S. 735

One Hundred Fourth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the third day of January, one thousand nine hundred and ninety-six

An Act

To deter terrorism, provide justice for victims, provide for an effective death penalty,

and for other purposes.

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 ‘‘Antiterrorism and Effective

Death Penalty Act of 1996’’.

SEC. 2. TABLE OF CONTENTS.

The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—HABEAS CORPUS REFORM

Sec. 101. Filing deadlines.

Sec. 102. Appeal.

Sec. 103. Amendment of Federal Rules of Appellate Procedure.

Sec. 104. Section 2254 amendments.

Sec. 105. Section 2255 amendments.

Sec. 106. Limits on second or successive applications.

Sec. 107. Death penalty litigation procedures.

Sec. 108. Technical amendment.

TITLE II—JUSTICE FOR VICTIMS

Subtitle A—Mandatory Victim Restitution

Sec. 201. Short title.

Sec. 202. Order of restitution.

Sec. 203. Conditions of probation.

Sec. 204. Mandatory restitution.

Sec. 205. Order of restitution to victims of other crimes.

Sec. 206. Procedure for issuance of restitution order.

Sec. 207. Procedure for enforcement of fine or restitution order.

Sec. 208. Instruction to Sentencing Commission.

Sec. 209. Justice Department regulations.

Sec. 210. Special assessments on convicted persons.

Sec. 211. Effective date.

Subtitle B—Jurisdiction for Lawsuits Against Terrorist States

Sec. 221. Jurisdiction for lawsuits against terrorist states.

Subtitle C—Assistance to Victims of Terrorism

Sec. 231. Short title.

Sec. 232. Victims of Terrorism Act.

Sec. 233. Compensation of victims of terrorism.

Sec. 234. Crime victims fund.

Sec. 235. Closed circuit televised court proceedings for victims of crime.

Sec. 236. Technical correction.

TITLE III—INTERNATIONAL TERRORISM PROHIBITIONS

Subtitle A—Prohibition on International Terrorist Fundraising

Sec. 301. Findings and purpose.
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Sec. 302. Designation of foreign terrorist organizations.

Sec. 303. Prohibition on terrorist fundraising.

Subtitle B—Prohibition on Assistance to Terrorist States

Sec. 321. Financial transactions with terrorists.

Sec. 322. Foreign air travel safety.

Sec. 323. Modification of material support provision.

Sec. 324. Findings.

Sec. 325. Prohibition on assistance to countries that aid terrorist states.

Sec. 326. Prohibition on assistance to countries that provide military equipment to

terrorist states.

Sec. 327. Opposition to assistance by international financial institutions to terrorist

states.

Sec. 328. Antiterrorism assistance.

Sec. 329. Definition of assistance.

Sec. 330. Prohibition on assistance under Arms Export Control Act for countries

not cooperating fully with United States antiterrorism efforts.

TITLE IV—TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

Subtitle A—Removal of Alien Terrorists

Sec. 401. Alien terrorist removal.

Subtitle B—Exclusion of Members and Representatives of Terrorist Organizations

Sec. 411. Exclusion of alien terrorists.

Sec. 412. Waiver authority concerning notice of denial of application for visas.

Sec. 413. Denial of other relief for alien terrorists.

Sec. 414. Exclusion of aliens who have not been inspected and admitted.

Subtitle C—Modification to Asylum Procedures

Sec. 421. Denial of asylum to alien terrorists.

Sec. 422. Inspection and exclusion by immigration officers.

Sec. 423. Judicial review.

Subtitle D—Criminal Alien Procedural Improvements

Sec. 431. Access to certain confidential immigration and naturalization files

through court order. Sec. 432. Criminal alien identification system.

Sec. 433. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.

Sec. 434. Authority for alien smuggling investigations.

Sec. 435. Expansion of criteria for deportation for crimes of moral turpitude.

Sec. 436. Miscellaneous provisions.

Sec. 437. Interior repatriation program.

Sec. 438. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.

Sec. 439. Authorizing State and local law enforcement officials to arrest and detain

certain illegal aliens. Sec. 440. Criminal alien removal.

Sec. 441. Limitation on collateral attacks on underlying deportation order.

Sec. 442. Deportation procedures for certain criminal aliens who are not permanent

residents.

Sec. 443. Extradition of aliens.

TITLE V—NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS

RESTRICTIONS

Subtitle A—Nuclear Materials

Sec. 501. Findings and purpose.

Sec. 502. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.

Sec. 503. Report to Congress on thefts of explosive materials from armories.

Subtitle B—Biological Weapons Restrictions

Sec. 511. Enhanced penalties and control of biological agents.

Subtitle C—Chemical Weapons Restrictions

Sec. 521. Chemical weapons of mass destruction; study of facility for training and

evaluation of personnel who respond to use of chemical or biological

weapons in urban and suburban areas.
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TITLE VI—IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

Sec. 601. Findings and purposes.

Sec. 602. Definitions.

Sec. 603. Requirement of detection agents for plastic explosives.

Sec. 604. Criminal sanctions.

Sec. 605. Exceptions.

Sec. 606. Seizure and forfeiture of plastic explosives.

Sec. 607. Effective date.

TITLE VII—CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

Subtitle A—Crimes and Penalties

Sec. 701. Increased penalty for conspiracies involving explosives.

Sec. 702. Acts of terrorism transcending national boundaries.

Sec. 703. Expansion of provision relating to destruction or injury of property within

special maritime and territorial jurisdiction. Sec. 704. Conspiracy to harm people and property overseas.

Sec. 705. Increased penalties for certain terrorism crimes.

Sec. 706. Mandatory penalty for transferring an explosive material knowing that it

will be used to commit a crime of violence.

Sec. 707. Possession of stolen explosives prohibited.

Sec. 708. Enhanced penalties for use of explosives or arson crimes.

Sec. 709. Determination of constitutionality of restricting the dissemination of

bomb-making instructional materials.

Subtitle B—Criminal Procedures

Sec. 721. Clarification and extension of criminal jurisdiction over certain terrorism

offenses overseas.

Sec. 722. Clarification of maritime violence jurisdiction.

Sec. 723. Increased and alternate conspiracy penalties for terrorism offenses.

Sec. 724. Clarification of Federal jurisdiction over bomb threats.

Sec. 725. Expansion and modification of weapons of mass destruction statute.

Sec. 726. Addition of terrorism offenses to the money laundering statute.

Sec. 727. Protection of Federal employees; protection of current or former officials,

officers, or employees of the United States. Sec. 728. Death penalty aggravating factor.

Sec. 729. Detention hearing.

Sec. 730. Directions to Sentencing Commission.

Sec. 731. Exclusion of certain types of information from definitions.

Sec. 732. Marking, rendering inert, and licensing of explosive materials.

TITLE VIII—ASSISTANCE TO LAW ENFORCEMENT

Subtitle A—Resources and Security

Sec. 801. Overseas law enforcement training activities.

Sec. 802. Sense of Congress.

Sec. 803. Protection of Federal Government buildings in the District of Columbia.

Sec. 804. Requirement to preserve record evidence.

Sec. 805. Deterrent against terrorist activity damaging a Federal interest computer.

Sec. 806. Commission on the Advancement of Federal Law Enforcement.

Sec. 807. Combatting international counterfeiting of United States currency.

Sec. 808. Compilation of statistics relating to intimidation of Government employees. Sec. 809. Assessing and reducing the threat to law enforcement officers from the

criminal use of firearms and ammunition.

Sec. 810. Study and report on electronic surveillance.

Subtitle B—Funding Authorizations for Law Enforcement

Sec. 811. Federal Bureau of Investigation.

Sec. 812. United States Customs Service.

Sec. 813. Immigration and Naturalization Service.

Sec. 814. Drug Enforcement Administration.

Sec. 815. Department of Justice.

Sec. 816. Department of the Treasury.

Sec. 817. United States Park Police.

Sec. 818. The Judiciary.

Sec. 819. Local firefighter and emergency services training.

Sec. 820. Assistance to foreign countries to procure explosive detection devices and

other counterterrorism technology. Sec. 821. Research and development to support counterterrorism technologies.
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Sec. 822. Grants to State and local law enforcement for training and equipment.

Sec. 823. Funding source.

TITLE IX—MISCELLANEOUS

Sec. 901. Expansion of territorial sea.

Sec. 902. Proof of citizenship.

Sec. 903. Representation fees in criminal cases.

Sec. 904. Severability.

TITLE I—HABEAS CORPUS REFORM

SEC. 101. FILING DEADLINES.

Section 2244 of title 28, United States Code, is amended by

adding at the end the following new subsection:

‘‘(d)(1) A 1-year period of limitation shall apply to an application

for a writ of habeas corpus by a person in custody pursuant to

the judgment of a State court. The limitation period shall run

from the latest of—

‘‘(A) the date on which the judgment became final by the

conclusion of direct review or the expiration of the time for

seeking such review;

‘‘(B) the date on which the impediment to filing an application created by State action in violation of the Constitution

or laws of the United States is removed, if the applicant was

prevented from filing by such State action;

‘‘(C) the date on which the constitutional right asserted

was initially recognized by the Supreme Court, if the right

has been newly recognized by the Supreme Court and made

retroactively applicable to cases on collateral review; or ‘‘(D) the date on which the factual predicate of the claim

or claims presented could have been discovered through the

exercise of due diligence.

‘‘(2) The time during which a properly filed application for

State post-conviction or other collateral review with respect to the

pertinent judgment or claim is pending shall not be counted toward

any period of limitation under this subsection.’’.

SEC. 102. APPEAL.

Section 2253 of title 28, United States Code, is amended to

read as follows:

‘‘§ 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.
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‘‘(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the

denial of a constitutional right. ‘‘(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required

by paragraph (2).’’.

SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

Rule 22 of the Federal Rules of Appellate Procedure is amended

to read as follows:

‘‘Rule 22. Habeas corpus and section 2255 proceedings

‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An application for

a writ of habeas corpus shall be made to the appropriate district

court. If application is made to a circuit judge, the application

shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied,

renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28,

United States Code, appeal to the appropriate court of appeals

from the order of the district court denying the writ. ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas corpus

proceeding in which the detention complained of arises out of process issued by a State court, an appeal by the applicant for the

writ may not proceed unless a district or a circuit judge issues

a certificate of appealability pursuant to section 2253(c) of title

28, United States Code. If an appeal is taken by the applicant,

the district judge who rendered the judgment shall either issue

a certificate of appealability or state the reasons why such a certificate should not issue. The certificate or the statement shall be

forwarded to the court of appeals with the notice of appeal and

the file of the proceedings in the district court. If the district

judge has denied the certificate, the applicant for the writ may

then request issuance of the certificate by a circuit judge. If such

a request is addressed to the court of appeals, it shall be deemed

addressed to the judges thereof and shall be considered by a circuit

judge or judges as the court deems appropriate. If no express

request for a certificate is filed, the notice of appeal shall be deemed

to constitute a request addressed to the judges of the court of

appeals. If an appeal is taken by a State or its representative,

a certificate of appealability is not required.’’.

SEC. 104. SECTION 2254 AMENDMENTS.

Section 2254 of title 28, United States Code, is amended—

(1) by amending subsection (b) to read as follows: ‘‘(b)(1) An application for a writ of habeas corpus on behalf

of a person in custody pursuant to the judgment of a State court

shall not be granted unless it appears that— ‘‘(A) the applicant has exhausted the remedies available

in the courts of the State; or

‘‘(B)(i) there is an absence of available State corrective

process; or

‘‘(ii) circumstances exist that render such process ineffective

to protect the rights of the applicant.

‘‘(2) An application for a writ of habeas corpus may be denied

on the merits, notwithstanding the failure of the applicant to

exhaust the remedies available in the courts of the State.
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‘‘(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.’’.
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SEC. 105. SECTION 2255 AMENDMENTS.

Section 2255 of title 28, United States Code, is amended—

(1) by striking the second and fifth undesignated paragraphs; and (2) by adding at the end the following new undesignated

paragraphs:

‘‘A 1-year period of limitation shall apply to a motion under

this section. The limitation period shall run from the latest of—

‘‘(1) the date on which the judgment of conviction becomes

final;

‘‘(2) the date on which the impediment to making a motion

created by governmental action in violation of the Constitution

or laws of the United States is removed, if the movant was

prevented from making a motion by such governmental action; ‘‘(3) the date on which the right asserted was initially

recognized by the Supreme Court, if that right has been newly

recognized by the Supreme Court and made retroactively

applicable to cases on collateral review; or

‘‘(4) the date on which the facts supporting the claim or

claims presented could have been discovered through the exercise of due diligence.

‘‘Except as provided in section 408 of the Controlled Substances

Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except

as provided by a rule promulgated by the Supreme Court pursuant

to statutory authority. Appointment of counsel under this section

shall be governed by section 3006A of title 18.

‘‘A second or successive motion must be certified as provided

in section 2244 by a panel of the appropriate court of appeals

to contain—

‘‘(1) newly discovered evidence that, if proven and viewed

in light of the evidence as a whole, would be sufficient to

establish by clear and convincing evidence that no reasonable

factfinder would have found the movant guilty of the offense;

or

‘‘(2) a new rule of constitutional law, made retroactive

to cases on collateral review by the Supreme Court, that was

previously unavailable.’’.

SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

(a) CONFORMING AMENDMENT TO SECTION 2244(a).—Section

2244(a) of title 28, United States Code, is amended by striking

‘‘and the petition’’ and all that follows through ‘‘by such inquiry.’’

and inserting ‘‘, except as provided in section 2255.’’. (b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.—Section

2244(b) of title 28, United States Code, is amended to read as

follows:

‘‘(b)(1) A claim presented in a second or successive habeas

corpus application under section 2254 that was presented in a

prior application shall be dismissed.

‘‘(2) A claim presented in a second or successive habeas corpus

application under section 2254 that was not presented in a prior

application shall be dismissed unless—

‘‘(A) the applicant shows that the claim relies on a new

rule of constitutional law, made retroactive to cases on collateral

review by the Supreme Court, that was previously unavailable;

or
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‘‘(B)(i) the factual predicate for the claim could not have

been discovered previously through the exercise of due diligence; and

‘‘(ii) the facts underlying the claim, if proven and viewed

in light of the evidence as a whole, would be sufficient to

establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the

applicant guilty of the underlying offense.

‘‘(3)(A) Before a second or successive application permitted by

this section is filed in the district court, the applicant shall move

in the appropriate court of appeals for an order authorizing the

district court to consider the application.

‘‘(B) A motion in the court of appeals for an order authorizing

the district court to consider a second or successive application

shall be determined by a three-judge panel of the court of appeals.

‘‘(C) The court of appeals may authorize the filing of a second

or successive application only if it determines that the application

makes a prima facie showing that the application satisfies the

requirements of this subsection.

‘‘(D) The court of appeals shall grant or deny the authorization

to file a second or successive application not later than 30 days

after the filing of the motion.

‘‘(E) The grant or denial of an authorization by a court of

appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or

for a writ of certiorari.

‘‘(4) A district court shall dismiss any claim presented in a

second or successive application that the court of appeals has

authorized to be filed unless the applicant shows that the claim

satisfies the requirements of this section.’’.

SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.

(a) ADDITION OF CHAPTER TO TITLE 28, UNITED STATES CODE.—

Title 28, United States Code, is amended by inserting after chapter

153 the following new chapter:

‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

PROCEDURES IN CAPITAL CASES

‘‘Sec.

‘‘2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.

‘‘2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.

‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.

‘‘2264. Scope of Federal review; district court adjudications.

‘‘2265. Application to State unitary review procedure.

‘‘2266. Limitation periods for determining applications and motions.

‘‘§ 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
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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.

‘‘§ 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
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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).

‘‘§ 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 postconviction 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.

‘‘§ 2264. Scope of Federal review; district court adjudications

‘‘(a) Whenever a State prisoner under capital sentence files

a petition for habeas corpus relief to which this chapter applies,

the district court shall only consider a claim or claims that have

been raised and decided on the merits in the State courts, unless

the failure to raise the claim properly is— ‘‘(1) the result of State action in violation of the Constitution or laws of the United States;

‘‘(2) the result of the Supreme Court’s recognition of a

new Federal right that is made retroactively applicable; or

‘‘(3) based on a factual predicate that could not have been

discovered through the exercise of due diligence in time to

present the claim for State or Federal post-conviction review.

‘‘(b) Following review subject to subsections (a), (d), and (e)

of section 2254, the court shall rule on the claims properly before

it.

‘‘§ 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
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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 posttrial 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.

‘‘§ 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:
S. 735—12

‘‘(I) Whether the failure to allow the delay would be likely

to result in a miscarriage of justice.

‘‘(II) Whether the case is so unusual or so complex, due

to the number of defendants, the nature of the prosecution,

or the existence of novel questions of fact or law, that it is

unreasonable to expect adequate briefing within the time

limitations established by subparagraph (A).

‘‘(III) Whether the failure to allow a delay in a case that,

taken as a whole, is not so unusual or so complex as described

in subclause (II), but would otherwise deny the applicant

reasonable time to obtain counsel, would unreasonably deny

the applicant or the government continuity of counsel, or would

deny counsel for the applicant or the government the reasonable

time necessary for effective preparation, taking into account

the exercise of due diligence.

‘‘(iii) No delay in disposition shall be permissible because of

general congestion of the court’s calendar.

‘‘(iv) The court shall transmit a copy of any order issued under

clause (i) to the Director of the Administrative Office of the United

States Courts for inclusion in the report under paragraph (5).

‘‘(2) The time limitations under paragraph (1) shall apply to—

‘‘(A) an initial application for a writ of habeas corpus;

‘‘(B) any second or successive application for a writ of

habeas corpus; and

‘‘(C) any redetermination of an application for a writ of

habeas corpus following a remand by the court of appeals

or the Supreme Court for further proceedings, in which case

the limitation period shall run from the date the remand is

ordered.

‘‘(3)(A) The time limitations under this section shall not be

construed to entitle an applicant to a stay of execution, to which

the applicant would otherwise not be entitled, for the purpose

of litigating any application or appeal.

‘‘(B) No amendment to an application for a writ of habeas

corpus under this chapter shall be permitted after the filing of

the answer to the application, except on the grounds specified

in section 2244(b).

‘‘(4)(A) The failure of a court to meet or comply with a time

limitation under this section shall not be a ground for granting

relief from a judgment of conviction or sentence.

‘‘(B) The State may enforce a time limitation under this section

by petitioning for a writ of mandamus to the court of appeals.

The court of appeals shall act on the petition for a writ of mandamus

not later than 30 days after the filing of the petition.

‘‘(5)(A) The Administrative Office of the United States Courts

shall submit to Congress an annual report on the compliance by

the district courts with the time limitations under this section.

‘‘(B) The report described in subparagraph (A) shall include

copies of the orders submitted by the district courts under paragraph (1)(B)(iv).

‘‘(c)(1)(A) A court of appeals shall hear and render a final

determination of any appeal of an order granting or denying, in

whole or in part, an application brought under this chapter in

a capital case not later than 120 days after the date on which

the reply brief is filed, or if no reply brief is filed, not later than

120 days after the date on which the answering brief is filed.
S. 735—13

‘‘(B)(i) A court of appeals shall decide whether to grant a

petition for rehearing or other request for rehearing en banc not

later than 30 days after the date on which the petition for rehearing

is filed unless a responsive pleading is required, in which case

the court shall decide whether to grant the petition not later than

30 days after the date on which the responsive pleading is filed.

‘‘(ii) If a petition for rehearing or rehearing en banc is granted,

the court of appeals shall hear and render a final determination

of the appeal not later than 120 days after the date on which

the order granting rehearing or rehearing en banc is entered.

‘‘(2) The time limitations under paragraph (1) shall apply to—

‘‘(A) an initial application for a writ of habeas corpus;

‘‘(B) any second or successive application for a writ of

habeas corpus; and

‘‘(C) any redetermination of an application for a writ of

habeas corpus or related appeal following a remand by the

court of appeals en banc or the Supreme Court for further

proceedings, in which case the limitation period shall run from

the date the remand is ordered.

‘‘(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which

the applicant would otherwise not be entitled, for the purpose

of litigating any application or appeal.

‘‘(4)(A) The failure of a court to meet or comply with a time

limitation under this section shall not be a ground for granting

relief from a judgment of conviction or sentence.

‘‘(B) The State may enforce a time limitation under this section

by applying for a writ of mandamus to the Supreme Court.

‘‘(5) The Administrative Office of the United States Courts

shall submit to Congress an annual report on the compliance by

the courts of appeals with the time limitations under this section.’’.

(b) TECHNICAL AMENDMENT.—The part analysis for part IV

of title 28, United States Code, is amended by adding after the

item relating to chapter 153 the following new item:

‘‘154. Special habeas corpus procedures in capital cases .........................2261.’’.

(c) EFFECTIVE DATE.—Chapter 154 of title 28, United States

Code (as added by subsection (a)) shall apply to cases pending

on or after the date of enactment of this Act.

SEC. 108. TECHNICAL AMENDMENT.

Section 408(q) of the Controlled Substances Act (21 U.S.C.

848(q)) is amended by amending paragraph (9) to read as follows:

‘‘(9) Upon a finding that investigative, expert, or other services

are reasonably necessary for the representation of the defendant,

whether in connection with issues relating to guilt or the sentence,

the court may authorize the defendant’s attorneys to obtain such

services on behalf of the defendant and, if so authorized, shall

order the payment of fees and expenses therefor under paragraph

(10). No ex parte proceeding, communication, or request may be

considered pursuant to this section unless a proper showing is

made concerning the need for confidentiality. Any such proceeding,

communication, or request shall be transcribed and made a part

of the record available for appellate review.’’.
S. 735—14

TITLE II—JUSTICE FOR VICTIMS

Subtitle A—Mandatory Victim Restitution

SEC. 201. SHORT TITLE.

This subtitle may be cited as the ‘‘Mandatory Victims Restitu- tion Act of 1996’’.

SEC. 202. ORDER OF RESTITUTION.

Section 3556 of title 18, United States Code, is amended—

(1) by striking ‘‘may’’ and inserting ‘‘shall’’; and

(2) by striking ‘‘sections 3663 and 3664.’’ and inserting ‘‘section 3663A, and may order restitution in accordance with

section 3663. The procedures under section 3664 shall apply

to all orders of restitution under this section.’’.

SEC. 203. CONDITIONS OF PROBATION.

Section 3563 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in paragraph (3), by striking ‘‘and’’ at the end;

(B) in the first paragraph (4) (relating to conditions of probation for a domestic crime of violence), by striking

the period and inserting a semicolon; (C) by redesignating the second paragraph (4) (relating to conditions of probation concerning drug use and testing)

as paragraph (5); (D) in paragraph (5), as redesignated, by striking the period at the end and inserting a semicolon; and (E) by inserting after paragraph (5), as redesignated, the following new paragraphs:

‘‘(6) that the defendant—

‘‘(A) make restitution in accordance with sections 2248,

2259, 2264, 2327, 3663, 3663A, and 3664; and

‘‘(B) pay the assessment imposed in accordance with section 3013; and

‘‘(7) that the defendant will notify the court of any material change in the defendant’s economic circumstances that might

affect the defendant’s ability to pay restitution, fines, or special

assessments.’’; and

(2) in subsection (b)—

(A) by striking paragraph (2);

(B) by redesignating paragraphs (3) through (22) as

paragraphs (2) through (21), respectively; and (C) by amending paragraph (2), as redesignated, to

read as follows:

‘‘(2) make restitution to a victim of the offense under section

3556 (but not subject to the limitation of section 3663(a) or

3663A(c)(1)(A));’’.

SEC. 204. MANDATORY RESTITUTION.

(a) IN GENERAL.—Chapter 232 of title 18, United States Code,

is amended by inserting immediately after section 3663 the following new section:

‘‘§ 3663A. Mandatory restitution to victims of certain crimes

‘‘(a)(1) Notwithstanding any other provision of law, when

sentencing a defendant convicted of an offense described in sub-
S. 735—15

section (c), the court shall order, in addition to, or in the case

of a misdemeanor, in addition to or in lieu of, any other penalty

authorized by law, that the defendant make restitution to the

victim of the offense or, if the victim is deceased, to the victim’s

estate.

‘‘(2) For the purposes of this section, the term ‘victim’ means

a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including,

in the case of an offense that involves as an element a scheme,

conspiracy, or pattern of criminal activity, any person directly

harmed by the defendant’s criminal conduct in the course of the

scheme, conspiracy, or pattern. In the case of a victim who is

under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim’s

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim’s rights under this

section, but in no event shall the defendant be named as such

representative or guardian.

‘‘(3) The court shall also order, if agreed to by the parties

in a plea agreement, restitution to persons other than the victim

of the offense.

‘‘(b) The order of restitution shall require that such defendant—

‘‘(1) in the case of an offense resulting in damage to or

loss or destruction of property of a victim of the offense—

‘‘(A) return the property to the owner of the property

or someone designated by the owner; or

‘‘(B) if return of the property under subparagraph (A)

is impossible, impracticable, or inadequate, pay an amount

equal to—

‘‘(i) the greater of—

‘‘(I) the value of the property on the date of

the damage, loss, or destruction; or

‘‘(II) the value of the property on the date

of sentencing, less

‘‘(ii) the value (as of the date the property is

returned) of any part of the property that is returned;

‘‘(2) in the case of an offense resulting in bodily injury

to a victim—

‘‘(A) pay an amount equal to the cost of necessary

medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance

with a method of healing recognized by the law of the

place of treatment;

‘‘(B) pay an amount equal to the cost of necessary

physical and occupational therapy and rehabilitation; and

‘‘(C) reimburse the victim for income lost by such victim

as a result of such offense;

‘‘(3) in the case of an offense resulting in bodily injury

that results in the death of the victim, pay an amount equal

to the cost of necessary funeral and related services; and

‘‘(4) in any case, reimburse the victim for lost income and

necessary child care, transportation, and other expenses

incurred during participation in the investigation or prosecution

of the offense or attendance at proceedings related to the

offense.
S. 735—16

‘‘(c)(1) This section shall apply in all sentencing proceedings

for convictions of, or plea agreements relating to charges for, any

offense—

‘‘(A) that is—

‘‘(i) a crime of violence, as defined in section 16;

‘‘(ii) an offense against property under this title, including any offense committed by fraud or deceit; or

‘‘(iii) an offense described in section 1365 (relating to

tampering with consumer products); and

‘‘(B) in which an identifiable victim or victims has suffered

a physical injury or pecuniary loss.

‘‘(2) In the case of a plea agreement that does not result

in a conviction for an offense described in paragraph (1), this

section shall apply only if the plea specifically states that an offense

listed under such paragraph gave rise to the plea agreement.

‘‘(3) This section shall not apply in the case of an offense

described in paragraph (1)(A)(ii) if the court finds, from facts on

the record, that—

‘‘(A) the number of identifiable victims is so large as to

make restitution impracticable; or

‘‘(B) determining complex issues of fact related to the cause

or amount of the victim’s losses would complicate or prolong

the sentencing process to a degree that the need to provide

restitution to any victim is outweighed by the burden on the

sentencing process.

‘‘(d) An order of restitution under this section shall be issued

and enforced in accordance with section 3664.’’.

(b) CLERICAL AMENDMENT.—The analysis for chapter 232 of

title 18, United States Code, is amended by inserting immediately

after the matter relating to section 3663 the following:

‘‘3663A. Mandatory restitution to victims of certain crimes.’’.

SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.

(a) IN GENERAL.—Section 3663 of title 18, United States Code,

is amended—

(1) in subsection (a)(1)—

(A) by striking ‘‘(a)(1) The court’’ and inserting

‘‘(a)(1)(A) The court’’;

(B) by inserting ‘‘, section 401, 408(a), 409, 416, 420,

or 422(a) of the Controlled Substances Act (21 U.S.C. 841,

848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a

victim of such offense under this section),’’ before ‘‘or section

46312,’’;

(C) by inserting ‘‘other than an offense described in section 3663A(c),’’ after ‘‘title 49,’’;

(D) by inserting before the period at the end the following: ‘‘, or if the victim is deceased, to the victim’s estate’’; (E) by adding at the end the following new subparagraph: ‘‘(B)(i) The court, in determining whether to order restitution

under this section, shall consider—

‘‘(I) the amount of the loss sustained by each victim as

a result of the offense; and

‘‘(II) the financial resources of the defendant, the financial

needs and earning ability of the defendant and the defendant’s
S. 735—17

dependents, and such other factors as the court deems appropriate.

‘‘(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the

fashioning of an order of restitution under this section outweighs

the need to provide restitution to any victims, the court may decline

to make such an order.’’; and

(F) by amending paragraph (2) to read as follows:

‘‘(2) For the purposes of this section, the term ‘victim’ means

a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including,

in the case of an offense that involves as an element a scheme,

conspiracy, or pattern of criminal activity, any person directly

harmed by the defendant’s criminal conduct in the course of the

scheme, conspiracy, or pattern. In the case of a victim who is

under 18 years of age, incompetent, incapacitated, or deceased,

the legal guardian of the victim or representative of the victim’s

estate, another family member, or any other person appointed as

suitable by the court, may assume the victim’s rights under this

section, but in no event shall the defendant be named as such

representative or guardian.’’;

(2) by striking subsections (c) through (i); and

(3) by adding at the end the following new subsections:

‘‘(c)(1) Notwithstanding any other provision of law (but subject

to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when

sentencing a defendant convicted of an offense described in section

401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances

Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there

is no identifiable victim, the court may order that the defendant

make restitution in accordance with this subsection.

‘‘(2)(A) An order of restitution under this subsection shall be

based on the amount of public harm caused by the offense, as

determined by the court in accordance with guidelines promulgated

by the United States Sentencing Commission.

‘‘(B) In no case shall the amount of restitution ordered under

this subsection exceed the amount of the fine ordered for the offense

charged in the case.

‘‘(3) Restitution under this subsection shall be distributed as

follows:

‘‘(A) 65 percent of the total amount of restitution shall

be paid to the State entity designated to administer crime

victim assistance in the State in which the crime occurred.

‘‘(B) 35 percent of the total amount of restitution shall

be paid to the State entity designated to receive Federal substance abuse block grant funds.

‘‘(4) The court shall not make an award under this subsection

if it appears likely that such award would interfere with a forfeiture

under chapter 46 of this title or under the Controlled Substances

Act (21 U.S.C. 801 et seq.).

‘‘(5) Notwithstanding section 3612(c) or any other provision

of law, a penalty assessment under section 3013 or a fine under

subchapter C of chapter 227 shall take precedence over an order

of restitution under this subsection.

‘‘(6) Requests for community restitution under this subsection

may be considered in all plea agreements negotiated by the United

States.
S. 735—18

‘‘(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection.

‘‘(B) No restitution shall be ordered under this subsection until

such time as the Sentencing Commission promulgates guidelines

pursuant to this paragraph.

‘‘(d) An order of restitution made pursuant to this section

shall be issued and enforced in accordance with section 3664.’’.

(b) SEXUAL ABUSE.—Section 2248 of title 18, United States

Code, is amended—

(1) in subsection (a), by inserting ‘‘or 3663A’’ after ‘‘3663’’;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) DIRECTIONS.—The order of restitution under this section shall direct the defendant to pay to the victim (through

the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph

(2).’’;

(B) by amending paragraph (2) to read as follows:

‘‘(2) ENFORCEMENT.—An order of restitution under this section shall be issued and enforced in accordance with section

3664 in the same manner as an order under section 3663A.’’;

(C) in paragraph (4), by striking subparagraphs (C)

and (D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

(c) SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN.— Section 2259 of title 18, United States Code, is amended—

(1) in subsection (a), by inserting ‘‘or 3663A’’ after ‘‘3663’’;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows: ‘‘(1) DIRECTIONS.—The order of restitution under this section shall direct the defendant to pay the victim (through

the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph

(2).’’;

(B) by amending paragraph (2) to read as follows: ‘‘(2) ENFORCEMENT.—An order of restitution under this section shall be issued and enforced in accordance with section

3664 in the same manner as an order under section 3663A.’’;

(C) in paragraph (4), by striking subparagraphs (C) and (D); and

(D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

(d) DOMESTIC VIOLENCE.—Section 2264 of title 18, United

States Code, is amended—

(1) in subsection (a), by inserting ‘‘or 3663A’’ after ‘‘3663’’;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) DIRECTIONS.—The order of restitution under this section shall direct the defendant to pay the victim (through

the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph

(2).’’;

(B) by amending paragraph (2) to read as follows:
S. 735—19

‘‘(2) ENFORCEMENT.—An order of restitution under this section shall be issued and enforced in accordance with section

3664 in the same manner as an order under section 3663A.’’;

(C) in paragraph (4), by striking subparagraphs (C)

and (D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (g); and

(4) by adding at the end the following new subsection

(c):

‘‘(c) VICTIM DEFINED.—For purposes of this section, the term

‘victim’ means the individual harmed as a result of a commission

of a crime under this chapter, including, in the case of a victim

who is under 18 years of age, incompetent, incapacitated, or

deceased, the legal guardian of the victim or representative of

the victim’s estate, another family member, or any other person

appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.’’.

(e) TELEMARKETING FRAUD.—Section 2327 of title 18, United

States Code, is amended—

(1) in subsection (a), by inserting ‘‘or 3663A’’ after ‘‘3663’’;

(2) in subsection (b)—

(A) by amending paragraph (1) to read as follows:

‘‘(1) DIRECTIONS.—The order of restitution under this section shall direct the defendant to pay to the victim (through

the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph

(2).’’;

(B) by amending paragraph (2) to read as follows:

‘‘(2) ENFORCEMENT.—An order of restitution under this section shall be issued and enforced in accordance with section

3664 in the same manner as an order under section 3663A.’’;

(C) in paragraph (4), by striking subparagraphs (C)

and (D); and

(D) by striking paragraphs (5) through (10);

(3) by striking subsections (c) through (e); and

(4) by redesignating subsection (f) as subsection (c).

SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.

(a) IN GENERAL.—Section 3664 of title 18, United States Code,

is amended to read as follows:

‘‘§ 3664. Procedure for issuance and enforcement of order

of restitution

‘‘(a) For orders of restitution under this title, the court shall

order the probation officer to obtain and include in its presentence

report, or in a separate report, as the court may direct, information

sufficient for the court to exercise its discretion in fashioning a

restitution order. The report shall include, to the extent practicable,

a complete accounting of the losses to each victim, any restitution

owed pursuant to a plea agreement, and information relating to

the economic circumstances of each defendant. If the number or

identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable,

the probation officer shall so inform the court.

‘‘(b) The court shall disclose to both the defendant and the

attorney for the Government all portions of the presentence or
S. 735—20

other report pertaining to the matters described in subsection (a)

of this section.

‘‘(c) The provisions of this chapter, chapter 227, and Rule 32(c)

of the Federal Rules of Criminal Procedure shall be the only rules

applicable to proceedings under this section.

‘‘(d)(1) Upon the request of the probation officer, but not later

than 60 days prior to the date initially set for sentencing, the

attorney for the Government, after consulting, to the extent practicable, with all identified victims, shall promptly provide the probation officer with a listing of the amounts subject to restitution.

‘‘(2) The probation officer shall, prior to submitting the

presentence report under subsection (a), to the extent practicable—

‘‘(A) provide notice to all identified victims of—

‘‘(i) the offense or offenses of which the defendant was

convicted;

‘‘(ii) the amounts subject to restitution submitted to

the probation officer;

‘‘(iii) the opportunity of the victim to submit information to the probation officer concerning the amount of the

victim’s losses;

‘‘(iv) the scheduled date, time, and place of the sentencing hearing;

‘‘(v) the availability of a lien in favor of the victim

pursuant to subsection (m)(1)(B); and

‘‘(vi) the opportunity of the victim to file with the

probation officer a separate affidavit relating to the amount

of the victim’s losses subject to restitution; and

‘‘(B) provide the victim with an affidavit form to submit

pursuant to subparagraph (A)(vi).

‘‘(3) Each defendant shall prepare and file with the probation

officer an affidavit fully describing the financial resources of the

defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant

was arrested, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other information

that the court requires relating to such other factors as the court

deems appropriate.

‘‘(4) After reviewing the report of the probation officer, the

court may require additional documentation or hear testimony.

The privacy of any records filed, or testimony heard, pursuant

to this section shall be maintained to the greatest extent possible,

and such records may be filed or testimony heard in camera. ‘‘(5) If the victim’s losses are not ascertainable by the date

that is 10 days prior to sentencing, the attorney for the Government

or the probation officer shall so inform the court, and the court

shall set a date for the final determination of the victim’s losses,

not to exceed 90 days after sentencing. If the victim subsequently

discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended

restitution order. Such order may be granted only upon a showing

of good cause for the failure to include such losses in the initial

claim for restitutionary relief.

‘‘(6) The court may refer any issue arising in connection with

a proposed order of restitution to a magistrate judge or special

master for proposed findings of fact and recommendations as to

disposition, subject to a de novo determination of the issue by

the court.
S. 735—21

‘‘(e) Any dispute as to the proper amount or type of restitution

shall be resolved by the court by the preponderance of the evidence.

The burden of demonstrating the amount of the loss sustained

by a victim as a result of the offense shall be on the attorney

for the Government. The burden of demonstrating the financial

resources of the defendant and the financial needs of the defendant’s

dependents, shall be on the defendant. The burden of demonstrating

such other matters as the court deems appropriate shall be upon

the party designated by the court as justice requires.

‘‘(f)(1)(A) In each order of restitution, the court shall order

restitution to each victim in the full amount of each victim’s losses

as determined by the court and without consideration of the economic circumstances of the defendant.

‘‘(B) In no case shall the fact that a victim has received or

is entitled to receive compensation with respect to a loss from

insurance or any other source be considered in determining the

amount of restitution.

‘‘(2) Upon determination of the amount of restitution owed

to each victim, the court shall, pursuant to section 3572, specify

in the restitution order the manner in which, and the schedule

according to which, the restitution is to be paid, in consideration

of—

‘‘(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled;

‘‘(B) projected earnings and other income of the defendant;

and

‘‘(C) any financial obligations of the defendant; including

obligations to dependents.

‘‘(3)(A) A restitution order may direct the defendant to make

a single, lump-sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified

intervals and in-kind payments.

‘‘(B) A restitution order may direct the defendant to make

nominal periodic payments if the court finds from facts on the

record that the economic circumstances of the defendant do not

allow the payment of any amount of a restitution order, and do

not allow for the payment of the full amount of a restitution

order in the foreseeable future under any reasonable schedule of

payments.

‘‘(4) An in-kind payment described in paragraph (3) may be

in the form of—

‘‘(A) return of property;

‘‘(B) replacement of property; or

‘‘(C) if the victim agrees, services rendered to the victim

or a person or organization other than the victim.

‘‘(g)(1) No victim shall be required to participate in any phase

of a restitution order.

‘‘(2) A victim may at any time assign the victim’s interest

in restitution payments to the Crime Victims Fund in the Treasury

without in any way impairing the obligation of the defendant to

make such payments.

‘‘(h) If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant

liable for payment of the full amount of restitution or may apportion

liability among the defendants to reflect the level of contribution

to the victim’s loss and economic circumstances of each defendant.
S. 735—22

‘‘(i) If the court finds that more than 1 victim has sustained

a loss requiring restitution by a defendant, the court may provide

for a different payment schedule for each victim based on the

type and amount of each victim’s loss and accounting for the economic circumstances of each victim. In any case in which the

United States is a victim, the court shall ensure that all other

victims receive full restitution before the United States receives

any restitution.

‘‘(j)(1) If a victim has received compensation from insurance

or any other source with respect to a loss, the court shall order

that restitution be paid to the person who provided or is obligated

to provide the compensation, but the restitution order shall provide

that all restitution of victims required by the order be paid to

the victims before any restitution is paid to such a provider of

compensation.

‘‘(2) Any amount paid to a victim under an order of restitution

shall be reduced by any amount later recovered as compensatory

damages for the same loss by the victim in—

‘‘(A) any Federal civil proceeding; and

‘‘(B) any State civil proceeding, to the extent provided by

the law of the State.

‘‘(k) A restitution order shall provide that the defendant shall

notify the court and the Attorney General of any material change

in the defendant’s economic circumstances that might affect the

defendant’s ability to pay restitution. The court may also accept

notification of a material change in the defendant’s economic circumstances from the United States or from the victim. The Attorney

General shall certify to the court that the victim or victims owed

restitution by the defendant have been notified of the change in

circumstances. Upon receipt of the notification, the court may,

on its own motion, or the motion of any party, including the victim,

adjust the payment schedule, or require immediate payment in

full, as the interests of justice require. ‘‘(l) A conviction of a defendant for an offense involving the

act giving rise to an order of restitution shall estop the defendant

from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the

extent consistent with State law, brought by the victim. ‘‘(m)(1)(A)(i) An order of restitution may be enforced by the

United States in the manner provided for in subchapter C of chapter

227 and subchapter B of chapter 229 of this title; or

‘‘(ii) by all other available and reasonable means.

‘‘(B) At the request of a victim named in a restitution order,

the clerk of the court shall issue an abstract of judgment certifying

that a judgment has been entered in favor of such victim in the

amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the

rules and requirements relating to judgments of the court of the

State where the district court is located, the abstract of judgment

shall be a lien on the property of the defendant located in such

State in the same manner and to the same extent and under

the same conditions as a judgment of a court of general jurisdiction

in that State.

‘‘(2) An order of in-kind restitution in the form of services

shall be enforced by the probation officer.

‘‘(n) If a person obligated to provide restitution, or pay a fine,

receives substantial resources from any source, including inherit-
S. 735—23

ance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such

resources to any restitution or fine still owed.

‘‘(o) A sentence that imposes an order of restitution is a final

judgment notwithstanding the fact that—

‘‘(1) such a sentence can subsequently be—

‘‘(A) corrected under Rule 35 of the Federal Rules

of Criminal Procedure and section 3742 of chapter 235

of this title;

‘‘(B) appealed and modified under section 3742;

‘‘(C) amended under section 3664(d)(3); or

‘‘(D) adjusted under section 3664(k), 3572, or 3613A;

or

‘‘(2) the defendant may be resentenced under section 3565

or 3614.

‘‘(p) Nothing in this section or sections 2248, 2259, 2264, 2327,

3663, and 3663A and arising out of the application of such sections,

shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer

or employee of the United States.’’.

(b) TECHNICAL AMENDMENT.—The item relating to section 3664

in the analysis for chapter 232 of title 18, United States Code,

is amended to read as follows:

‘‘3664. Procedure for issuance and enforcement of order of restitution.’’.

SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION

ORDER.

(a) AMENDMENT OF FEDERAL RULES OF CRIMINAL PROCEDURE.—

Rule 32(b) of the Federal Rules of Criminal Procedure is amended—

(1) in paragraph (1), by adding at the end the following:

‘‘Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the

court may direct, shall be required in any case in which restitution is required to be ordered.’’; and

(2) in paragraph (4)—

(A) by redesignating subparagraphs (F) and (G) as

subparagraphs (G) and (H), respectively; and

(B) by inserting after subparagraph (E), the following

new subparagraph: ‘‘(F) in appropriate cases, information sufficient for

the court to enter an order of restitution;’’.

(b) FINES.—Section 3572 of title 18, United States Code, is

amended—

(1) in subsection (b) by inserting ‘‘other than the United

States,’’ after ‘‘offense,’’;

(2) in subsection (d)—

(A) in the first sentence, by striking ‘‘A person sentenced to pay a fine or other monetary penalty’’ and inserting ‘‘(1) A person sentenced to pay a fine or other monetary

penalty, including restitution,’’; (B) by striking the third sentence; and

(C) by adding at the end the following:

‘‘(2) If the judgment, or, in the case of a restitution order,

the order, permits other than immediate payment, the length of

time over which scheduled payments will be made shall be set
S. 735—24

by the court, but shall be the shortest time in which full payment

can reasonably be made.

‘‘(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify

the court of any material change in the defendant’s economic circumstances that might affect the defendant’s ability to pay the

fine. Upon receipt of such notice the court may, on its own motion

or the motion of any party, adjust the payment schedule, or require

immediate payment in full, as the interests of justice require.’’;

(3) in subsection (f), by inserting ‘‘restitution’’ after ‘‘special

assessment,’’;

(4) in subsection (h), by inserting ‘‘or payment of restitution’’ after ‘‘A fine’’; and

(5) in subsection (i)—

(A) in the first sentence, by inserting ‘‘or payment

of restitution’’ after ‘‘A fine’’; and

(B) by amending the second sentence to read as follows:

‘‘Notwithstanding any installment schedule, when a fine

or payment of restitution is in default, the entire amount

of the fine or restitution is due within 30 days after notification of the default, subject to the provisions of section

3613A.’’.

(c) POSTSENTENCE ADMINISTRATION.—

(1) PAYMENT OF A FINE OR RESTITUTION.—Section 3611

of title 18, United States Code, is amended—

(A) by amending the heading to read as follows:

‘‘§ 3611. Payment of a fine or restitution’’;

and

(B) by striking ‘‘or assessment shall pay the fine or

assessment’’ and inserting ‘‘, assessment, or restitution,

shall pay the fine, assessment, or restitution’’.

(2) COLLECTION.—Section 3612 of title 18, United States

Code, is amended—

(A) by amending the heading to read as follows:

‘‘§ 3612. Collection of unpaid fine or restitution’’;

(B) in subsection (b)(1)—

(i) in the matter preceding subparagraph (A), by

inserting ‘‘or restitution order’’ after ‘‘fine’’; (ii) in subparagraph (C), by inserting ‘‘or restitution order’’ after ‘‘fine’’;

(iii) in subparagraph (E), by striking ‘‘and’’;

(iv) in subparagraph (F)— (I) by inserting ‘‘or restitution order’’ after

‘‘fine’’; and

(II) by striking the period at the end and

inserting ‘‘; and’’; and

(v) by adding at the end the following new subparagraph:

‘‘(G) in the case of a restitution order, information

sufficient to identify each victim to whom restitution is

owed. It shall be the responsibility of each victim to notify

the Attorney General, or the appropriate entity of the court,

by means of a form to be provided by the Attorney General

or the court, of any change in the victim’s mailing address

while restitution is still owed the victim. The confidentiality
S. 735—25

of any information relating to a victim shall be maintained.’’;

(C) in subsection (c)—

(i) in the first sentence, by inserting ‘‘or restitution’’

after ‘‘fine’’; and

(ii) by adding at the end the following: ‘‘Any money

received from a defendant shall be disbursed so that

each of the following obligations is paid in full in

the following sequence:

‘‘(1) A penalty assessment under section 3013 of title 18,

United States Code.

‘‘(2) Restitution of all victims.

‘‘(3) All other fines, penalties, costs, and other payments

required under the sentence.’’;

(D) in subsection (d)—

(i) by inserting ‘‘or restitution’’ after ‘‘fine’’; and

(ii) by striking ‘‘is delinquent, to inform him that

the fine is delinquent’’ and inserting ‘‘or restitution

is delinquent, to inform the person of the delinquency’’;

(E) in subsection (e)—

(i) by inserting ‘‘or restitution’’ after ‘‘fine’’; and

(ii) by striking ‘‘him that the fine is in default’’

and inserting ‘‘the person that the fine or restitution

is in default’’;

(F) in subsection (f)—

(i) in the heading, by inserting ‘‘and restitution’’

after ‘‘on fines’’; and

(ii) in paragraph (1), by inserting ‘‘or restitution’’

after ‘‘any fine’’;

(G) in subsection (g), by inserting ‘‘or restitution’’ after

‘‘fine’’ each place it appears; and

(H) in subsection (i), by inserting ‘‘and restitution’’

after ‘‘fines’’.

(3) CIVIL REMEDIES.—Section 3613 of title 18, United States

Code, is amended to read as follows:

‘‘§ 3613. Civil remedies for satisfaction of an unpaid fine

‘‘(a) ENFORCEMENT.—The United States may enforce a judgment

imposing a fine in accordance with the practices and procedures

for the enforcement of a civil judgment under Federal law or State

law. Notwithstanding any other Federal law (including section 207

of the Social Security Act), a judgment imposing a fine may be

enforced against all property or rights to property of the person

fined, except that—

‘‘(1) property exempt from levy for taxes pursuant to section

6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the

Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law;

‘‘(2) section 3014 of chapter 176 of title 28 shall not apply

to enforcement under Federal law; and

‘‘(3) the provisions of section 303 of the Consumer Credit

Protection Act (15 U.S.C. 1673) shall apply to enforcement

of the judgment under Federal law or State law.

‘‘(b) TERMINATION OF LIABILITY.—The liability to pay a fine

shall terminate the later of 20 years from the entry of judgment

or 20 years after the release from imprisonment of the person

fined, or upon the death of the individual fined.
S. 735—26

‘‘(c) LIEN.—A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, or an order of restitution

made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A,

or 3664 of this title, is a lien in favor of the United States on

all property and rights to property of the person fined as if the

liability of the person fined were a liability for a tax assessed

under the Internal Revenue Code of 1986. The lien arises on the

entry of judgment and continues for 20 years or until the liability

is satisfied, remitted, set aside, or is terminated under subsection

(b).

‘‘(d) EFFECT OF FILING NOTICE OF LIEN.—Upon filing of a notice

of lien in the manner in which a notice of tax lien would be

filed under section 6323(f) (1) and (2) of the Internal Revenue

Code of 1986, the lien shall be valid against any purchaser, holder

of a security interest, mechanic’s lienor or judgment lien creditor,

except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue

Code of 1986 for which a notice of tax lien properly filed on the

same date would not be valid. The notice of lien shall be considered

a notice of lien for taxes payable to the United States for the

purpose of any State or local law providing for the filing of a

notice of a tax lien. A notice of lien that is registered, recorded,

docketed, or indexed in accordance with the rules and requirements

relating to judgments of the courts of the State where the notice

of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The

provisions of section 3201(e) of chapter 176 of title 28 shall apply

to liens filed as prescribed by this section.

‘‘(e) DISCHARGE OF DEBT INAPPLICABLE.—No discharge of debts

in a proceeding pursuant to any chapter of title 11, United States

Code, shall discharge liability to pay a fine pursuant to this section,

and a lien filed as prescribed by this section shall not be voided

in a bankruptcy proceeding.

‘‘(f) APPLICABILITY TO ORDER OF RESTITUTION.—In accordance

with section 3664(m)(1)(A) of this title, all provisions of this section

are available to the United States for the enforcement of an order

of restitution.’’.

(4) DEFAULT.—Chapter 229 of title 18, United States Code,

is amended by inserting after section 3613 the following new

section:

‘‘§ 3613A. Effect of default

‘‘(a)(1) Upon a finding that the defendant is in default on

a payment of a fine or restitution, the court may, pursuant to

section 3565, revoke probation or a term of supervised release,

modify the terms or conditions of probation or a term of supervised

release, resentence a defendant pursuant to section 3614, hold

the defendant in contempt of court, enter a restraining order or

injunction, order the sale of property of the defendant, accept a

performance bond, enter or adjust a payment schedule, or take

any other action necessary to obtain compliance with the order

of a fine or restitution.

‘‘(2) In determining what action to take, the court shall consider

the defendant’s employment status, earning ability, financial

resources, the willfulness in failing to comply with the fine or

restitution order, and any other circumstances that may have a
S. 735—27

bearing on the defendant’s ability or failure to comply with the

order of a fine or restitution.

‘‘(b)(1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the

court.

‘‘(2) To the extent practicable, in a hearing held pursuant

to this section involving a defendant who is confined in any jail,

prison, or other correctional facility, proceedings in which the prisoner’s participation is required or permitted shall be conducted

by telephone, video conference, or other communications technology

without removing the prisoner from the facility in which the prisoner is confined.’’.

(5) RESENTENCING.—Section 3614 of title 18, United States

Code, is amended—

(A) in the heading, by inserting ‘‘or restitution’’ after

‘‘fine’’;

(B) in subsection (a), by inserting ‘‘or restitution’’ after

‘‘fine’’; and

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

‘‘(c) EFFECT OF INDIGENCY.—In no event shall a defendant

be incarcerated under this section solely on the basis of inability

to make payments because the defendant is indigent.’’.

(d) CLERICAL AMENDMENT.—The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States

Code, is amended to read as follows:

‘‘Sec.

‘‘3611. Payment of a fine or restitution.

‘‘3612. Collection of an unpaid fine or restitution.

‘‘3613. Civil remedies for satisfaction of an unpaid fine.

‘‘3613A. Effect of default.

‘‘3614. Resentencing upon failure to pay a fine or restitution.

‘‘3615. Criminal default.’’.

SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.

Pursuant to section 994 of title 28, United States Code, the

United States Sentencing Commission shall promulgate guidelines

or amend existing guidelines to reflect this subtitle and the amendments made by this subtitle.

SEC. 209. JUSTICE DEPARTMENT REGULATIONS.

Not later than 90 days after the date of enactment of this

subtitle, the Attorney General shall promulgate guidelines, or

amend existing guidelines, to carry out this subtitle and the amendments made by this subtitle and to ensure that— (1) in all plea agreements negotiated by the United States,

consideration is given to requesting that the defendant provide

full restitution to all victims of all charges contained in the

indictment or information, without regard to the counts to

which the defendant actually pleaded; and

(2) orders of restitution made pursuant to the amendments

made by this subtitle are enforced to the fullest extent of

the law.

SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

Section 3013(a)(2) of title 18, United States Code, is amended—

(1) in subparagraph (A), by striking ‘‘$50’’ and inserting

‘‘not less than $100’’; and

(2) in subparagraph (B), by striking ‘‘$200’’ and inserting

‘‘not less than $400’’.
S. 735—28

SEC. 211. EFFECTIVE DATE.

The amendments made by this subtitle shall, to the extent

constitutionally permissible, be effective for sentencing proceedings

in cases in which the defendant is convicted on or after the date

of enactment of this Act.

Subtitle B—Jurisdiction for Lawsuits

Against Terrorist States

SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

(a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN

CASES.—Section 1605 of title 28, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘or’’ at the end of paragraph (5);

(B) by striking the period at the end of paragraph

(6) and inserting ‘‘; or’’; and

(C) by adding at the end the following new paragraph:

‘‘(7) not otherwise covered by paragraph (2), in which money

damages are sought against a foreign state for personal injury

or death that was caused by an act of torture, extrajudicial

killing, aircraft sabotage, hostage taking, or the provision of

material support or resources (as defined in section 2339A

of title 18) for such an act if such act or provision of material

support is engaged in by an official, employee, or agent of

such foreign state while acting within the scope of his or her

office, employment, or agency, except that the court shall

decline to hear a claim under this paragraph—

‘‘(A) if the foreign state was not designated as a state

sponsor of terrorism under section 6(j) of the Export

Administration Act of 1979 (50 U.S.C. App. 2405(j)) or

section 620A of the Foreign Assistance Act of 1961 (22

U.S.C. 2371) at the time the act occurred, unless later

so designated as a result of such act; and

‘‘(B) even if the foreign state is or was so designated,

if—

‘‘(i) the act occurred in the foreign state against

which the claim has been brought and the claimant

has not afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with

accepted international rules of arbitration; or

‘‘(ii) the claimant or victim was not a national

of the United States (as that term is defined in section

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

when the act upon which the claim is based occurred.’’;

and

(2) by adding at the end the following:

‘‘(e) For purposes of paragraph (7) of subsection (a)—

‘‘(1) the terms ‘torture’ and ‘extrajudicial killing’ have the

meaning given those terms in section 3 of the Torture Victim

Protection Act of 1991;

‘‘(2) the term ‘hostage taking’ has the meaning given that

term in Article 1 of the International Convention Against the

Taking of Hostages; and
S. 735—29

‘‘(3) the term ‘aircraft sabotage’ has the meaning given

that term in Article 1 of the Convention for the Suppression

of Unlawful Acts Against the Safety of Civil Aviation.

‘‘(f) No action shall be maintained under subsection (a)(7) unless

the action is commenced not later than 10 years after the date

on which the cause of action arose. All principles of equitable

tolling, including the period during which the foreign state was

immune from suit, shall apply in calculating this limitation period.

‘‘(g) LIMITATION ON DISCOVERY.—

‘‘(1) IN GENERAL.—(A) Subject to paragraph (2), if an action

is filed that would otherwise be barred by section 1604, but

for subsection (a)(7), the court, upon request of the Attorney

General, shall stay any request, demand, or order for discovery

on the United States that the Attorney General certifies would

significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident

that gave rise to the cause of action, until such time as the

Attorney General advises the court that such request, demand,

or order will no longer so interfere.

‘‘(B) A stay under this paragraph shall be in effect during

the 12-month period beginning on the date on which the court

issues the order to stay discovery. The court shall renew the

order to stay discovery for additional 12-month periods upon

motion by the United States if the Attorney General certifies

that discovery would significantly interfere with a criminal

investigation or prosecution, or a national security operation,

related to the incident that gave rise to the cause of action.

‘‘(2) SUNSET.—(A) Subject to subparagraph (B), no stay shall be granted or continued in effect under paragraph (1)

after the date that is 10 years after the date on which the

incident that gave rise to the cause of action occurred. ‘‘(B) After the period referred to in subparagraph (A), the

court, upon request of the Attorney General, may stay any

request, demand, or order for discovery on the United States

that the court finds a substantial likelihood would—

‘‘(i) create a serious threat of death or serious bodily

injury to any person; ‘‘(ii) adversely affect the ability of the United States

to work in cooperation with foreign and international law

enforcement agencies in investigating violations of United

States law; or

‘‘(iii) obstruct the criminal case related to the incident

that gave rise to the cause of action or undermine the

potential for a conviction in such case.

‘‘(3) EVALUATION OF EVIDENCE.—The court’s evaluation of

any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera.

‘‘(4) BAR ON MOTIONS TO DISMISS.—A stay of discovery

under this subsection shall constitute a bar to the granting

of a motion to dismiss under rules 12(b)(6) and 56 of the

Federal Rules of Civil Procedure.

‘‘(5) CONSTRUCTION.—Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States.’’.

(b) EXCEPTION TO IMMUNITY FROM ATTACHMENT.—

(1) FOREIGN STATE.—Section 1610(a) of title 28, United

States Code, is amended—
S. 735—30

(A) by striking the period at the end of paragraph

(6) and inserting ‘‘, or’’; and

(B) by adding at the end the following new paragraph:

‘‘(7) the judgment relates to a claim for which the foreign

state is not immune under section 1605(a)(7), regardless of

whether the property is or was involved with the act upon

which the claim is based.’’.

(2) AGENCY OR INSTRUMENTALITY.—Section 1610(b)(2) of

title 28, United States Code, is amended—

(A) by striking ‘‘or (5)’’ and inserting ‘‘(5), or (7)’’; and

(B) by striking ‘‘used for the activity’’ and inserting

‘‘involved in the act’’.

(c) APPLICABILITY.—The amendments made by this subtitle

shall apply to any cause of action arising before, on, or after the

date of the enactment of this Act.

Subtitle C—Assistance to Victims of

Terrorism

SEC. 231. SHORT TITLE.

This subtitle may be cited as the ‘‘Justice for Victims of Terrorism Act of 1996’’.

SEC. 232. VICTIMS OF TERRORISM ACT.

(a) AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION

TO VICTIMS OF TERRORISM.—The Victims of Crime Act of 1984

(42 U.S.C. 10601 et seq.) is amended by inserting after section

1404A the following new section:

‘‘SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF

TERRORISM OR MASS VIOLENCE.

‘‘(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE UNITED

STATES.—The Director may make supplemental grants as provided in section 1404(a) to States to provide compensation and assistance

to the residents of such States who, while outside of the territorial

boundaries of the United States, are victims of a terrorist act

or mass violence and are not persons eligible for compensation

under title VIII of the Omnibus Diplomatic Security and

Antiterrorism Act of 1986.

‘‘(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES.—The

Director may make supplemental grants as provided in section

1404(d)(4)(B) to States for eligible crime victim compensation and

assistance programs to provide emergency relief, including crisis

response efforts, assistance, training, and technical assistance, for

the benefit of victims of terrorist acts or mass violence occurring

within the United States and may provide funding to United States

Attorney’s Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief.’’.

(b) FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS

OF TERRORISM, MASS VIOLENCE, AND CRIME.—Section 1402(d)(4)

of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is

amended to read as follows:

‘‘(4)(A) If the sums available in the Fund are sufficient

to fully provide grants to the States pursuant to section

1403(a)(1), the Director may retain any portion of the Fund

that was deposited during a fiscal year that was in excess
S. 735—31

of 110 percent of the total amount deposited in the Fund

during the preceding fiscal year as an emergency reserve. Such

reserve shall not exceed $50,000,000.

‘‘(B) The emergency reserve referred to in subparagraph

(A) may be used for supplemental grants under section 1404B

and to supplement the funds available to provide grants to

States for compensation and assistance in accordance with sections 1403 and 1404 in years in which supplemental grants

are needed.’’.

(c) CRIME VICTIMS FUND AMENDMENTS.—

(1) UNOBLIGATED FUNDS.—Section 1402 of the Victims of

Crime Act of 1984 (42 U.S.C. 10601) is amended—

(A) in subsection (c), by striking ‘‘subsection’’ and

inserting ‘‘chapter’’; and

(B) by amending subsection (e) to read as follows:

‘‘(e) AMOUNTS AWARDED AND UNSPENT.—Any amount awarded

as part of a grant under this chapter that remains unspent at

the end of a fiscal year in which the grant is made may be expended

for the purpose for which the grant is made at any time during

the 2 succeeding fiscal years, at the end of which period, any

remaining unobligated sums in excess of $500,000 shall be returned

to the Treasury. Any remaining unobligated sums in an amount

less than $500,000 shall be returned to the Fund.’’.

(2) BASE AMOUNT.—Section 1404(a)(5) of the Victims of

Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read

as follows:

‘‘(5) As used in this subsection, the term ‘base amount’

means—

‘‘(A) except as provided in subparagraph (B), $500,000;

and

‘‘(B) for the territories of the Northern Mariana Islands,

Guam, American Samoa, and the Republic of Palau,

$200,000, with the Republic of Palau’s share governed by

the Compact of Free Association between the United States

and the Republic of Palau.’’.

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

(a) REQUIRING COMPENSATION FOR TERRORIST CRIMES.—Section

1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.

10602(d)(3)) is amended—

(1) by inserting ‘‘crimes involving terrorism,’’ before ‘‘driving while intoxicated’’; and (2) by inserting a comma after ‘‘driving while intoxicated’’. (b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of the Victims

of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by

inserting ‘‘are outside of the United States (if the compensable

crime is terrorism, as defined in section 2331 of title 18, United

States Code), or’’ before ‘‘are States not having’’.

(c) DESIGNATION OF CARTNEY MCRAVEN CHILD DEVELOPMENT

CENTER.—

(1) DESIGNATION.—

(A) IN GENERAL.—The Federal building at 1314 LeMay

Boulevard, Ellsworth Air Force Base, South Dakota, shall

be known as the ‘‘Cartney McRaven Child Development

Center’’.

(B) REPLACEMENT BUILDING.—If, after the date of

enactment of this Act, a new Federal building is built
S. 735—32

at the location described in subparagraph (A) to replace

the building described in the paragraph, the new Federal

building shall be known as the ‘‘Cartney McRaven Child

Development Center’’.

(2) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to a

Federal building referred to in paragraph (1) shall be deemed

to be a reference to the ‘‘Cartney McRaven Child Development

Center’’.

(d) EFFECTIVE DATE.—This section and the amendments made

by this section shall take effect 1 year after the date of enactment

of this Act.

SEC. 234. CRIME VICTIMS FUND.

(a) PROHIBITION OF PAYMENTS TO DELINQUENT CRIMINAL

DEBTORS BY STATE CRIME VICTIM COMPENSATION PROGRAMS.—

(1) IN GENERAL.—Section 1403(b) of the Victims of Crime

Act of 1984 (42 U.S.C. 10602(b)) is amended—

(A) by striking ‘‘and’’ at the end of paragraph (7);

(B) by redesignating paragraph (8) as paragraph (9);

and

(C) by inserting after paragraph (7) the following new

paragraph:

‘‘(8) such program does not provide compensation to any

person who has been convicted of an offense under Federal

law with respect to any time period during which the person

is delinquent in paying a fine, other monetary penalty, or

restitution imposed for the offense; and’’.

(2) APPLICATION OF AMENDMENT.—Section 1403(b)(8) of the

Victims of Crime Act of 1984, as added by paragraph (1) of

this section, shall not be applied to deny victims compensation

to any person until the date on which the Attorney General,

in consultation with the Director of the Administrative Office

of the United States Courts, issues a written determination

that a cost-effective, readily available criminal debt payment

tracking system operated by the agency responsible for the

collection of criminal debt has established cost-effective, readily

available communications links with entities that administer

Federal victim compensation programs that are sufficient to

ensure that victim compensation is not denied to any person

except as authorized by law.

(b) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS TESTS.— Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602)

is amended by inserting after subsection (b) the following new

subsection:

‘‘(c) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS

TESTS.—Notwithstanding any other law, for the purpose of any

maximum allowed income eligibility requirement in any Federal,

State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement

of the cost of such assistance) that becomes necessary to an

applicant for such assistance in full or in part because of the

commission of a crime against the applicant, as determined by

the Director, any amount of crime victim compensation that the

applicant receives through a crime victim compensation program

under this section shall not be included in the income of the

applicant until the total amount of assistance that the applicant
S. 735—33

receives from all such programs is sufficient to fully compensate

the applicant for losses suffered as a result of the crime.’’.

SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF CRIME.

(a) IN GENERAL.—Notwithstanding any provision of the Federal

Rules of Criminal Procedure to the contrary, in order to permit

victims of crime to watch criminal trial proceedings in cases where

the venue of the trial is changed—

(1) out of the State in which the case was initially brought;

and

(2) more than 350 miles from the location in which those

proceedings originally would have taken place;

the trial court shall order closed circuit televising of the proceedings

to that location, for viewing by such persons the court determines

have a compelling interest in doing so and are otherwise unable

to do so by reason of the inconvenience and expense caused by

the change of venue.

(b) LIMITED ACCESS.—

(1) GENERALLY.—No other person, other than official court

and security personnel, or other persons specifically designated

by the court, shall be permitted to view the closed circuit

televising of the proceedings.

(2) EXCEPTION.—The court shall not designate a person

under paragraph (1) if the presiding judge at the trial determines that testimony by that person would be materially

affected if that person heard other testimony at the trial.

(c) RESTRICTIONS.— (1) The signal transmitted pursuant to subsection (a) shall

be under the control of the court at all times and shall only

be transmitted subject to the terms and conditions imposed

by the court. (2) No public broadcast or dissemination shall be made

of the signal transmitted pursuant to subsection (a). In the

event any tapes are produced in carrying out subsection (a),

such tapes shall be the property of the court and kept under

seal.

(3) Any violations of this subsection, or any rule or order

made pursuant to this section, shall be punishable as contempt

of court as described in section 402 of title 18, United States

Code.

(d) DONATIONS.—The Administrative Office of the United States

Courts may accept donations to enable the courts to carry out

subsection (a).

(e) CONSTRUCTION.—

(1) Nothing in this section shall be construed—

(i) to create in favor of any person a cause of action

against the United States or any officer or employees

thereof, or

(ii) to provide any person with a defense in any action

in which application of this section is made.

(f) DEFINITION.—As used in this section, the term ‘‘State’’ means

any State, the District of Columbia, or any possession or territory

of the United States.

(g) RULES.—The Judicial Conference of the United States,

pursuant to its rule making authority under section 331 of title

28, United States Code, may promulgate and issue rules, or amend
S. 735—34

existing rules, to effectuate the policy addressed by this section.

Upon the implementation of such rules, this section shall cease

to be effective.

(h) EFFECTIVE DATE.—This section shall only apply to cases

filed after January 1, 1995.

SEC. 236. TECHNICAL CORRECTION.

Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42

U.S.C. 10601(d)(3)(B)) is amended by striking ‘‘1404A’’ and inserting

‘‘1404(a)’’.

TITLE III—INTERNATIONAL TERRORISM

PROHIBITIONS

Subtitle A—Prohibition on International

Terrorist Fundraising

SEC. 301. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) international terrorism is a serious and deadly problem

that threatens the vital interests of the United States;

(2) the Constitution confers upon Congress the power to

punish crimes against the law of nations and to carry out

the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision

of material support to foreign organizations engaged in terrorist

activity; (3) the power of the United States over immigration and

naturalization permits the exclusion from the United States

of persons belonging to international terrorist organizations; (4) international terrorism affects the interstate and foreign

commerce of the United States by harming international trade

and market stability, and limiting international travel by

United States citizens as well as foreign visitors to the United

States;

(5) international cooperation is required for an effective

response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive

jurisdiction over persons involved in a variety of terrorist acts,

including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage; (6) some foreign terrorist organizations, acting through

affiliated groups or individuals, raise significant funds within

the United States, or use the United States as a conduit for

the receipt of funds raised in other nations; and

(7) foreign organizations that engage in terrorist activity

are so tainted by their criminal conduct that any contribution

to such an organization facilitates that conduct.

(b) PURPOSE.—The purpose of this subtitle is to provide the

Federal Government the fullest possible basis, consistent with the

Constitution, to prevent persons within the United States, or subject

to the jurisdiction of the United States, from providing material

support or resources to foreign organizations that engage in terrorist

activities.
S. 735—35

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

(a) IN GENERAL.—Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding

at the end the following:

‘‘SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

‘‘(a) DESIGNATION.—

‘‘(1) IN GENERAL.—The Secretary is authorized to designate

an organization as a foreign terrorist organization in accordance

with this subsection if the Secretary finds that—

‘‘(A) the organization is a foreign organization;

‘‘(B) the organization engages in terrorist activity (as

defined in section 212(a)(3)(B)); and

‘‘(C) the terrorist activity of the organization threatens

the security of United States nationals or the national

security of the United States.

‘‘(2) PROCEDURE.—

‘‘(A) NOTICE.—Seven days before making a designation

under this subsection, the Secretary shall, by classified

communication—

‘‘(i) notify the Speaker and Minority Leader of

the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in

writing, of the intent to designate a foreign organization under this subsection, together with the findings

made under paragraph (1) with respect to that

organization, and the factual basis therefor; and ‘‘(ii) seven days after such notification, publish the

designation in the Federal Register.

‘‘(B) EFFECT OF DESIGNATION.— ‘‘(i) For purposes of section 2339B of title 18,

United States Code, a designation under this subsection shall take effect upon publication under

subparagraph (A). ‘‘(ii) Any designation under this subsection shall

cease to have effect upon an Act of Congress disapproving such designation.

‘‘(C) FREEZING OF ASSETS.—Upon notification under

paragraph (2), the Secretary of the Treasury may require

United States financial institutions possessing or controlling any assets of any foreign organization included in

the notification to block all financial transactions involving

those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court.

‘‘(3) RECORD.—

‘‘(A) IN GENERAL.—In making a designation under this

subsection, the Secretary shall create an administrative

record.

‘‘(B) CLASSIFIED INFORMATION.—The Secretary may

consider classified information in making a designation

under this subsection. Classified information shall not be

subject to disclosure for such time as it remains classified,

except that such information may be disclosed to a court

ex parte and in camera for purposes of judicial review

under subsection (c).

‘‘(4) PERIOD OF DESIGNATION.—
S. 735—36

‘‘(A) IN GENERAL.—Subject to paragraphs (5) and (6),

a designation under this subsection shall be effective for

all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B).

‘‘(B) REDESIGNATION.—The Secretary may redesignate

a foreign organization as a foreign terrorist organization

for an additional 2-year period at the end of the 2-year

period referred to in subparagraph (A) (but not sooner

than 60 days prior to the termination of such period) upon

a finding that the relevant circumstances described in paragraph (1) still exist. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under

this subparagraph.

‘‘(5) REVOCATION BY ACT OF CONGRESS.—The Congress, by

an Act of Congress, may block or revoke a designation made

under paragraph (1).

‘‘(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES.—

‘‘(A) IN GENERAL.—The Secretary may revoke a designation made under paragraph (1) if the Secretary finds

that—

‘‘(i) the circumstances that were the basis for the

designation have changed in such a manner as to

warrant revocation of the designation; or

‘‘(ii) the national security of the United States

warrants a revocation of the designation.

‘‘(B) PROCEDURE.—The procedural requirements of

paragraphs (2) through (4) shall apply to a revocation under

this paragraph.

‘‘(7) EFFECT OF REVOCATION.—The revocation of a designation under paragraph (5) or (6) shall not affect any action

or proceeding based on conduct committed prior to the effective

date of such revocation.

‘‘(8) USE OF DESIGNATION IN TRIAL OR HEARING.—If a designation under this subsection has become effective under paragraph (1)(B), a defendant in a criminal action shall not be

permitted to raise any question concerning the validity of the

issuance of such designation as a defense or an objection at

any trial or hearing.

‘‘(b) JUDICIAL REVIEW OF DESIGNATION.—

‘‘(1) IN GENERAL.—Not later than 30 days after publication

of the designation in the Federal Register, an organization

designated as a foreign terrorist organization may seek judicial

review of the designation in the United States Court of Appeals

for the District of Columbia Circuit.

‘‘(2) BASIS OF REVIEW.—Review under this subsection shall

be based solely upon the administrative record, except that

the Government may submit, for ex parte and in camera review,

classified information used in making the designation.

‘‘(3) SCOPE OF REVIEW.—The Court shall hold unlawful

and set aside a designation the court finds to be—

‘‘(A) arbitrary, capricious, an abuse of discretion, or

otherwise not in accordance with law;

‘‘(B) contrary to constitutional right, power, privilege,

or immunity; or

‘‘(C) in excess of statutory jurisdiction, authority, or

limitation, or short of statutory right.
S. 735—37

‘‘(4) JUDICIAL REVIEW INVOKED.—The pendency of an action

for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting

aside the designation.

‘‘(c) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘classified information’ has the meaning given

that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);

‘‘(2) the term ‘national security’ means the national defense,

foreign relations, or economic interests of the United States;

‘‘(3) the term ‘relevant committees’ means the Committees

on the Judiciary, Intelligence, and Foreign Relations of the

Senate and the Committees on the Judiciary, Intelligence, and

International Relations of the House of Representatives; and

‘‘(4) the term ‘Secretary’ means the Secretary of State,

in consultation with the Secretary of the Treasury and the

Attorney General.’’.

(b) CLERICAL AMENDMENT.—The table of contents for the

Immigration and Nationality Act, relating to terrorism, is amended

by inserting after the item relating to section 218 the following

new item:

‘‘Sec. 219. Designation of foreign terrorist organizations.’’.

SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

(a) IN GENERAL.—Chapter 113B of title 18, United States Code,

is amended by adding at the end the following new section:

‘‘§ 2339B. Providing material support or resources to designated foreign terrorist organizations

‘‘(a) PROHIBITED ACTIVITIES.— ‘‘(1) UNLAWFUL CONDUCT.—Whoever, within the United

States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be

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

or both.

‘‘(2) FINANCIAL INSTITUTIONS.—Except as authorized by the

Secretary, any financial institution that becomes aware that

it has possession of, or control over, any funds in which a

foreign terrorist organization, or its agent, has an interest,

shall—

‘‘(A) retain possession of, or maintain control over,

such funds; and

‘‘(B) report to the Secretary the existence of such funds

in accordance with regulations issued by the Secretary.

‘‘(b) CIVIL PENALTY.—Any financial institution that knowingly

fails to comply with subsection (a)(2) shall be subject to a civil

penalty in an amount that is the greater of—

‘‘(A) $50,000 per violation; or

‘‘(B) twice the amount of which the financial institution

was required under subsection (a)(2) to retain possession

or control.

‘‘(c) INJUNCTION.—Whenever it appears to the Secretary or the

Attorney General that any person is engaged in, or is about to

engage in, any act that constitutes, or would constitute, a violation

of this section, the Attorney General may initiate civil action in

a district court of the United States to enjoin such violation.
S. 735—38

‘‘(d) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial

Federal jurisdiction over an offense under this section.

‘‘(e) INVESTIGATIONS.—

‘‘(1) IN GENERAL.—The Attorney General shall conduct any

investigation of a possible violation of this section, or of any

license, order, or regulation issued pursuant to this section.

‘‘(2) COORDINATION WITH THE DEPARTMENT OF THE TREASURY.—The Attorney General shall work in coordination with

the Secretary in investigations relating to—

‘‘(A) the compliance or noncompliance by a financial

institution with the requirements of subsection (a)(2); and

‘‘(B) civil penalty proceedings authorized under subsection (b).

‘‘(3) REFERRAL.—Any evidence of a criminal violation of

this section arising in the course of an investigation by the

Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The

Attorney General shall timely notify the Secretary of any action

taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty

action.

‘‘(f) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS BROUGHT

BY THE UNITED STATES.—

‘‘(1) DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS.—

‘‘(A) REQUEST BY UNITED STATES.—In any civil proceeding under this section, upon request made ex parte and

in writing by the United States, a court, upon a sufficient

showing, may authorize the United States to— ‘‘(i) redact specified items of classified information

from documents to be introduced into evidence or made

available to the defendant through discovery under

the Federal Rules of Civil Procedure;

‘‘(ii) substitute a summary of the information for

such classified documents; or

‘‘(iii) substitute a statement admitting relevant

facts that the classified information would tend to

prove.

‘‘(B) ORDER GRANTING REQUEST.—If the court enters

an order granting a request under this paragraph, the

entire text of the documents to which the request relates

shall be sealed and preserved in the records of the court

to be made available to the appellate court in the event

of an appeal.

‘‘(C) DENIAL OF REQUEST.—If the court enters an order

denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes

of such an appeal, the entire text of the documents to

which the request relates, together with any transcripts

of arguments made ex parte to the court in connection

therewith, shall be maintained under seal and delivered

to the appellate court.

‘‘(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRECAUTIONS BY COURT.—

‘‘(A) EXHIBITS.—To prevent unnecessary or inadvertent

disclosure of classified information in a civil proceeding
S. 735—39

brought by the United States under this section, the United

States may petition the court ex parte to admit, in lieu

of classified writings, recordings, or photographs, one or

more of the following:

‘‘(i) Copies of items from which classified information has been redacted.

‘‘(ii) Stipulations admitting relevant facts that specific classified information would tend to prove.

‘‘(iii) A declassified summary of the specific classified information.

‘‘(B) DETERMINATION BY COURT.—The court shall grant

a request under this paragraph if the court finds that

the redacted item, stipulation, or summary is sufficient

to allow the defendant to prepare a defense.

‘‘(3) TAKING OF TRIAL TESTIMONY.—

‘‘(A) OBJECTION.—During the examination of a witness

in any civil proceeding brought by the United States under

this subsection, the United States may object to any question or line of inquiry that may require the witness to

disclose classified information not previously found to be

admissible.

‘‘(B) ACTION BY COURT.—In determining whether a

response is admissible, the court shall take precautions

to guard against the compromise of any classified information, including—

‘‘(i) permitting the United States to provide the

court, ex parte, with a proffer of the witness’s response

to the question or line of inquiry; and ‘‘(ii) requiring the defendant to provide the court

with a proffer of the nature of the information that

the defendant seeks to elicit.

‘‘(C) OBLIGATION OF DEFENDANT.—In any civil proceeding under this section, it shall be the defendant’s obligation

to establish the relevance and materiality of any classified

information sought to be introduced.

‘‘(4) APPEAL.—If the court enters an order denying a request

of the United States under this subsection, the United States

may take an immediate interlocutory appeal in accordance

with paragraph (5). ‘‘(5) INTERLOCUTORY APPEAL.— ‘‘(A) SUBJECT OF APPEAL.—An interlocutory appeal by

the United States shall lie to a court of appeals from

a decision or order of a district court—

‘‘(i) authorizing the disclosure of classified information;

‘‘(ii) imposing sanctions for nondisclosure of classified information; or

‘‘(iii) refusing a protective order sought by the

United States to prevent the disclosure of classified

information.

‘‘(B) EXPEDITED CONSIDERATION.—

‘‘(i) IN GENERAL.—An appeal taken pursuant to

this paragraph, either before or during trial, shall be

expedited by the court of appeals.

‘‘(ii) APPEALS PRIOR TO TRIAL.—If an appeal is of

an order made prior to trial, an appeal shall be taken

not later than 10 days after the decision or order
S. 735—40

appealed from, and the trial shall not commence until

the appeal is resolved.

‘‘(iii) APPEALS DURING TRIAL.—If an appeal is taken

during trial, the trial court shall adjourn the trial

until the appeal is resolved, and the court of appeals—

‘‘(I) shall hear argument on such appeal not

later than 4 days after the adjournment of the

trial;

‘‘(II) may dispense with written briefs other

than the supporting materials previously submitted to the trial court;

‘‘(III) shall render its decision not later than

4 days after argument on appeal; and

‘‘(IV) may dispense with the issuance of a written opinion in rendering its decision.

‘‘(C) EFFECT OF RULING.—An interlocutory appeal and

decision shall not affect the right of the defendant, in

a subsequent appeal from a final judgment, to claim as

error reversal by the trial court on remand of a ruling

appealed from during trial.

‘‘(6) CONSTRUCTION.—Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including

the invocation of the military and State secrets privilege.

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

‘‘(1) the term ‘classified information’ has the meaning given

that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);

‘‘(2) the term ‘financial institution’ has the same meaning

as in section 5312(a)(2) of title 31, United States Code;

‘‘(3) the term ‘funds’ includes coin or currency of the United

States or any other country, traveler’s checks, personal checks,

bank checks, money orders, stocks, bonds, debentures, drafts,

letters of credit, any other negotiable instrument, and any

electronic representation of any of the foregoing;

‘‘(4) the term ‘material support or resources’ has the same

meaning as in section 2339A;

‘‘(5) the term ‘Secretary’ means the Secretary of the Treasury; and

‘‘(6) the term ‘terrorist organization’ means an organization

designated as a terrorist organization under section 219 of

the Immigration and Nationality Act.’’.

(b) CLERICAL AMENDMENT TO TABLE OF SECTIONS.—The table

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

States Code, is amended by adding at the end the following new

item:

‘‘2339B. Providing material support or resources to designated foreign terrorist organizations.’’.

(c) TECHNICAL AMENDMENT.—

(1) NEW ITEM.—Chapter 113B of title 18, United States

Code, relating to torture, is redesignated as chapter 113C.

(2) TABLE OF CHAPTERS.—The table of chapters for part

I of title 18, United States Code, is amended by striking ‘‘113B.

Torture’’ and inserting ‘‘113C. Torture’’.
S. 735—41

Subtitle B—Prohibition on Assistance to

Terrorist States

SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

(a) IN GENERAL.—Chapter 113B of title 18, United States Code,

relating to terrorism, is amended by inserting after the section

2332c added by section 521 of this Act the following new section:

‘‘§ 2332d. Financial transactions

‘‘(a) OFFENSE.—Except as provided in regulations issued by

the Secretary of the Treasury, in consultation with the Secretary

of State, whoever, being a United States person, knowing or having

reasonable cause to know that a country is designated under section

6(j) of the Export Administration Act (50 U.S.C. App. 2405) as

a country supporting international terrorism, engages in a financial

transaction with the government of that country, shall be fined

under this title, imprisoned for not more than 10 years, or both.

‘‘(b) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘financial transaction’ has the same meaning

as in section 1956(c)(4); and

‘‘(2) the term ‘United States person’ means any—

‘‘(A) United States citizen or national;

‘‘(B) permanent resident alien;

‘‘(C) juridical person organized under the laws of the

United States; or

‘‘(D) any person in the United States.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 113B of title 18, United States Code, relating

to terrorism, is amended by inserting after the item added by

section 521 of this Act the following new item:

‘‘2332d. Financial transactions.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

shall become effective 120 days after the date of enactment of

this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

Section 44906 of title 49, United States Code, is amended

to read as follows:

‘‘§ 44906. Foreign air carrier security programs

‘‘The Administrator of the Federal Aviation Administration

shall continue in effect the requirement of section 129.25 of title

14, Code of Federal Regulations, that a foreign air carrier must

adopt and use a security program approved by the Administrator.

The Administrator shall not approve a security program of a foreign

air carrier under section 129.25, or any successor regulation, unless

the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to

the identical security measures that the Administrator requires

air carriers serving the same airports to adhere to. The foregoing

requirement shall not be interpreted to limit the ability of the

Administrator to impose additional security measures on a foreign

air carrier or an air carrier when the Administrator determines

that a specific threat warrants such additional measures. The

Administrator shall prescribe regulations to carry out this section.’’.
S. 735—42

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

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

to read as follows:

‘‘§ 2339A. Providing material support to terrorists

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

material support or resources or conceals or disguises the nature,

location, source, or ownership of material support or resources,

knowing or intending that they are to be used in preparation

for, or in carrying out, a violation of section 32, 37, 81, 175, 351,

831, 842 (m) or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361,

1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b,

or 2340A of this title or section 46502 of title 49, or in preparation

for, or in carrying out, the concealment from the commission of

any such violation, shall be fined under this title, imprisoned not

more than 10 years, or both.

‘‘(b) DEFINITION.—In this section, the term ‘material support

or resources’ means currency or other financial securities, financial

services, lodging, training, safehouses, false documentation or

identification, communications equipment, facilities, weapons, lethal

substances, explosives, personnel, transportation, and other physical

assets, except medicine or religious materials.’’.

SEC. 324. FINDINGS.

The Congress finds that—

(1) international terrorism is among the most serious

transnational threats faced by the United States and its allies,

far eclipsing the dangers posed by population growth or pollution;

(2) the President should continue to make efforts to counter

international terrorism a national security priority;

(3) because the United Nations has been an inadequate

forum for the discussion of cooperative, multilateral responses

to the threat of international terrorism, the President should

undertake immediate efforts to develop effective multilateral

responses to international terrorism as a complement to

national counter terrorist efforts;

(4) the President should use all necessary means, including

covert action and military force, to disrupt, dismantle, and

destroy international infrastructure used by international

terrorists, including overseas terrorist training facilities and

safe havens;

(5) the Congress deplores decisions to ease, evade, or end

international sanctions on state sponsors of terrorism, including

the recent decision by the United Nations Sanctions Committee

to allow airline flights to and from Libya despite Libya’s noncompliance with United Nations resolutions; and

(6) the President should continue to undertake efforts to

increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international

sanctions, and should oppose any future initiatives to ease

sanctions on Libya or other state sponsors of terrorism.
S. 735—43

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID

TERRORIST STATES.

The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)

is amended by adding immediately after section 620F the following

new section:

‘‘SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID

TERRORIST STATES.

‘‘(a) WITHHOLDING OF ASSISTANCE.—The President shall withhold assistance under this Act to the government of any country

that provides assistance to the government of any other country

for which the Secretary of State has made a determination under

section 620A.

‘‘(b) WAIVER.—Assistance prohibited by this section may be

furnished to a foreign government described in subsection (a) if

the President determines that furnishing such assistance is important to the national interests of the United States and, not later

than 15 days before obligating such assistance, furnishes a report

to the appropriate committees of Congress including—

‘‘(1) a statement of the determination;

‘‘(2) a detailed explanation of the assistance to be provided;

‘‘(3) the estimated dollar amount of the assistance; and

‘‘(4) an explanation of how the assistance furthers United

States national interests.’’.

SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE

MILITARY EQUIPMENT TO TERRORIST STATES.

The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.)

is amended by adding immediately after section 620G the following

new section:

‘‘SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.

‘‘(a) PROHIBITION.— ‘‘(1) IN GENERAL.—The President shall withhold assistance

under this Act to the government of any country that provides

lethal military equipment to a country the government of which

the Secretary of State has determined is a terrorist government

for the purposes of section 6(j) of the Export Administration

Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign

Assistance Act of 1961 (22 U.S.C. 2371).

‘‘(2) APPLICABILITY.—The prohibition under this section

with respect to a foreign government shall terminate 1 year

after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date

of enactment of this Act.

‘‘(b) WAIVER.—Notwithstanding any other provision of law,

assistance may be furnished to a foreign government described

in subsection (a) if the President determines that furnishing such

assistance is important to the national interests of the United

States and, not later than 15 days before obligating such assistance,

furnishes a report to the appropriate committees of Congress including—

‘‘(1) a statement of the determination;

‘‘(2) a detailed explanation of the assistance to be provided;

‘‘(3) the estimated dollar amount of the assistance; and
S. 735—44

‘‘(4) an explanation of how the assistance furthers United

States national interests.’’.

SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL

INSTITUTIONS TO TERRORIST STATES.

The International Financial Institutions Act (22 U.S.C. 262c

et seq.) is amended by inserting after section 1620 the following

new section:

‘‘SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES.

‘‘(a) IN GENERAL.—The Secretary of the Treasury shall instruct the United States executive director of each international financial

institution to use the voice and vote of the United States to oppose

any loan or other use of the funds of the respective institution

to or for a country for which the Secretary of State has made

a determination under section 6(j) of the Export Administration

Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign

Assistance Act of 1961 (22 U.S.C. 2371).

‘‘(b) DEFINITION.—For purposes of this section, the term ‘international financial institution’ includes—

‘‘(1) the International Bank for Reconstruction and Development, the International Development Association, and the

International Monetary Fund;

‘‘(2) wherever applicable, the Inter-American Bank, the

Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and

the African Development Fund; and

‘‘(3) any similar institution established after the date of

enactment of this section.’’.

SEC. 328. ANTITERRORISM ASSISTANCE.

(a) FOREIGN ASSISTANCE ACT.—Section 573 of the Foreign

Assistance Act of 1961 (22 U.S.C. 2349aa–2) is amended—

(1) in subsection (c), by striking ‘‘development and

implementation of the antiterrorism assistance program under

this chapter, including’’;

(2) by amending subsection (d) to read as follows:

‘‘(d)(1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance.

‘‘(2) The value (in terms of original acquisition cost) of all

equipment and commodities provided under this chapter in any

fiscal year shall not exceed 30 percent of the funds made available

to carry out this chapter for that fiscal year.’’; and

(3) by striking subsection (f). (b) ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLO- SIVES DETECTION DEVICES AND OTHER COUNTERTERRORISM TECH- NOLOGY.—(1) Subject to section 575(b), up to $3,000,000 in any

fiscal year may be made available— (A) to procure explosives detection devices and other

counterterrorism technology; and (B) for joint counterterrorism research and development

projects on such technology conducted with NATO and major

non-NATO allies under the auspices of the Technical Support

Working Group of the Department of State.

(2) As used in this subsection, the term ‘‘major non-NATO

allies’’ means those countries designated as major non-NATO allies

for purposes of section 2350a(i)(3) of title 10, United States Code.
S. 735—45

(c) ASSISTANCE TO FOREIGN COUNTRIES.—Notwithstanding any

other provision of law (except section 620A of the Foreign Assistance

Act of 1961) up to $1,000,000 in assistance may be provided to

a foreign country for counterterrorism efforts in any fiscal year

if—

(1) such assistance is provided for the purpose of protecting

the property of the United States Government or the life and

property of any United States citizen, or furthering the

apprehension of any individual involved in any act of terrorism

against such property or persons; and

(2) the appropriate committees of Congress are notified

not later than 15 days prior to the provision of such assistance.

SEC. 329. DEFINITION OF ASSISTANCE.

For purposes of this title—

(1) the term ‘‘assistance’’ means assistance to or for the

benefit of a government of any country that is provided by

grant, concessional sale, guaranty, insurance, or by any other

means on terms more favorable than generally available in

the applicable market, whether in the form of a loan, lease,

credit, debt relief, or otherwise, including subsidies for exports

to such country and favorable tariff treatment of articles that

are the growth, product, or manufacture of such country; and

(2) the term ‘‘assistance’’ does not include assistance of

the type authorized under chapter 9 of part 1 of the Foreign

Assistance Act of 1961 (relating to international disaster assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR COUNTRIES NOT COOPERATING FULLY

WITH UNITED STATES ANTITERRORISM EFFORTS.

Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771

et seq.) is amended by adding at the end the following:

‘‘SEC. 40A. TRANSACTIONS WITH COUNTRIES NOT FULLY

COOPERATING WITH UNITED STATES ANTITERRORISM EFFORTS.—

‘‘(a) PROHIBITED TRANSACTIONS.—No defense article or defense

service may be sold or licensed for export under this Act in a

fiscal year to a foreign country that the President determines and

certifies to Congress, by May 15 of the calendar year in which

that fiscal year begins, is not cooperating fully with United States

antiterrorism efforts.

‘‘(b) WAIVER.—The President may waive the prohibition set

forth in subsection (a) with respect to a specific transaction if

the President determines that the transaction is important to the

national interests of the United States.’’.

TITLE IV—TERRORIST AND CRIMINAL

ALIEN REMOVAL AND EXCLUSION

Subtitle A—Removal of Alien Terrorists

SEC. 401. ALIEN TERRORIST REMOVAL.

(a) IN GENERAL.—The Immigration and Nationality Act is

amended by adding at the end the following new title:
S. 735—46

‘‘TITLE V—ALIEN TERRORIST REMOVAL

PROCEDURES

‘‘SEC. 501. DEFINITIONS.

‘‘As used in this title—

‘‘(1) the term ‘alien terrorist’ means any alien described

in section 241(a)(4)(B);

‘‘(2) the term ‘classified information’ has the same meaning

as in section 1(a) of the Classified Information Procedures

Act (18 U.S.C. App.);

‘‘(3) the term ‘national security’ has the same meaning

as in section 1(b) of the Classified Information Procedures

Act (18 U.S.C. App.);

‘‘(4) the term ‘removal court’ means the court described

in section 502;

‘‘(5) the term ‘removal hearing’ means the hearing described

in section 504; and

‘‘(6) the term ‘removal proceeding’ means a proceeding

under this title.

‘‘SEC. 502. ESTABLISHMENT OF REMOVAL COURT.

‘‘(a) DESIGNATION OF JUDGES.—The Chief Justice of the United

States shall publicly designate 5 district court judges from 5 of

the United States judicial circuits who shall constitute a court

that shall have jurisdiction to conduct all removal proceedings.

The Chief Justice may, in the Chief Justice’s discretion, designate

the same judges under this section as are designated pursuant

to section 103(a) of the Foreign Intelligence Surveillance Act of

1978 (50 U.S.C. 1803(a)).

‘‘(b) TERMS.—Each judge designated under subsection (a) shall

serve for a term of 5 years and shall be eligible for redesignation,

except that of the members first designated—

‘‘(1) 1 member shall serve for a term of 1 year;

‘‘(2) 1 member shall serve for a term of 2 years;

‘‘(3) 1 member shall serve for a term of 3 years; and

‘‘(4) 1 member shall serve for a term of 4 years.

‘‘(c) CHIEF JUDGE.—

‘‘(1) DESIGNATION.—The Chief Justice shall publicly designate one of the judges of the removal court to be the chief

judge of the removal court.

‘‘(2) RESPONSIBILITIES.—The chief judge shall—

‘‘(A) promulgate rules to facilitate the functioning of

the removal court; and

‘‘(B) assign the consideration of cases to the various

judges on the removal court.

‘‘(d) EXPEDITIOUS AND CONFIDENTIAL NATURE OF PROCEEDINGS.—The provisions of section 103(c) of the Foreign Intelligence

Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal

proceedings in the same manner as they apply to proceedings

under that Act.

‘‘SEC. 503. REMOVAL COURT PROCEDURE.

‘‘(a) APPLICATION.—

‘‘(1) IN GENERAL.—In any case in which the Attorney General has classified information that an alien is an alien terrorist,

the Attorney General may seek removal of the alien under
S. 735—47

this title by filing an application with the removal court that

contains—

‘‘(A) the identity of the attorney in the Department

of Justice making the application;

‘‘(B) a certification by the Attorney General or the

Deputy Attorney General that the application satisfies the

criteria and requirements of this section;

‘‘(C) the identity of the alien for whom authorization

for the removal proceeding is sought; and

‘‘(D) a statement of the facts and circumstances relied

on by the Department of Justice to establish probable cause

that—

‘‘(i) the alien is an alien terrorist;

‘‘(ii) the alien is physically present in the United

States; and

‘‘(iii) with respect to such alien, removal under

title II would pose a risk to the national security of

the United States.

‘‘(2) FILING.—An application under this section shall be

submitted ex parte and in camera, and shall be filed under

seal with the removal court.

‘‘(b) RIGHT TO DISMISS.—The Attorney General may dismiss

a removal action under this title at any stage of the proceeding.

‘‘(c) CONSIDERATION OF APPLICATION.—

‘‘(1) BASIS FOR DECISION.—In determining whether to grant

an application under this section, a single judge of the removal

court may consider, ex parte and in camera, in addition to

the information contained in the application—

‘‘(A) other information, including classified information,

presented under oath or affirmation; and

‘‘(B) testimony received in any hearing on the application, of which a verbatim record shall be kept.

‘‘(2) APPROVAL OF ORDER.—The judge shall issue an order

granting the application, if the judge finds that there is probable

cause to believe that—

‘‘(A) the alien who is the subject of the application

has been correctly identified and is an alien terrorist

present in the United States; and

‘‘(B) removal under title II would pose a risk to the

national security of the United States.

‘‘(3) DENIAL OF ORDER.—If the judge denies the order

requested in the application, the judge shall prepare a written

statement of the reasons for the denial, taking all necessary

precautions not to disclose any classified information contained

in the Government’s application.

‘‘(d) EXCLUSIVE PROVISIONS.—If an order is issued under this

section granting an application, the rights of the alien regarding

removal and expulsion shall be governed solely by this title, and

except as they are specifically referenced in this title, no other

provisions of this Act shall be applicable.

‘‘SEC. 504. REMOVAL HEARING.

‘‘(a) IN GENERAL.—

‘‘(1) EXPEDITIOUS HEARING.—In any case in which an

application for an order is approved under section 503(c)(2),

a removal hearing shall be conducted under this section as

expeditiously as practicable for the purpose of determining
S. 735—48

whether the alien to whom the order pertains should be

removed from the United States on the grounds that the alien

is an alien terrorist.

‘‘(2) PUBLIC HEARING.—The removal hearing shall be open

to the public.

‘‘(b) NOTICE.—An alien who is the subject of a removal hearing

under this title shall be given reasonable notice of—

‘‘(1) the nature of the charges against the alien, including

a general account of the basis for the charges; and

‘‘(2) the time and place at which the hearing will be held.

‘‘(c) RIGHTS IN HEARING.—

‘‘(1) RIGHT OF COUNSEL.—The alien shall have a right to

be present at such hearing and to be represented by counsel.

Any alien financially unable to obtain counsel shall be entitled

to have counsel assigned to represent the alien. Such counsel

shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain

adequate representation for the district in which the hearing

is conducted, as provided for in section 3006A of title 18,

United States Code. All provisions of that section shall apply

and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was

charged.

‘‘(2) INTRODUCTION OF EVIDENCE.—Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to introduce evidence on the alien’s own behalf.

‘‘(3) EXAMINATION OF WITNESSES.—Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to examine the evidence against the alien and to crossexamine any witness. ‘‘(4) RECORD.—A verbatim record of the proceedings and

of all testimony and evidence offered or produced at such a

hearing shall be kept. ‘‘(5) REMOVAL DECISION BASED ON EVIDENCE AT HEARING.— The decision of the judge regarding removal shall be based

only on that evidence introduced at the removal hearing.

‘‘(d) SUBPOENAS.— ‘‘(1) REQUEST.—At any time prior to the conclusion of the

removal hearing, either the alien or the Department of Justice

may request the judge to issue a subpoena for the presence

of a named witness (which subpoena may also command the

person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory

showing that the presence of the witness is necessary for the

determination of any material matter. Such a request may

be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien

for a witness or material if compliance with such a subpoena

would reveal classified evidence or the source of that evidence.

The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena.

‘‘(2) PAYMENT FOR ATTENDANCE.—If an application for a

subpoena by the alien also makes a showing that the alien

is financially unable to pay for the attendance of a witness

so requested, the court may order the costs incurred by the

process and the fees of the witness so subpoenaed to be paid

from funds appropriated for the enforcement of title II.
S. 735—49

‘‘(3) NATIONWIDE SERVICE.—A subpoena under this subsection may be served anywhere in the United States.

‘‘(4) WITNESS FEES.—A witness subpoenaed under this subsection shall receive the same fees and expenses as a witness

subpoenaed in connection with a civil proceeding in a court

of the United States.

‘‘(5) NO ACCESS TO CLASSIFIED INFORMATION.—Nothing in

this subsection is intended to allow an alien to have access

to classified information.

‘‘(e) DISCOVERY.—

‘‘(1) IN GENERAL.—For purposes of this title—

‘‘(A) discovery of information derived pursuant to the

Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.

1801 et seq.), or otherwise collected for national security

purposes, shall not be authorized if disclosure would

present a risk to the national security of the United States;

‘‘(B) an alien subject to removal under this title shall

not be entitled to suppress evidence that the alien alleges

was unlawfully obtained; and

‘‘(C) section 3504 of title 18, United States Code, and

section 1806(c) of title 50, United States Code, shall not

apply if the Attorney General determines that public disclosure would pose a risk to the national security of the

United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation.

‘‘(2) PROTECTIVE ORDERS.—Nothing in this title shall prevent the United States from seeking protective orders and

from asserting privileges ordinarily available to the United

States to protect against the disclosure of classified information,

including the invocation of the military and State secrets privileges.‘‘(3) TREATMENT OF CLASSIFIED INFORMATION.— ‘‘(A) USE.—The judge shall examine, ex parte and in

camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the

national security of the United States or to the security

of any individual because it would disclose classified

information.

‘‘(B) SUBMISSION.—With respect to such information,

the Government shall submit to the removal court an

unclassified summary of the specific evidence that does

not pose that risk.

‘‘(C) APPROVAL.—Not later than 15 days after submission, the judge shall approve the summary if the judge

finds that it is sufficient to enable the alien to prepare

a defense. The Government shall deliver to the alien a

copy of the unclassified summary approved under this

subparagraph.

‘‘(D) DISAPPROVAL.—

‘‘(i) IN GENERAL.—If an unclassified summary is

not approved by the removal court under subparagraph

(C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit

a revised unclassified summary.

‘‘(ii) REVISED SUMMARY.—If the revised unclassified

summary is not approved by the court within 15 days
S. 735—50

of its submission pursuant to subparagraph (C), the

removal hearing shall be terminated.

‘‘(f) ARGUMENTS.—Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present

argument as to whether the evidence is sufficient to justify the

removal of the alien. The Government shall open the argument.

The alien shall be permitted to reply. The Government shall then

be permitted to reply in rebuttal.

‘‘(g) BURDEN OF PROOF.—In the hearing, it is the Government’s

burden to prove, by the preponderance of the evidence, that the

alien is subject to removal because the alien is an alien terrorist.

‘‘(h) RULES OF EVIDENCE.—The Federal Rules of Evidence shall

not apply in a removal hearing.

‘‘(i) DETERMINATION OF DEPORTATION.—If the judge, after

considering the evidence on the record as a whole, finds that the

Government has met its burden, the judge shall order the alien

removed and detained pending removal from the United States.

If the alien was released pending the removal hearing, the judge

shall order the Attorney General to take the alien into custody.

‘‘(j) WRITTEN ORDER.—At the time of issuing a decision as

to whether the alien shall be removed, the judge shall prepare

a written order containing a statement of facts found and conclusions of law.

‘‘(k) NO RIGHT TO ANCILLARY RELIEF.—At no time shall the

judge consider or provide for relief from removal based on—

‘‘(1) asylum under section 208;

‘‘(2) withholding of deportation under section 243(h);

‘‘(3) suspension of deportation under subsection (a) or (e)

of section 244;

‘‘(4) adjustment of status under section 245; or

‘‘(5) registry under section 249.

‘‘SEC. 505. APPEALS.

‘‘(a) APPEAL OF DENIAL OF APPLICATION FOR REMOVAL PROCEED- INGS.— ‘‘(1) IN GENERAL.—The Attorney General may seek a review

of the denial of an order sought in an application filed pursuant

to section 503. The appeal shall be filed in the United States

Court of Appeals for the District of Columbia Circuit by notice

of appeal filed not later than 20 days after the date of such

denial.

‘‘(2) RECORD ON APPEAL.—The entire record of the proceeding shall be transmitted to the Court of Appeals under seal,

and the Court of Appeals shall hear the matter ex parte.

‘‘(3) STANDARD OF REVIEW.—The Court of Appeals shall—

‘‘(A) review questions of law de novo; and

‘‘(B) set aside a finding of fact only if such finding

was clearly erroneous.

‘‘(b) APPEAL OF DETERMINATION REGARDING SUMMARY OF

CLASSIFIED INFORMATION.—

‘‘(1) IN GENERAL.—The United States may take an interlocutory appeal to the United States Court of Appeals for the

District of Columbia Circuit of—

‘‘(A) any determination by the judge pursuant to section

504(e)(3); or

‘‘(B) the refusal of the court to make the findings

permitted by section 504(e)(3).
S. 735—51

‘‘(2) RECORD.—In any interlocutory appeal taken pursuant

to this subsection, the entire record, including any proposed

order of the judge, any classified information and the summary

of evidence, shall be transmitted to the Court of Appeals. The

classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the

event of any other judicial review.

‘‘(c) APPEAL OF DECISION IN HEARING.—

‘‘(1) IN GENERAL.—The decision of the judge after a removal

hearing may be appealed by either the alien or the Attorney

General to the United States Court of Appeals for the District

of Columbia Circuit by notice of appeal filed not later than

20 days after the date on which the order is issued. The

order shall not be enforced during the pendency of an appeal

under this subsection.

‘‘(2) TRANSMITTAL OF RECORD.—In an appeal or review to

the Court of Appeals pursuant to this subsection—

‘‘(A) the entire record shall be transmitted to the Court

of Appeals; and

‘‘(B) information received in camera and ex parte, and

any portion of the order that would reveal the substance

or source of such information, shall be transmitted under

seal.

‘‘(3) EXPEDITED APPELLATE PROCEEDING.—In an appeal or

review to the Court of Appeals under this subsection—

‘‘(A) the appeal or review shall be heard as expeditiously as practicable and the court may dispense with

full briefing and hear the matter solely on the record of

the judge of the removal court and on such briefs or motions

as the court may require to be filed by the parties; ‘‘(B) the Court of Appeals shall issue an opinion not

later than 60 days after the date of the issuance of the

final order of the district court;

‘‘(C) the court shall review all questions of law de

novo; and

‘‘(D) a finding of fact shall be accorded deference by

the reviewing court and shall not be set aside unless such

finding was clearly erroneous. ‘‘(d) CERTIORARI.—Following a decision by the Court of Appeals pursuant to subsection (c), the alien or the Attorney General may

petition the Supreme Court for a writ of certiorari. In any such

case, any information transmitted to the Court of Appeals under

seal shall, if such information is also submitted to the Supreme

Court, be transmitted under seal. Any order of removal shall not

be stayed pending disposition of a writ of certiorari, except as

provided by the Court of Appeals or a Justice of the Supreme

Court.

‘‘(e) APPEAL OF DETENTION ORDER.—

‘‘(1) IN GENERAL.—Sections 3145 through 3148 of title 18,

United States Code, pertaining to review and appeal of a release

or detention order, penalties for failure to appear, penalties

for an offense committed while on release, and sanctions for

violation of a release condition shall apply to an alien to whom

section 507(b)(1) applies. In applying the previous sentence—

‘‘(A) for purposes of section 3145 of such title an appeal

shall be taken to the United States Court of Appeals for

the District of Columbia Circuit; and
S. 735—52

‘‘(B) for purposes of section 3146 of such title the alien

shall be considered released in connection with a charge

of an offense punishable by life imprisonment.

‘‘(2) NO REVIEW OF CONTINUED DETENTION.—The determinations and actions of the Attorney General pursuant to section

507(b)(2)(C) shall not be subject to judicial review, including

application for a writ of habeas corpus, except for a claim

by the alien that continued detention violates the alien’s rights

under the Constitution. Jurisdiction over any such challenge

shall lie exclusively in the United States Court of Appeals

for the District of Columbia Circuit.

‘‘SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.

‘‘(a) UPON FILING APPLICATION.—

‘‘(1) IN GENERAL.—Subject to paragraphs (2) and (3), the

Attorney General may—

‘‘(A) take into custody any alien with respect to whom

an application under section 503 has been filed; and

‘‘(B) retain such an alien in custody in accordance

with the procedures authorized by this title.

‘‘(2) SPECIAL RULES FOR PERMANENT RESIDENT ALIENS.—

‘‘(A) RELEASE HEARING.—An alien lawfully admitted

for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing.

Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the

alien—

‘‘(i) is a person lawfully admitted for permanent

residence in the United States;

‘‘(ii) if released upon such terms and conditions

as the court may prescribe (including the posting of

any monetary amount), is not likely to flee; and ‘‘(iii) will not endanger national security, or the

safety of any person or the community, if released.

‘‘(B) INFORMATION CONSIDERED.—The judge may consider classified information submitted in camera and ex

parte in making a determination whether to release an

alien pending the removal hearing.

‘‘(3) RELEASE IF ORDER DENIED AND NO REVIEW SOUGHT.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), if a

judge of the removal court denies the order sought in

an application filed pursuant to section 503, and the Attorney General does not seek review of such denial, the alien

shall be released from custody. ‘‘(B) APPLICATION OF REGULAR PROCEDURES.—Subparagraph (A) shall not prevent the arrest and detention of

the alien pursuant to title II.

‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND REVIEW

SOUGHT.—

‘‘(1) IN GENERAL.—If a judge of the removal court denies

the order sought in an application filed pursuant to section

503 and the Attorney General seeks review of such denial,

the judge shall release the alien from custody subject to the

least restrictive condition, or combination of conditions, of

release described in section 3142(b) and clauses (i) through

(xiv) of section 3142(c)(1)(B) of title 18, United States Code,

that—
S. 735—53

‘‘(A) will reasonably assure the appearance of the alien

at any future proceeding pursuant to this title; and

‘‘(B) will not endanger the safety of any other person

or the community.

‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If the judge finds

no such condition or combination of conditions, as described

in paragraph (1), the alien shall remain in custody until the

completion of any appeal authorized by this title.

‘‘SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.

‘‘(a) RELEASE.—

‘‘(1) IN GENERAL.—Subject to paragraph (2), if the judge

decides that an alien should not be removed, the alien shall

be released from custody.

‘‘(2) CUSTODY PENDING APPEAL.—If the Attorney General

takes an appeal from such decision, the alien shall remain

in custody, subject to the provisions of section 3142 of title

18, United States Code.

‘‘(b) CUSTODY AND REMOVAL.—

‘‘(1) CUSTODY.—If the judge decides that an alien shall

be removed, the alien shall be detained pending the outcome

of any appeal. After the conclusion of any judicial review thereof

which affirms the removal order, the Attorney General shall

retain the alien in custody and remove the alien to a country

specified under paragraph (2).

‘‘(2) REMOVAL.—

‘‘(A) IN GENERAL.—The removal of an alien shall be

to any country which the alien shall designate if such

designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair

the obligation of the United States under any treaty

(including a treaty pertaining to extradition) or otherwise

adversely affect the foreign policy of the United States. ‘‘(B) ALTERNATE COUNTRIES.—If the alien refuses to

designate a country to which the alien wishes to be removed

or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to

the country so designated would impair a treaty obligation

or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any

country willing to receive such alien. ‘‘(C) CONTINUED DETENTION.—If no country is willing

to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien

in custody. The Attorney General, in coordination with

the Secretary of State, shall make periodic efforts to reach

agreement with other countries to accept such an alien

and at least every 6 months shall provide to the attorney

representing the alien at the removal hearing a written

report on the Attorney General’s efforts. Any alien in custody pursuant to this subparagraph shall be released from

custody solely at the discretion of the Attorney General

and subject to such conditions as the Attorney General

shall deem appropriate.

‘‘(D) FINGERPRINTING.—Before an alien is removed from

the United States pursuant to this subsection, or pursuant

to an order of exclusion because such alien is excludable
S. 735—54

under section 212(a)(3)(B), the alien shall be photographed

and fingerprinted, and shall be advised of the provisions

of section 276(b).

‘‘(c) CONTINUED DETENTION PENDING TRIAL.—

‘‘(1) DELAY IN REMOVAL.—The Attorney General may hold

in abeyance the removal of an alien who has been ordered

removed, pursuant to this title, to allow the trial of such alien

on any Federal or State criminal charge and the service of

any sentence of confinement resulting from such a trial.

‘‘(2) MAINTENANCE OF CUSTODY.—Pending the commencement of any service of a sentence of confinement by an alien

described in paragraph (1), such an alien shall remain in the

custody of the Attorney General, unless the Attorney General

determines that temporary release of the alien to the custody

of State authorities for confinement in a State facility is appropriate and would not endanger national security or public

safety.

‘‘(3) SUBSEQUENT REMOVAL.—Following the completion of

a sentence of confinement by an alien described in paragraph

(1), or following the completion of State criminal proceedings

which do not result in a sentence of confinement of an alien

released to the custody of State authorities pursuant to paragraph (2), such an alien shall be returned to the custody of

the Attorney General who shall proceed to the removal of

the alien under this title.

‘‘(d) APPLICATION OF CERTAIN PROVISIONS RELATING TO ESCAPE

OF PRISONERS.—For purposes of sections 751 and 752 of title 18,

United States Code, an alien in the custody of the Attorney General

pursuant to this title shall be subject to the penalties provided

by those sections in relation to a person committed to the custody

of the Attorney General by virtue of an arrest on a charge of

a felony.

‘‘(e) RIGHTS OF ALIENS IN CUSTODY.—

‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien in the custody

of the Attorney General pursuant to this title shall be given

reasonable opportunity, as determined by the Attorney General,

to communicate with and receive visits from members of the

alien’s family, and to contact, retain, and communicate with

an attorney.

‘‘(2) DIPLOMATIC CONTACT.—An alien in the custody of the

Attorney General pursuant to this title shall have the right

to contact an appropriate diplomatic or consular official of the

alien’s country of citizenship or nationality or of any country

providing representation services therefore. The Attorney General shall notify the appropriate embassy, mission, or consular

office of the alien’s detention.’’.

(b) JURISDICTION OVER EXCLUSION ORDERS FOR ALIEN TERRORISTS.—Section 106(b) of the Immigration and Nationality Act (8

U.S.C. 1105a(b)) is amended by adding at the end the following

sentence: ‘‘Jurisdiction to review an order entered pursuant to the

provisions of section 235(c) concerning an alien excludable under

section 212(a)(3)(B) shall rest exclusively in the United States Court

of Appeals for the District of Columbia Circuit.’’.

(c) CRIMINAL PENALTY FOR REENTRY OF ALIEN TERRORISTS.—

Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended—

(1) by striking ‘‘or’’ at the end of paragraph (1),
S. 735—55

(2) by striking the period at the end of paragraph (2)

and inserting ‘‘; or’’, and

(3) by inserting after paragraph (2) the following new paragraph:

‘‘(3) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under

section 212(a)(3)(B) or who has been removed from the United

States pursuant to the provisions of title V, and who thereafter,

without the permission of the Attorney General, enters the

United States, or attempts to do so, shall be fined under title

18, United States Code, and imprisoned for a period of 10

years, which sentence shall not run concurrently with any

other sentence.’’.

(d) TABLE OF CONTENTS.—The Immigration and Nationality

Act is amended by adding at the end of the table of contents

the following:

‘‘TITLE V—ALIEN TERRORIST REMOVAL PROCEDURES

‘‘Sec. 501. Definitions.

‘‘Sec. 502. Establishment of removal court.

‘‘Sec. 503. Removal court procedure.

‘‘Sec. 504. Removal hearing.

‘‘Sec. 505. Appeals.

‘‘Sec. 506. Custody and release pending removal hearing.

‘‘Sec. 507. Custody and release after removal hearing.’’.

(e) ELIMINATION OF CUSTODY REVIEW BY HABEAS CORPUS.— Section 106(a) of the Immigration and Nationality Act (8 U.S.C.

1105a(a)) is amended—

(1) in paragraph (8), by adding ‘‘and’’ at the end;

(2) in paragraph (9), by striking ‘‘; and’’ at the end and

inserting a period; and (3) by striking paragraph (10). (f) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of enactment of this Act and shall

apply to all aliens without regard to the date of entry or attempted

entry into the United States.

Subtitle B—Exclusion of Members and

Representatives of Terrorist Organizations

SEC. 411. EXCLUSION OF ALIEN TERRORISTS.

Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended—

(1) in clause (i)—

(A) in subclause (I), by striking ‘‘or’’ at the end;

(B) in subclause (II), by inserting ‘‘is engaged in or’’

after ‘‘believe,’’; and

(C) by inserting after subclause (II) the following:

‘‘(III) is a representative (as defined in clause

(iv)) of a foreign terrorist organization, as designated by the Secretary under section 219, or

‘‘(IV) is a member of a foreign terrorist

organization, as designated by the Secretary under

section 219,’’; and

(2) by adding at the end the following:

‘‘(iv) REPRESENTATIVE DEFINED.—As used in this

paragraph, the term ‘representative’ includes an officer,
S. 735—56

official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an

organization or its members to engage in terrorist

activity.’’.

SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF

APPLICATION FOR VISAS.

Section 212(b) of the Immigration and Nationality Act (8 U.S.C.

1182(b)) is amended—

(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting each new

subparagraph 2 ems to the right;

(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject to paragraphs

(2) and (3), if’’; and

(3) by adding at the end the following new paragraphs:

‘‘(2) The Secretary of State may waive the requirements

of paragraph (1) with respect to a particular alien or any

class or classes of excludable aliens.

‘‘(3) Paragraph (1) does not apply to any alien excludable

under paragraph (2) or (3) of subsection (a).’’.

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

(a) WITHHOLDING OF DEPORTATION.—Section 243(h)(2) of the

Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended

by adding at the end the following new sentence: ‘‘For purposes

of subparagraph (D), an alien who is described in section

241(a)(4)(B) shall be considered to be an alien for whom there

are reasonable grounds for regarding as a danger to the security

of the United States.’’.

(b) SUSPENSION OF DEPORTATION.—Section 244(a) of such Act

(8 U.S.C. 1254(a)) is amended by striking ‘‘section 241(a)(4)(D)’’

and inserting ‘‘subparagraph (B) or (D) of section 241(a)(4)’’. (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of such Act (8

U.S.C. 1254(e)(2)) is amended by inserting ‘‘under section

241(a)(4)(B) or’’ after ‘‘who is deportable’’.

(d) ADJUSTMENT OF STATUS.—Section 245(c) of such Act (8

U.S.C. 1255(c)) is amended—

(1) by striking ‘‘or’’ before ‘‘(5)’’, and

(2) by inserting before the period at the end the following: ‘‘, or (6) an alien who is deportable under section 241(a)(4)(B)’’.

(e) REGISTRY.—Section 249(d) of such Act (8 U.S.C. 1259(d))

is amended by inserting ‘‘and is not deportable under section

241(a)(4)(B)’’ after ‘‘ineligible to citizenship’’. (f) WAIVER.—Section 243(h) of such Act (8 U.S.C. 1253(h)) is

amended by adding at the end the following:

‘‘(3) Notwithstanding any other provision of law, paragraph

(1) shall apply to any alien if the Attorney General determines,

in the discretion of the Attorney General, that—

‘‘(A) such alien’s life or freedom would be threatened, in

the country to which such alien would be deported or returned,

on account of race, religion, nationality, membership in a

particular social group, or political opinion; and

‘‘(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations

Protocol Relating to the Status of Refugees.’’.

(g) EFFECTIVE DATE.—The amendments made by this section

shall take effect on the date of the enactment of this Act and
S. 735—57

shall apply to applications filed before, on, or after such date if

final action has not been taken on them before such date.

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

AND ADMITTED.

(a) IN GENERAL.—Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is amended by adding at the end the

following new subsection:

‘‘(d) Notwithstanding any other provision of this title, an alien

found in the United States who has not been admitted to the

United States after inspection in accordance with section 235 is

deemed for purposes of this Act to be seeking entry and admission

to the United States and shall be subject to examination and

exclusion by the Attorney General under chapter 4. In the case

of such an alien the Attorney General shall provide by regulation

an opportunity for the alien to establish that the alien was so

admitted.’’.

(b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the first day of the first month beginning

more than 180 days after the date of the enactment of this Act.

Subtitle C—Modification to Asylum

Procedures

SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

(a) IN GENERAL.—Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the

end the following: ‘‘The Attorney General may not grant an alien

asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or

deportable under section 241(a)(4)(B), unless the Attorney General

determines, in the discretion of the Attorney General, that there

are not reasonable grounds for regarding the alien as a danger

to the security of the United States.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a)

shall take effect on the date of the enactment of this Act and

apply to asylum determinations made on or after such date.

SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

(a) IN GENERAL.—Subsection (b) of section 235 of the Immigra- tion 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.
S. 735—58

‘‘(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
S. 735—59

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 180 days after the date of the enactment of this Act.

SEC. 423. JUDICIAL REVIEW.

(a) PRECLUSION OF JUDICIAL REVIEW.—Section 106 of the

Immigration and Nationality Act (8 U.S.C. 1105a) is amended— (1) by amending the section heading to read as follows:

‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION, AND

SPECIAL EXCLUSION’’; and

(2) by adding at the end the following new subsection: ‘‘(e)(1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction

to review any individual determination, or to entertain any other

cause or claim, arising from or relating to the implementation

or operation of section 235(b)(1). Regardless of the nature of the

action or claim, or the party or parties bringing the action, no

court shall have jurisdiction or authority to enter declaratory,

injunctive, or other equitable relief not specifically authorized in

this subsection nor to certify a class under Rule 23 of the Federal

Rules of Civil Procedure.

‘‘(2) Judicial review of any cause, claim, or individual deter- mination 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:
S. 735—60

‘‘(d) In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or

section 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion,

or deportation entered under this section or sections 236 and 242.’’. (c) CLERICAL AMENDMENT.—The item relating to section 106 in the table of contents of such Act is amended to read as follows:

‘‘Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.’’.

Subtitle D—Criminal Alien Procedural

Improvements

SEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND

NATURALIZATION FILES THROUGH COURT ORDER.

(a) CONFIDENTIALITY OF INFORMATION.—Section 245A(c)(5) of

the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is

amended—

(1) by inserting ‘‘(i)’’ after ‘‘except the Attorney General’’;

and

(2) by inserting after ‘‘Title 13’’ the following: ‘‘and (ii)

may authorize an application to a Federal court of competent

jurisdiction for, and a judge of such court may grant, an order

authorizing disclosure of information contained in the application of the alien to be used—

‘‘(I) for identification of the alien when there is reason

to believe that the alien has been killed or severely

incapacitated; or

‘‘(II) for criminal law enforcement purposes against

the alien whose application is to be disclosed.’’.

(b) APPLICATIONS FOR ADJUSTMENT OF STATUS.—Section 210(b)

of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is

amended—

(1) in paragraph (5), by inserting ‘‘, except as allowed by a court order issued pursuant to paragraph (6) of this

subsection’’ after ‘‘consent of the alien’’; and

(2) in paragraph (6), by inserting the following sentence

before ‘‘Anyone who uses’’: ‘‘Notwithstanding the preceding sentence, the Attorney General may authorize an application to

a Federal court of competent jurisdiction for, and a judge of

such court may grant an order authorizing, disclosure of

information contained in the application of the alien to be

used for identification of the alien when there is reason to

believe that the alien has been killed or severely incapacitated,

or for criminal law enforcement purposes against the alien

whose application is to be disclosed or to discover information

leading to the location or identity of the alien.’’.

SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

Section 130002(a) of the Violent Crime Control and Law

Enforcement Act of 1994 (Public Law 103–322) 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
S. 735—61

criminal alien identification system shall be used to assist Federal,

State, and local law enforcement agencies in identifying and locating

aliens who may be subject to deportation by reason of their conviction of aggravated felonies.’’.

SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED

CRIMES AS RICO-PREDICATE OFFENSES.

Section 1961(1) of title 18, United States Code, is amended—

(1) by inserting ‘‘section 1028 (relating to fraud and related

activity in connection with identification documents) if the act

indictable under section 1028 was committed for the purpose

of financial gain,’’ before ‘‘section 1029’’;

(2) by inserting ‘‘section 1542 (relating to false statement

in application and use of passport) if the act indictable under

section 1542 was committed for the purpose of financial gain,

section 1543 (relating to forgery or false use of passport) if

the act indictable under section 1543 was committed for the

purpose of financial gain, section 1544 (relating to misuse of

passport) if the act indictable under section 1544 was committed

for the purpose of financial gain, section 1546 (relating to

fraud and misuse of visas, permits, and other documents) if

the act indictable under section 1546 was committed for the

purpose of financial gain, sections 1581–1588 (relating to peonage and slavery),’’ after ‘‘section 1513 (relating to retaliating

against a witness, victim, or an informant),’’;

(3) by striking ‘‘or’’ before ‘‘(E)’’; and

(4) by inserting before the period at the end the following:

‘‘, or (F) any act which is indictable under the Immigration

and Nationality Act, section 274 (relating to bringing in and

harboring certain aliens), section 277 (relating to aiding or

assisting certain aliens to enter the United States), or section

278 (relating to importation of alien for immoral purpose) if

the act indictable under such section of such Act was committed

for the purpose of financial gain’’.

SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

Section 2516(1) of title 18, United States Code, is amended—

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

(2) by redesignating paragraph (o) as paragraph (p), and

(3) by inserting after paragraph (n) the following new paragraph:

‘‘(o) a felony violation of section 1028 (relating to production

of false identification documents), section 1542 (relating to false

statements in passport applications), section 1546 (relating to

fraud and misuse of visas, permits, and other documents) of

this title or a violation of section 274, 277, or 278 of the

Immigration and Nationality Act (relating to the smuggling

of aliens); or’’.

SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES

OF MORAL TURPITUDE.

(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the Immigration

and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to

read as follows:

‘‘(II) is convicted of a crime for which a sentence of one year or longer may be imposed,’’.
S. 735—62

(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. 436. MISCELLANEOUS PROVISIONS.

(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTA- TION 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. 437. INTERIOR REPATRIATION PROGRAM.

Not later than 180 days after the date of enactment of this

Act, the Attorney General and the Commissioner of Immigration

and Naturalization shall develop and implement a program in which

aliens who previously have illegally entered the United States not

less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less

than 500 kilometers from that country’s border with the United

States.

SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO

COMPLETION OF SENTENCE OF IMPRISONMENT.

(a) IN GENERAL.—Section 242(h) of the Immigration and

Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows:

‘‘(h)(1) Except as provided in paragraph (2), an alien sentenced

to imprisonment may not be deported until such imprisonment

has been terminated by the release of the alien from confinement.

Parole, supervised release, probation, or possibility of rearrest or

further confinement in respect of the same offense shall not be

a ground for deferral of deportation. ‘‘(2) The Attorney General is authorized to deport an alien

in accordance with applicable procedures under this Act prior to

the completion of a sentence of imprisonment—

‘‘(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien

is confined pursuant to a final conviction for a nonviolent

offense (other than alien smuggling), and (ii) such deportation

of the alien is appropriate and in the best interest of the

United States; or
S. 735—63

‘‘(B) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official

exercising authority with respect to the incarceration of the

alien determines that (i) the alien is confined pursuant to

a final conviction for a nonviolent offense (other than alien

smuggling), (ii) such deportation is appropriate and in the

best interest of the State, and (iii) submits a written request

to the Attorney General that such alien be so deported.

‘‘(3) Any alien deported pursuant to this subsection shall be notified of the penalties under the laws of the United States relating

to the reentry of deported aliens, particularly the expanded penalties for aliens deported under paragraph (2).’’. (b) REENTRY OF ALIEN DEPORTED PRIOR TO COMPLETION OF

TERM OF IMPRISONMENT.—Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end

the following new subsection: ‘‘(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United

States (unless the Attorney General has expressly consented to

such alien’s reentry) shall be incarcerated for the remainder of

the sentence of imprisonment which was pending at the time of

deportation without any reduction for parole or supervised release.

Such alien shall be subject to such other penalties relating to

the reentry of deported aliens as may be available under this

section or any other provision of law.’’.

SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL

ALIENS.

(a) IN GENERAL.—Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State

and local law enforcement officials are authorized to arrest and

detain an individual who—

(1) is an alien illegally present in the United States; and

(2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,

but only after the State or local law enforcement officials obtain

appropriate confirmation from the Immigration and Naturalization

Service of the status of such individual and only for such period

of time as may be required for the Service to take the individual

into Federal custody for purposes of deporting or removing the

alien from the United States.

(b) COOPERATION.—The Attorney General shall cooperate with the States to assure that information in the control of the Attorney

General, including information in the National Crime Information

Center, that would assist State and local law enforcement officials

in carrying out duties under subsection (a) is made available to

such officials.

SEC. 440. CRIMINAL ALIEN REMOVAL.

(a) JUDICIAL REVIEW.—Section 106 of the Immigration and

Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows:

‘‘(10) Any final order of deportation against an alien who

is deportable by reason of having committed a criminal offense

covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any

offense covered by section 241(a)(2)(A)(ii) for which both predi-
S. 735—64

cate offenses are covered by section 241(a)(2)(A)(i), shall not

be subject to review by any court.’’.

(b) FINAL ORDER OF DEPORTATION DEFINED.—Section 101(a)

of such Act (8 U.S.C. 1101(a)) is amended by adding at the end

the following new paragraph:

‘‘(47)(A) The term ‘order of deportation’ means the order of

the special inquiry officer, or other such administrative officer to

whom the Attorney General has delegated the responsibility for

determining whether an alien is deportable, concluding that the

alien is deportable or ordering deportation.

‘‘(B) The order described under subparagraph (A) shall become

final upon the earlier of—

‘‘(i) a determination by the Board of Immigration Appeals

affirming such order; or

‘‘(ii) the expiration of the period in which the alien is

permitted to seek review of such order by the Board of Immigration Appeals.’’.

(c) ARREST AND CUSTODY.—Section 242(a)(2) of such Act is

amended—

(1) in subparagraph (A)—

(A) by striking ‘‘(2)(A) The Attorney’’ and inserting

‘‘(2) The Attorney’’;

(B) by striking ‘‘an aggravated felony upon’’ and all

that follows through ‘‘of the same offense)’’ and inserting

‘‘any criminal offense covered in section 241(a)(2) (A)(iii),

(B), (C), or (D), or any offense covered by section

241(a)(2)(A)(ii) for which both predicate offenses are covered

by section 241(a)(2)(A)(i), upon release of the alien from

incarceration, shall deport the alien as expeditiously as

possible’’; and

(C) by striking ‘‘but subject to subparagraph (B)’’; and (2) by striking subparagraph (B). (d) CLASSES OF EXCLUDABLE ALIENS.—Section 212(c) of such

Act (8 U.S.C. 1182(c)) is amended—

(1) by striking ‘‘The first sentence of this’’ and inserting

‘‘This’’; and

(2) by striking ‘‘has been convicted of one or more aggravated felonies’’ and all that follows through the end and inserting ‘‘is deportable by reason of having committed any criminal

offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D),

or any offense covered by section 241(a)(2)(A)(ii) for which

both predicate offenses are covered by section 241(a)(2)(A)(i).’’.

(e) AGGRAVATED FELONY DEFINED.—Section 101(a)(43) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended

by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103–416), is amended—

(1) in subparagraph (J), by inserting ‘‘, or an offense

described in section 1084 (if it is a second or subsequent offense)

or 1955 of that title (relating to gambling offenses),’’ after

‘‘corrupt organizations)’’;

(2) in subparagraph (K)—

(A) by striking ‘‘or’’ at the end of clause (i),

(B) by redesignating clause (ii) as clause (iii), and

(C) by inserting after clause (i) the following new

clause:

‘‘(ii) is described in section 2421, 2422, or 2423

of title 18, United States Code (relating to transpor-
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tation for the purpose of prostitution) for commercial

advantage; or’’;

(3) by amending subparagraph (N) to read as follows:

‘‘(N) an offense described in paragraph (1)(A) or (2)

of section 274(a) (relating to alien smuggling) for which

the term of imprisonment imposed (regardless of any

suspension of imprisonment) is at least 5 years;’’;

(4) by amending subparagraph (O) to read as follows:

‘‘(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or

instrument in violation of section 1543 of title 18, United

States Code, or is described in section 1546(a) of such

title (relating to document fraud) and (ii) for which the

term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;’’;

(5) in subparagraph (P), by striking ‘‘15 years’’ and inserting ‘‘5 years’’, and by striking ‘‘and’’ at the end;

(6) by redesignating subparagraphs (O), (P), and (Q) as

subparagraphs (P), (Q), and (U), respectively;

(7) by inserting after subparagraph (N) the following new

subparagraph:

‘‘(O) an offense described in section 275(a) or 276

committed by an alien who was previously deported on

the basis of a conviction for an offense described in another

subparagraph of this paragraph;’’; and

(8) by inserting after subparagraph (Q), as so redesignated,

the following new subparagraphs:

‘‘(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification

numbers of which have been altered for which a sentence

of 5 years’ imprisonment or more may be imposed; ‘‘(S) an offense relating to obstruction of justice, perjury

or subornation of perjury, or bribery of a witness, for which

a sentence of 5 years’ imprisonment or more may be

imposed;

‘‘(T) an offense relating to a failure to appear before

a court pursuant to a court order to answer to or dispose

of a charge of a felony for which a sentence of 2 years’

imprisonment or more may be imposed; and’’. (f) EFFECTIVE DATE.—The amendments made by subsection (e) shall apply to convictions entered on or after the date of the

enactment of this Act, except that the amendment made by subsection (e)(3) shall take effect as if included in the enactment

of section 222 of the Immigration and Nationality Technical Corrections Act of 1994.

(g) DEPORTATION OF CRIMINAL ALIENS.—Section 242A(a) of such

Act (8 U.S.C. 1252a) is amended—

(1) in paragraph (1)—

(A) by striking ‘‘aggravated felonies (as defined in section 101(a)(43) of this title)’’ and inserting ‘‘any criminal

offense covered in section 241(a)(2) (A)(iii), (B), (C), or

(D), or any offense covered by section 241(a)(2)(A)(ii) for

which both predicate offenses are covered by section

241(a)(2)(A)(i).’’; and

(B) by striking ‘‘, where warranted,’’;

(2) in paragraph (2), by striking ‘‘aggravated felony’’ and

all that follows through ‘‘before any scheduled hearings.’’ and
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inserting ‘‘any criminal offense covered in section 241(a)(2)

(A)(iii), (B), (C), or (D), or any offense covered by section

241(a)(2)(A)(ii) for which both predicate offenses are covered

by section 241(a)(2)(A)(i).’’.

(h) DEADLINES FOR DEPORTING ALIEN.—Section 242(c) of such

Act (8 U.S.C. 1252(c)) is amended—

(1) by striking ‘‘(c) When a final order’’ and inserting ‘‘(c)(1) Subject to paragraph (2), when a final order’’; and (2) by inserting at the end the following new paragraph: ‘‘(2) When a final order of deportation under administrative

process is made against any alien who is deportable by reason

of having committed a criminal offense covered in section 241(a)(2)

(A)(iii), (B), (C), or (D) or any offense covered by section

241(a)(2)(A)(ii) for which both predicate offenses are covered by

section 241(a)(2)(A)(i), the Attorney General shall have 30 days

from the date of the order within which to effect the alien’s departure from the United States. The Attorney General shall have

sole and unreviewable discretion to waive the foregoing provision

for aliens who are cooperating with law enforcement authorities

or for purposes of national security.’’.

SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING

DEPORTATION ORDER.

(a) IN GENERAL.—Section 276 of the Immigration and National- ity Act (8 U.S.C. 1326) is amended by adding at the end the

following new subsection: ‘‘(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in

subsection (a)(1) or subsection (b) unless the alien demonstrates

that—

‘‘(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; ‘‘(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for

judicial review; and ‘‘(3) the entry of the order was fundamentally unfair.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of enactment of this Act.

SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL

ALIENS WHO ARE NOT PERMANENT RESIDENTS.

(a) ADMINISTRATIVE HEARINGS.—Section 242A(b) of the

Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added

by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322), is amended—

(1) in paragraph (2)— (A) by striking ‘‘and’’ at the end of subparagraph (A) and inserting ‘‘or’’, and (B) by amending subparagraph (B) to read as follows:

‘‘(B) had permanent resident status on a conditional

basis (as described in section 216) at the time that proceedings under this section commenced.’’;

(2) in paragraph (3), by striking ‘‘30 calendar days’’ and

inserting ‘‘14 calendar days’’;

(3) in paragraph (4)(B), by striking ‘‘proccedings’’ and

inserting ‘‘proceedings’’;

(4) in paragraph (4)—
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(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 become effective no later than 60 days after the publication

by the Attorney General of implementing regulations that shall

be published on or before January 1, 1997.

SEC. 443. EXTRADITION OF ALIENS.

(a) SCOPE.—Section 3181 of title 18, United States Code, is

amended—

(1) by inserting ‘‘(a)’’ before ‘‘The provisions of this chapter’’;

and

(2) by adding at the end the following new subsections: ‘‘(b) The provisions of this chapter shall be construed to permit,

in the exercise of comity, the surrender of persons, other than

citizens, nationals, or permanent residents of the United States,

who have committed crimes of violence against nationals of the

United States in foreign countries without regard to the existence

of any treaty of extradition with such foreign government if the

Attorney General certifies, in writing, that—

‘‘(1) evidence has been presented by the foreign government

that indicates that had the offenses been committed in the

United States, they would constitute crimes of violence as

defined under section 16 of this title; and

‘‘(2) the offenses charged are not of a political nature.

‘‘(c) As used in this section, the term ‘national of the United

States’ has the meaning given such term in section 101(a)(22)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’’.
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(b) FUGITIVES.—Section 3184 of title 18, United States Code,

is amended—

(1) in the first sentence by inserting after ‘‘United States

and any foreign government,’’ the following: ‘‘or in cases arising

under section 3181(b),’’;

(2) in the first sentence by inserting after ‘‘treaty or convention,’’ the following: ‘‘or provided for under section 3181(b),’’;

and

(3) in the third sentence by inserting after ‘‘treaty or convention,’’ the following: ‘‘or under section 3181(b),’’.

TITLE V—NUCLEAR, BIOLOGICAL, AND

CHEMICAL WEAPONS RESTRICTIONS

Subtitle A—Nuclear Materials

SEC. 501. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that—

(1) nuclear materials, including byproduct materials, can

be used to create radioactive dispersal devices that are capable

of causing serious bodily injury as well as substantial damage

to property and to the environment;

(2) the potential use of nuclear materials, including

byproduct materials, enhances the threat posed by terrorist

activities and thereby has a greater effect on the security

interests of the United States;

(3) due to the widespread hazards presented by the threat

of nuclear contamination, as well as nuclear bombs, the United

States has a strong interest in ensuring that persons who

are engaged in the illegal acquisition and use of nuclear materials, including byproduct materials, are prosecuted for their

offenses;

(4) the threat that nuclear materials will be obtained and

used by terrorist and other criminal organizations has increased

substantially since the enactment in 1982 of the legislation

that implemented the Convention on the Physical Protection

of Nuclear Material, codified at section 831 of title 18, United

States Code;

(5) the successful efforts to obtain agreements from other

countries to dismantle nuclear weapons have resulted in

increased packaging and transportation of nuclear materials,

thereby decreasing the security of such materials by increasing

the opportunity for unlawful diversion and theft;

(6) the trafficking in the relatively more common, commercially available, and usable nuclear and byproduct materials

creates the potential for significant loss of life and environmental damage;

(7) report trafficking incidents in the early 1990’s suggest

that the individuals involved in trafficking in these materials

from Eurasia and Eastern Europe frequently conducted their

black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet Union,

Central Europe, and to a lesser extent in the Middle European

countries;
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(8) the international community has become increasingly

concerned over the illegal possession of nuclear and nuclear

byproduct materials;

(9) the potentially disastrous ramifications of increased

access to nuclear and nuclear byproduct materials pose such

a significant threat that the United States must use all lawful

methods available to combat the illegal use of such materials;

(10) the United States has an interest in encouraging

United States corporations to do business in the countries that

comprised the former Soviet Union, and in other developing

democracies;

(11) protection of such United States corporations from

threats created by the unlawful use of nuclear materials is

important to the success of the effort to encourage business

ventures in these countries, and to further the foreign relations

and commerce of the United States;

(12) the nature of nuclear contamination is such that it

may affect the health, environment, and property of United

States nationals even if the acts that constitute the illegal

activity occur outside the territory of the United States, and

are primarily directed toward foreign nationals; and

(13) there is presently no Federal criminal statute that

provides adequate protection to United States interests from

nonweapons grade, yet hazardous radioactive material, and

from the illegal diversion of nuclear materials that are held

for other than peaceful purposes.

(b) PURPOSE.—The purpose of this title is to provide Federal

law enforcement agencies with the necessary means and the maximum authority permissible under the Constitution to combat the

threat of nuclear contamination and proliferation that may result

from the illegal possession and use of radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF

NUCLEAR MATERIALS PROHIBITIONS.

Section 831 of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) by striking ‘‘nuclear material’’ each place it appears

and inserting ‘‘nuclear material or nuclear byproduct material’’;

(B) in paragraph (1)—

(i) in subparagraph (A), by inserting ‘‘or to the

environment’’ after ‘‘property’’; and

(ii) so that subparagraph (B) reads as follows:

‘‘(B) circumstances exist, or have been represented to

the defendant to exist, that are likely to cause the death

or serious bodily injury to any person, or substantial damage to property or to the environment;’’; and

(C) in paragraph (6), by inserting ‘‘or to the environment’’ after ‘‘property’’;

(2) in subsection (c)—

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

‘‘(2) an offender or a victim is—

‘‘(A) a national of the United States; or

‘‘(B) a United States corporation or other legal entity;’’;

(B) in paragraph (3)—
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(i) by striking ‘‘at the time of the offense the

nuclear material is in use, storage, or transport, for

peaceful purposes, and’’; and

(ii) by striking ‘‘or’’ at the end of the paragraph;

(C) in paragraph (4)—

(i) by striking ‘‘nuclear material for peaceful purposes’’ and inserting ‘‘nuclear material or nuclear

byproduct material’’; and

(ii) by striking the period at the end of the paragraph and inserting ‘‘; or’’; and

(D) by adding at the end the following new paragraph:

‘‘(5) either—

‘‘(A) the governmental entity under subsection (a)(5)

is the United States; or

‘‘(B) the threat under subsection (a)(6) is directed at

the United States.’’; and

(3) in subsection (f)—

(A) in paragraph (1)—

(i) in subparagraph (A), by striking ‘‘with an isotopic concentration not in excess of 80 percent plutonium 238’’; and

(ii) in subparagraph (C), by striking ‘‘uranium’’

and inserting ‘‘enriched uranium, defined as uranium’’;

(B) by redesignating paragraphs (2), (3), and (4) as

paragraphs (3), (4), and (5), respectively;

(C) by inserting after paragraph (1) the following new

paragraph:

‘‘(2) the term ‘nuclear byproduct material’ means any material containing any radioactive isotope created through an

irradiation process in the operation of a nuclear reactor or

accelerator;’’;

(D) in paragraph (4), as redesignated, by striking ‘‘and’’

at the end;

(E) in paragraph (5), as redesignated, by striking the

period at the end and inserting a semicolon; and

(F) by adding at the end the following new paragraphs:

‘‘(6) the term ‘national of the United States’ has the same

meaning as in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)); and

‘‘(7) the term ‘United States corporation or other legal

entity’ means any corporation or other entity organized under

the laws of the United States or any State, Commonwealth,

territory, possession, or district of the United States.’’.

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

(a) STUDY.—The Attorney General and the Secretary of Defense

shall jointly conduct a study of the number and extent of thefts

from military arsenals (including National Guard armories) of firearms, explosives, and other materials that are potentially useful

to terrorists.

(b) REPORT TO THE CONGRESS.—Not later than 6 months after

the date of enactment of this Act, the Attorney General and the

Secretary of Defense shall jointly prepare and transmit to the

Congress a report on the findings of the study conducted under

subsection (a).
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Subtitle B—Biological Weapons

Restrictions

SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL

AGENTS.

(a) FINDINGS.—The Congress finds that— (1) certain biological agents have the potential to pose a severe threat to public health and safety; (2) such biological agents can be used as weapons by individuals or organizations for the purpose of domestic or

international terrorism or for other criminal purposes; (3) the transfer and possession of potentially hazardous biological agents should be regulated to protect public health

and safety; and (4) efforts to protect the public from exposure to such

agents should ensure that individuals and groups with legitimate objectives continue to have access to such agents for

clinical and research purposes.

(b) CRIMINAL ENFORCEMENT.—Chapter 10 of title 18, United

States Code, is amended—

(1) in section 175(a), by inserting ‘‘or attempts, threatens, or conspires to do the same,’’ after ‘‘to do so,’’; (2) in section 177(a)(2), by inserting ‘‘threat,’’ after ‘‘attempt,’’; and (3) in section 178—

(A) in paragraph (1), by striking ‘‘or infectious sub- stance’’ and inserting ‘‘infectious substance, or biological

product that may be engineered as a result of biotechnology,

or any naturally occurring or bioengineered component of

any such microorganism, virus, infectious substance, or

biological product’’; (B) in paragraph (2)— (i) by inserting ‘‘the toxic material of plants, ani- mals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule’’ after ‘‘means’’;

(ii) by striking ‘‘production—’’ and inserting ‘‘production, including—’’; (iii) in subparagraph (A), by inserting ‘‘or biological product that may be engineered as a result of biotechnology’’ after ‘‘substance’’; and (iv) in subparagraph (B), by inserting ‘‘or biological product’’ after ‘‘isomer’’; and

(C) in paragraph (4), by inserting ‘‘, or molecule, includ- ing a recombinant molecule, or biological product that may

be engineered as a result of biotechnology,’’ after ‘‘organism’’.

(c) TERRORISM.—Section 2332a(a) of title 18, United States

Code, is amended by inserting ‘‘, including any biological agent,

toxin, or vector (as those terms are defined in section 178)’’ after

‘‘destruction’’.

(d) REGULATORY CONTROL OF BIOLOGICAL AGENTS.— (1) LIST OF BIOLOGICAL AGENTS.— (A) IN GENERAL.—The Secretary shall, through regula- tions promulgated under subsection (f), establish and maintain a list of each biological agent that has the potential

to pose a severe threat to public health and safety.
S. 735—72

(B) CRITERIA.—In determining whether to include an

agent on the list under subparagraph (A), the Secretary

shall—

(i) consider—

(I) the effect on human health of exposure

to the agent;

(II) the degree of contagiousness of the agent

and the methods by which the agent is transferred

to humans;

(III) the availability and effectiveness of

immunizations to prevent and treatments for any

illness resulting from infection by the agent; and

(IV) any other criteria that the Secretary

considers appropriate; and

(ii) consult with scientific experts representing

appropriate professional groups.

(e) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL

AGENTS.—The Secretary shall, through regulations promulgated

under subsection (f), provide for—

(1) the establishment and enforcement of safety procedures

for the transfer of biological agents listed pursuant to subsection

(d)(1), including measures to ensure—

(A) proper training and appropriate skills to handle

such agents; and

(B) proper laboratory facilities to contain and dispose

of such agents;

(2) safeguards to prevent access to such agents for use

in domestic or international terrorism or for any other criminal

purpose;

(3) the establishment of procedures to protect the public

safety in the event of a transfer or potential transfer of a

biological agent in violation of the safety procedures established

under paragraph (1) or the safeguards established under paragraph (2); and

(4) appropriate availability of biological agents for research,

education, and other legitimate purposes.

(f) REGULATIONS.—The Secretary shall carry out this section

by issuing—

(1) proposed rules not later than 60 days after the date

of enactment of this Act; and

(2) final rules not later than 120 days after the date of

enactment of this Act.

(g) DEFINITIONS.—For purposes of this section—

(1) the term ‘‘biological agent’’ has the same meaning as

in section 178 of title 18, United States Code; and

(2) the term ‘‘Secretary’’ means the Secretary of Health

and Human Services.
S. 735—73

Subtitle C—Chemical Weapons

Restrictions

SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF

FACILITY FOR TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR

BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN

AREAS.

(a) CHEMICAL WEAPONS OF MASS DESTRUCTION.—Chapter 113B

of title 18, United States Code, relating to terrorism, is amended

by inserting after section 2332b as added by section 702 of this

Act the following new section:

‘‘§ 2332c. Use of chemical weapons

‘‘(a) PROHIBITED ACTS.— ‘‘(1) OFFENSE.—A person shall be punished under para- graph (2) if that person, without lawful authority, uses, or

attempts or conspires to use, a chemical weapon against— ‘‘(A) a national of the United States while such national

is outside of the United States;

‘‘(B) any person within the United States; or

‘‘(C) any property that is owned, leased, or used by the United States or by any department or agency of the

United States, whether the property is within or outside

of the United States.

‘‘(2) PENALTIES.—A person who violates paragraph (1)— ‘‘(A) shall be imprisoned for any term of years or for life; or

‘‘(B) if death results from that violation, shall be punished by death or imprisoned for any term of years or

for life.

‘‘(b) DEFINITIONS.—As used in this section—

‘‘(1) the term ‘national of the United States’ has the same

meaning as in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)); and ‘‘(2) the term ‘chemical weapon’ means any weapon that is designed or intended to cause widespread death or serious

bodily injury through the release, dissemination, or impact

of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals.

(b) STUDY OF FACILITY FOR TRAINING AND EVALUATION OF

PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR BIOLOGICAL

WEAPONS IN URBAN AND SUBURBAN AREAS.— (1) FINDINGS.—The Congress finds that— (A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist

organizations has increased in recent years and is now

a problem of worldwide significance; (B) the military and law enforcement agencies in the

United States that are responsible for responding to the

use of such weapons require additional testing, training,

and evaluation facilities to ensure that the personnel of

such agencies discharge their responsibilities effectively;

and

(C) a facility that recreates urban and suburban locations would provide an especially effective environment
S. 735—74

in which to test, train, and evaluate such personnel for

that purpose.

(2) STUDY OF FACILITY.—

(A) IN GENERAL.—The President shall establish an

interagency task force to determine the feasibility and

advisability of establishing a facility that recreates both

an urban environment and a suburban environment in

such a way as to permit the effective testing, training,

and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States.

(B) DESCRIPTION OF FACILITY.—The facility considered

under subparagraph (A) shall include—

(i) facilities common to urban environments

(including a multistory building and an underground

rail transit system) and to suburban environments;

(ii) the capacity to produce controllable releases

of chemical and biological agents from a variety of

urban and suburban structures, including laboratories,

small buildings, and dwellings;

(iii) the capacity to produce controllable releases

of chemical and biological agents into sewage, water,

and air management systems common to urban areas

and suburban areas;

(iv) chemical and biocontaminant facilities at the

P3 and P4 levels;

(v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities

and survival techniques in urban areas and suburban

areas; and

(vi) the capacity to test and evaluate the effective- ness of variable sensor arrays (including video, audio,

meteorological, chemical, and biosensor arrays) in

urban areas and suburban areas.

(C) SENSE OF CONGRESS.—It is the sense of Congress that the facility considered under subparagraph (A) shall,

if established—

(i) be under the jurisdiction of the Secretary of

Defense; and

(ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the

use of chemical and biological weapons during any

period of armed conflict.

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 113B of title 18, United States Code, relating

to terrorism, is amended by inserting after the item added by

section 702 of this Act that relates to section 2332b the following

new item:

‘‘2332c. Use of chemical weapons.’’.

TITLE VI—IMPLEMENTATION OF

PLASTIC EXPLOSIVES CONVENTION

SEC. 601. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—
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(1) plastic explosives were used by terrorists in the bombings of Pan American Airlines flight number 103 in December

1988 and UTA flight number 722 in September 1989;

(2) plastic explosives can be used with little likelihood

of detection for acts of unlawful interference with civil aviation,

maritime navigation, and other modes of transportation;

(3) the criminal use of plastic explosives places innocent

lives in jeopardy, endangers national security, affects domestic

tranquility, and gravely affects interstate and foreign commerce;

(4) the marking of plastic explosives for the purpose of

detection would contribute significantly to the prevention and

punishment of such unlawful acts; and

(5) for the purpose of deterring and detecting such unlawful

acts, the Convention on the Marking of Plastic Explosives for

the Purpose of Detection, Done at Montreal on 1 March 1991,

requires each contracting State to adopt appropriate measures

to ensure that plastic explosives are duly marked and controlled.

(b) PURPOSE.—The purpose of this title is to fully implement

the Convention on the Marking of Plastic Explosives for the Purpose

of Detection, Done at Montreal on 1 March 1991.

SEC. 602. DEFINITIONS.

Section 841 of title 18, United States Code, is amended by

adding at the end the following new subsections:

‘‘(o) ‘Convention on the Marking of Plastic Explosives’ means

the Convention on the Marking of Plastic Explosives for the Purpose

of Detection, Done at Montreal on 1 March 1991.

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

in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process

in such a manner as to achieve homogeneous distribution in the

finished explosive, including— ‘‘(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO2)2, molecular weight 176, when the minimum concentration in

the finished explosive is 0.1 percent by mass; ‘‘(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular

weight 137, when the minimum concentration in the finished

explosive is 0.5 percent by mass; ‘‘(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular

weight 137, when the minimum concentration in the finished

explosive is 0.5 percent by mass; and

‘‘(5) any other substance in the concentration specified by

the Secretary, after consultation with the Secretary of State

and the Secretary of Defense, that has been added to the

table in part 2 of the Technical Annex to the Convention

on the Marking of Plastic Explosives.

‘‘(q) ‘Plastic explosive’ means an explosive material in flexible

or elastic sheet form formulated with one or more high explosives

which in their pure form has a vapor pressure less than 10¥4

Pa at a temperature of 25°C., is formulated with a binder material,

and is as a mixture malleable or flexible at normal room temperature.’’.
S. 735—76

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

Section 842 of title 18, United States Code, is amended by

adding at the end the following new subsections: ‘‘(l) It shall be unlawful for any person to manufacture any

plastic explosive that does not contain a detection agent. ‘‘(m)(1) It shall be unlawful for any person to import or bring

into the United States, or export from the United States, any

plastic explosive that does not contain a detection agent. ‘‘(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United

States, of any plastic explosive that was imported or brought into,

or manufactured in the United States prior to the date of enactment

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

States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard

of any State, not later than 15 years after the date of entry into

force of the Convention on the Marking of Plastic Explosives, with

respect to the United States.

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

transfer, receive, or possess any plastic explosive that does not

contain a detection agent. ‘‘(2) This subsection does not apply to— ‘‘(A) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date

of enactment of this subsection by any person during the period

beginning on that date and ending 3 years after that date

of enactment; or

‘‘(B) the shipment, transportation, transfer, receipt, or

possession of any plastic explosive that was imported or brought

into, or manufactured in the United States prior to the date

of enactment of this subsection by or on behalf of any agency

of the United States performing a military or police function

(including any military reserve component) or by or on behalf

of the National Guard of any State, not later than 15 years

after the date of entry into force of the Convention on the

Marking of Plastic Explosives, with respect to the United

States.

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

of the United States (including any military reserve component)

or the National Guard of any State, possessing any plastic explosive

on the date of enactment of this subsection, to fail to report to

the Secretary within 120 days after such date of enactment the

quantity of such explosives possessed, the manufacturer or importer,

any marks of identification on such explosives, and such other

information as the Secretary may prescribe by regulation.’’.

SEC. 604. CRIMINAL SANCTIONS.

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

to read as follows:

‘‘(a) Any person who violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title,

imprisoned for not more than 10 years, or both.’’.

SEC. 605. EXCEPTIONS.

Section 845 of title 18, United States Code, is amended—
S. 735—77

(1) in subsection (a)—

(A) by inserting ‘‘(l), (m), (n), or (o) of section 842

and subsections’’ after ‘‘subsections’’; and

(B) in paragraph (1), by inserting before the semicolon

‘‘, and which pertain to safety’’; and

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

‘‘(c) It is an affirmative defense against any proceeding involving

subsections (l) through (o) of section 842 if the proponent proves

by a preponderance of the evidence that the plastic explosive—

‘‘(1) consisted of a small amount of plastic explosive

intended for and utilized solely in lawful—

‘‘(A) research, development, or testing of new or modified explosive materials;

‘‘(B) training in explosives detection or development

or testing of explosives detection equipment; or

‘‘(C) forensic science purposes; or

‘‘(2) was plastic explosive that, within 3 years after the

date of enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, will be or is incorporated in a military

device within the territory of the United States and remains

an integral part of such military device, or is intended to

be, or is incorporated in, and remains an integral part of

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

the property of any agency of the United States performing

military or police functions (including any military reserve

component) or the National Guard of any State, wherever such

device is located.

‘‘(3) For purposes of this subsection, the term ‘military

device’ includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively

for military or police purposes.’’.

SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1))

is amended—

(1) in subparagraph (B), by striking ‘‘or’’ at the end;

(2) in subparagraph (C), by striking the period and inserting ‘‘; or’’; and

(3) by adding at the end the following new subparagraph:

‘‘(D) is a plastic explosive, as defined in section 841(q)

of title 18, United States Code, which does not contain

a detection agent, as defined in section 841(p) of such

title.’’.

SEC. 607. EFFECTIVE DATE.

Except as otherwise provided in this title, this title and the

amendments made by this title shall take effect 1 year after the

date of enactment of this Act.
S. 735—78

TITLE VII—CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

Subtitle A—Crimes and Penalties

SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING

EXPLOSIVES.

Section 844 of title 18, United States Code, is amended by

adding at the end the following new subsection:

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

who conspires to commit any offense defined in this chapter shall

be subject to the same penalties (other than the penalty of death)

as the penalties prescribed for the offense the commission of which

was the object of the conspiracy.’’.

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

(a) OFFENSE.—Chapter 113B of title 18, United States Code,

relating to terrorism, is amended by inserting after section 2332a

the following new section:

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

‘‘(a) PROHIBITED ACTS.—

‘‘(1) OFFENSES.—Whoever, involving conduct transcending

national boundaries and in a circumstance described in subsection (b)—

‘‘(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous

weapon any person within the United States; or ‘‘(B) creates a substantial risk of serious bodily injury

to any other person by destroying or damaging any structure, conveyance, or other real or personal property within

the United States or by attempting or conspiring to destroy

or damage any structure, conveyance, or other real or personal property within the United States;

in violation of the laws of any State, or the United States,

shall be punished as prescribed in subsection (c).

‘‘(2) TREATMENT OF THREATS, ATTEMPTS AND CONSPIR- ACIES.—Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished

under subsection (c).

‘‘(b) JURISDICTIONAL BASES.—

‘‘(1) CIRCUMSTANCES.—The circumstances referred to in

subsection (a) are—

‘‘(A) any of the offenders uses the mail or any facility

of interstate or foreign commerce in furtherance of the

offense;

‘‘(B) the offense obstructs, delays, or affects interstate

or foreign commerce, or would have so obstructed, delayed,

or affected interstate or foreign commerce if the offense

had been consummated;

‘‘(C) the victim, or intended victim, is the United States

Government, a member of the uniformed services, or any

official, officer, employee, or agent of the legislative, execu-
S. 735—79

tive, or judicial branches, or of any department or agency,

of the United States;

‘‘(D) the structure, conveyance, or other real or personal

property is, in whole or in part, owned, possessed, or leased

to the United States, or any department or agency of the

United States;

‘‘(E) the offense is committed in the territorial sea

(including the airspace above and the seabed and subsoil

below, and artificial islands and fixed structures erected

thereon) of the United States; or

‘‘(F) the offense is committed within the special maritime and territorial jurisdiction of the United States.

‘‘(2) CO-CONSPIRATORS AND ACCESSORIES AFTER THE FACT.—

Jurisdiction shall exist over all principals and co-conspirators

of an offense under this section, and accessories after the fact

to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender.

‘‘(c) PENALTIES.—

‘‘(1) PENALTIES.—Whoever violates this section shall be

punished—

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

from any other conduct prohibited by this section, by death,

or by imprisonment for any term of years or for life;

‘‘(B) for kidnapping, by imprisonment for any term

of years or for life;

‘‘(C) for maiming, by imprisonment for not more than

35 years;

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

resulting in serious bodily injury, by imprisonment for not

more than 30 years;

‘‘(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment

for not more than 25 years;

‘‘(F) for attempting or conspiring to commit an offense,

for any term of years up to the maximum punishment

that would have applied had the offense been completed;

and

‘‘(G) for threatening to commit an offense under this

section, by imprisonment for not more than 10 years.

‘‘(2) CONSECUTIVE SENTENCE.—Notwithstanding any other

provision of law, the court shall not place on probation any

person convicted of a violation of this section; nor shall the

term of imprisonment imposed under this section run concurrently with any other term of imprisonment.

‘‘(d) PROOF REQUIREMENTS.—The following shall apply to

prosecutions under this section:

‘‘(1) KNOWLEDGE.—The prosecution is not required to prove

knowledge by any defendant of a jurisdictional base alleged

in the indictment.

‘‘(2) STATE LAW.—In a prosecution under this section that

is based upon the adoption of State law, only the elements

of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted.

‘‘(e) EXTRATERRITORIAL JURISDICTION.—There is extraterritorial

Federal jurisdiction—
S. 735—80

‘‘(1) over any offense under subsection (a), including any

threat, attempt, or conspiracy to commit such offense; and

‘‘(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection

(a).

‘‘(f) INVESTIGATIVE AUTHORITY.—In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all

Federal crimes of terrorism, and the Secretary of the Treasury

shall assist the Attorney General at the request of the Attorney

General. Nothing in this section shall be construed to interfere

with the authority of the United States Secret Service under section

3056.

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

‘‘(1) the term ‘conduct transcending national boundaries’

means conduct occurring outside of the United States in addition to the conduct occurring in the United States;

‘‘(2) the term ‘facility of interstate or foreign commerce’

has the meaning given that term in section 1958(b)(2);

‘‘(3) the term ‘serious bodily injury’ has the meaning given

that term in section 1365(g)(3);

‘‘(4) the term ‘territorial sea of the United States’ means

all waters extending seaward to 12 nautical miles from the

baselines of the United States, determined in accordance with

international law; and

‘‘(5) the term ‘Federal crime of terrorism’ means an offense

that—

‘‘(A) is calculated to influence or affect the conduct

of government by intimidation or coercion, or to retaliate

against government conduct; and ‘‘(B) is a violation of—

‘‘(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special

maritime and territorial jurisdiction), 175 (relating to

biological weapons), 351 (relating to congressional,

cabinet, and Supreme Court assassination, kidnapping,

and assault), 831 (relating to nuclear materials), 842

(m) or (n) (relating to plastic explosives), 844(e) (relating to certain bombings), 844 (f) or (i) (relating to

arson and bombing of certain property), 956 (relating

to conspiracy to injure property of a foreign government), 1114 (relating to protection of officers and

employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests,

or internationally protected persons), 1203 (relating

to hostage taking), 1361 (relating to injury of Government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363

(relating to injury to buildings or property within special maritime and territorial jurisdiction of the United

States), 1366 (relating to destruction of an energy facility), 1751 (relating to Presidential and Presidential

staff assassination, kidnapping, and assault), 2152

(relating to injury of fortifications, harbor defenses,

or defensive sea areas), 2155 (relating to destruction

of national defense materials, premises, or utilities),
S. 735—81

2156 (relating to production of defective national

defense materials, premises, or utilities), 2280 (relating

to violence against maritime navigation), 2281 (relating

to violence against maritime fixed platforms), 2332

(relating to certain homicides and other violence

against United States nationals occurring outside of

the United States), 2332a (relating to use of weapons

of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating

to providing material support to terrorists), 2339B

(relating to providing material support to terrorist

organizations), or 2340A (relating to torture);

‘‘(ii) section 236 (relating to sabotage of nuclear

facilities or fuel) of the Atomic Energy Act of 1954

(42 U.S.C. 2284); or

‘‘(iii) section 46502 (relating to aircraft piracy) or

section 60123(b) (relating to destruction of interstate

gas or hazardous liquid pipeline facility) of title 49.’’.

(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 113B of title 18, United States Code, relating

to terrorism, is amended by inserting after the item relating to

section 2332a the following new item:

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

(c) STATUTE OF LIMITATIONS AMENDMENT.—Section 3286 of title

18, United States Code, is amended—

(1) by striking ‘‘any offense’’ and inserting ‘‘any non-capital

offense’’;

(2) by striking ‘‘36’’ and inserting ‘‘37’’;

(3) by striking ‘‘2331’’ and inserting ‘‘2332’’;

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

(5) by inserting ‘‘2332b (acts of terrorism transcending

national boundaries),’’ after ‘‘(use of weapons of mass destruction),’’.

(d) PRESUMPTIVE DETENTION.—Section 3142(e) of title 18,

United States Code, is amended by inserting ‘‘, 956(a), or 2332b’’

after ‘‘section 924(c)’’.

SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR

INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND

TERRITORIAL JURISDICTION.

Section 1363 of title 18, United States Code, is amended by

striking ‘‘any building,’’ and all that follows through ‘‘shipping’’

and inserting ‘‘any structure, conveyance, or other real or personal

property’’.

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

(a) IN GENERAL.—Section 956 of chapter 45 of title 18, United

States Code, is amended to read as follows:

‘‘§ 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,
S. 735—82

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, con- spires with one or more persons, regardless of where such other

person or persons are located, to damage or destroy specific property

situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United

States is at peace, or any railroad, canal, bridge, airport, airfield,

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

any religious, educational, or cultural property so situated, shall,

if any of the conspirators commits an act within the jurisdiction

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

imprisoned not more than 25 years.’’. (b) CLERICAL AMENDMENT.—The item relating to section 956 in the table of sections at the beginning of chapter 45 of title

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

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

foreign country.’’.

SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.

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

(1) in section 114, by striking ‘‘maim or disfigure’’ and inserting ‘‘torture (as defined in section 2340), maim, or disfigure’’; (2) in section 755, by striking ‘‘two years’’ and inserting

‘‘5 years’’; (3) in section 756, by striking ‘‘one year’’ and inserting ‘‘five years’’; (4) in section 878(a), by striking ‘‘by killing, kidnapping, or assaulting a foreign official, official guest, or internationally

protected person’’; (5) in section 1113, by striking ‘‘three years’’ and inserting ‘‘seven years’’; and (6) in section 2332(c), by striking ‘‘five’’ and inserting ‘‘ten’’.

(b) PENALTY FOR CARRYING WEAPONS OR EXPLOSIVES ON AN

AIRCRAFT.—Section 46505 of title 49, United States Code, is amended—

(1) in subsection (b), by striking ‘‘one year’’ and inserting

‘‘10 years’’; and (2) in subsection (c), by striking ‘‘5’’ and inserting ‘‘15’’.

SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE

MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT

A CRIME OF VIOLENCE.

Section 844 of title 18, United States Code, is amended by

adding at the end the following new subsection:

‘‘(o) Whoever knowingly transfers any explosive materials,

knowing or having reasonable cause to believe that such explosive

materials will be used to commit a crime of violence (as defined

in section 924(c)(3)) or drug trafficking crime (as defined in section

924(c)(2)) shall be subject to the same penalties as may be imposed
S. 735—83

under subsection (h) for a first conviction for the use or carrying

of an explosive material.’’.

SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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

to read as follows:

‘‘(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge

or accept as security for a loan, any stolen explosive materials

which are moving as, which are part of, which constitute, or which

have been shipped or transported in, interstate or foreign commerce,

either before or after such materials were stolen, knowing or having

reasonable cause to believe that the explosive materials were

stolen.’’.

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

CRIMES.

(a) IN GENERAL.—Section 844 of title 18, United States Code,

is amended—

(1) in subsection (e), by striking ‘‘five’’ and inserting ‘‘10’’;

(2) by amending subsection (f) to read as follows: ‘‘(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building,

vehicle, or other personal or real property in whole or in part

owned or possessed by, or leased to, the United States, or any

department or agency thereof, shall be imprisoned for not less

than 5 years and not more than 20 years, fined under this title,

or both.

‘‘(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes

personal injury or creates a substantial risk of injury to any person,

including any public safety officer performing duties, shall be

imprisoned for not less than 7 years and not more than 40 years,

fined under this title, or both.

‘‘(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes

the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned

for not less than 20 years or for life, fined under this title, or

both.’’;

(3) in subsection (h)—

(A) in the first sentence, by striking ‘‘5 years but not more than 15 years’’ and inserting ‘‘10 years’’; and (B) in the second sentence, by striking ‘‘10 years but not more than 25 years’’ and inserting ‘‘20 years’’; and

(4) in subsection (i)—

(A) by striking ‘‘not more than 20 years, fined the greater of the fine under this title or the cost of repairing

or replacing any property that is damaged or destroyed,’’

and inserting ‘‘not less than 5 years and not more than

20 years, fined under this title’’; and (B) by striking ‘‘not more than 40 years, fined the

greater of a fine under this title or the cost of repairing

or replacing any property that is damaged or destroyed,’’

and inserting ‘‘not less than 7 years and not more than

40 years, fined under this title’’.

(b) CONFORMING AMENDMENT.—Section 81 of title 18, United

States Code, is amended by striking ‘‘fined under this title or
S. 735—84

imprisoned not more than five years, or both’’ and inserting ‘‘imprisoned for not more than 25 years, fined the greater of the fine

under this title or the cost of repairing or replacing any property

that is damaged or destroyed, or both’’.

(c) STATUTE OF LIMITATION FOR ARSON OFFENSES.—

(1) IN GENERAL.—Chapter 213 of title 18, United States

Code, is amended by adding at the end the following new

section:

‘‘§ 3295. Arson offenses

‘‘No person shall be prosecuted, tried, or punished for any

non-capital offense under section 81 or subsection (f), (h), or (i)

of section 844 unless the indictment is found or the information

is instituted not later than 10 years after the date on which the

offense was committed.’’.

(2) CLERICAL AMENDMENT.—The table of sections at the

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

amended by adding at the end the following new item:

‘‘3295. Arson offenses.’’.

(3) CONFORMING AMENDMENT.—Section 844(i) of title 18,

United States Code, is amended by striking the last sentence.

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING

THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL

MATERIALS.

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

other officials and individuals as the Attorney General considers

appropriate, shall conduct a study concerning—

(1) the extent to which there is available to the public

material in any medium (including print, electronic, or film)

that provides instruction on how to make bombs, destructive

devices, or weapons of mass destruction;

(2) the extent to which information gained from such material has been used in incidents of domestic or international

terrorism;

(3) the likelihood that such information may be used in

future incidents of terrorism;

(4) the application of Federal laws in effect on the date

of enactment of this Act to such material;

(5) the need and utility, if any, for additional laws relating

to such material; and

(6) an assessment of the extent to which the first amendment protects such material and its private and commercial

distribution.

(b) REPORT.—

(1) REQUIREMENT.—Not later than 180 days after the date

of enactment of this Act, the Attorney General shall submit

to the Congress a report that contains the results of the study

required by this section.

(2) AVAILABILITY.—The Attorney General shall make the

report submitted under this subsection available to the public.
S. 735—85

Subtitle B—Criminal Procedures

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

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

States Code, is amended—

(1) in paragraph (1), by striking ‘‘and later found in the

United States’’;

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

‘‘(2) There is jurisdiction over the offense in paragraph (1)

if—

‘‘(A) a national of the United States was aboard the aircraft;

‘‘(B) an offender is a national of the United States; or

‘‘(C) an offender is afterwards found in the United States.’’;

and

(3) by inserting after paragraph (2) the following:

‘‘(3) For purposes of this subsection, the term ‘national of the

United States’ has the meaning prescribed in section 101(a)(22)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’’.

(b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILITIES.—Section 32(b) of title 18, United States Code, is amended—

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

United States,’’; and

(2) by inserting at the end the following: ‘‘There is jurisdiction over an offense under this subsection if a national of

the United States was on board, or would have been on board,

the aircraft; an offender is a national of the United States;

or an offender is afterwards found in the United States. For

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

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

the Immigration and Nationality Act.’’.

(c) MURDER OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS.—Section 1116 of title 18, United States Code, is amended—

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

‘‘(7) ‘National of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(22)).’’; and

(2) in subsection (c), by striking the first sentence and

inserting the following: ‘‘If the victim of an offense under subsection (a) is an internationally protected person outside the

United States, the United States may exercise jurisdiction over

the offense if (1) the victim is a representative, officer,

employee, or agent of the United States, (2) an offender is

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

found in the United States.’’.

(d) PROTECTION OF FOREIGN OFFICIALS AND CERTAIN OTHER

PERSONS.—Section 112 of title 18, United States Code, is amended—

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

States’,’’ before ‘‘and’’; and

(2) in subsection (e), by striking the first sentence and

inserting the following: ‘‘If the victim of an offense under subsection (a) is an internationally protected person outside the

United States, the United States may exercise jurisdiction over

the offense if (1) the victim is a representative, officer,

employee, or agent of the United States, (2) an offender is
S. 735—86

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

found in the United States.’’.

(e) THREATS AND EXTORTION AGAINST FOREIGN OFFICIALS AND

CERTAIN OTHER PERSONS.—Section 878 of title 18, United States

Code, is amended—

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

States’,’’ before ‘‘and’’; and

(2) in subsection (d), by striking the first sentence and

inserting the following: ‘‘If the victim of an offense under subsection (a) is an internationally protected person outside the

United States, the United States may exercise jurisdiction over

the offense if (1) the victim is a representative, officer,

employee, or agent of the United States, (2) an offender is

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

found in the United States.’’.

(f) KIDNAPPING OF INTERNATIONALLY PROTECTED PERSONS.—

Section 1201(e) of title 18, United States Code, is amended—

(1) by striking the first sentence and inserting the following: ‘‘If the victim of an offense under subsection (a) is an

internationally protected person outside the United States, the

United States may exercise jurisdiction over the offense if (1)

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

the United States, (2) an offender is a national of the United

States, or (3) an offender is afterwards found in the United

States.’’; and

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

this subsection, the term ‘national of the United States’ has

the meaning prescribed in section 101(a)(22) of the Immigration

and Nationality Act (8 U.S.C. 1101(a)(22)).’’.

(g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Section 37(b)(2)

of title 18, United States Code, is amended—

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

in the United States’’; and

(2) by inserting ‘‘; or (B) an offender or a victim is a

national of the United States (as defined in section 101(a)(22)

of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))’’

after ‘‘the offender is later found in the United States’’.

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

States Code, is amended—

(1) by striking ‘‘and’’ at the end of paragraph (3);

(2) by striking the period at the end of paragraph (4)

and inserting ‘‘; and’’; and

(3) by adding the following at the end:

‘‘(5) the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and

Nationality Act (8 U.S.C. 1101(a)(22)).’’.

SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

Section 2280(b)(1)(A) of title 18, United States Code, is amended—

(1) in clause (ii), by striking ‘‘and the activity is not prohibited as a crime by the State in which the activity takes place’’;

and

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

on a ship flying the flag of a foreign country or outside the

United States,’’.
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SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR

TERRORISM OFFENSES.

(a) TITLE 18 OFFENSES.— (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2),

1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United

States Code, are each amended by inserting ‘‘or conspires’’

after ‘‘attempts’’.

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

amended by striking ‘‘or attempted kidnapping’’ both places

it appears and inserting ‘‘, attempted kidnapping, or conspiracy

to kidnap’’.

(3)(A) Section 115(b)(3) of title 18, United States Code,

is amended by striking ‘‘or attempted murder’’ and inserting

‘‘, attempted murder, or conspiracy to murder’’. (B) Section 115(b)(3) of title 18, United States Code, is

amended by striking ‘‘and 1113’’ and inserting ‘‘, 1113, and

1117’’.

(b) AIRCRAFT PIRACY.— (1) Section 46502(a)(2) of title 49, United States Code,

is amended by inserting ‘‘or conspiring’’ after ‘‘attempting’’. (2) Section 46502(b)(1) of title 49, United States Code,

is amended by inserting ‘‘or conspiring to commit’’ after

‘‘committing’’.

SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB

THREATS.

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

by striking ‘‘commerce,’’ and inserting ‘‘interstate or foreign commerce, or in or affecting interstate or foreign commerce,’’.

SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS

DESTRUCTION STATUTE.

Section 2332a of title 18, United States Code, is amended—

(1) in subsection (a)—

(A) in the subsection heading, by inserting ‘‘AGAINST

A NATIONAL OF THE UNITED STATES OR WITHIN THE UNITED

STATES’’ after ‘‘OFFENSE’’;

(B) by striking ‘‘uses, or attempts’’ and inserting

‘‘, without lawful authority, uses, threatens, or attempts’’;

and

(C) in paragraph (2), by inserting ‘‘, and the results

of such use affect interstate or foreign commerce or, in

the case of a threat, attempt, or conspiracy, would have

affected interstate or foreign commerce’’ before the semicolon at the end;

(2) in subsection (b), by striking subparagraph (B) and

inserting the following:

‘‘(B) any weapon that is designed or intended to cause

death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their

precursors;’’;

(3) by redesignating subsection (b) as subsection (c); and

(4) by inserting after subsection (a) the following new subsection:

‘‘(b) OFFENSE BY NATIONAL OF THE UNITED STATES OUTSIDE

OF THE UNITED STATES.—Any national of the United States who,

without lawful authority, uses, or threatens, attempts, or conspires
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to use, a weapon of mass destruction outside of the United States

shall be imprisoned for any term of years or for life, and if death

results, shall be punished by death, or by imprisonment for any

term of years or for life.’’.

SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY

LAUNDERING STATUTE.

Section 1956(c)(7) of title 18, United States Code, is amended—

(1) in subparagraph (B), by amending clause (ii) to read

as follows:

‘‘(ii) murder, kidnapping, robbery, extortion, or destruction of property by means of explosive or fire;’’; and

(2) in subparagraph (D)—

(A) by inserting after ‘‘an offense under’’ the following:

‘‘section 32 (relating to the destruction of aircraft), section

37 (relating to violence at international airports), section

115 (relating to influencing, impeding, or retaliating

against a Federal official by threatening or injuring a family member),’’;

(B) by inserting after ‘‘section 215 (relating to commissions or gifts for procuring loans),’’ the following: ‘‘section

351 (relating to congressional or Cabinet officer assassination),’’;

(C) by inserting after ‘‘section 798 (relating to espionage),’’ the following: ‘‘section 831 (relating to prohibited

transactions involving nuclear materials), section 844 (f)

or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign

commerce),’’;

(D) by inserting after ‘‘section 875 (relating to inter- state communications),’’ the following: ‘‘section 956 (relating

to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),’’; (E) by inserting after ‘‘section 1032 (relating to concealment of assets from conservator, receiver, or liquidating

agent of financial institution),’’ the following: ‘‘section 1111

(relating to murder), section 1114 (relating to murder of

United States law enforcement officials), section 1116

(relating to murder of foreign officials, official guests, or

internationally protected persons),’’; (F) by inserting after ‘‘section 1203 (relating to hostage taking),’’ the following: ‘‘section 1361 (relating to willful

injury of Government property), section 1363 (relating to

destruction of property within the special maritime and

territorial jurisdiction),’’;

(G) by inserting after ‘‘section 1708 (relating to theft

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

Presidential assassination),’’;

(H) by inserting after ‘‘2114 (relating to bank and

postal robbery and theft),’’ the following: ‘‘section 2280

(relating to violence against maritime navigation), section

2281 (relating to violence against maritime fixed platforms),’’;

(I) by striking ‘‘or section 2320’’ and inserting ‘‘section

2320’’; and

(J) by striking ‘‘of this title’’ and inserting the following:

‘‘, section 2332 (relating to terrorist acts abroad against
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United States nationals), section 2332a (relating to use

of weapons of mass destruction), section 2332b (relating

to international terrorist acts transcending national boundaries), or section 2339A (relating to providing material

support to terrorists) of this title, section 46502 of title

49, United States Code,’’.

SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF

CURRENT OR FORMER OFFICIALS, OFFICERS, OR

EMPLOYEES OF THE UNITED STATES.

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

is amended to read as follows:

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

States

‘‘Whoever kills or attempts to kill any officer or employee of

the United States or of any agency in any branch of the United

States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account

of the performance of official duties, or any person assisting such

an officer or employee in the performance of such duties or on

account of that assistance, shall be punished—

‘‘(1) in the case of murder, as provided under section 1111;

‘‘(2) in the case of manslaughter, as provided under section

1112; or

‘‘(3) in the case of attempted murder or manslaughter,

as provided in section 1113.’’.

(b) THREATS AGAINST FORMER OFFICERS AND EMPLOYEES.—

(1) IN GENERAL.—Section 115(a)(2) of title 18, United States

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

or murder, any person who formerly served as a person designated in paragraph (1), or’’ after ‘‘assaults, kidnaps, or murders, or attempts to kidnap or murder’’.

(2) LIMITATION.—Section 115 of title 18, United States

Code, is amended by adding at the end the following:

‘‘(d) This section shall not interfere with the investigative

authority of the United States Secret Service, as provided under

sections 3056, 871, and 879 of this title.’’.

(c) AMENDMENT TO CLARIFY THE MEANING OF THE TERM

DEADLY OR DANGEROUS WEAPON IN THE PROHIBITION ON ASSAULT

ON FEDERAL OFFICERS OR EMPLOYEES.—Section 111(b) of title 18,

United States Code, is amended by inserting ‘‘(including a weapon

intended to cause death or danger but that fails to do so by reason

of a defective component)’’ after ‘‘deadly or dangerous weapon’’.

SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.

Section 3592(c) of title 18, United States Code, is amended

by inserting after paragraph (15) the following new paragraph:

‘‘(16) MULTIPLE KILLINGS OR ATTEMPTED KILLINGS.—The

defendant intentionally killed or attempted to kill more than

one person in a single criminal episode.’’.

SEC. 729. DETENTION HEARING.

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

by inserting ‘‘(not including any intermediate Saturday, Sunday,

or legal holiday)’’ after ‘‘five days’’ and after ‘‘three days’’.
S. 735—90

SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.

The United States Sentencing Commission shall forthwith, in accordance with the procedures set forth in section 21(a) of the

Sentencing Act of 1987, as though the authority under that section

had not expired, amend the sentencing guidelines so that the chapter 3 adjustment relating to international terrorism only applies

to Federal crimes of terrorism, as defined in section 2332b(g) of

title 18, United States Code.

SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM

DEFINITIONS.

Section 2510 of title 18, United States Code, is amended—

(1) in paragraph (12)—

(A) by striking ‘‘or’’ at the end of subparagraph (B);

(B) by adding ‘‘or’’ at the end of subparagraph (C);

and

(C) by adding at the end the following new subparagraph:

‘‘(D) electronic funds transfer information stored by

a financial institution in a communications system used

for the electronic storage and transfer of funds;’’; and

(2) in paragraph (16)—

(A) by adding ‘‘or’’ at the end of subparagraph (D);

(B) by striking ‘‘or’’ at the end of subparagraph (E);

and

(C) by striking subparagraph (F).

SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS.

(a) STUDY.— (1) IN GENERAL.—Not later than 12 months after the date

of enactment of this Act, the Secretary of the Treasury (referred

to in this section as the ‘‘Secretary’’) shall conduct a study

of—

(A) the tagging of explosive materials for purposes

of detection and identification;

(B) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials

inert;

(C) the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture

explosive materials; and

(D) State licensing requirements for the purchase and

use of commercial high explosives, including— (i) detonators;

(ii) detonating cords;

(iii) dynamite;

(iv) water gel;

(v) emulsion;

(vi) blasting agents; and

(vii) boosters.

(2) EXCLUSION.—No study conducted under this subsection

or regulation proposed under subsection (e) shall include black

or smokeless powder among the explosive materials considered.

(b) CONSULTATION.—

(1) IN GENERAL.—In conducting the study under subsection

(a), the Secretary shall consult with—
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(A) Federal, State, and local officials with expertise

in the area of chemicals used to manufacture explosive

materials; and

(B) such other individuals as the Secretary determines

are necessary.

(2) FERTILIZER RESEARCH CENTERS.—In conducting any portion of the study under subsection (a) relating to the regulation

and use of fertilizer as a pre-explosive material, the Secretary

of the Treasury shall consult with and receive input from

non-profit fertilizer research centers.

(c) REPORT.—Not later than 30 days after the completion of

the study conducted under subsection (a), the Secretary shall submit

a report to the Congress, which shall be made public, that contains—

(1) the results of the study;

(2) any recommendations for legislation; and

(3) any opinions and findings of the fertilizer research

centers.

(d) HEARINGS.—Congress shall have not less than 90 days

after the submission of the report under subsection (c) to—

(1) review the results of the study; and

(2) hold hearings and receive testimony regarding the recommendations of the Secretary.

(e) REGULATIONS.—

(1) IN GENERAL.—Not later than 6 months after the submission of the report required by subsection (c), the Secretary

may submit to Congress and publish in the Federal Register

draft regulations for the addition of tracer elements to explosive

materials manufactured in or imported into the United States,

of such character and in such quantity as the Secretary may

authorize or require, if the results of the study conducted

under subsection (a) indicate that the tracer elements—

(A) will not pose a risk to human life or safety;

(B) will substantially assist law enforcement officers

in their investigative efforts; (C) will not substantially impair the quality of the

explosive materials for their intended lawful use;

(D) will not have a substantially adverse effect on

the environment; and

(E) the costs associated with the addition of the tracers

will not outweigh benefits of their inclusion.

(2) EFFECTIVE DATE.—The regulations under paragraph (1)

shall take effect 270 days after the Secretary submits proposed

regulations to Congress pursuant to paragraph (1), except to

the extent that the effective date is revised or the regulation

is otherwise modified or disapproved by an Act of Congress.

TITLE VIII—ASSISTANCE TO LAW

ENFORCEMENT

Subtitle A—Resources and Security

SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

The Attorney General and the Secretary of the Treasury are

authorized to support law enforcement training activities in foreign
S. 735—92

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

SEC. 802. SENSE OF CONGRESS.

It is the sense of the Congress that, whenever practicable,

each recipient of any sum authorized to be appropriated by this

Act, should use the money to purchase American-made products.

SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE

DISTRICT OF COLUMBIA.

The Attorney General and the Secretary of the Treasury may

prohibit—

(1) any vehicles from parking or standing on any street

or roadway adjacent to any building in the District of Columbia

used by law enforcement authorities subject to their jurisdiction, that is in whole or in part owned, possessed, or leased

to the Federal Government; and

(2) any person or entity from conducting business on any

property immediately adjacent to any building described in

paragraph (1).

SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

Section 2703 of title 18, United States Code, is amended by

adding at the end the following new subsection:

‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—

‘‘(1) IN GENERAL.—A provider of wire or electronic communication services or a remote computing service, upon the

request of a governmental entity, shall take all necessary steps

to preserve records and other evidence in its possession pending

the issuance of a court order or other process.

‘‘(2) PERIOD OF RETENTION.—Records referred to in paragraph (1) shall be retained for a period of 90 days, which

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

renewed request by the governmental entity.’’.

SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A

FEDERAL INTEREST COMPUTER.

(a) REVIEW.—Not later than 60 calendar days after the date

of enactment of this Act, the United States Sentencing Commission

shall review the deterrent effect of existing guideline levels as

they apply to paragraphs (4) and (5) of section 1030(a) of title

18, United States Code.

(b) REPORT.—The United States Sentencing Commission shall

prepare and transmit a report to the Congress on the findings

under the study conducted under subsection (a).

(c) AMENDMENT OF GUIDELINES.—Pursuant to its authority

under section 994(p) of title 28, United States Code, the United

States Sentencing Commission shall amend the sentencing guidelines to ensure any individual convicted of a violation of paragraph

(4) or (5) of section 1030(a) of title 18, United States Code, is

imprisoned for not less than 6 months.

SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW

ENFORCEMENT.

(a) ESTABLISHMENT.—There is established a commission to be

known as the ‘‘Commission on the Advancement of Federal Law
S. 735—93

Enforcement’’ (hereinafter in this section referred to as the

‘‘Commission’’).

(b) DUTIES.—The Commission shall review, ascertain, evaluate,

report, and recommend action to the Congress on the following

matters:

(1) The Federal law enforcement priorities for the 21st

century, including Federal law enforcement capability to investigate and deter adequately the threat of terrorism facing the

United States.

(2) In general, the manner in which significant Federal

criminal law enforcement operations are conceived, planned,

coordinated, and executed.

(3) The standards and procedures used by Federal law

enforcement to carry out significant Federal criminal law

enforcement operations, and their uniformity and compatibility

on an interagency basis, including standards related to the

use of deadly force.

(4) The investigation and handling of specific Federal criminal law enforcement cases by the United States Government

and the Federal law enforcement agencies therewith, selected

at the Commission’s discretion.

(5) The necessity for the present number of Federal law

enforcement agencies and units.

(6) The location and efficacy of the office or entity directly

responsible, aside from the President of the United States,

for the coordination on an interagency basis of the operations,

programs, and activities of all of the Federal law enforcement

agencies.

(7) The degree of assistance, training, education, and other

human resource management assets devoted to increasing

professionalism for Federal law enforcement officers.

(8) The independent accountability mechanisms that exist,

if any, and their efficacy to investigate, address, and to correct

Federal law enforcement abuses.

(9) The degree of coordination among law enforcement

agencies in the area of international crime and the extent

to which deployment of resources overseas diminishes domestic

law enforcement.

(10) The extent to which Federal law enforcement agencies

coordinate with State and local law enforcement agencies on

Federal criminal enforcement operations and programs that

directly affect a State or local law enforcement agency’s geographical jurisdiction.

(11) Such other related matters as the Commission deems

appropriate.

(c) MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.—

(1) NUMBER AND APPOINTMENT.—The Commission shall be

composed of 5 members appointed as follows:

(A) 1 member appointed by the President pro tempore

of the Senate.

(B) 1 member appointed by the minority leader of

the Senate.

(C) 1 member appointed by the Speaker of the House

of Representatives.

(D) 1 member appointed by the minority leader of

the House of Representatives.
S. 735—94

(E) 1 member (who shall chair the Commission)

appointed by the Chief Justice of the Supreme Court.

(2) DISQUALIFICATION.—A person who is an officer or

employee of the United States shall not be appointed a member

of the Commission.

(3) TERMS.—Each member shall be appointed for the life

of the Commission.

(4) QUORUM.—3 members of the Commission shall constitute a quorum but a lesser number may hold hearings.

(5) MEETINGS.—The Commission shall meet at the call

of the Chair of the Commission.

(6) COMPENSATION.—Each member of the Commission who

is not an officer or employee of the Federal Government shall

be compensated at a rate equal to the daily equivalent of

the annual rate of basic pay prescribed for level IV of the

Executive Schedule under section 5315 of title 5, United States

Code, for each day, including travel time, during which the

member is engaged in the performance of the duties of the

Commission.

(d) STAFFING AND SUPPORT FUNCTIONS.—

(1) DIRECTOR.—The Commission shall have a director who

shall be appointed by the Chair of the Commission.

(2) STAFF.—Subject to rules prescribed by the Commission,

the Director may appoint additional personnel as the Commission considers appropriate.

(3) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The

Director and staff of the Commission shall be appointed subject

to the provisions of title 5, United States Code, governing

appointments in the competitive service, and shall be paid

in accordance with the provisions of chapter 51 and subchapter

III of chapter 53 of that title relating to classification and

General Schedule pay rates.

(e) POWERS.—

(1) HEARINGS AND SESSIONS.—The Commission may, for

the purposes of carrying out this Act, hold hearings, sit and

act at times and places, take testimony, and receive evidence

as the Commission considers appropriate. The Commission may

administer oaths or affirmations to witnesses appearing before

it. The Commission may establish rules for its proceedings.

(2) POWERS OF MEMBERS AND AGENTS.—Any member or

agent of the Commission may, if authorized by the Commission,

take any action which the Commission is authorized to take

by this section.

(3) OBTAINING OFFICIAL DATA.—The Commission may

secure directly from any department or agency of the United

States information necessary to enable it to carry out this

section. Upon request of the Chair of the Commission, the

head of that department or agency shall furnish that information to the Commission, unless doing so would threaten the

national security, the health or safety of any individual, or

the integrity of an ongoing investigation.

(4) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request

of the Commission, the Administrator of General Services shall

provide to the Commission, on a reimbursable basis, the

administrative support services necessary for the Commission

to carry out its responsibilities under this title.
S. 735—95

(f) REPORT.—The Commission shall transmit a report to the

Congress and the public not later than 2 years after a quorum

of the Commission has been appointed. The report shall contain

a detailed statement of the findings and conclusions of the Commission, together with the Commission’s recommendations for such

actions as the Commission considers appropriate.

(g) TERMINATION.—The Commission shall terminate 30 days

after submitting the report required by this section.

SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED

STATES CURRENCY.

(a) IN GENERAL.—The Secretary of the Treasury (hereafter

in this section referred to as the ‘‘Secretary’’), in consultation with

the advanced counterfeit deterrence steering committee, shall—

(1) study the use and holding of United States currency

in foreign countries; and

(2) develop useful estimates of the amount of counterfeit

United States currency that circulates outside the United States

each year.

(b) EVALUATION AUDIT PLAN.—

(1) IN GENERAL.—The Secretary shall develop an effective

international evaluation audit plan that is designed to enable

the Secretary to carry out the duties described in subsection

(a) on a regular and thorough basis.

(2) SUBMISSION OF DETAILED WRITTEN SUMMARY.—The Secretary shall submit a detailed written summary of the evaluation audit plan developed pursuant to paragraph (1) to the

Congress before the end of the 6-month period beginning on

the date of the enactment of this Act.

(3) FIRST EVALUATION AUDIT UNDER PLAN.—The Secretary

shall begin the first evaluation audit pursuant to the evaluation

audit plan no later than the end of the 1-year period beginning

on the date of the enactment of this Act.

(4) SUBSEQUENT EVALUATION AUDITS.—At least 1 evaluation

audit shall be performed pursuant to the evaluation audit plan

during each 3-year period beginning after the date of the

commencement of the evaluation audit referred to in paragraph

(3).

(c) REPORTS.—

(1) IN GENERAL.—The Secretary shall submit a written

report to the Committee on Banking and Financial Services

of the House of Representatives and the Committee on Banking,

Housing, and Urban Affairs of the Senate on the results of

each evaluation audit conducted pursuant to subsection (b)

within 90 days after the completion of the evaluation audit.

(2) CONTENTS.—In addition to such other information as

the Secretary may determine to be appropriate, each report

submitted to the Congress pursuant to paragraph (1) shall

include the following information:

(A) A detailed description of the evaluation audit process and the methods used to develop estimates of the

amount of counterfeit United States currency in circulation

outside the United States.

(B) The method used to determine the currency sample

examined in connection with the evaluation audit and a

statistical analysis of the sample examined.
S. 735—96

(C) A list of the regions of the world, types of financial

institutions, and other entities included.

(D) An estimate of the total amount of United States

currency found in each region of the world.

(E) The total amount of counterfeit United States currency and the total quantity of each counterfeit denomination found in each region of the world.

(3) CLASSIFICATION OF INFORMATION.—

(A) IN GENERAL.—To the greatest extent possible, each

report submitted to the Congress under this subsection

shall be submitted in an unclassified form.

(B) CLASSIFIED AND UNCLASSIFIED FORMS.—If, in the

interest of submitting a complete report under this subsection, the Secretary determines that it is necessary to

include classified information in the report, the report shall

be submitted in a classified and an unclassified form.

(d) SUNSET PROVISION.—This section shall cease to be effective

as of the end of the 10-year period beginning on the date of the

enactment of this Act.

(e) RULE OF CONSTRUCTION.—No provision of this section shall

be construed as authorizing any entity to conduct investigations

of counterfeit United States currency.

(f) FINDINGS.—The Congress hereby finds the following:

(1) United States currency is being counterfeited outside

the United States.

(2) The One Hundred Third Congress enacted, with the

approval of the President on September 13, 1994, section 470

of title 18, United States Code, making such activity a crime

under the laws of the United States.

(3) The expeditious posting of agents of the United States

Secret Service to overseas posts, which is necessary for the

effective enforcement of section 470 and related criminal provisions, has been delayed.

(4) While section 470 of title 18, United States Code, provides for a maximum term of imprisonment of 20 years as

opposed to a maximum term of 15 years for domestic counterfeiting, the United States Sentencing Commission has failed

to provide, in its sentencing guidelines, for an appropriate

enhancement of punishment for defendants convicted of

counterfeiting United States currency outside the United

States.

(g) TIMELY CONSIDERATION OF REQUESTS FOR CONCURRENCE

IN CREATION OF OVERSEAS POSTS.—

(1) IN GENERAL.—The Secretary of State shall—

(A) consider in a timely manner the request by the

Secretary of the Treasury for the placement of such number

of agents of the United States Secret Service as the Secretary of the Treasury considers appropriate in posts in

overseas embassies; and

(B) reach an agreement with the Secretary of the

Treasury on such posts as soon as possible and, in any

event, not later than December 31, 1996.

(2) COOPERATION OF TREASURY REQUIRED.—The Secretary

of the Treasury shall promptly provide any information

requested by the Secretary of State in connection with such

requests.
S. 735—97

(3) REPORTS REQUIRED.—The Secretary of the Treasury

and the Secretary of State shall each submit, by February

1, 1997, a written report to the Committee on Banking and

Financial Services of the House of Representatives and the

Committee on Banking, Housing, and Urban Affairs of the

Senate explaining the reasons for the rejection, if any, of any

proposed post and the reasons for the failure, if any, to fill

any approved post by such date.

(h) ENHANCED PENALTIES FOR INTERNATIONAL COUNTERFEITING

OF UNITED STATES CURRENCY.—Pursuant to the authority of the

United States Sentencing Commission under section 994 of title

28, United States Code, the Commission shall amend the sentencing

guidelines prescribed by the Commission to provide an appropriate

enhancement of the punishment for a defendant convicted under

section 470 of title 18 of such Code.

SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION

OF GOVERNMENT EMPLOYEES.

(a) FINDINGS.—The Congress finds that—

(1) threats of violence and acts of violence against Federal,

State, and local government employees and their families are

increasing as the result of attempts to stop public servants

from performing their lawful duties;

(2) these acts are a danger to the constitutional form of

government of the United States; and

(3) more information is needed relating to the extent and

nature of the danger to these employees and their families

so that actions can be taken to protect public servants at

all levels of government in the performance of their duties.

(b) STATISTICS.—The Attorney General shall collect data, for

the calendar year 1990 and each succeeding calendar year thereafter, relating to crimes and incidents of threats of violence and

acts of violence against Federal, State, and local government

employees and their families in the performance of their lawful

duties. Such data shall include—

(1) in the case of crimes against such employees and their

families, the nature of the crime; and

(2) in the case of incidents of threats of violence and acts

of violence, including verbal and implicit threats against such

employees and their families, the deterrent effect on the

performance of their jobs.

(c) GUIDELINES.—The Attorney General shall establish guidelines for the collection of the data under subsection (b), including

a definition of the sufficiency of evidence of noncriminal incidents

required to be reported.

(d) USE OF DATA.—

(1) ANNUAL PUBLISHING.—The Attorney General shall publish an annual summary of the data collected under this section.

(2) USE OF DATA.—Except with respect to the summary

published under paragraph (1), data collected under this section

shall be used only for research and statistical purposes.

(e) EXEMPTION.—The Attorney General, the Secretary of State,

and the United States Secret Service is not required to participate

in any statistical reporting activity under this section with respect

to any direct or indirect threat made against any individual for

whom that official or Service is authorized to provide protection.
S. 735—98

SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF FIREARMS

AND AMMUNITION.

(a) The Secretary of the Treasury, in conjunction with the

Attorney General, shall conduct a study and make recommendations

concerning—(1) the extent and nature of the deaths and serious injuries,

in the line of duty during the last decade, for law enforcement

officers, including— (A) those officers who were feloniously killed or seriously injured and those that died or were seriously injured

as a result of accidents or other non-felonious causes;

(B) those officers feloniously killed or seriously injured

with firearms, those killed or seriously injured with, separately, handguns firing handgun caliber ammunition, handguns firing rifle caliber ammunition, rifles firing rifle caliber ammunition, rifles firing handgun caliber ammunition

and shotguns; (C) those officers feloniously killed or seriously injured

with firearms, and killings or serious injuries committed

with firearms taken by officers’ assailants from officers,

and those committed with other officers’ firearms; and

(D) those killed or seriously injured because shots

attributable to projectiles defined as ‘‘armor piercing

ammunition’’ under section 921(a)(17)(B) (i) and (ii) of title

18, United States Code, pierced the protective material

of bullet resistant vests and bullet resistant headgear;

(2) whether current passive defensive strategies, such as

body armor, are adequate to counter the criminal use of firearms against law officers; and

(3) the calibers of ammunition that are—

(A) sold in the greatest quantities;

(B) their common uses, according to consultations with

industry, sporting organizations and law enforcement;

(C) the calibers commonly used for civilian defensive

or sporting uses that would be affected by any prohibition

on non-law enforcement sales of such ammunition, if such

ammunition is capable of penetrating minimum level bullet

resistant vests; and

(D) recommendations for increase in body armor

capabilities to further protect law enforcement from threat.

(b) In conducting the study, the Secretary shall consult with

other Federal, State and local officials, non-governmental organizations, including all national police organizations, national sporting

organizations and national industry associations with expertise in

this area and such other individuals as shall be deemed necessary.

Such study shall be presented to Congress twelve months after

the enactment of this Act and made available to the public, including any data tapes or data used to form such recommendations.

(c) There are authorized to be appropriated for the study and

recommendations such sums as may be necessary.

SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.

(a) STUDY.—The Attorney General and the Director of the Federal Bureau of Investigation shall study all applicable laws and

guidelines relating to electronic surveillance and the use of pen

registers and other trap and trace devices.
S. 735—99

(b) REPORT.—Not later than 90 days after the date of enactment

of this Act, the Attorney General shall submit a report to the

Congress that includes—

(1) the findings of the study conducted pursuant to subsection (a);

(2) recommendations for the use of electronic devices in

conducting surveillance of terrorist or other criminal organizations, and for any modifications in the law necessary to enable

the Federal Government to fulfill its law enforcement responsibilities within appropriate constitutional parameters;

(3) a summary of instances in which Federal law enforcement authorities may have abused electronic surveillance powers and recommendations, if needed, for constitutional safeguards relating to the use of such powers; and

(4) a summary of efforts to use current wiretap authority,

including detailed examples of situations in which expanded

authority would have enabled law enforcement authorities to

fulfill their responsibilities.

Subtitle B—Funding Authorizations for

Law Enforcement

SEC. 811. FEDERAL BUREAU OF INVESTIGATION.

(a) IN GENERAL.—With funds made available pursuant to subsection (c)—

(1) the Attorney General shall— (A) provide support and enhance the technical support

center and tactical operations of the Federal Bureau of

Investigation; (B) create a Federal Bureau of Investigation

counterterrorism and counterintelligence fund for costs

associated with the investigation of cases involving cases

of terrorism;

(C) expand and improve the instructional, operational

support, and construction of the Federal Bureau of Investigation Academy; (D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide

for a command center;

(E) make grants to States to carry out the activities described in subsection (b); and

(F) increase personnel to support counterterrorism

activities; and

(2) the Director of the Federal Bureau of Investigation

may expand the combined DNA Identification System (CODIS)

to include Federal crimes and crimes committed in the District

of Columbia.

(b) STATE GRANTS.—

(1) AUTHORIZATION.—The Attorney General, in consultation

with the Director of the Federal Bureau of Investigation, may

make grants to each State eligible under paragraph (2) to

be used by the chief executive officer of the State, in conjunction

with units of local government, other States, or any combination

thereof, to carry out all or part of a program to establish,

develop, update, or upgrade—
S. 735—100

(A) computerized identification systems that are

compatible and integrated with the databases of the

National Crime Information Center of the Federal Bureau

of Investigation;

(B) the capability to analyze deoxyribonucleic acid

(DNA) in a forensic laboratory in ways that are compatible

and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and

(C) automated fingerprint identification systems that

are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the

Federal Bureau of Investigation.

(2) ELIGIBILITY.—To be eligible to receive a grant under

this subsection, a State shall require that each person convicted

of a felony of a sexual nature shall provide to appropriate

State law enforcement officials, as designated by the chief

executive officer of the State, a sample of blood, saliva, or

other specimen necessary to conduct a DNA analysis consistent

with the standards established for DNA testing by the Director

of the Federal Bureau of Investigation.

(3) INTERSTATE COMPACTS.—A State may enter into a compact or compacts with another State or States to carry out

this subsection.

(c) AUTHORIZATION OF APPROPRIATIONS.—

(1) IN GENERAL.—There are authorized to be appropriated

for the activities of the Federal Bureau of Investigation, to

help meet the increased demands for activities to combat terrorism—

(A) $114,000,000 for fiscal year 1997;

(B) $166,000,000 for fiscal year 1998;

(C) $96,000,000 for fiscal year 1999; and

(D) $92,000,000 for fiscal year 2000.

(2) AVAILABILITY OF FUNDS.—Funds made available pursuant to paragraph (1), in any fiscal year, shall remain available

until expended.

(3) ALLOCATION.—

(A) IN GENERAL.—Of the total amount appropriated

to carry out subsection (b) in a fiscal year—

(i) the greater of 0.25 percent of such amount

or $500,000 shall be allocated to each eligible State;

and

(ii) of the total funds remaining after the allocation

under clause (i), there shall be allocated to each State

an amount which bears the same ratio to the amount

of remaining funds described in this subparagraph as

the population of such State bears to the population

of all States.

(B) DEFINITION.—For purposes of this paragraph, the

term ‘‘State’’ means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico,

the Virgin Islands, American Samoa, Guam, and the

Commonwealth of the Northern Mariana Islands, except

that for purposes of the allocation under this subparagraph,

American Samoa and the Commonwealth of the Northern

Mariana Islands shall be considered as one State and that

for these purposes, 67 percent of the amounts allocated
S. 735—101

shall be allocated to American Samoa, and 33 percent

to the Commonwealth of the Northern Mariana Islands.

SEC. 812. UNITED STATES CUSTOMS SERVICE.

(a) IN GENERAL.—There are authorized to be appropriated for

the activities of the United States Customs Service, to help meet

the increased needs of the United States Customs Service—

(1) $8,000,000 for fiscal year 1997;

(2) $8,000,000 for fiscal year 1998;

(3) $8,000,000 for fiscal year 1999; and

(4) $7,000,000 for fiscal year 2000.

(b) AVAILABILITY OF FUNDS.—Funds made available pursuant

to subsection (a), in any fiscal year, shall remain available until

expended.

SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.

(a) IN GENERAL.—There are authorized to be appropriated for

the activities of the Immigration and Naturalization Service, to

help meet the increased needs of the Immigration and Naturalization Service, including the detention and removal of alien terrorists,

$5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000.

(b) AVAILABILITY OF FUNDS.—Funds made available pursuant

to subsection (a), in any fiscal year, shall remain available until

expended.

SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.

(a) ACTIVITIES OF DRUG ENFORCEMENT ADMINISTRATION.—The

Attorney General shall use funds made available pursuant to subsection (b) to—

(1) fund antiviolence crime initiatives;

(2) fund initiatives to address major violators of Federal

antidrug statutes; and (3) enhance or replace infrastructure of the Drug Enforcement Administration.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Drug Enforcement Administration, to

help meet the increased needs of the Drug Enforcement Administration—

(1) $35,000,000 for fiscal year 1997;

(2) $40,000,000 for fiscal year 1998;

(3) $45,000,000 for fiscal year 1999; and

(4) $52,000,000 for fiscal year 2000. (c) AVAILABILITY OF FUNDS.—Funds made available pursuant

to this section, in any fiscal year, shall remain available until

expended.

SEC. 815. DEPARTMENT OF JUSTICE.

(a) IN GENERAL.—The Attorney General shall use funds made

available pursuant to subsection (b) to—

(1) hire additional Assistant United States Attorneys and

attorneys within the Criminal Division of the Department of

Justice; and

(2) provide for increased security at courthouses and other

facilities in which Federal workers are employed.

(b) AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.—There are

authorized to be appropriated to carry out this section—

(1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;
S. 735—102

(3) $10,000,000 for fiscal year 1999; and

(4) $11,000,000 for fiscal year 2000.

(c) AVAILABILITY OF FUNDS.—Funds made available pursuant

to this section, in any fiscal year, shall remain available until

expended.

(d) EXEMPTION AUTHORITY.—Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related

Agencies Appropriations Act, 1993 (Public Law 102–395), shall

remain in effect until specifically repealed, subject to any limitation

on appropriations contained in any Department of Justice Appropriation Authorization Act.

(e) GENERAL REWARD AUTHORITY OF THE ATTORNEY GENERAL.—

(1) IN GENERAL.—Chapter 203 of title 18, United States

Code, is amended by adding immediately after section 3059A

the following section:

‘‘§ 3059B. General reward authority

‘‘(a) Notwithstanding any other provision of law, the Attorney

General may pay rewards and receive from any department or

agency funds for the payment of rewards under this section to

any individual who assists the Department of Justice in performing

its functions.

‘‘(b) Not later than 30 days after authorizing a reward under

this section that exceeds $100,000, the Attorney General shall give

notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and

the House of Representatives.

‘‘(c) A determination made by the Attorney General to authorize

an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial

review.’’.

SEC. 816. DEPARTMENT OF THE TREASURY.

(a) IN GENERAL.—There are authorized to be appropriated for

Department of Treasury law enforcement agencies engaged in

counterterrorism efforts to augment those efforts—

(1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;

(3) $10,000,000 for fiscal year 1999; and

(4) $10,000,000 for fiscal year 2000.

(b) UNITED STATES SECRET SERVICE.—There are authorized

to be appropriated for the activities of the United States Secret

Service, to augment White House security and expand Presidential

protection activities—

(1) $11,000,000 for fiscal year 1997;

(2) $11,000,000 for fiscal year 1998;

(3) $13,000,000 for fiscal year 1999; and

(4) $15,000,000 for fiscal year 2000.

SEC. 817. UNITED STATES PARK POLICE.

(a) IN GENERAL.—There are authorized to be appropriated for

the activities of the United States Park Police, to help meet the

increased needs of the United States Park Police, $500,000 for

each of the fiscal years 1997, 1998, 1999, and 2000.

(b) AVAILABILITY OF FUNDS.—Funds made available pursuant

to this section, in any fiscal year, shall remain available until

expended.
S. 735—103

SEC. 818. THE JUDICIARY.

(a) IN GENERAL.—There are authorized to be appropriated to

the Federal judiciary, to help meet the increased demands for

judicial branch activities, including supervised release, and pretrial

and probation services, resulting from the enactment of this Act— (1) $10,000,000 for fiscal year 1997;

(2) $10,000,000 for fiscal year 1998;

(3) $10,000,000 for fiscal year 1999; and

(4) $11,000,000 for fiscal year 2000. (b) AVAILABILITY OF FUNDS.—Funds made available pursuant

to this section, in any fiscal year, shall remain available until

expended.

SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

(a) GRANT AUTHORIZATION.—The Attorney General, in consultation with the Director of the Federal Emergency Management

Agency, may make grants to provide specialized training and equipment to enhance the capability of metropolitan fire and emergency

service departments to respond to terrorist attacks.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated for fiscal year 1997, $5,000,000 to carry out

this section.

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

There are authorized to be appropriated to the National

Institute of Justice Office of Science and Technology not more

than $10,000,000 for each of the fiscal years 1997 and 1998 to

provide assistance to foreign countries facing an imminent danger

of terrorist attack that threatens the national interest of the United

States, or puts United States nationals at risk, in—

(1) obtaining explosive detection devices and other

counterterrorism technology;

(2) conducting research and development projects on such

technology; and

(3) testing and evaluating counterterrorism technologies

in those countries.

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

There are authorized to be appropriated to the National

Institute of Justice Office of Science and Technology not more

than $10,000,000 for fiscal year 1997, to— (1) develop technologies that can be used to combat terrorism, including technologies in the areas of—

(A) detection of weapons, explosives, chemicals, and

persons;

(B) tracking;

(C) surveillance;

(D) vulnerability assessment; and

(E) information technologies;

(2) develop standards to ensure the adequacy of products

produced and compatibility with relevant national systems; and

(3) identify and assess requirements for technologies to

assist State and local law enforcement in the national program

to combat terrorism.
S. 735—104

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

TRAINING AND EQUIPMENT.

(a) AMENDMENT OF BYRNE GRANT PROGRAM.—Section 501(b)

of the Omnibus Crime Control and Safe Streets Act of 1968 (42

U.S.C. 3751(b)) is amended—

(1) by striking ‘‘and’’ at the end of paragraph (24);

(2) by striking the period at the end of paragraph (25) and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph:

‘‘(26) to develop and implement antiterrorism training pro- grams and to procure equipment for use by local law enforcement authorities.’’.

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated $25,000,000 for each of fiscal years 1997 through

2000 for grants under section 501 of the Omnibus Crime Control

and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) to be used for

the development and implementation of antiterrorism training programs and to procure equipment for use by local law enforcement

authorities.

SEC. 823. FUNDING SOURCE.

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

TITLE IX—MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

(a) TERRITORIAL SEA EXTENDING TO TWELVE MILES INCLUDED

IN SPECIAL MARITIME AND TERRITORIAL JURISDICTION.—The Congress declares that all the territorial sea of the United States,

as defined by Presidential Proclamation 5928 of December 27, 1988,

for purposes of Federal criminal jurisdiction is part of the United

States, subject to its sovereignty, and is within the special maritime

and territorial jurisdiction of the United States for the purposes

of title 18, United States Code.

(b) ASSIMILATED CRIMES IN EXTENDED TERRITORIAL SEA.—Section 13 of title 18, United States Code, is amended—

(1) in subsection (a), by inserting after ‘‘title,’’ the following: ‘‘or on, above, or below any portion of the territorial sea of

the United States not within the jurisdiction of any State,

Commonwealth, territory, possession, or district’’; and (2) by adding at the end the following new subsection: ‘‘(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace

above and the seabed and subsoil below, and artificial islands

and fixed structures erected thereon) shall be deemed, for purposes

of subsection (a), to lie within the area of the State, Commonwealth,

territory, possession, or district that it would lie within if the

boundaries of such State, Commonwealth, territory, possession, or

district were extended seaward to the outer limit of the territorial

sea of the United States.’’.

SEC. 902. PROOF OF CITIZENSHIP.

Notwithstanding any other provision of law, a Federal, State, or local government agency may not use a voter registration card

(or other related document) that evidences registration for an elec-
S. 735—105

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

SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.

(a) IN GENERAL.—Section 3006A of title 18, United States Code,

is amended—

(1) in subsection (d)—

(A) by redesignating paragraphs (4), (5), and (6) as

paragraphs (5), (6), and (7), respectively; and

(B) by inserting after paragraph (3) the following:

‘‘(4) DISCLOSURE OF FEES.—The amounts paid under this

subsection, for representation in any case, shall be made available to the public.’’; and

(2) in subsection (e) by adding at the end the following:

‘‘(4) DISCLOSURE OF FEES.—The amounts paid under this

subsection for services in any case shall be made available

to the public.’’.

(b) FEES AND EXPENSES AND CAPITAL CASES.—Section

408(q)(10) of the Controlled Substances Act (21 U.S.C. 848(q)(10))

is amended to read as follows:

‘‘(10)(A) Compensation shall be paid to attorneys appointed

under this subsection at a rate of not more than $125 per hour

for in-court and out-of-court time. Not less than 3 years after

the date of the enactment of the Antiterrorism and Effective Death

Penalty Act of 1996, the Judicial Conference is authorized to raise

the maximum for hourly payment specified in the paragraph up

to the aggregate of the overall average percentages of the adjustments in the rates of pay for the General Schedule made pursuant

to section 5305 of title 5 on or after such date. After the rates

are raised under the preceding sentence, such hourly range may

be raised at intervals of not less than one year, up to the aggregate

of the overall average percentages of such adjustments made since

the last raise under this paragraph.

‘‘(B) Fees and expenses paid for investigative, expert, and other

reasonably necessary services authorized under paragraph (9) shall

not exceed $7,500 in any case, unless payment in excess of that

limit is certified by the court, or by the United States magistrate

judge, if the services were rendered in connection with the case

disposed of entirely before such magistrate judge, as necessary

to provide fair compensation for services of an unusual character

or duration, and the amount of the excess payment is approved

by the chief judge of the circuit. The chief judge of the circuit

may delegate such approval authority to an active circuit judge.

‘‘(C) The amounts paid under this paragraph for services in

any case shall be disclosed to the public, after the disposition

of the petition.’’.

(c) EFFECTIVE DATE.—The amendments made by this section

apply to—

(1) cases commenced on or after the date of the enactment

of this Act; and

(2) appellate proceedings, in which an appeal is perfected,

on or after the date of the enactment of this Act.
S. 735—106

SEC. 904. SEVERABILITY.

If any provision of this Act, an amendment made by this

Act, or the application of such provision or amendment to any

person or circumstance is held to be unconstitutional, the remainder

of this Act, the amendments made by this Act, and the application

of the provisions of such to any person or circumstance shall not

be affected thereby.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.