted to the Court of Appeals 
under seal shall, if such information is also submitted to the Supreme 
Court, be transmitted under seal. Any order of removal shall not be 
stayed pending disposition of a writ of certiorari except as provided 
by the Court of Appeals or a Justice of the Supreme Court.
    ``(f) Appeals of Detention Orders.--
            ``(1) In general.-- The provisions of sections 3145 through 
        3148 of title 18, United States Code, pertaining to review and 
        appeal of a release or detention order, penalties for failure 
        to appear, penalties for an offense committed while on release, 
        and sanctions for violation of a release condition shall apply 
        to an alien to whom section 508(b)(1) applies. In applying the 
        previous sentence--
                    ``(A) for purposes of section 3145 of such title an 
                appeal shall be taken to the United States Court of 
                Appeals for the District of Columbia Circuit, and
                    ``(B) for purposes of section 3146 of such title 
                the alien shall be considered released in connection 
                with a charge of an offense punishable by life 
                imprisonment.
            ``(2) No review of continued detention.--The determinations 
        and actions of the Attorney General pursuant to section 
        508(c)(2)(C) shall not be subject to judicial review, including 
        application for a writ of habeas corpus, except for a claim by 
        the alien that continued detention violates the alien's rights 
        under the Constitution. Jurisdiction over any such challenge 
        shall lie exclusively in the United States Court of Appeals for 
        the District of Columbia Circuit.

                        ``detention and custody

    ``Sec. 508. (a) Initial Custody.--
            ``(1) Upon filing application.--Subject to paragraphs (2) 
        and (3), the Attorney General may take into custody any alien 
        with respect to whom an application under section 503 has been 
        filed and, notwithstanding any other provision of law, may 
        retain such an alien in custody in accordance with the 
        procedures authorized by this title.
            ``(2) Special rules for permanent resident aliens.--An 
        alien lawfully admitted for permanent residence shall be 
        entitled to a release hearing before the judge assigned to hear 
        the special removal hearing. Such an alien shall be detained 
        pending the special removal hearing, unless the alien 
        demonstrates to the court that--
                    ``(A) the alien, if released upon such terms and 
                conditions as the court may prescribe (including the 
                posting of any monetary amount), is not likely to flee, 
                and
                    ``(B) the alien's release will not endanger 
                national security or the safety of any person or the 
                community.
        The judge may consider classified information submitted in 
        camera and ex parte in making a determination under this 
        paragraph.
            ``(3) Release if order denied and no review sought.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                a judge of the special removal court denies the order 
                sought in an application with respect to an alien and 
                the Department of Justice does not seek review of such 
                denial, the alien shall be released from custody.
                    ``(B) Application of regular procedures.--
                Subparagraph (A) shall not prevent the arrest and 
                detention of the alien pursuant to title II.
    ``(b) Conditional Release If Order Denied and Review Sought.--
            ``(1) In general.--If a judge of the special removal court 
        denies the order sought in an application with respect to an 
        alien and the Department of Justice seeks review of such 
        denial, the judge shall release the alien from custody subject 
        to the least restrictive condition or combination of conditions 
        of release described in section 3142(b) and clauses (i) through 
        (xiv) of section 3142(c)(1)(B) of title 18, United States Code, 
        that will reasonably assure the appearance of the alien at any 
        future proceeding pursuant to this title and will not endanger 
        the safety of any other person or the community.
            ``(2) No release for certain aliens.--If the judge finds no 
        such condition or combination of conditions, the alien shall 
        remain in custody until the completion of any appeal authorized 
        by this title.
    ``(c) Custody and Release After Hearing.--
            ``(1) Release.--
                    ``(A) In general.--Subject to subparagraph (B), if 
                the judge decides pursuant to section 505(i) that an 
                alien should not be removed, the alien shall be 
                released from custody.
                    ``(B) Custody pending appeal.--If the Attorney 
                General takes an appeal from such decision, the alien 
                shall remain in custody, subject to the provisions of 
                section 3142 of title 18, United States Code.
            ``(2) Custody and removal.--
                    ``(A) Custody.--If the judge decides pursuant to 
                section 505(i) that an alien shall be removed, the 
                alien shall be detained pending the outcome of any 
                appeal. After the conclusion of any judicial review 
                thereof which affirms the removal order, the Attorney 
                General shall retain the alien in custody and remove 
                the alien to a country specified under subparagraph 
                (B).
                    ``(B) Removal.--
                            ``(i) In general.--The removal of an alien 
                        shall be to any country which the alien shall 
                        designate if such designation does not, in the 
                        judgment of the Attorney General, in 
                        consultation with the Secretary of State, 
                        impair the obligation of the United States 
                        under any treaty (including a treaty pertaining 
                        to extradition) or otherwise adversely affect 
                        the foreign policy of the United States.
                            ``(ii) Alternate countries.--If the alien 
                        refuses to designate a country to which the 
                        alien wishes to be removed or if the Attorney 
                        General, in consultation with the Secretary of 
                        State, determines that removal of the alien to 
                        the country so designated would impair a treaty 
                        obligation or adversely affect United States 
                        foreign policy, the Attorney General shall 
                        cause the alien to be removed to any country 
                        willing to receive such alien.
                    ``(C) Continued detention.--If no country is 
                willing to receive such an alien, the Attorney General 
                may, notwithstanding any other provision of law, retain 
                the alien in custody. The Attorney General, in 
                coordination with the Secretary of State, shall make 
                periodic efforts to reach agreement with other 
                countries to accept such an alien and at least every 6 
                months shall provide to the attorney representing the 
                alien at the special removal hearing a written report 
                on the Attorney General's efforts. Any alien in custody 
                pursuant to this subparagraph shall be released from 
                custody solely at the discretion of the Attorney 
                General and subject to such conditions as the Attorney 
                General shall deem appropriate.
                    ``(D) Fingerprinting.--Before an alien is 
                transported out of the United States pursuant to this 
                subsection, or pursuant to an order of exclusion 
                because such alien is excludable under section 
                212(a)(3)(B), the alien shall be photographed and 
                fingerprinted, and shall be advised of the provisions 
                of section 276(b).
    ``(d) Continued Detention Pending Trial.--
            ``(1) Delay in removal.--Notwithstanding the provisions of 
        subsection (c)(2), the Attorney General may hold in abeyance 
        the removal of an alien who has been ordered removed pursuant 
        to this title to allow the trial of such alien on any Federal 
        or State criminal charge and the service of any sentence of 
        confinement resulting from such a trial.
            ``(2) Maintenance of custody.--Pending the commencement of 
        any service of a sentence of confinement by an alien described 
        in paragraph (1), such an alien shall remain in the custody of 
        the Attorney General, unless the Attorney General determines 
        that temporary release of the alien to the custody of State 
        authorities for confinement in a State facility is appropriate 
        and would not endanger national security or public safety.
            ``(3) Subsequent removal.--Following the completion of a 
        sentence of confinement by an alien described in paragraph (1) 
        or following the completion of State criminal proceedings which 
        do not result in a sentence of confinement of an alien released 
        to the custody of State authorities pursuant to paragraph (2), 
        such an alien shall be returned to the custody of the Attorney 
        General who shall proceed to carry out the provisions of 
        subsection (c)(2) concerning removal of the alien.
    ``(e) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
    ``(f) Rights of Aliens in Custody.--
            ``(1) Family and attorney visits.--An alien in the custody 
        of the Attorney General pursuant to this title shall be given 
        reasonable opportunity to communicate with and receive visits 
        from members of the alien's family, and to contact, retain, and 
        communicate with an attorney.
            ``(2) Diplomatic contact.--An alien in the custody of the 
        Attorney General pursuant to this title shall have the right to 
        contact an appropriate diplomatic or consular official of the 
        alien's country of citizenship or nationality or of any country 
        providing representation services therefore. The Attorney 
        General shall notify the appropriate embassy, mission, or 
        consular office of the alien's detention.''.
    (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Section 106(b) of the Immigration and Nationality Act (8 U.S.C. 
1105a(b)) is amended by adding at the end the following sentence: 
``Jurisdiction to review an order entered pursuant to the provisions of 
section 235(c) concerning an alien excludable under section 
212(a)(3)(B) shall rest exclusively in the United States Court of 
Appeals for the District of Columbia Circuit.''.
    (c) Criminal Penalty for Reentry of Alien Terrorists.--Section 
276(b) of such Act (8 U.S.C. 1326(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1),
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or'', and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) who has been excluded from the United States pursuant 
        to section 235(c) because the alien was excludable under 
        section 212(a)(3)(B) or who has been removed from the United 
        States pursuant to the provisions of title V, and who 
        thereafter, without the permission of the Attorney General, 
        enters the United States or attempts to do so shall be fined 
        under title 18, United States Code, and imprisoned for a period 
        of 10 years, which sentence shall not run concurrently with any 
        other sentence.''.
    (d) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
of such Act (8 U.S.C. 1105a(a)) is amended--
            (1) by adding ``and'' at the end of paragraph (8),
            (2) by striking ``; and'' at the end of paragraph (9) and 
        inserting a period, and
            (3) by striking paragraph (10).
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

    In addition to amounts otherwise appropriated, there are authorized 
to be appropriated for each fiscal year (beginning with fiscal year 
1996) $5,000,000 to the Immigration and Naturalization Service for the 
purpose of detaining and removing alien terrorists.

      PART 2--EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND FOR EXCLUSION.

    (a) In General.--Section 212(a)(3)(B) of the Immigration and 
Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended--
            (1) in clause (i)--
                    (A) by striking ``or'' at the end of subclause (I),
                    (B) in subclause (II), by inserting ``engaged in 
                or'' after ``believe,'', and
                    (C) by inserting after subclause (II) the 
                following:
                                    ``(III) is a representative of a 
                                terrorist organization, or
                                    ``(IV) is a member of a terrorist 
                                organization which the alien knows 
or should have known is a terrorist organization,''; and
            (2) by adding at the end the following:
                            ``(iv) Terrorist organization defined.--
                                    ``(I) Designation.--For purposes of 
                                this Act, the term `terrorist 
                                organization' means a foreign 
                                organization designated in the Federal 
                                Register as a terrorist organization by 
                                the Secretary of State, in consultation 
                                with the Attorney General, based upon a 
                                finding that the organization engages 
                                in, or has engaged in, terrorist 
                                activity that threatens the national 
                                security of the United States.
                                    ``(II) Process.--At least 3 days 
                                before designating an organization as a 
                                terrorist organization through 
                                publication in the Federal Register, 
                                the Secretary of State, in consultation 
                                with the Attorney General, shall notify 
                                the Committees on the Judiciary of the 
                                House of Representatives and the Senate 
                                of the intent to make such designation 
                                and the findings and basis for 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall create an administrative record 
                                and may use classified information in 
                                making such a designation. Such 
                                information is not subject to 
                                disclosure so long as it remains 
                                classified, except that it may be 
                                disclosed to a court ex parte and in 
                                camera under subclause (III) for 
                                purposes of judicial review of such a 
                                designation. The Secretary of State, in 
                                consultation with the Attorney General, 
                                shall provide notice and an opportunity 
                                for public comment prior to the 
                                creation of the administrative record 
                                under this subclause.
                                    ``(III) Judicial review.--Any 
                                organization designated as a terrorist 
                                organization under the preceding 
                                provisions of this clause may, not 
                                later than 30 days after the date of 
                                the designation, seek judicial review 
                                thereof in the United States Court of 
                                Appeals for the District of Columbia 
                                Circuit. Such review shall be based 
                                solely upon the administrative record, 
                                except that the Government may submit, 
                                for ex parte and in camera review, 
                                classified information considered in 
                                making the designation. The court shall 
                                hold unlawful and set aside the 
                                designation if the court finds the 
                                designation to be arbitrary, 
                                capricious, an abuse of discretion, or 
                                otherwise not in accordance with law, 
                                lacking substantial support in the 
                                administrative record taken as a whole 
                                or in classified information submitted 
                                to the court under the previous 
                                sentence, contrary to constitutional 
                                right, power, privilege, or immunity, 
                                or not in accord with the procedures 
                                required by law.
                                    ``(IV) Congressional authority to 
                                remove designation.--The Congress 
                                reserves the authority to remove, by 
                                law, the designation of an organization 
                                as a terrorist organization for 
                                purposes of this Act.
                                    ``(V) Sunset.--Subject to subclause 
                                (IV), the designation under this clause 
                                of an organization as a terrorist 
                                organization shall be effective for a 
                                period of 2 years from the date of the 
                                initial publication of the terrorist 
                                organization designation by the 
                                Secretary of State. At the end of such 
                                period (but no sooner than 60 days 
                                prior to the termination of the 2-year-
                                designation period), the Secretary of 
                                State, in consultation with the 
                                Attorney General, may redesignate the 
                                organization in conformity with the 
                                requirements of this clause for 
                                designation of the organization.
                                    ``(VI) Other authority to remove 
                                designation.--The Secretary of State, 
                                in consultation with the Attorney 
                                General, may remove the terrorist 
                                organization designation from any 
                                organization previously designated as 
                                such an organization, at any time, so 
                                long as the Secretary publishes notice 
                                of the removal in the Federal Register. 
                                The Secretary is not required to report 
                                to Congress prior to so removing such 
                                designation.
                            ``(v) Representative defined.--In this 
                        subparagraph, the term `representative' 
                        includes an officer, official, or spokesman of 
                        the organization and any person who directs, 
                        counsels, commands or induces the organization 
                        or its members to engage in terrorist activity. 
                        The determination by the Secretary of State or 
                        the Attorney General that an alien is a 
                        representative of a terrorist organization 
                        shall be subject to judicial review.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

    (a) In General.--Section 208(a) of the Immigration and Nationality 
Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: 
``The Attorney General may not grant an alien asylum if the Attorney 
General determines that the alien is excludable under subclause (I), 
(II), or (III) of section 212(a)(3)(B)(i) or deportable under section 
241(a)(4)(B).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
asylum determinations made on or after such date.

SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

    (a) Withholding of Deportation.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (D), an alien who is described in section 241(a)(4)(B) 
shall be considered to be an alien for whom there are reasonable 
grounds for regarding as a danger to the security of the United 
States.''.
    (b) Suspension of Deportation.--Section 244(a) of such Act (8 
U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and 
inserting ``subparagraph (B) or (D) of section 241(a)(4)''.
    (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C. 
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or'' 
after ``who is deportable''.
    (d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C. 
1255(c)) is amended--
            (1) by striking ``or'' before ``(5)'', and
            (2) by inserting before the period at the end the 
        following: ``, or (6) an alien who is deportable under section 
        241(a)(4)(B)''.
    (e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is 
amended by inserting ``and is not deportable under section 
241(a)(4)(B)'' after ``ineligible to citizenship''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.

                    Subtitle B--Expedited Exclusion

SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Subsection (b) of section 235 of the Immigration 
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
    ``(b)(1)(A) If the examining immigration officer determines that an 
alien seeking entry--
            ``(i) is excludable under section 212(a)(6)(C) or 
        212(a)(7), and
            ``(ii) does not indicate either an intention to apply for 
        asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(B) The examining immigration officer shall refer for an 
interview by an asylum officer under subparagraph (C) any alien who is 
excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an 
intention to apply for asylum under section 208 or a fear of 
persecution.
    ``(C)(i) An asylum officer shall promptly conduct interviews of 
aliens referred under subparagraph (B).
    ``(ii) If the officer determines at the time of the interview that 
an alien has a credible fear of persecution (as defined in clause (v)), 
the alien shall be detained for an asylum hearing before an asylum 
officer under section 208.
    ``(iii)(I) Subject to subclause (II), if the officer determines 
that the alien does not have a credible fear of persecution, the 
officer shall order the alien excluded from the United States without 
further hearing or review.
    ``(II) The Attorney General shall promulgate regulations to provide 
for the immediate review by a supervisory asylum office at the port of 
entry of a determination under subclause (I).
    ``(iv) The Attorney General shall provide information concerning 
the asylum interview described in this subparagraph to aliens who may 
be eligible. An alien who is eligible for such interview may consult 
with a person or persons of the alien's choosing prior to the interview 
or any review thereof, according to regulations prescribed by the 
Attorney General. Such consultation shall be at no expense to the 
Government and shall not delay the process.
    ``(v) For purposes of this subparagraph, the term `credible fear of 
persecution' means (I) that it is more probable than not that the 
statements made by the alien in support of the alien's claim are true, 
and (II) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer, that 
the alien could establish eligibility for asylum under section 208.
    ``(D) As used in this paragraph, the term `asylum officer' means an 
immigration officer who--
            ``(i) has had professional training in country conditions, 
        asylum law, and interview techniques; and
            ``(ii) is supervised by an officer who meets the condition 
        in clause (i).
    ``(E)(i) An exclusion order entered in accordance with subparagraph 
(A) is not subject to administrative appeal, except that the Attorney 
General shall provide by regulation for prompt review of such an order 
against an alien who claims under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, after 
having been warned of the penalties for falsely making such claim under 
such conditions, to have been lawfully admitted for permanent 
residence.
    ``(ii) In any action brought against an alien under section 275(a) 
or section 276, the court shall not have jurisdiction to hear any claim 
attacking the validity of an order of exclusion entered under 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) to an alien crewman,
            ``(ii) to an alien described in paragraph (1)(A) or 
        (1)(C)(iii)(I), or
            ``(iii) if the conditions described in section 273(d) 
        exist.
    ``(3) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.''.
    (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(1), 
        deportation'', and
            (2) in the first sentence of paragraph (2), by striking 
        ``If'' and inserting ``Subject to section 235(b)(1), if''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month that begins more than 90 
days after the date of the enactment of this Act.

SEC. 622. JUDICIAL REVIEW.

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

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

            (2) by adding at the end the following new subsection:
    ``(e)(1) Notwithstanding any other provision of law, and except as 
provided in this subsection, no court shall have jurisdiction to review 
any individual determination, or to entertain any other cause or claim, 
arising from or relating to the implementation or operation of section 
235(b)(1). Regardless of the nature of the action or claim, or the 
party or parties bringing the action, no court shall have jurisdiction 
or authority to enter declaratory, injunctive, or other equitable 
relief not specifically authorized in this subsection nor to certify a 
class under Rule 23 of the Federal Rules of Civil Procedure.
    ``(2) Judicial review of any cause, claim, or individual 
determination covered under paragraph (1) shall only be available in 
habeas corpus proceedings, and shall be limited to determinations of--
            ``(A) whether the petitioner is an alien, if the petitioner 
        makes a showing that the petitioner's claim of United States 
        nationality is not frivolous;
            ``(B) whether the petitioner was ordered specially excluded 
        under section 235(b)(1)(A); and
            ``(C) whether the petitioner can prove by a preponderance 
        of the evidence that the petitioner is an alien lawfully 
        admitted for permanent residence and is entitled to such review 
        as is provided by the Attorney General pursuant to section 
        235(b)(1)(E)(i).
    ``(3) In any case where the court determines that an alien was not 
ordered specially excluded, or was not properly subject to special 
exclusion under the regulations adopted by the Attorney General, the 
court may order no relief beyond requiring that the alien receive a 
hearing in accordance with section 236, or a determination in 
accordance with section 235(c) or 273(d).
    ``(4) In determining whether an alien has been ordered specially 
excluded, the court's inquiry shall be limited to whether such an order 
was in fact issued and whether it relates to the petitioner.''.
    (b) Preclusion of Collateral Attacks.--Section 235 of such Act (8 
U.S.C. 1225) is amended by adding at the end the following new 
subsection:
    ``(d) In any action brought for the assessment of penalties for 
improper entry or re-entry of an alien under section 275 or section 
276, no court shall have jurisdiction to hear claims collaterally 
attacking the validity of orders of exclusion, special exclusion, or 
deportation entered under this section or sections 236 and 242.''.
    (c) Clerical Amendment.--The item relating to section 106 in the 
table of contents of such Act is amended to read as follows:

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

SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1251) is amended by adding at the end the following new 
subsection:
    ``(d) Notwithstanding any other provision of this title, an alien 
found in the United States who has not been admitted to the United 
States after inspection in accordance with section 235 is deemed for 
purposes of this Act to be seeking entry and admission to the United 
States and shall be subject to examination and exclusion by the 
Attorney General under chapter 4. In the case of such an alien the 
Attorney General shall provide by regulation an opportunity for the 
alien to establish that the alien was so admitted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 90 
days after the date of the enactment of this Act.

            Subtitle C--Improved Information and Processing

                     PART 1--IMMIGRATION PROCEDURES

SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.

    (a) Legalization Program.--Section 245A(c)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by inserting ``(i)'' after ``except that the Attorney 
        General'', and
            (2) by inserting after ``title 13, United States Code'' the 
        following: ``and (ii) may authorize an application to a Federal 
        court of competent jurisdiction for, and a judge of such court 
        may grant, an order authorizing disclosure of information 
        contained in the application of the alien to be used--
                    ``(I) for identification of the alien when there is 
                reason to believe that the alien has been killed or 
                severely incapacitated; or
                    ``(II) for criminal law enforcement purposes 
                against the alien whose application is to be disclosed 
                if the alleged criminal activity occurred after the 
                legalization application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant''.
    (b) Special Agricultural Worker Program.--Section 210(b) of such 
Act (8 U.S.C. 1160(b)) is amended--
            (1) in paragraph (5), by inserting ``, except as allowed by 
        a court order issued pursuant to paragraph (6)'' after 
        ``consent of the alien'', and
            (2) in paragraph (6), by inserting after subparagraph (C) 
        the following:
        ``Notwithstanding the previous sentence, the Attorney General 
        may authorize an application to a Federal court of competent 
        jurisdiction for, and a judge of such court may grant, an order 
        authorizing disclosure of information contained in the 
        application of the alien to be used (i) for identification of 
        the alien when there is reason to believe that the alien has 
        been killed or severely incapacitated, or (ii) for criminal law 
        enforcement purposes against the alien whose application is to 
        be disclosed if the alleged criminal activity occurred after 
        the special agricultural worker application was filed and such 
        activity involves terrorist activity or poses either an 
        immediate risk to life or to national security, or would be 
        prosecutable as an aggravated felony, but without regard to the 
        length of sentence that could be imposed on the applicant.''.

SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 
1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (3) by adding at the end the following new paragraph:
    ``(2) With respect to applications for visas, the Secretary of 
State may waive the application of paragraph (1) in the case of a 
particular alien or any class or classes of aliens excludable under 
subsection (a)(2) or (a)(3).''.

        PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after paragraph (5) the 
        following new paragraph:
    ``(6) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, 
or 1546 of this title, or a violation of, or conspiracy to violate, 
section 1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to the United 
States any property, real or personal, which the person used, or 
intended to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, or 
traceable to, any proceeds the person obtained, directly or indirectly, 
as a result of such violation.''; and
            (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' 
        after ``(a)(2)''.

SEC. 642. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended by 
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 643. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

    Subtitle D--Employee Verification by Security Services Companies

SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO REQUEST ADDITIONAL 
              DOCUMENTATION.

    (a) In General.--Section 274B(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``For purposes'' and inserting ``(A) Except 
        as provided in subparagraph (B), for purposes'', and
            (2) by adding at the end the following new subparagraph:
            ``(B) Subparagraph (A) shall not apply to a request made in 
        connection with an individual seeking employment in a company 
        (or division of a company) engaged in the business of providing 
        security services to protect persons, institutions, buildings, 
        or other possible targets of international terrorism (as 
        defined in section 2331(1) of title 18, United States Code).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to requests for documents made on or after the date of the 
enactment of this Act with respect to individuals who are or were hired 
before, on, or after the date of the enactment of this Act.

          Subtitle E--Criminal Alien Deportation Improvements

SEC. 661. SHORT TITLE.

    This subtitle may be cited as the ``Criminal Alien Deportation 
Improvements Act of 1995''.

SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 18 months;''
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on 
                the basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so 
        redesignated, the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness, for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A) and inserting ``or'', and
                    (B) by amending subparagraph (B) to read as 
                follows:
                    ``(B) had permanent resident status on a 
                conditional basis (as described in section 216) at the 
                time that proceedings under this section commenced.'';
            (2) in paragraph (3), by striking ``30 calendar days'' and 
        inserting ``14 calendar days'';
            (3) in paragraph (4)(B), by striking ``proccedings'' and 
        inserting ``proceedings'';
            (4) in paragraph (4)--
                    (A) by redesignating subparagraphs (D) and (E) as 
                subparagraphs (F) and (G), respectively; and
                    (B) by adding after subparagraph (C) the following 
                new subparagraphs:
                    ``(D) such proceedings are conducted in, or 
                translated for the alien into, a language the alien 
                understands;
                    ``(E) a determination is made for the record at 
                such proceedings that the individual who appears to 
                respond in such a proceeding is an alien subject to 
                such an expedited proceeding under this section and is, 
                in fact, the alien named in the notice for such 
                proceeding;''.
            (5) by adding at the end the following new paragraph:
            ``(5) No alien described in this section shall be eligible 
        for any relief from deportation that the Attorney General may 
        grant in the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to all aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS 
              PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    The last sentence of section 212(c) of the Immigration and 
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has served 
for such felony or felonies'' and all that follows through the period 
and inserting ``has been sentenced for such felony or felonies to a 
term of imprisonment of at least 5 years, if the time for appealing 
such conviction or sentence has expired and the sentence has become 
final.''.

SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

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

SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement 
Act of 1994 (Public Law 103-322) is amended to read as follows:
    ``(a) Operation and Purpose.--The Commissioner of Immigration and 
Naturalization shall, under the authority of section 242(a)(3)(A) of 
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a 
criminal alien identification system. The criminal alien identification 
system shall be used to assist Federal, State, and local law 
enforcement agencies in identifying and locating aliens who may be 
subject to deportation by reason of their conviction of aggravated 
felonies.''.

SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
              PREDICATE OFFENSES.

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

SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

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

SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 670. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING 
              ILLEGAL ALIENS.

    Amounts appropriated to carry out section 501 of the Immigration 
Reform and Control Act of 1986 for fiscal year 1995 shall be available 
to carry out section 242(j) of the Immigration and Nationality Act in 
that fiscal year with respect to undocumented criminal aliens 
incarcerated under the authority of political subdivisions of a State.

SEC. 671. MISCELLANEOUS PROVISIONS.

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

SEC. 672. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act shall be construed to create any 
substantive or procedural right or benefit that is legally enforceable 
by any party against the United States or its agencies or officers or 
any other person.

SEC. 673. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this 
section referred to as the ``Treaty'') to remove from the United States 
aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2) Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS 
              WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) Assistance to States.--The Attorney General, in cooperation 
with the Commissioner of Immigration and Naturalization and the 
Secretary of State, shall designate an office within the Department of 
Justice to provide technical and prosecutorial assistance to States and 
political subdivisions of States in efforts to bring to justice aliens 
who flee prosecution for crimes in the United States.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Attorney General shall compile and 
submit to the Congress a report which assesses the nature and extent of 
the problem of bringing to justice aliens who flee prosecution for 
crimes in the United States.

SEC. 675. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be to expedite the transfer of aliens 
unlawfully in the United States who are incarcerated in United States 
prisons, to ensure that a transferred prisoner serves the balance of 
the sentence imposed by the United States courts, and to eliminate any 
requirement of prisoner consent to such a transfer.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 676. INTERIOR REPATRIATION PROGRAM.

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

SEC. 677. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that (i) 
        the alien is confined pursuant to a final conviction for a 
        nonviolent offense (other than alien smuggling), and (ii) such 
        deportation of the alien is appropriate and in the best 
        interest of the United States; or
            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State 
        official exercising authority with respect to the incarceration 
        of the alien determines that (i) the alien is confined pursuant 
        to a final conviction for a nonviolent offense (other than 
        alien smuggling), (ii) such deportation is appropriate and in 
        the best interest of the State, and (iii) submits a written 
        request to the Attorney General that such alien be so deported.
    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) amended by adding at the end the following new subsection:
    ``(c) Any alien deported pursuant to section 242(h)(2) who enters, 
attempts to enter, or is at any time found in, the United States 
(unless the Attorney General has expressly consented to such alien's 
reentry) shall be incarcerated for the remainder of the sentence of 
imprisonment which was pending at the time of deportation without any 
reduction for parole or supervised release. Such alien shall be subject 
to such other penalties relating to the reentry of deported aliens as 
may be available under this section or any other provision of law.''.

                  TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    The Attorney General may award grants in consultation with the 
Federal Emergency Management Agency for the purposes of providing 
specialized training or equipment to enhance the capability of 
metropolitan fire and emergency service departments to respond to 
terrorist attacks. To carry out the purposes of this section, there is 
authorized to be appropriated $5,000,000 for fiscal year 1996.

SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
              DETECTION DEVICES AND OTHER COUNTER-TERRORISM TECHNOLOGY.

    There is authorized to be appropriated not to exceed $10,000,000 
for fiscal years 1996 and 1997 to the President to provide assistance 
to foreign countries facing an imminent danger of terrorist attack that 
threatens the national interest of the United States or puts United 
States nationals at risk--
            (1) in obtaining explosive detection devices and other 
        counter-terrorism technology; and
            (2) in conducting research and development projects on such 
        technology.

SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM 
              TECHNOLOGIES.

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

                       TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND 
              USE OF HIGH EXPLOSIVES.

    The Secretary of the Treasury, in consultation with the Federal 
Bureau of Investigation, shall conduct a study of State licensing 
requirements for the purchase and use of commercial high explosives, 
including detonators, detonating cords, dynamite, water gel, emulsion, 
blasting agents, and boosters. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report to Congress 
the results of this study, together with any recommendations the 
Secretary determines are appropriate.

SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) 
is amended--
            (1) by inserting ``crimes involving terrorism,'' before 
        ``driving while intoxicated''; and
            (2) by inserting a comma after ``driving while 
        intoxicated''.
    (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting 
``are outside the United States (if the compensable crime is terrorism, 
as defined in section 2331 of title 18, United States Code), or'' 
before ``are States not having''.

SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    (a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``or'' at the end of paragraph (5);
                    (B) by striking the period at the end of paragraph 
                (6) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(7) not otherwise covered by paragraph (2), in which 
        money damages are sought against a foreign state for personal 
        injury or death that was caused by an act of torture, 
        extrajudicial killing, aircraft sabotage, hostage taking, or 
        the provision of material support or resources (as defined in 
        section 2339A of title 18) for such an act if such act or 
        provision of material support is engaged in by an official, 
        employee, or agent of such foreign state while acting within 
        the scope of his or her office, employment, or agency, except 
        that--
                    ``(A) an action under this paragraph shall not be 
                instituted unless the claimant first affords the 
                foreign state a reasonable opportunity to arbitrate the 
                claim in accordance with accepted international rules 
                of arbitration;
                    ``(B) an action under this paragraph shall not be 
                maintained unless the act upon which the claim is based 
                occurred while the individual bringing the claim was a 
                national of the United States (as that term is defined 
                in section 101(a)(22) of the Immigration and 
                Nationality Act); and
                    ``(C) the court shall decline to hear a claim under 
                this paragraph if the foreign state against whom the 
                claim has been brought establishes that procedures and 
                remedies are available in such state which comport with 
                fundamental fairness and due process.''; and
            (2) by adding at the end the following new subsection:
    ``(e) For purposes of paragraph (7) of subsection (a)--
            ``(1) the terms `torture' and `extrajudicial killing' have 
        the meaning given those terms in section 3 of the Torture 
        Victim Protection Act of 1991;
            ``(2) the term `hostage taking' has the meaning given that 
        term in Article 1 of the International Convention Against the 
        Taking of Hostages; and
            ``(3) the term `aircraft sabotage' has the meaning given 
        that term in Article 1 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation.''.
    (b) Exception to Immunity From Attachment.--
            (1) Foreign state.--Section 1610(a) of title 28, United 
        States Code, is amended--
                    (A) by striking the period at the end of paragraph 
                (6) and inserting ``, or''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) the judgment relates to a claim for which the foreign 
        state is not immune under section 1605(a)(7), regardless of 
        whether the property is or was involved with the act upon which 
        the claim is based.''.
            (2) Agency or instrumentality.--Section 1610(b)(2) of such 
        title is amended--
                    (A) by striking ``or (5)'' and inserting ``(5), or 
                (7)''; and
                    (B) by striking ``used for the activity'' and 
                inserting ``involved in the act''.
    (c) Applicability.--The amendments made by this title shall apply 
to any cause of action arising before, on, or after the date of the 
enactment of this Act.

SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL MATERIAL ON THE 
              MAKING OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS 
              DESTRUCTION.

    (a) Study.--The Attorney General, in consultation with such other 
officials and individuals as the Attorney General deems appropriate, 
shall conduct a study concerning--
            (1) the extent to which there are available to the public 
        material in any medium (including print, electronic, or film) 
        that instructs how to make bombs, other destructive devices, 
        and weapons of mass destruction;
            (2) the extent to which information gained from such 
        material has been used in incidents of domestic and 
        international terrorism;
            (3) the likelihood that such information may be used in 
        future incidents of terrorism; and
            (4) the application of existing Federal laws to such 
        material, the need and utility, if any, for additional laws, 
        and an assessment of the extent to which the First Amendment 
        protects such material and its private and commercial 
        distribution.
    (b) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report that contains the results of the study required by 
this section. The Attorney General shall make the report available to 
the public.

SEC. 805. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
              GOVERNMENT EMPLOYEES.

    (a) Findings.--Congress finds that--
            (1) threats of violence and acts of violence are mounting 
        against Federal, State, and local government employees and 
        their families in attempts to stop public servants from 
        performing their lawful duties;
            (2) these acts are a danger to our constitutional form of 
        government; and
            (3) more information is needed as to the extent of the 
        danger and its nature so that steps can be taken to protect 
        public servants at all levels of government in the performance 
        of their duties.
    (b) Statistics.--The Attorney General shall acquire data, for the 
calendar year 1990 and each succeeding calendar year about crimes and 
incidents of threats of violence and acts of violence against Federal, 
State, and local government employees in performance of their lawful 
duties. Such data shall include--
            (1) in the case of crimes against such employees, the 
        nature of the crime; and
            (2) in the case of incidents of threats of violence and 
        acts of violence, including verbal and implicit threats against 
        such employees, whether or not criminally punishable, which 
        deter the employees from the performance of their jobs.
    (c) Guidelines.--The Attorney General shall establish guidelines 
for the collection of such data, including what constitutes sufficient 
evidence of noncriminal incidents required to be reported.
    (d) Annual Publishing.--The Attorney General shall publish an 
annual summary of the data acquired under this section. Otherwise such 
data shall be used only for research and statistical purposes.
    (e) Exemption.--The United States Secret Service is not required to 
participate in any statistical reporting activity under this section 
with respect to any direct or indirect threats made against any 
individual for whom the United States Secret Service is authorized to 
provide protection.

SEC. 806. VICTIM RESTITUTION ACT OF 1995.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law'' and 
                        inserting ``shall order''; and
                            (ii) by adding at the end the following: 
                        ``The requirement of this paragraph does not 
                        affect the power of the court to impose any 
                        other penalty authorized by law. In the case of 
                        a misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                    (B) by adding at the end the following:
    ``(4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and'';
            (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (6) by striking subsections (d), (e), (f), (g), and (h);
            (7) by redesignating subsection (i) as subsection (m); and
            (8) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the restitution order the manner in 
which and the schedule according to which the restitution is to be 
paid, in consideration of--
            ``(A) the financial resources and other assets of the 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A 
restitution order shall direct the offender to give appropriate notice 
to victims and other persons in cases where there are multiple victims 
or other persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, hold the defendant in contempt of court, 
enter a restraining order or injunction, order the sale of property of 
the defendant, accept a performance bond, or take any other action 
necessary to obtain compliance with the restitution order. In 
determining what action to take, the court shall consider the 
defendant's employment status, earning ability, financial resources, 
the willfulness in failing to comply with the restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate or special master for 
proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.''.

SEC. 807. AUTHORITY FOR OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Director of the Federal Bureau of Investigation is authorized 
to support law enforcement training activities in foreign countries for 
the purpose of improving the effectiveness of the United States in 
investigating and prosecuting transnational offenses.

                     TITLE IX--HABEAS CORPUS REFORM

SEC. 901. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an 
application for a write of habeas corpus by a person in custody 
pursuant to the judgment of a State court. The limitation period shall 
run from the latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the expiration of the time for 
        seeking such review;
            ``(B) the date on which the impediment to filing an 
        application created by State action in violation of the 
        Constitution or laws of the United States is removed, if the 
        applicant was prevented from filing by such State action;
            ``(C) the date on which the constitutional right asserted 
        was initially recognized by the Supreme Court, if the right has 
        been newly recognized by the Supreme Court and made 
        retroactively applicable to cases on collateral review; or
            ``(D) the date on which the factual predicate of the claim 
        or claims presented could have been discovered through the 
        exercise of due diligence.
    ``(2) The time during which a properly filed application for State 
post-conviction or other collateral review with respect to the 
pertinent judgment or claim shall not be counted toward any period of 
limitation under this subsection.''.

SEC. 902. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 before a district judge, the final order shall be subject to 
review, on appeal, by the court of appeals for the circuit in which the 
proceeding is held.
    ``(b) There shall be no right of appeal from a final order in a 
proceeding to test the validity of a warrant to remove to another 
district or place for commitment or trial a person charged with a 
criminal offense against the United States, or to test the validity of 
such person's detention pending removal proceedings.
    ``(c)(1) Unless a circuit justice or judge issues a certificate of 
appealability, an appeal may not be taken to the court of appeals 
from--
            ``(A) the final order in a habeas corpus proceeding in 
        which the detention complained of arises out of process issued 
        by a State court; or
            ``(B) the final order in a proceeding under section 2255.
    ``(2) A certificate of appealability may issue under paragraph (1) 
only if the applicant has made a substantial showing of the denial of a 
constitutional right.
    ``(3) The certificate of appealability under paragraph (1) shall 
indicate which specific issue or issues satisfy the showing required by 
paragraph (2).''.

SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
    ``(a) Application for the Original Writ.--An application for a writ 
of habeas corpus shall be made to the appropriate district court. If 
application is made to a circuit judge, the application shall be 
transferred to the appropriate district court. If an application is 
made to or transferred to the district court and denied, renewal of the 
application before a circuit judge shall not be permitted. The 
applicant may, pursuant to section 2253 of title 28, United States 
Code, appeal to the appropriate court of appeals from the order of the 
district court denying the writ.
    ``(b) Certificate of Appealability.--In a habeas corpus proceeding 
in which the detention complained of arises out of process issued by a 
State court, an appeal by the applicant for the writ may not proceed 
unless a district or a circuit judge issues a certificate of 
appealability pursuant to section 2253(c) of title 28, United States 
Code. If an appeal is taken by the applicant, the district judge who 
rendered the judgment shall either issue a certificate of appealability 
or state the reasons why such a certificate should not issue. The 
certificate or the statement shall be forwarded to the court of appeals 
with the notice of appeal and the file of the proceedings in the 
district court. If the district judge has denied the certificate, the 
applicant for the writ may then request issuance of the certificate by 
a circuit judge. If such a request is addressed to the court of 
appeals, it shall be deemed addressed to the judges thereof and shall 
be considered by a circuit judge or judges as the court deems 
appropriate. If no express request for a certificate is filed, the 
notice of appeal shall be deemed to constitute a request addressed to 
the judges of the court of appeals. If an appeal is taken by a State or 
its representative, a certificate of appealability is not required.''.

SEC. 904. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b)(1) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted unless it appears that--
            ``(A) the applicant has exhausted the remedies available in 
        the courts of the State; or
            ``(B)(i) there is an absence of available State corrective 
        process; or
            ``(ii) circumstances exist that render such process 
        ineffective to protect the rights of the applicant.
    ``(2) An application for a writ of habeas corpus may be denied on 
the merits, notwithstanding the failure of the applicant to exhaust the 
remedies available in the courts of the State.
    ``(3) A State shall not be deemed to have waived the exhaustion 
requirement or be estopped from reliance upon the requirement unless 
the State, through counsel, expressly waives the requirement.'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) An application for a writ of habeas corpus on behalf of a 
person in custody pursuant to the judgment of a State court shall not 
be granted with respect to any claim that was adjudicated on the merits 
in State court proceedings unless the adjudication of the claim--
            ``(1) resulted in a decision that was contrary to, or 
        involved an unreasonable application of, clearly established 
        Federal law, as determined by the Supreme Court of the United 
        States; or
            ``(2) resulted in a decision that was based on an 
        unreasonable determination of the facts in light of the 
        evidence presented in the State court proceeding.'';
            (4) by amending subsection (e), as redesignated by 
        paragraph (2), to read as follows:
    ``(e)(1) In a proceeding instituted by an application for a writ of 
habeas corpus by a person in custody pursuant to the judgment of a 
State court, a determination of a factual issue made by a State court 
shall be presumed to be correct. The applicant shall have the burden of 
rebutting the presumption of correctness by clear and convincing 
evidence.
    ``(2) If the applicant has failed to develop the factual basis of a 
claim in State court proceedings, the court shall not hold an 
evidentiary hearing on the claim unless the applicant shows that--
            ``(A) the claim relies on--
                    ``(i) a new rule of constitutional law, made 
                retroactive to cases on collateral review by the 
                Supreme Court, that was previously unavailable; or
                    ``(ii) a factual predicate that could not have been 
                previously discovered through the exercise of due 
                diligence; and
            ``(B) the facts underlying the claim would be sufficient to 
        establish by clear and convincing evidence that but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.''; and
            (5) by adding at the end the following new subsections:
    ``(h) Except as provided in section 408 of the Controlled 
Substances Act, in all proceedings brought under this section, and any 
subsequent proceedings on review, the court may appoint counsel for an 
applicant who is or becomes financially unable to afford counsel, 
except as provided by a rule promulgated by the Supreme Court pursuant 
to statutory authority. Appointment of counsel under this section shall 
be governed by section 3006A of title 18.
    ``(i) The ineffectiveness or incompetence of counsel during Federal 
or State collateral post-conviction proceedings shall not be a ground 
for relief in a proceeding arising under section 2254.''.

SEC. 905. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--
            (1) by striking the second and fifth undesignated 
        paragraphs; and
            (2) by adding at the end the following new undesignated 
        paragraphs:
    ``A 1-year period of limitation shall apply to a motion under this 
section. The limitation period shall run from the latest of--
            ``(1) the date on which the judgment of conviction becomes 
        final;
            ``(2) the date on which the impediment to making a motion 
        created by governmental action in violation of the Constitution 
        or laws of the United States is removed, if the movant was 
        prevented from making a motion by such governmental action;
            ``(3) the date on which the right asserted was initially 
        recognized by the Supreme Court, if that right has been newly 
        recognized by the Supreme Court and made retroactively 
        applicable to cases on collateral review; or
            ``(4) the date on which the facts supporting the claim or 
        claims presented could have been discovered through the 
        exercise of due diligence.
    ``Except as provided in section 408 of the Controlled Substances 
Act, in all proceedings brought under this section, and any subsequent 
proceedings on review, the court may appoint counsel for a movant who 
is or becomes financially unable to afford counsel shall be in the 
discretion of the court, except as provided by a rule promulgated by 
the Supreme Court pursuant to statutory authority. Appointment of 
counsel under this section shall be governed by section 3006A of title 
18.
    ``A second or successive motion must be certified as provided in 
section 2244 by a panel of the appropriate court of appeals to 
contain--
            ``(1) newly discovered evidence that, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that no reasonable 
        factfinder would have found the movant guilty of the offense; 
        or
            ``(2) a new rule of constitutional law, made retroactive to 
        cases on collateral review by the Supreme Court, that was 
        previously unavailable.''.

SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

    (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of 
title 28, United States Code, is amended by striking ``and the 
petition'' and all that follows through ``by such inquiry.'' and 
inserting ``, except as provided in section 2255.''.
    (b) Limits on Second or Successive Applications.--Section 2244(b) 
of title 28, United States Code, is amended to read as follows:
    ``(b)(1) A claim presented in a second or successive habeas corpus 
application under section 2254 that was presented in a prior 
application shall be dismissed.
    ``(2) A claim presented in a second or successive habeas corpus 
application under section 2254 that was not presented in a prior 
application shall be dismissed unless--
            ``(A) the applicant shows that the claim relies on a new 
        rule of constitutional law, made retroactive to cases on 
        collateral review by the Supreme Court, that was previously 
        unavailable; or
            ``(B)(i) the factual predicate for the claim could not have 
        been discovered previously through the exercise of due 
        diligence; and
            ``(ii) the facts underlying the claim, if proven and viewed 
        in light of the evidence as a whole, would be sufficient to 
        establish by clear and convincing evidence that, but for 
        constitutional error, no reasonable factfinder would have found 
        the applicant guilty of the underlying offense.
    ``(3)(A) Before a second or successive application permitted by 
this section is filed in the district court, the applicant shall move 
in the appropriate court of appeals for an order authorizing the 
district court to consider the application.
    ``(B) A motion in the court of appeals for an order authorizing the 
district court to consider a second or successive application shall be 
determined by a three-judge panel of the court of appeals.
    ``(C) The court of appeals may authorize the filing of a second or 
successive application only if it determines that the application makes 
a prima facie showing that the application satisfies the requirements 
of this subsection.
    ``(D) The court of appeals shall grant or deny the authorization to 
file a second or successive application not later than 30 days after 
the filing of the motion.
    ``(E) The grant or denial of an authorization by a court of appeals 
to file a second or successive application shall not be appealable and 
shall not be the subject of a petition for rehearing or for a writ of 
certiorari.
    ``(4) A district court shall dismiss any claim presented in a 
second or successive application that the court of appeals has 
authorized to be filed unless the applicant shows that the claim 
satisfies the requirements of this section.''.

SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

    (a) Addition of Chapter to Title 28, United States Code.--Title 28, 
United States Code, is amended by inserting after chapter 153 the 
following new chapter:

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

``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
                            rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
            ``(1) appointing one or more counsels to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        application under section 2254 within the time required in 
        section 2263;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel, unless the prisoner has competently and 
        knowingly waived such counsel, and after having been advised of 
        the consequences, a State prisoner under capital sentence 
        waives the right to pursue habeas corpus review under section 
        2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required by section 2263 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements; 
              tolling rules
    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) from the date on which the first petition for post-
        conviction review or other collateral relief is filed until the 
        final State court disposition of such petition; and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have jurisdiction 
                over the case upon the filing of a habeas corpus 
                application under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus application within 
                the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is made retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of due diligence in time to 
        present the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State court, then the start of the 180-day limitation 
period under section 2263 shall be deferred until a transcript is made 
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and 
              motions
    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
            ``(I) Whether the failure to allow the delay would be 
        likely to result in a miscarriage of justice.
            ``(II) Whether the case is so unusual or so complex, due to 
        the number of defendants, the nature of the prosecution, or the 
        existence of novel questions of fact or law, that it is 
        unreasonable to expect adequate briefing within the time 
        limitations established by subparagraph (A).
            ``(III) Whether the failure to allow a delay in a case, 
        that, taken as a whole, is not so unusual or so complex as 
        described in subclause (II), but would otherwise deny the 
        applicant reasonable time to obtain counsel, would unreasonably 
        deny the applicant or the government continuity of counsel, or 
        would deny counsel for the applicant or the government the 
        reasonable time necessary for effective preparation, taking 
        into account the exercise of due diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus following a remand by the court of appeals or the 
        Supreme Court for further proceedings, in which case the 
        limitation period shall run from the date the remand is 
        ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ or mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus or related appeal following a remand by the court 
        of appeals en banc or the Supreme Court for further 
        proceedings, in which case the limitation period shall run from 
        the date the remand is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.''.
    (b) Technical Amendment.--The table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by adding after the 
item relating to chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....    2261''.
    (c) Effective Date.--Chapter 154 of title 28, United States Code 
(as added by subsection (a)) shall apply to cases pending on or after 
the date of enactment of this Act.

SEC. 908. TECHNICAL AMENDMENT.

    Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) 
is amended by amending paragraph (9) to read as follows:
    ``(9) Upon a finding that investigative, expert, or other services 
are reasonably necessary for the representation of the defendant, 
whether in connection with issues relating to guilt or the sentence, 
the court may authorize the defendant's attorneys to obtain such 
services on behalf of the defendant and, if so authorized, shall order 
the payment of fees and expenses therefor under paragraph (10). No ex 
parte proceeding, communication, or request may be considered pursuant 
to this section unless a proper showing is made concerning the need for 
confidentiality. Any such proceeding, communication, or request shall 
be transcribed and made a part of the record available for appellate 
review.''.

SEC. 909. SEVERABILITY.

    If any provision of this title, an amendment made by this title, or 
the application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this 
title, the amendments made by this title, and the application of the 
provisions of such to any person or circumstances shall not be affected 
thereby.
                                 <all>
HR 2768 IH----2
HR 2768 IH----3
HR 2768 IH----4
HR 2768 IH----5
HR 2768 IH----6
HR 2768 IH----7
HR 2768 IH----8
HR 2768 IH----9
HR 2768 IH----10
HR 2768 IH----11
HR 2768 IH----12
HR 2768 IH----13
```