104TH CONGRESS

2D SESSION S. 735

AMENDMENTS
In the House of Representatives, U. S.,

March 14, 1996.

Resolved, That the bill from the Senate (S. 735) entitled

‘‘An Act to prevent and punish acts of terrorism, and for

other purposes’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause, and insert:
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Effective Death Penalty

3 and Public Safety Act of 1996’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—CRIMINAL ACTS

Sec. 101. Protection of Federal employees.

Sec. 102. Prohibiting material support to terrorist organizations.

Sec. 103. Modification of material support provision.

Sec. 104. Acts of terrorism transcending national boundaries.

Sec. 105. Conspiracy to harm people and property overseas.

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

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

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

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

Sec. 110. Clarification of maritime violence jurisdiction.

Sec. 111. Possession of stolen explosives prohibited.

Sec. 112. Study and recommendations for assessing and reducing the threat to

law enforcement officers from the criminal use of firearms and

ammunition.

TITLE II—INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses.

Sec. 202. Increased penalty for explosive conspiracies.

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

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

used to commit a crime of violence.

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

it will be used to commit a crime of violence.

Sec. 206. Directions to Sentencing Commission.

Sec. 207. Amendment of sentencing guidelines to provide for enhanced penalties

for a defendant who commits a crime while in possession of a

firearm with a laser sighting device.

TITLE III—INVESTIGATIVE TOOLS

Sec. 301. Study of tagging explosive materials, detection of explosives and explosive materials, rendering explosive components inert, and imposing controls of precursors of explosives.

Sec. 302. Exclusion of certain types of information from wiretap-related definitions.

Sec. 303. Requirement to preserve record evidence.

Sec. 304. Detention hearing.

Sec. 305. Protection of Federal Government buildings in the District of Columbia.

Sec. 306. Study of thefts from armories; report to the Congress.
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TITLE IV—NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V—CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.

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

Sec. 503. Criminal sanctions.

Sec. 504. Exceptions.

Sec. 505. Effective date.

TITLE VI—IMMIGRATION-RELATED PROVISIONS

Subtitle A—Removal of Alien Terrorists

PART 1—REMOVAL PROCEDURES FOR ALIEN TERRORISTS

Sec. 601. Funding for detention and removal of alien terrorists.

PART 2—EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

Sec. 611. Denial of asylum to alien terrorists.

Sec. 612. Denial of other relief for alien terrorists.

Subtitle B—Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers.

Sec. 622. Judicial review.

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

Subtitle C—Improved Information and Processing

PART 1—IMMIGRATION PROCEDURES

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

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

PART 2—ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

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

Sec. 642. Subpoenas for bank records.

Sec. 643. Effective date.

Subtitle D—Employee Verification by Security Services Companies

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

Subtitle E—Criminal Alien Deportation Improvements

Sec. 661. Short title.

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

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

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

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

Sec. 666. Criminal alien identification system.
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Sec. 667. Establishing certain alien smuggling-related crimes as RICO-predicate

offenses.

Sec. 668. Authority for alien smuggling investigations.

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

Sec. 670. Miscellaneous provisions.

Sec. 671. Construction of expedited deportation requirements.

Sec. 672. Study of prisoner transfer treaty with Mexico.

Sec. 673. Justice Department assistance in bringing to justice aliens who flee

prosecution for crimes in the United States.

Sec. 674. Prisoner transfer treaties.

Sec. 675. Interior repatriation program.

Sec. 676. Deportation of nonviolent offenders prior to completion of sentence of

imprisonment.

Sec. 677. Authorizing state and local law enforcement officials to arrest and detain certain illegal aliens.

TITLE VII—AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.

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

other counter-terrorism technology.

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

Sec. 704. Sense of Congress.

TITLE VIII—MISCELLANEOUS

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

explosives.

Sec. 802. Compensation of victims of terrorism.

Sec. 803. Jurisdiction for lawsuits against terrorist states.

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

bombs, destructive devices, and weapons of mass destruction.

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

Sec. 806. Victim Restitution Act of 1995.

Sec. 807. Overseas law enforcement training activities.

Sec. 808. Closed circuit televised court proceedings for victims of crime.

Sec. 809. Authorization of appropriations.

TITLE IX—HABEAS CORPUS REFORM

Sec. 901. Filing deadlines.

Sec. 902. Appeal.

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

Sec. 904. Section 2254 amendments.

Sec. 905. Section 2255 amendments.

Sec. 906. Limits on second or successive applications.

Sec. 907. Death penalty litigation procedures.

Sec. 908. Technical amendment.

Sec. 909. Severability.

TITLE X—INTERNATIONAL COUNTERFEITING

Sec. 1001. Short title.

Sec. 1002. Audits of international counterfeiting of United States currency.

Sec. 1003. Law enforcement and sentencing provisions relating to international

counterfeiting of United States currency.
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TITLE XI—BIOLOGICAL WEAPONS RESTRICTIONS

Sec. 1101. Short title.

Sec. 1102. Attempts to acquire under false pretenses.

Sec. 1103. Inclusion of recombinant molecules.

Sec. 1104. Definitions.

Sec. 1105. Threatening use of certain weapons.

Sec. 1106. Inclusions of recombinant molecules and biological organisms in definition.

TITLE XII—COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW

ENFORCEMENT

Sec. 1201. Establishment.

Sec. 1202. Duties.

Sec. 1203. Membership and administrative provisions.

Sec. 1204. Staffing and support functions.

Sec. 1205. Powers.

Sec. 1206. Report.

Sec. 1207. Termination.

TITLE XIII—REPRESENTATION FEES

Sec. 1301. Representation fees in criminal cases.

TITLE XIV—DEATH PENALTY AGGRAVATING FACTOR

Sec. 1401. Death penalty aggravating factor.

TITLE XV—FINANCIAL TRANSACTIONS WITH TERRORISTS

Sec. 1501. Financial transactions with terrorists.

1 TITLE I—CRIMINAL ACTS

2 SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

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

4 States Code, is amended to read as follows:

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

6 United States

7 ‘‘Whoever kills or attempts to kill any officer or em8 ployee of the United States or of any agency in any branch

9 of the United States Government (including any member

10 of the uniformed services) while such officer or employee is

11 engaged in or on account of the performance of official du-
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1 ties, or any person assisting such an officer or employee

2 in the performance of such duties or on account of that as3 sistance, shall be punished, in the case of murder, as pro4 vided under section 1111, or in the case of manslaughter,

5 as provided under section 1112, or, in the case of attempted

6 murder or manslaughter, as provided in section 1113.’’.

7 (b) THREATS AGAINST FORMER OFFICERS AND EM8 PLOYEES.—Section 115(a)(2) of title 18, United States

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

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

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

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

13 SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST

14 ORGANIZATIONS.

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

16 United States Code, that relates to terrorism is amended

17 by adding at the end the following:

18 ‘‘§ 2339B. Providing material support to terrorist or19 ganizations

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

21 knowingly provides material support or resources in or af22 fecting interstate or foreign commerce, to any organization

23 which the person knows is a terrorist organization that has

24 been designated under section 212(a)(3)(B)(iv) of the Immi25 gration and Nationality Act as a terrorist organization
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1 shall be fined under this title or imprisoned not more than

2 10 years, or both.

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

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

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

6 (b) CLERICAL AMENDMENT.—The table of sections at

7 the beginning of chapter 113B of title 18, United States

8 Code, is amended by adding at the end the following new

9 item:

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

10 SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVI11 SION.

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

13 amended read as follows:

14 ‘‘§ 2339A. Providing material support to terrorists

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

16 provides material support or resources or conceals or dis17 guises the nature, location, source, or ownership of material

18 support or resources, knowing or intending that they are

19 to be used in preparation for or in carrying out, a violation

20 of section 32, 37, 81, 175, 351, 831, 842 (m) or (n), 844

21 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366,

22 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or

23 2340A of this title or section 46502 of title 49, or in prepa24 ration for or in carrying out the concealment or an escape
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1 from the commission of any such violation, shall be fined

2 under this title, imprisoned not more than 10 years, or both.

3 ‘‘(b) DEFINITION.—In this section, the term ‘material

4 support or resources’ means currency or other financial se5 curities, financial services, lodging, training, safehouses,

6 false documentation or identification, communications

7 equipment, facilities, weapons, lethal substances, explosives,

8 personnel, transportation, and other physical assets, except

9 medicine or religious materials.’’.

10 SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL

11 BOUNDARIES.

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

13 amended by inserting after section 2332a the following:

14 ‘‘§ 2332b. Acts of terrorism transcending national

15 boundaries

16 ‘‘(a) PROHIBITED ACTS.—

17 ‘‘(1) Whoever, involving any conduct transcend18 ing national boundaries and in a circumstance de19 scribed in subsection (b)—

20 ‘‘(A) kills, kidnaps, maims, commits an as21 sault resulting in serious bodily injury, or as22 saults with a dangerous weapon any individual

23 within the United States; or

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

25 bodily injury to any other person by destroying
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1 or damaging any structure, conveyance, or other

2 real or personal property within the United

3 States or by attempting or conspiring to destroy

4 or damage any structure, conveyance, or other

5 real or personal property within the United

6 States;

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

8 States shall be punished as prescribed in subsection

9 (c).

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

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

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

13 ‘‘(b) JURISDICTIONAL BASES.—The circumstances re14 ferred to in subsection (a) are—

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

16 mail or any facility of, interstate or foreign commerce

17 in furtherance of the offense or to escape apprehension

18 after the commission of the offense;

19 ‘‘(2) the offense obstructs, delays, or affects inter20 state or foreign commerce, or would have so ob21 structed, delayed, or affected interstate or foreign

22 commerce if the offense had been consummated;

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

24 States Government, a member of the uniformed serv25 ices, or any official, officer, employee, or agent of the
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1 legislative, executive, or judicial branches, or of any

2 department or agency, of the United States;

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

4 personal property is, in whole or in part, owned, pos5 sessed, used by, or leased to the United States, or any

6 department or agency thereof;

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

8 sea (including the airspace above and the seabed and

9 subsoil below, and artificial islands and fixed struc10 tures erected thereon) of the United States; or

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

12 within the United States that are in the special mari13 time and territorial jurisdiction of the United States.

14 Jurisdiction shall exist over all principals and co-conspira15 tors of an offense under this section, and accessories after

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

17 of such circumstances is applicable to at least one offender.

18 ‘‘(c) PENALTIES.—

19 ‘‘(1) Whoever violates this section shall be pun20 ished—

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

22 person from any other conduct prohibited by this

23 section by death, or by imprisonment for any

24 term of years or for life;
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1 ‘‘(B) for kidnapping, by imprisonment for

2 any term of years or for life;

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

4 more than 35 years;

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

6 or assault resulting in serious bodily injury, by

7 imprisonment for not more than 30 years;

8 ‘‘(E) for destroying or damaging any struc9 ture, conveyance, or other real or personal prop10 erty, by imprisonment for not more than 25

11 years;

12 ‘‘(F) for attempting or conspiring to com13 mit an offense, for any term of years up to the

14 maximum punishment that would have applied

15 had the offense been completed; and

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

17 under this section, by imprisonment for not more

18 than 10 years.

19 ‘‘(2) Notwithstanding any other provision of law,

20 the court shall not place on probation any person con21 victed of a violation of this section; nor shall the term

22 of imprisonment imposed under this section run con23 currently with any other term of imprisonment.

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

25 shall be sought nor any information filed for any offense
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1 described in this section until the Attorney General, or the

2 highest ranking subordinate of the Attorney General with

3 responsibility for criminal prosecutions, makes a written

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

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

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

7 ‘‘(e) PROOF REQUIREMENTS.—

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

9 knowledge by any defendant of a jurisdictional base

10 alleged in the indictment.

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

12 based upon the adoption of State law, only the ele13 ments of the offense under State law, and not any

14 provisions pertaining to criminal procedure or evi15 dence, are adopted.

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

17 extraterritorial Federal jurisdiction—

18 ‘‘(1) over any offense under subsection (a), in19 cluding any threat, attempt, or conspiracy to commit

20 such offense; and

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

22 title, renders any person an accessory after the fact

23 to an offense under subsection (a).

24 ‘‘(g) DEFINITIONS.—As used in this section—
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1 ‘‘(1) the term ‘conduct transcending national

2 boundaries’ means conduct occurring outside the

3 United States in addition to the conduct occurring in

4 the United States;

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

6 commerce’ has the meaning given that term in section

7 1958(b)(2) of this title;

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

9 meaning prescribed in section 1365(g)(3) of this title;

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

11 States’ means all waters extending seaward to 12

12 nautical miles from the baselines of the United States

13 determined in accordance with international law; and

14 ‘‘(5) the term ‘Federal crime of terrorism’ means

15 an offense that—

16 ‘‘(A) is calculated to influence or affect the

17 conduct of government by intimidation or coer18 cion, or to retaliate against government conduct;

19 and

20 ‘‘(B) is a violation of—

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

22 of aircraft or aircraft facilities), 37 (relat23 ing to violence at international airports),

24 81 (relating to arson within special mari25 time and territorial jurisdiction), 175 (re-
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1 lating to biological weapons), 351 (relating

2 to congressional, cabinet, and Supreme

3 Court assassination, kidnapping, and as4 sault), 831 (relating to nuclear weapons),

5 842(m) or (n) (relating to plastic explo6 sives), 844(e) (relating to certain bombings),

7 844(f) or (i) (relating to arson and bombing

8 of certain property), 956 (relating to con9 spiracy to commit violent acts in foreign

10 countries), 1114 (relating to protection of

11 officers and employees of the United States),

12 1116 (relating to murder or manslaughter

13 of foreign officials, official guests, or inter14 nationally protected persons), 1203 (relat15 ing to hostage taking), 1361 (relating to in16 jury of Government property), 1362 (relat17 ing to destruction of communication lines),

18 1363 (relating to injury to buildings or

19 property within special maritime and terri20 torial jurisdiction of the United States),

21 1366 (relating to destruction of energy facil22 ity), 1751 (relating to Presidential and

23 Presidential staff assassination, kidnap24 ping, and assault), 2152 (relating to injury

25 of harbor defenses), 2155 (relating to de-
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1 struction of national defense materials,

2 premises, or utilities), 2156 (relating to

3 production of defective national defense ma4 terials, premises, or utilities), 2280 (relat5 ing to violence against maritime naviga6 tion), 2281 (relating to violence against

7 maritime fixed platforms), 2332 (relating to

8 certain homicides and violence outside the

9 United States), 2332a (relating to use of

10 weapons of mass destruction), 2332b (relat11 ing to acts of terrorism transcending na12 tional boundaries), 2339A (relating to pro13 viding material support to terrorists),

14 2339B (relating to providing material sup15 port to terrorist organizations), or 2340A

16 (relating to torture) of this title;

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

18 of nuclear facilities or fuel) of the Atomic

19 Energy Act of 1954; or

20 ‘‘(iii) section 46502 (relating to air21 craft piracy), or 60123(b) (relating to de22 struction of interstate gas or hazardous liq23 uid pipeline facility) of title 49.

24 ‘‘(h) INVESTIGATIVE AUTHORITY.—In addition to any

25 other investigatory authority with respect to violations of
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1 this title, the Attorney General shall have primary inves2 tigative responsibility for all Federal crimes of terrorism,

3 and the Secretary of the Treasury shall assist the Attorney

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

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

6 the beginning of the chapter 113B of title 18, United States

7 Code, that relates to terrorism is amended by inserting after

8 the item relating to section 2332a the following new item:

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

9 (c) STATUTE OF LIMITATIONS AMENDMENT.—Section

10 3286 of title 18, United States Code, is amended by—

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

12 non-capital offense’’;

13 (2) striking ‘‘36’’ and inserting ‘‘37’’;

14 (3) striking ‘‘2331’’ and inserting ‘‘2332’’;

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

16 (5) inserting ‘‘2332b (acts of terrorism tran17 scending national boundaries),’’ after ‘‘(use of weap18 ons of mass destruction),’’.

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

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

21 956(a), or 2332b’’ after ‘‘section 924(c)’’.

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

23 18, United States Code, is amended by striking ‘‘In addi24 tion to any other’’ and all that follows through the end of

25 the section.
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1 SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY

2 OVERSEAS.

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

4 18, United States Code, is amended to read as follows:

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

6 persons or damage property in a foreign

7 country

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

9 States, conspires with one or more other persons, regardless

10 of where such other person or persons are located, to commit

11 at any place outside the United States an act that would

12 constitute the offense of murder, kidnapping, or maiming

13 if committed in the special maritime and territorial juris14 diction of the United States shall, if any of the conspirators

15 commits an act within the jurisdiction of the United States

16 to effect any object of the conspiracy, be punished as pro17 vided in subsection (a)(2).

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

19 (a)(1) of this section is—

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

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

22 and

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

24 if the offense is conspiracy to maim.

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

26 States, conspires with one or more persons, regardless of
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1 where such other person or persons are located, to damage

2 or destroy specific property situated within a foreign coun3 try and belonging to a foreign government or to any politi4 cal subdivision thereof with which the United States is at

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

6 other public utility, public conveyance, or public structure,

7 or any religious, educational, or cultural property so situ8 ated, shall, if any of the conspirators commits an act within

9 the jurisdiction of the United States to effect any object of

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

11 (b) CLERICAL AMENDMENT.—The item relating to sec12 tion 956 in the table of sections at the beginning of chapter

13 45 of title 18, United States Code, is amended to read as

14 follows:

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

in a foreign country.’’.

15 SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL

16 JURISDICTION OVER CERTAIN TERRORISM

17 OFFENSES OVERSEAS.

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

19 United States Code, is amended—

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

21 found in the United States’’;

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

23 ‘‘(2) There is jurisdiction over the offense in paragraph

24 (1) if—
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1 ‘‘(A) a national of the United States was aboard

2 the aircraft;

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

4 States; or

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

6 United States.’’; and

7 (3) by inserting after paragraph (2) the follow8 ing:

9 ‘‘(3) For purposes of this subsection, the term ‘national

10 of the United States’ has the meaning prescribed in section

11 101(a)(22) of the Immigration and Nationality Act (8

12 U.S.C. 1101(a)(22)).’’.

13 (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILI14 TIES.—Section 32(b) of title 18, United States Code, is

15 amended—

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

17 in the United States,’’; and

18 (2) by inserting at the end the following: ‘‘There

19 is jurisdiction over an offense under this subsection if

20 a national of the United States was on board, or

21 would have been on board, the aircraft; an offender is

22 a national of the United States; or an offender is

23 afterwards found in the United States. For purposes

24 of this subsection, the term ‘national of the United
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1 States’ has the meaning prescribed in section

2 101(a)(22) of the Immigration and Nationality Act.’’.

3 (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN

4 OTHER PERSONS.—Section 1116 of title 18, United States

5 Code, is amended—

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

7 following:

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

9 meaning prescribed in section 101(a)(22) of the Im10 migration and Nationality Act (8 U.S.C.

11 1101(a)(22)).’’; and

12 (2) in subsection (c), by striking the first sen13 tence and inserting the following: ‘‘If the victim of an

14 offense under subsection (a) is an internationally pro15 tected person outside the United States, the United

16 States may exercise jurisdiction over the offense if (1)

17 the victim is a representative, officer, employee, or

18 agent of the United States, (2) an offender is a na19 tional of the United States, or (3) an offender is after20 wards found in the United States.’’.

21 (d) PROTECTION OF FOREIGN OFFICIALS AND CER22 TAIN OTHER PERSONS.—Section 112 of title 18, United

23 States Code, is amended—

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

25 the United States’,’’ before ‘‘and’’; and
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1 (2) in subsection (e), by striking the first sen2 tence and inserting the following: ‘‘If the victim of an

3 offense under subsection (a) is an internationally pro4 tected person outside the United States, the United

5 States may exercise jurisdiction over the offense if (1)

6 the victim is a representative, officer, employee, or

7 agent of the United States, (2) an offender is a na8 tional of the United States, or (3) an offender is after9 wards found in the United States.’’.

10 (e) THREATS AND EXTORTION AGAINST FOREIGN OF11 FICIALS AND CERTAIN OTHER PERSONS.—Section 878 of

12 title 18, United States Code, is amended—

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

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

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

17 offense under subsection (a) is an internationally pro18 tected person outside the United States, the United

19 States may exercise jurisdiction over the offense if (1)

20 the victim is a representative, officer, employee, or

21 agent of the United States, (2) an offender is a na22 tional of the United States, or (3) an offender is after23 wards found in the United States.’’.
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1 (f) KIDNAPPING OF INTERNATIONALLY PROTECTED

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

3 is amended—

4 (1) by striking the first sentence and inserting

5 the following: ‘‘If the victim of an offense under sub6 section (a) is an internationally protected person out7 side the United States, the United States may exercise

8 jurisdiction over the offense if (1) the victim is a rep9 resentative, officer, employee, or agent of the United

10 States, (2) an offender is a national of the United

11 States, or (3) an offender is afterwards found in the

12 United States.’’; and

13 (2) by adding at the end the following: ‘‘For pur14 poses of this subsection, the term ‘national of the

15 United States’ has the meaning prescribed in section

16 101(a)(22) of the Immigration and Nationality Act

17 (8 U.S.C. 1101(a)(22)).’’.

18 (g) VIOLENCE AT INTERNATIONAL AIRPORTS.—Section

19 37(b)(2) of title 18, United States Code, is amended—

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

21 later found in the United States’’; and

22 (2) by inserting ‘‘; or (B) an offender or a victim

23 is a national of the United States (as defined in sec24 tion 101(a)(22) of the Immigration and Nationality
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1 Act (8 U.S.C. 1101(a)(22)))’’ after ‘‘the offender is

2 later found in the United States’’.

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

4 United States Code, is amended—

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

6 (3);

7 (2) by striking the period at the end of para8 graph (4) and inserting ‘‘; and’’; and

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

10 ‘‘(5) the term ‘national of the United States’ has

11 the meaning prescribed in section 101(a)(22) of the

12 Immigration and Nationality Act (8 U.S.C.

13 1101(a)(22)).’’.

14 SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF

15 MASS DESTRUCTION STATUTE.

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

17 amended—

18 (1) in subsection (a)—

19 (A) by inserting ‘‘AGAINST A NATIONAL OR

20 WITHIN THE UNITED STATES’’ after ‘‘OF21 FENSE’’;

22 (B) by inserting ‘‘, without lawful author23 ity’’ after ‘‘A person who’’;
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1 (C) by inserting ‘‘threatens,’’ before ‘‘at2 tempts or conspires to use, a weapon of mass de3 struction’’; and

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

5 use affect interstate or foreign commerce or, in

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

7 would have affected interstate or foreign com8 merce’’ before the semicolon at the end of para9 graph (2);

10 (2) in subsection (b)(2)(A), by striking ‘‘section

11 921’’ and inserting ‘‘section 921(a)(4) (other than

12 subparagraphs (B) and (C))’’;

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

14 of paragraph (2) reads as follows:

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

16 death or serious bodily injury through the re17 lease, dissemination, or impact of toxic or poi18 sonous chemicals, or their precursors;’’;

19 (4) by redesignating subsection (b) as subsection

20 (c); and

21 (5) by inserting after subsection (a) the following

22 new subsection:

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

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

25 lawful authority and outside the United States, uses, or
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1 threatens, attempts, or conspires to use, a weapon of mass

2 destruction shall be imprisoned for any term of years or

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

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

5 SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUN6 DERING STATUTE.

7 (a) MURDER AND DESTRUCTION OF PROPERTY.—Sec8 tion 1956(c)(7)(B)(ii) of title 18, United States Code, is

9 amended by striking ‘‘or extortion;’’ and inserting ‘‘extor10 tion, murder, or destruction of property by means of explo11 sive or fire;’’.

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

13 title 18, United States Code, is amended—

14 (1) by inserting after ‘‘an offense under’’ the fol15 lowing: ‘‘section 32 (relating to the destruction of air16 craft), section 37 (relating to violence at international

17 airports), section 115 (relating to influencing, imped18 ing, or retaliating against a Federal official by

19 threatening or injuring a family member),’’;

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

21 commissions or gifts for procuring loans),’’ the follow22 ing: ‘‘section 351 (relating to Congressional or Cabi23 net officer assassination),’’;

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

25 (relating to espionage),’’ the following: ‘‘section 831
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1 (relating to prohibited transactions involving nuclear

2 materials), section 844 (f) or (i) (relating to destruc3 tion by explosives or fire of Government property or

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

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

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

7 956 (relating to conspiracy to kill, kidnap, maim, or

8 injure certain property in a foreign country),’’;

9 (5) by inserting after ‘‘1032 (relating to conceal10 ment of assets from conservator, receiver, or liquidat11 ing agent of financial institution),’’ the following:

12 ‘‘section 1111 (relating to murder), section 1114 (re13 lating to protection of officers and employees of the

14 United States), section 1116 (relating to murder of

15 foreign officials, official guests, or internationally

16 protected persons),’’;

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

18 hostage taking),’’ the following: ‘‘section 1361 (relat19 ing to willful injury of Government property), section

20 1363 (relating to destruction of property within the

21 special maritime and territorial jurisdiction),’’;

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

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

24 Presidential assassination),’’;
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1 (8) by inserting after ‘‘2114 (relating to bank

2 and postal robbery and theft),’’ the following: ‘‘section

3 2280 (relating to violence against maritime naviga4 tion), section 2281 (relating to violence against mari5 time fixed platforms),’’; and

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

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

8 abroad against United States nationals), section

9 2332a (relating to use of weapons of mass destruc10 tion), section 2332b (relating to international terror11 ist acts transcending national boundaries), section

12 2339A (relating to providing material support to ter13 rorists) of this title, section 46502 of title 49, United

14 States Code’’.

15 SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER

16 BOMB THREATS.

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

18 amended by striking ‘‘commerce,’’ and inserting ‘‘interstate

19 or foreign commerce, or in or affecting interstate or foreign

20 commerce,’’.

21 SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURIS22 DICTION.

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

24 is amended—
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1 (1) in clause (ii), by striking ‘‘and the activity

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

3 activity takes place’’; and

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

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

6 or outside the United States,’’.

7 SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIB8 ITED.

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

10 amended to read as follows:

11 ‘‘(h) It shall be unlawful for any person to receive, pos12 sess, transport, ship, conceal, store, barter, sell, dispose of,

13 or pledge or accept as security for a loan, any stolen explo14 sive materials which are moving as, which are part of,

15 which constitute, or which have been shipped or transported

16 in, interstate or foreign commerce, either before or after such

17 materials were stolen, knowing or having reasonable cause

18 to believe that the explosive materials were stolen.’’.

19 SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING

20 AND REDUCING THE THREAT TO LAW EN21 FORCEMENT OFFICERS FROM THE CRIMINAL

22 USE OF FIREARMS AND AMMUNITION.

23 (a) The Secretary of the Treasury, in conjunction with

24 the Attorney General, shall conduct a study and make rec25 ommendations concerning—
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1 (1) the extent and nature of the deaths and seri2 ous injuries, in the line of duty during the last dec3 ade, for law enforcement officers, including—

4 (A) those officers who were feloniously killed

5 or seriously injured and those that died or were

6 seriously injured as a result of accidents or other

7 non-felonious causes; and

8 (B) those officers feloniously killed or seri9 ously injured with firearms, those killed or seri10 ously injured with, separately, handguns firing

11 handgun caliber ammunition, handguns firing

12 rifle caliber ammunition, rifles firing rifle cali13 ber ammunition, rifles firing handgun caliber

14 ammunition and shotguns; and

15 (C) those officers feloniously killed or seri16 ously injured with firearms, and killings or seri17 ous injuries committed with firearms taken by

18 officers’ assailants from officers, and those com19 mitted with other officers’ firearms; and

20 (D) those killed or seriously injured because

21 shots attributable to projectiles defined as

22 ‘‘armor piercing ammunition’’ under 18,

23 § 921(a)(17)(B) (i) and (ii) pierced the protec24 tive material of bullet resistant vests and bullet

25 resistant headgear; and
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1 (2) whether current passive defensive strategies,

2 such as body armor, are adequate to counter the

3 criminal use of firearms against law officers; and

4 (3) the calibers of ammunition that are—

5 (A) sold in the greatest quantities; and

6 (B) their common uses, according to con7 sultations with industry, sporting organizations

8 and law enforcement; and

9 (C) the calibers commonly used for civilian

10 defensive or sporting uses that would be affected

11 by any prohibition on non-law enforcement sales

12 of such ammunition, if such ammunition is ca13 pable of penetrating minimum level bullet resist14 ant vests; and

15 (D) recommendations for increase in body

16 armor capabilities to further protect law enforce17 ment from threat.

18 (b) In conducting the study, the Secretary shall consult

19 with other Federal, State and local officials, non-govern20 mental organizations, including all national police organi21 zations, national sporting organizations and national in22 dustry associations with expertise in this area and such

23 other individuals as shall be deemed necessary. Such study

24 shall be presented to Congress twelve months after the enact-
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1 ment of this Act and made available to the public, including

2 any data tapes or data used to form such recommendations.

3 (c) There are authorized to be appropriated for the

4 study and recommendations such sums as may be necessary.

5 TITLE II—INCREASED

6 PENALTIES

7 SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES

8 OFFENSES.

9 (a) INCREASED PENALTIES FOR DAMAGING CERTAIN

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

11 is amended to read as follows:

12 ‘‘(f) Whoever damages or destroys, or attempts to dam13 age or destroy, by means of fire or an explosive, any per14 sonal or real property in whole or in part owned, possessed,

15 or used by, or leased to, the United States, or any depart16 ment or agency thereof, or any institution or organization

17 receiving Federal financial assistance shall be fined under

18 this title or imprisoned for not more than 25 years, or both,

19 but—

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

21 other than the offender, the term of imprisonment

22 shall be not more than 40 years;

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

24 creates a substantial risk of serious bodily injury to
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1 any person other than the offender, the term of im2 prisonment shall not be less than 20 years; and

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

4 offender, the offender shall be subject to the death pen5 alty or imprisonment for any term of years not less

6 than 30, or for life.’’.

7 (b) CONFORMING AMENDMENT.—Section 81 of title 18,

8 United States Code, is amended by striking ‘‘fined under

9 this title or imprisoned not more than five years, or both’’

10 and inserting ‘‘imprisoned not more than 25 years or fined

11 the greater of the fine under this title or the cost of repairing

12 or replacing any property that is damaged or destroyed,

13 or both’’.

14 (c) STATUTE OF LIMITATION FOR ARSON OFFENSES.—

15 (1) Chapter 213 of title 18, United States Code,

16 is amended by adding at the end the following:

17 ‘‘§ 3295. Arson offenses

18 ‘‘No person shall be prosecuted, tried, or punished for

19 any non-capital offense under section 81 or subsection (f),

20 (h), or (i) of section 844 of this title unless the indictment

21 is found or the information is instituted within 7 years

22 after the date on which the offense was committed.’’.

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

24 chapter 213 of title 18, United States Code, is amend25 ed by adding at the end the following new item:

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

2 Code, is amended by striking the last sentence.

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

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

6 by adding at the end the following:

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

8 person who conspires to commit any offense defined in this

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

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

11 commission of which was the object of the conspiracy.’’.

12 SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PEN13 ALTIES FOR TERRORISM OFFENSES.

14 (a) TITLE 18 OFFENSES.—

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

16 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and

17 2281(a)(1)(F) of title 18, United States Code, are

18 each amended by inserting ‘‘or conspires’’ after ‘‘at19 tempts’’.

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

21 Code, is amended by striking ‘‘or attempted kidnap22 ping’’ both places it appears and inserting ‘‘, at23 tempted kidnapping, or conspiracy to kidnap’’.

24 (3)(A) Section 115(b)(3) of title 18, United

25 States Code, is amended by striking ‘‘or attempted
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1 murder’’ and inserting ‘‘, attempted murder, or con2 spiracy to murder’’.

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

4 Code, is amended by striking ‘‘and 1113’’ and insert5 ing ‘‘, 1113, and 1117’’.

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

7 Code, is amended by inserting ‘‘or conspires to do so,’’

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

9 (b) AIRCRAFT PIRACY.—

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

11 Code, is amended by inserting ‘‘or conspiring’’ after

12 ‘‘attempting’’.

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

14 Code, is amended by inserting ‘‘or conspiring to com15 mit’’ after ‘‘committing’’.

16 SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A

17 FIREARM KNOWING THAT IT WILL BE USED

18 TO COMMIT A CRIME OF VIOLENCE.

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

20 amended by striking ‘‘imprisoned not more than 10 years,

21 fined in accordance with this title, or both.’’ and inserting

22 ‘‘subject to the same penalties as may be imposed under

23 subsection (c) for a first conviction for the use or carrying

24 of the firearm.’’.
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1 SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN

2 EXPLOSIVE MATERIAL KNOWING THAT IT

3 WILL BE USED TO COMMIT A CRIME OF VIO4 LENCE.

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

6 by adding at the end the following:

7 ‘‘(o) Whoever knowingly transfers any explosive mate8 rials, knowing or having reasonable cause to believe that

9 such explosive materials will be used to commit a crime

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

11 drug trafficking crime (as defined in section 924(c)(2) of

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

13 imposed under subsection (h) for a first conviction for the

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

15 SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

16 The United States Sentencing Commission shall forth17 with, in accordance with the procedures set forth in section

18 21(a) of the Sentencing Act of 1987, as though the authority

19 under that section had not expired, amend the sentencing

20 guidelines so that the chapter 3 adjustment relating to

21 international terrorism only applies to Federal crimes of

22 terrorism, as defined in section 2332b(g) of title 18, United

23 States Code.
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1 SEC. 207. AMENDMENT OF SENTENCING GUIDELINES TO

2 PROVIDE FOR ENHANCED PENALTIES FOR A

3 DEFENDANT WHO COMMITS A CRIME WHILE

4 IN POSSESSION OF A FIREARM WITH A LASER

5 SIGHTING DEVICE.

6 Not later than May 1, 1997, the United States Sen7 tencing Commission shall, pursuant to its authority under

8 section 994 of title 28, United States Code, amend the sen9 tencing guidelines (and, if the Commission considers it ap10 propriate, the policy statements of the Commission) to pro11 vide that a defendant convicted of a crime shall receive an

12 appropriate sentence enhancement if, during the crime—

13 (1) the defendant possessed a firearm equipped

14 with a laser sighting device; or

15 (2) the defendant possessed a firearm, and the

16 defendant (or another person at the scene of the crime

17 who was aiding in the commission of the crime) pos18 sessed a laser sighting device capable of being readily

19 attached to the firearm.
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1 TITLE III—INVESTIGATIVE

2 TOOLS

3 SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DE4 TECTION OF EXPLOSIVES AND EXPLOSIVE

5 MATERIALS, RENDERING EXPLOSIVE COMPO6 NENTS INERT, AND IMPOSING CONTROLS OF

7 PRECURSORS OF EXPLOSIVES.

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

9 with other Federal, State and local officials with expertise

10 in this area and such other individuals as the Attorney

11 General deems appropriate, shall conduct a study concern12 ing—

13 (1) the tagging of explosive materials for pur14 poses of detection and identification;

15 (2) technology for devices to improve the detec16 tion of explosives materials;

17 (3) whether common chemicals used to manufac18 ture explosive materials can be rendered inert and

19 whether it is feasible to require it; and

20 (4) whether controls can be imposed on certain

21 precursor chemicals used to manufacture explosive

22 materials and whether it is feasible to require it.

23 (b) EXCLUSION.—No study undertaken under

24 this section shall include black or smokeless powder

25 among the explosive materials considered.
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1 (c) REPORT.—Not later than 180 days after the date

2 of the enactment of this Act, the Attorney General shall sub3 mit to the Congress a report that contains the results of

4 the study required by this section. The Attorney General

5 shall make the report available to the public.

6 SEC. 302. EXCLUSION OF CERTAIN TYPES OF INFORMATION

7 FROM WIRETAP-RELATED DEFINITIONS.

8 (a) DEFINITION OF ‘‘ELECTRONIC COMMUNICATION’’.—

9 Section 2510(12) of title 18, United States Code, is amend10 ed—

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

12 (B);

13 (2) by inserting ‘‘or’’ at the end of subparagraph

14 (C); and

15 (3) by adding a new subparagraph (D), as fol16 lows:

17 ‘‘(D) information stored in a communica18 tions system used for the electronic storage and

19 transfer of funds;’’

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

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

22 States Code, is amended—

23 (1) by inserting ‘‘or’’ at the end of subparagraph

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

2 (E); and

3 (3) by striking subparagraph (F).

4 SEC. 303. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

5 Section 2703 of title 18, United States Code, is amend6 ed by adding at the end the following:

7 ‘‘(f) REQUIREMENT TO PRESERVE EVIDENCE.—A pro8 vider of wire or electronic communication services or a re9 mote computing service, upon the request of a governmental

10 entity, shall take all necessary steps to preserve records, and

11 other evidence in its possession pending the issuance of a

12 court order or other process. Such records shall be retained

13 for a period of 90 days, which period shall be extended for

14 an additional 90-day period upon a renewed request by the

15 governmental entity.’’.

16 SEC. 304. DETENTION HEARING.

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

18 amended by inserting ‘‘(not including any intermediate

19 Saturday, Sunday, or legal holiday)’’ after ‘‘five days’’ and

20 after ‘‘three days’’.

21 SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILD22 INGS IN THE DISTRICT OF COLUMBIA.

23 The Attorney General is authorized—

24 (1) to prohibit vehicles from parking or standing

25 on any street or roadway adjacent to any building in
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1 the District of Columbia which is in whole or in part

2 owned, possessed, used by, or leased to the Federal

3 Government and used by Federal law enforcement au4 thorities; and

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

8 SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO

9 THE CONGRESS.

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

11 States shall conduct a study of the extent of thefts from mili12 tary arsenals (including National Guard armories) of fire13 arms, explosives, and other materials that are potentially

14 useful to terrorists.

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

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

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

18 required by subsection (a).

19 TITLE IV—NUCLEAR MATERIALS

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

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

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

3 material or nuclear byproduct material’’;

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

5 environment’’ after ‘‘property’’;

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

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

8 to cause the death of or serious bodily injury to

9 any person or substantial damage to property or

10 the environment; or (ii) such circumstances are

11 represented to the defendant to exist;’’;

12 (4) in subsection (a)(6), by inserting ‘‘or the en13 vironment’’ after ‘‘property’’;

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

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

16 United States or a United States corporation or other

17 legal entity;’’;

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

19 of the offense the nuclear material is in use, storage,

20 or transport, for peaceful purposes, and’’;

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

22 (c)(3);

23 (8) in subsection (c)(4), by striking ‘‘nuclear ma24 terial for peaceful purposes’’ and inserting ‘‘nuclear

25 material or nuclear byproduct material’’;
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1 (9) by striking the period at the end of sub2 section (c)(4) and inserting ‘‘; or’’;

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

4 following:

5 ‘‘(5) the governmental entity under subsection

6 (a)(5) is the United States or the threat under sub7 section (a)(6) is directed at the United States.’’;

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

9 isotopic concentration not in excess of 80 percent plu10 tonium 238’’;

11 (12) in subsection (f)(1)(C) by inserting ‘‘en12 riched uranium, defined as’’ before ‘‘uranium’’;

13 (13) in subsection (f), by redesignating para14 graphs (2), (3), and (4) as paragraphs (3), (4), and

15 (5), respectively;

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

17 following:

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

19 means any material containing any radioactive iso20 tope created through an irradiation process in the op21 eration of a nuclear reactor or accelerator;’’;

22 (15) by striking ‘‘and’’ at the end of subsection

23 (f)(4), as redesignated;
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1 (16) by striking the period at the end of sub2 section (f)(5), as redesignated, and inserting a semi3 colon; and

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

5 following:

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

7 the meaning prescribed in section 101(a)(22) of the

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

9 1101(a)(22)); and

10 ‘‘(7) the term ‘United States corporation or other

11 legal entity’ means any corporation or other entity

12 organized under the laws of the United States or any

13 State, district, commonwealth, territory or possession

14 of the United States.’’.

15 TITLE V—CONVENTION ON THE

16 MARKING OF PLASTIC EXPLO17 SIVES

18 SEC. 501. DEFINITIONS.

19 Section 841 of title 18, United States Code, is amended

20 by adding at the end the following:

21 ‘‘(o) ‘Convention on the Marking of Plastic Ex22 plosives’ means the Convention on the Marking of

23 Plastic Explosives for the Purpose of Detection, Done

24 at Montreal on 1 March 1991.
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1 ‘‘(p) ‘Detection agent’ means any one of the sub2 stances specified in this subsection when introduced

3 into a plastic explosive or formulated in such explo4 sive as a part of the manufacturing process in such

5 a manner as to achieve homogeneous distribution in

6 the finished explosive, including—

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

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

9 minimum concentration in the finished explosive

10 is 0.2 percent by mass;

11 ‘‘(2) 2,3-Dimethyl-2,3-dinitrobutane

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

13 when the minimum concentration in the finished

14 explosive is 0.1 percent by mass;

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

16 C7H7NO2, molecular weight 137, when the mini17 mum concentration in the finished explosive is

18 0.5 percent by mass;

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

20 C7H7NO2, molecular weight 137, when the mini21 mum concentration in the finished explosive is

22 0.5 percent by mass; and

23 ‘‘(5) any other substance in the concentra24 tion specified by the Secretary, after consultation

25 with the Secretary of State and the Secretary of
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1 Defense, which has been added to the table in

2 part 2 of the Technical Annex to the Convention

3 on the Marking of Plastic Explosives.

4 ‘‘(q) ‘Plastic explosive’ means an explosive mate5 rial in flexible or elastic sheet form formulated with

6 one or more high explosives which in their pure form

7 have a vapor pressure less than 10¥4 Pa at a tem8 perature of 25°C., is formulated with a binder mate9 rial, and is as a mixture malleable or flexible at nor10 mal room temperature.’’.

11 SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLAS12 TIC EXPLOSIVES.

13 Section 842 of title 18, United States Code, is amended

14 by adding at the end the following:

15 ‘‘(l) It shall be unlawful for any person to manufacture

16 any plastic explosive which does not contain a detection

17 agent.

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

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

20 States, any plastic explosive which does not contain a detec21 tion agent.

22 ‘‘(2) Until the 15-year period that begins with the date

23 of entry into force of the Convention on the Marking of Plas24 tic Explosives with respect to the United States has expired,

25 paragraph (1) shall not apply to the importation or bring-
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1 ing into the United States, or the exportation from the

2 United States, of any plastic explosive which was imported,

3 brought into, or manufactured in the United States before

4 the effective date of this subsection by or on behalf of any

5 agency of the United States performing military or police

6 functions (including any military Reserve component) or

7 by or on behalf of the National Guard of any State.

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

9 transport, transfer, receive, or possess any plastic explosive

10 which does not contain a detection agent.

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

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

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

14 possession of any plastic explosive, which was imported,

15 brought into, or manufactured in the United States before

16 such effective date by any person.

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

18 of entry into force of the Convention on the Marking of Plas19 tic Explosives with respect to the United States has expired,

20 paragraph (1) shall not apply to the shipment, transpor21 tation, transfer, receipt, or possession of any plastic explo22 sive, which was imported, brought into, or manufactured

23 in the United States before the effective date of this sub24 section by or on behalf of any agency of the United States

25 performing a military or police function (including any
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1 military reserve component) or by or on behalf of the Na2 tional Guard of any State.

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

4 an agency of the United States (including any military re5 serve component) or the National Guard of any State, pos6 sessing any plastic explosive on the effective date of this sub7 section, to fail to report to the Secretary within 120 days

8 after the effective date of this subsection the quantity of such

9 explosives possessed, the manufacturer or importer, any

10 marks of identification on such explosives, and such other

11 information as the Secretary may by regulations pre12 scribe.’’.

13 SEC. 503. CRIMINAL SANCTIONS.

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

15 amended to read as follows:

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

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

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

19 or both.’’.

20 SEC. 504. EXCEPTIONS.

21 Section 845 of title 18, United States Code, is amend22 ed—

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

24 or (o) of section 842 and subsections’’ after ‘‘sub25 sections’’;
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1 (2) in subsection (a)(1), by inserting ‘‘and which

2 pertains to safety’’ before the semicolon; and

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

4 ‘‘(c) It is an affirmative defense against any proceed5 ing involving subsection (l), (m), (n), or (o) of section 842

6 of this title if the proponent proves by a preponderance of

7 the evidence that the plastic explosive—

8 ‘‘(1) consisted of a small amount of plastic explo9 sive intended for and utilized solely in lawful—

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

11 new or modified explosive materials;

12 ‘‘(B) training in explosives detection or de13 velopment or testing of explosives detection

14 equipment; or

15 ‘‘(C) forensic science purposes; or

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

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

18 is incorporated in a military device within the terri19 tory of the United States and remains an integral

20 part of such military device, or is intended to be, or

21 is incorporated in, and remains an integral part of

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

23 become, the property of any agency of the United

24 States performing military or police functions (in25 cluding any military reserve component) or the Na-
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1 tional Guard of any State, wherever such device is lo2 cated. For purposes of this subsection, the term ‘mili3 tary device’ includes shells, bombs, projectiles, mines,

4 missiles, rockets, shaped charges, grenades, per5 forators, and similar devices lawfully manufactured

6 exclusively for military or police purposes.’’.

7 SEC. 505. EFFECTIVE DATE.

8 The amendments made by this title shall take effect

9 1 year after the date of the enactment of this Act.

10 TITLE VI—IMMIGRATION11 RELATED PROVISIONS

12 Subtitle A—Removal of Alien

13 Terrorists

14 PART 1—REMOVAL PROCEDURES FOR ALIEN

15 TERRORISTS

16 SEC. 601. FUNDING FOR DETENTION AND REMOVAL OF

17 ALIEN TERRORISTS.

18 In addition to amounts otherwise appropriated, there

19 are authorized to be appropriated for each fiscal year (be20 ginning with fiscal year 1996) $5,000,000 to the Immigra21 tion and Naturalization Service for the purpose of detain22 ing and removing alien terrorists.
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1 PART 2—EXCLUSION AND DENIAL OF ASYLUM

2 FOR ALIEN TERRORISTS

3 SEC. 611. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

4 (a) IN GENERAL.—Section 208(a) of the Immigration

5 and Nationality Act (8 U.S.C. 1158(a)) is amended by add6 ing at the end the following: ‘‘The Attorney General may

7 not grant an alien asylum if the Attorney General deter8 mines that the alien is excludable under subclause (I), (II),

9 or (III) of section 212(a)(3)(B)(i) or deportable under sec10 tion 241(a)(4)(B).’’.

11 (b) EFFECTIVE DATE.—The amendment made by sub12 section (a) shall take effect on the date of the enactment

13 of this Act and apply to asylum determinations made on

14 or after such date.

15 SEC. 612. DENIAL OF OTHER RELIEF FOR ALIEN TERROR16 ISTS.

17 (a) WITHHOLDING OF DEPORTATION.—Section

18 243(h)(2) of the Immigration and Nationality Act (8

19 U.S.C. 1253(h)(2)) is amended by adding at the end the

20 following new sentence: ‘‘For purposes of subparagraph (D),

21 an alien who is described in section 241(a)(4)(B) shall be

22 considered to be an alien for whom there are reasonable

23 grounds for regarding as a danger to the security of the

24 United States.’’.

25 (b) SUSPENSION OF DEPORTATION.—Section 244(a) of

26 such Act (8 U.S.C. 1254(a)) is amended by striking ‘‘section
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1 241(a)(4)(D)’’ and inserting ‘‘subparagraph (B) or (D) of

2 section 241(a)(4)’’.

3 (c) VOLUNTARY DEPARTURE.—Section 244(e)(2) of

4 such Act (8 U.S.C. 1254(e)(2)) is amended by inserting

5 ‘‘under section 241(a)(4)(B) or’’ after ‘‘who is deportable’’.

6 (d) ADJUSTMENT OF STATUS.—Section 245(c) of such

7 Act (8 U.S.C. 1255(c)) is amended—

8 (1) by striking ‘‘or’’ before ‘‘(5)’’, and

9 (2) by inserting before the period at the end the

10 following: ‘‘, or (6) an alien who is deportable under

11 section 241(a)(4)(B)’’.

12 (e) REGISTRY.—Section 249(d) of such Act (8 U.S.C.

13 1259(d)) is amended by inserting ‘‘and is not deportable

14 under section 241(a)(4)(B)’’ after ‘‘ineligible to citizen15 ship’’.

16 (f) EFFECTIVE DATE.—The amendments made by this

17 section shall take effect on the date of the enactment of this

18 Act and shall apply to applications filed before, on, or after

19 such date if final action has not been taken on them before

20 such date.
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1 Subtitle B—Expedited Exclusion

2 SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION

3 OFFICERS.

4 (a) IN GENERAL.—Subsection (b) of section 235 of the

5 Immigration and Nationality Act (8 U.S.C. 1225) is

6 amended to read as follows:

7 ‘‘(b)(1)(A) If the examining immigration officer deter8 mines that an alien seeking entry—

9 ‘‘(i) is excludable under section 212(a)(6)(C) or

10 212(a)(7), and

11 ‘‘(ii) does not indicate either an intention to

12 apply for asylum under section 208 or a fear of perse13 cution,

14 the officer shall order the alien excluded from the United

15 States without further hearing or review.

16 ‘‘(B) The examining immigration officer shall refer for

17 an interview by an asylum officer under subparagraph (C)

18 any alien who is excludable under section 212(a)(6)(C) or

19 212(a)(7) and has indicated an intention to apply for asy20 lum under section 208 or a fear of persecution.

21 ‘‘(C)(i) An asylum officer shall promptly conduct

22 interviews of aliens referred under subparagraph (B).

23 ‘‘(ii) If the officer determines at the time of the inter24 view that an alien has a credible fear of persecution (as
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1 defined in clause (v)), the alien shall be detained for an

2 asylum hearing before an asylum officer under section 208.

3 ‘‘(iii)(I) Subject to subclause (II), if the officer deter4 mines that the alien does not have a credible fear of persecu5 tion, the officer shall order the alien excluded from the Unit6 ed States without further hearing or review.

7 ‘‘(II) The Attorney General shall promulgate regula8 tions to provide for the immediate review by a supervisory

9 asylum office at the port of entry of a determination under

10 subclause (I).

11 ‘‘(iv) The Attorney General shall provide information

12 concerning the asylum interview described in this subpara13 graph to aliens who may be eligible. An alien who is eligible

14 for such interview may consult with a person or persons

15 of the alien’s choosing prior to the interview or any review

16 thereof, according to regulations prescribed by the Attorney

17 General. Such consultation shall be at no expense to the

18 Government and shall not delay the process.

19 ‘‘(v) For purposes of this subparagraph, the term ‘cred20 ible fear of persecution’ means (I) that it is more probable

21 than not that the statements made by the alien in support

22 of the alien’s claim are true, and (II) that there is a signifi23 cant possibility, in light of such statements and of such

24 other facts as are known to the officer, that the alien could

25 establish eligibility for asylum under section 208.
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1 ‘‘(D) As used in this paragraph, the term ‘asylum offi2 cer’ means an immigration officer who—

3 ‘‘(i) has had professional training in country

4 conditions, asylum law, and interview techniques;

5 and

6 ‘‘(ii) is supervised by an officer who meets the

7 condition in clause (i).

8 ‘‘(E)(i) An exclusion order entered in accordance with

9 subparagraph (A) is not subject to administrative appeal,

10 except that the Attorney General shall provide by regulation

11 for prompt review of such an order against an alien who

12 claims under oath, or as permitted under penalty of perjury

13 under section 1746 of title 28, United States Code, after

14 having been warned of the penalties for falsely making such

15 claim under such conditions, to have been lawfully admitted

16 for permanent residence.

17 ‘‘(ii) In any action brought against an alien under

18 section 275(a) or section 276, the court shall not have juris19 diction to hear any claim attacking the validity of an order

20 of exclusion entered under subparagraph (A).

21 ‘‘(2)(A) Except as provided in subparagraph (B), if

22 the examining immigration officer determines that an alien

23 seeking entry is not clearly and beyond a doubt entitled

24 to enter, the alien shall be detained for a hearing before

25 a special inquiry officer.
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1 ‘‘(B) The provisions of subparagraph (A) shall not

2 apply—

3 ‘‘(i) to an alien crewman,

4 ‘‘(ii) to an alien described in paragraph (1)(A)

5 or (1)(C)(iii)(I), or

6 ‘‘(iii) if the conditions described in section

7 273(d) exist.

8 ‘‘(3) The decision of the examining immigration offi9 cer, if favorable to the admission of any alien, shall be sub10 ject to challenge by any other immigration officer and such

11 challenge shall operate to take the alien whose privilege to

12 enter is so challenged, before a special inquiry officer for

13 a hearing on exclusion of the alien.’’.

14 (b) CONFORMING AMENDMENT.—Section 237(a) of

15 such Act (8 U.S.C. 1227(a)) is amended—

16 (1) in the second sentence of paragraph (1), by

17 striking ‘‘Deportation’’ and inserting ‘‘Subject to sec18 tion 235(b)(1), deportation’’, and

19 (2) in the first sentence of paragraph (2), by

20 striking ‘‘If’’ and inserting ‘‘Subject to section

21 235(b)(1), if’’.

22 (c) EFFECTIVE DATE.—The amendments made by this

23 section shall take effect on the first day of the first month

24 that begins more than 90 days after the date of the enact25 ment of this Act.
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1 SEC. 622. JUDICIAL REVIEW.

2 (a) PRECLUSION OF JUDICIAL REVIEW.—Section 106

3 of the Immigration and Nationality Act (8 U.S.C. 1105a)

4 is amended—

5 (1) by amending the section heading to read as

6 follows:

7 ‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND

8 EXCLUSION, AND SPECIAL EXCLUSION’’; and

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(e)(1) Notwithstanding any other provision of law,

12 and except as provided in this subsection, no court shall

13 have jurisdiction to review any individual determination,

14 or to entertain any other cause or claim, arising from or

15 relating to the implementation or operation of section

16 235(b)(1). Regardless of the nature of the action or claim,

17 or the party or parties bringing the action, no court shall

18 have jurisdiction or authority to enter declaratory, injunc19 tive, or other equitable relief not specifically authorized in

20 this subsection nor to certify a class under Rule 23 of the

21 Federal Rules of Civil Procedure.

22 ‘‘(2) Judicial review of any cause, claim, or individual

23 determination covered under paragraph (1) shall only be

24 available in habeas corpus proceedings, and shall be limited

25 to determinations of—
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1 ‘‘(A) whether the petitioner is an alien, if the pe2 titioner makes a showing that the petitioner’s claim

3 of United States nationality is not frivolous;

4 ‘‘(B) whether the petitioner was ordered specially

5 excluded under section 235(b)(1)(A); and

6 ‘‘(C) whether the petitioner can prove by a pre7 ponderance of the evidence that the petitioner is an

8 alien lawfully admitted for permanent residence and

9 is entitled to such review as is provided by the Attor10 ney General pursuant to section 235(b)(1)(E)(i).

11 ‘‘(3) In any case where the court determines that an

12 alien was not ordered specially excluded, or was not prop13 erly subject to special exclusion under the regulations adopt14 ed by the Attorney General, the court may order no relief

15 beyond requiring that the alien receive a hearing in accord16 ance with section 236, or a determination in accordance

17 with section 235(c) or 273(d).

18 ‘‘(4) In determining whether an alien has been ordered

19 specially excluded, the court’s inquiry shall be limited to

20 whether such an order was in fact issued and whether it

21 relates to the petitioner.’’.

22 (b) PRECLUSION OF COLLATERAL ATTACKS.—Section

23 235 of such Act (8 U.S.C. 1225) is amended by adding at

24 the end the following new subsection:
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1 ‘‘(d) In any action brought for the assessment of pen2 alties for improper entry or re-entry of an alien under sec3 tion 275 or section 276, no court shall have jurisdiction

4 to hear claims collaterally attacking the validity of orders

5 of exclusion, special exclusion, or deportation entered under

6 this section or sections 236 and 242.’’.

7 (c) CLERICAL AMENDMENT.—The item relating to sec8 tion 106 in the table of contents of such Act is amended

9 to read as follows:

‘‘Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.’’.

10 SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN11 SPECTED AND ADMITTED.

12 (a) IN GENERAL.—Section 241 of the Immigration

13 and Nationality Act (8 U.S.C. 1251) is amended by adding

14 at the end the following new subsection:

15 ‘‘(d) Notwithstanding any other provision of this title,

16 an alien found in the United States who has not been ad17 mitted to the United States after inspection in accordance

18 with section 235 is deemed for purposes of this Act to be

19 seeking entry and admission to the United States and shall

20 be subject to examination and exclusion by the Attorney

21 General under chapter 4. In the case of such an alien the

22 Attorney General shall provide by regulation an oppor23 tunity for the alien to establish that the alien was so admit24 ted.’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall take effect on the first day of the first

3 month beginning more than 90 days after the date of the

4 enactment of this Act.

5 Subtitle C—Improved Information

6 and Processing

7 PART 1—IMMIGRATION PROCEDURES

8 SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES

9 THROUGH COURT ORDER.

10 (a) LEGALIZATION PROGRAM.—Section 245A(c)(5) of

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

12 1255a(c)(5)) is amended—

13 (1) by inserting ‘‘(i)’’ after ‘‘except that the At14 torney General’’, and

15 (2) by inserting after ‘‘title 13, United States

16 Code’’ the following: ‘‘and (ii) may authorize an ap17 plication to a Federal court of competent jurisdiction

18 for, and a judge of such court may grant, an order

19 authorizing disclosure of information contained in the

20 application of the alien to be used—

21 ‘‘(I) for identification of the alien when

22 there is reason to believe that the alien has been

23 killed or severely incapacitated; or

24 ‘‘(II) for criminal law enforcement purposes

25 against the alien whose application is to be dis-
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1 closed if the alleged criminal activity occurred

2 after the legalization application was filed and

3 such activity involves terrorist activity or poses

4 either an immediate risk to life or to national se5 curity, or would be prosecutable as an aggra6 vated felony, but without regard to the length of

7 sentence that could be imposed on the appli8 cant’’.

9 (b) SPECIAL AGRICULTURAL WORKER PROGRAM.—

10 Section 210(b) of such Act (8 U.S.C. 1160(b)) is amended—

11 (1) in paragraph (5), by inserting ‘‘, except as

12 allowed by a court order issued pursuant to para13 graph (6)’’ after ‘‘consent of the alien’’, and

14 (2) in paragraph (6), by inserting after subpara15 graph (C) the following:

16 ‘‘Notwithstanding the previous sentence, the Attorney

17 General may authorize an application to a Federal

18 court of competent jurisdiction for, and a judge of

19 such court may grant, an order authorizing disclosure

20 of information contained in the application of the

21 alien to be used (i) for identification of the alien

22 when there is reason to believe that the alien has been

23 killed or severely incapacitated, or (ii) for criminal

24 law enforcement purposes against the alien whose ap25 plication is to be disclosed if the alleged criminal ac-
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1 tivity occurred after the special agricultural worker

2 application was filed and such activity involves ter3 rorist activity or poses either an immediate risk to

4 life or to national security, or would be prosecutable

5 as an aggravated felony, but without regard to the

6 length of sentence that could be imposed on the appli7 cant.’’.

8 SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DE9 NIAL OF APPLICATION FOR VISAS.

10 Section 212(b) of the Immigration and Nationality

11 Act (8 U.S.C. 1182(b)) is amended—

12 (1) by redesignating paragraphs (1) and (2) as

13 subparagraphs (A) and (B);

14 (2) by striking ‘‘If’’ and inserting ‘‘(1) Subject

15 to paragraph (2), if’’; and

16 (3) by adding at the end the following new para17 graph:

18 ‘‘(2) With respect to applications for visas, the Sec19 retary of State may waive the application of paragraph

20 (1) in the case of a particular alien or any class or classes

21 of aliens excludable under subsection (a)(2) or (a)(3).’’.
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1 PART 2—ASSET FORFEITURE FOR PASSPORT AND

2 VISA OFFENSES

3 SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA

4 RELATED OFFENSES.

5 Section 982 of title 18, United States Code, is amend6 ed—

7 (1) in subsection (a), by inserting after para8 graph (5) the following new paragraph:

9 ‘‘(6) The court, in imposing sentence on a person con10 victed of a violation of, or conspiracy to violate, section

11 1541, 1542, 1543, 1544, or 1546 of this title, or a violation

12 of, or conspiracy to violate, section 1028 of this title if com13 mitted in connection with passport or visa issuance or use,

14 shall order that the person forfeit to the United States any

15 property, real or personal, which the person used, or in16 tended to be used, in committing, or facilitating the com17 mission of, the violation, and any property constituting, or

18 derived from, or traceable to, any proceeds the person ob19 tained, directly or indirectly, as a result of such violation.’’;

20 and

21 (2) in subsection (b)(1)(B), by inserting ‘‘or

22 (a)(6)’’ after ‘‘(a)(2)’’.

23 SEC. 642. SUBPOENAS FOR BANK RECORDS.

24 Section 986(a) of title 18, United States Code, is

25 amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,

26 1546,’’ before ‘‘1956’’.
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1 SEC. 643. EFFECTIVE DATE.

2 The amendments made by this subtitle shall take effect

3 on the first day of the first month that begins more than

4 90 days after the date of the enactment of this Act.

5 Subtitle D—Employee Verification

6 by Security Services Companies

7 SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO

8 REQUEST ADDITIONAL DOCUMENTATION.

9 (a) IN GENERAL.—Section 274B(a)(6) of the Immi10 gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is

11 amended—

12 (1) by striking ‘‘For purposes’’ and inserting

13 ‘‘(A) Except as provided in subparagraph (B), for

14 purposes’’, and

15 (2) by adding at the end the following new sub16 paragraph:

17 ‘‘(B) Subparagraph (A) shall not apply to a re18 quest made in connection with an individual seeking

19 employment in a company (or division of a com20 pany) engaged in the business of providing security

21 services to protect persons, institutions, buildings, or

22 other possible targets of international terrorism (as

23 defined in section 2331(1) of title 18, United States

24 Code).’’.

25 (b) EFFECTIVE DATE.—The amendments made by sub26 section (a) shall apply to requests for documents made on
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1 or after the date of the enactment of this Act with respect

2 to individuals who are or were hired before, on, or after

3 the date of the enactment of this Act.

4 Subtitle E—Criminal Alien

5 Deportation Improvements

6 SEC. 661. SHORT TITLE.

7 This subtitle may be cited as the ‘‘Criminal Alien De8 portation Improvements Act of 1995’’.

9 SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AG10 GRAVATED FELONY.

11 (a) IN GENERAL.—Section 101(a)(43) of the Immigra12 tion and Nationality Act (8 U.S.C. 1101(a)(43)), as amend13 ed by section 222 of the Immigration and Nationality Tech14 nical Corrections Act of 1994 (Public Law 103–416), is

15 amended—

16 (1) in subparagraph (J), by inserting ‘‘, or an

17 offense described in section 1084 (if it is a second or

18 subsequent offense) or 1955 of that title (relating to

19 gambling offenses),’’ after ‘‘corrupt organizations)’’;

20 (2) in subparagraph (K)—

21 (A) by striking ‘‘or’’ at the end of clause (i),

22 (B) by redesignating clause (ii) as clause

23 (iii), and

24 (C) by inserting after clause (i) the follow25 ing new clause:
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1 ‘‘(ii) is described in section 2421, 2422,

2 or 2423 of title 18, United States Code (re3 lating to transportation for the purpose of

4 prostitution) for commercial advantage; or’’;

5 (3) by amending subparagraph (N) to read as

6 follows:

7 ‘‘(N) an offense described in paragraph

8 (1)(A) or (2) of section 274(a) (relating to alien

9 smuggling) for which the term of imprisonment

10 imposed (regardless of any suspension of impris11 onment) is at least 5 years;’’;

12 (4) by amending subparagraph (O) to read as

13 follows:

14 ‘‘(O) an offense (i) which either is falsely

15 making, forging, counterfeiting, mutilating, or

16 altering a passport or instrument in violation of

17 section 1543 of title 18, United States Code, or

18 is described in section 1546(a) of such title (re19 lating to document fraud) and (ii) for which the

20 term of imprisonment imposed (regardless of any

21 suspension of such imprisonment) is at least 18

22 months;’’

23 (5) in subparagraph (P), by striking ‘‘15 years’’

24 and inserting ‘‘5 years’’, and by striking ‘‘and’’ at the

25 end;
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1 (6) by redesignating subparagraphs (O), (P),

2 and (Q) as subparagraphs (P), (Q), and (U), respec3 tively;

4 (7) by inserting after subparagraph (N) the fol5 lowing new subparagraph:

6 ‘‘(O) an offense described in section 275(a)

7 or 276 committed by an alien who was pre8 viously deported on the basis of a conviction for

9 an offense described in another subparagraph of

10 this paragraph;’’; and

11 (8) by inserting after subparagraph (Q), as so

12 redesignated, the following new subparagraphs:

13 ‘‘(R) an offense relating to commercial brib14 ery, counterfeiting, forgery, or trafficking in ve15 hicles the identification numbers of which have

16 been altered for which a sentence of 5 years’ im17 prisonment or more may be imposed;

18 ‘‘(S) an offense relating to obstruction of

19 justice, perjury or subornation of perjury, or

20 bribery of a witness, for which a sentence of 5

21 years’ imprisonment or more may be imposed;

22 ‘‘(T) an offense relating to a failure to ap23 pear before a court pursuant to a court order to

24 answer to or dispose of a charge of a felony for
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1 which a sentence of 2 years’ imprisonment or

2 more may be imposed; and’’.

3 (b) EFFECTIVE DATE.—The amendments made by sub4 section (a) shall apply to convictions entered on or after

5 the date of the enactment of this Act, except that the amend6 ment made by subsection (a)(3) shall take effect as if in7 cluded in the enactment of section 222 of the Immigration

8 and Nationality Technical Corrections Act of 1994.

9 SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN CRIMI10 NAL ALIENS WHO ARE NOT PERMANENT RESI11 DENTS.

12 (a) ADMINISTRATIVE HEARINGS.—Section 242A(b) of

13 the Immigration and Nationality Act (8 U.S.C. 1252a(b)),

14 as added by section 130004(a) of the Violent Crime Control

15 and Law Enforcement Act of 1994 (Public Law 103–322),

16 is amended—

17 (1) in paragraph (2)—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (A) and inserting ‘‘or’’, and

20 (B) by amending subparagraph (B) to read

21 as follows:

22 ‘‘(B) had permanent resident status on a

23 conditional basis (as described in section 216) at

24 the time that proceedings under this section com25 menced.’’;
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1 (2) in paragraph (3), by striking ‘‘30 calendar

2 days’’ and inserting ‘‘14 calendar days’’;

3 (3) in paragraph (4)(B), by striking

4 ‘‘proccedings’’ and inserting ‘‘proceedings’’;

5 (4) in paragraph (4)—

6 (A) by redesignating subparagraphs (D)

7 and (E) as subparagraphs (F) and (G), respec8 tively; and

9 (B) by adding after subparagraph (C) the

10 following new subparagraphs:

11 ‘‘(D) such proceedings are conducted in, or

12 translated for the alien into, a language the

13 alien understands;

14 ‘‘(E) a determination is made for the record

15 at such proceedings that the individual who ap16 pears to respond in such a proceeding is an alien

17 subject to such an expedited proceeding under

18 this section and is, in fact, the alien named in

19 the notice for such proceeding;’’.

20 (5) by adding at the end the following new para21 graph:

22 ‘‘(5) No alien described in this section shall be

23 eligible for any relief from deportation that the Attor24 ney General may grant in the Attorney General’s dis25 cretion.’’.
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1 (b) LIMIT ON JUDICIAL REVIEW.—Subsection (d) of

2 section 106 of the Immigration and Nationality Act (8

3 U.S.C. 1105a), as added by section 130004(b) of the Violent

4 Crime Control and Law Enforcement Act of 1994 (Public

5 Law 103–322), is amended to read as follows:

6 ‘‘(d) Notwithstanding subsection (c), a petition for re7 view or for habeas corpus on behalf of an alien described

8 in section 242A(c) may only challenge whether the alien

9 is in fact an alien described in such section, and no court

10 shall have jurisdiction to review any other issue.’’.

11 (c) PRESUMPTION OF DEPORTABILITY.—Section 242A

12 of the Immigration and Nationality Act (8 U.S.C. 1252a)

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

14 new subsection:

15 ‘‘(c) PRESUMPTION OF DEPORTABILITY.—An alien

16 convicted of an aggravated felony shall be conclusively pre17 sumed to be deportable from the United States.’’.

18 (d) EFFECTIVE DATE.—The amendments made by this

19 section shall apply to all aliens against whom deportation

20 proceedings are initiated after the date of the enactment of

21 this Act.
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1 SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION

2 BASED ON 7 YEARS PERMANENT RESIDENCE

3 FOR CERTAIN CRIMINAL ALIENS.

4 The last sentence of section 212(c) of the Immigration

5 and Nationality Act (8 U.S.C. 1182(c)) is amended by

6 striking ‘‘has served for such felony or felonies’’ and all that

7 follows through the period and inserting ‘‘has been sen8 tenced for such felony or felonies to a term of imprisonment

9 of at least 5 years, if the time for appealing such conviction

10 or sentence has expired and the sentence has become final.’’.

11 SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UN12 DERLYING DEPORTATION ORDER.

13 (a) IN GENERAL.—Section 276 of the Immigration

14 and Nationality Act (8 U.S.C. 1326) is amended by adding

15 at the end the following new subsection:

16 ‘‘(c) In a criminal proceeding under this section, an

17 alien may not challenge the validity of the deportation

18 order described in subsection (a)(1) or subsection (b) unless

19 the alien demonstrates that—

20 ‘‘(1) the alien exhausted any administrative rem21 edies that may have been available to seek relief

22 against the order;

23 ‘‘(2) the deportation proceedings at which the

24 order was issued improperly deprived the alien of the

25 opportunity for judicial review; and
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1 ‘‘(3) the entry of the order was fundamentally

2 unfair.’’.

3 (b) EFFECTIVE DATE.—The amendment made by sub4 section (a) shall apply to criminal proceedings initiated

5 after the date of the enactment of this Act.

6 SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

7 Section 130002(a) of the Violent Crime Control and

8 Law Enforcement Act of 1994 (Public Law 103–322) is

9 amended to read as follows:

10 ‘‘(a) OPERATION AND PURPOSE.—The Commissioner

11 of Immigration and Naturalization shall, under the author12 ity of section 242(a)(3)(A) of the Immigration and Nation13 ality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien

14 identification system. The criminal alien identification sys15 tem shall be used to assist Federal, State, and local law

16 enforcement agencies in identifying and locating aliens who

17 may be subject to deportation by reason of their conviction

18 of aggravated felonies.’’.

19 SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RE20 LATED CRIMES AS RICO-PREDICATE OF21 FENSES.

22 Section 1961(1) of title 18, United States Code, is

23 amended—

24 (1) by inserting ‘‘section 1028 (relating to fraud

25 and related activity in connection with identification
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1 documents) if the act indictable under section 1028

2 was committed for the purpose of financial gain,’’ be3 fore ‘‘section 1029’’;

4 (2) by inserting ‘‘section 1542 (relating to false

5 statement in application and use of passport) if the

6 act indictable under section 1542 was committed for

7 the purpose of financial gain, section 1543 (relating

8 to forgery or false use of passport) if the act indict9 able under section 1543 was committed for the pur10 pose of financial gain, section 1544 (relating to mis11 use of passport) if the act indictable under section

12 1544 was committed for the purpose of financial gain,

13 section 1546 (relating to fraud and misuse of visas,

14 permits, and other documents) if the act indictable

15 under section 1546 was committed for the purpose of

16 financial gain, sections 1581–1588 (relating to peon17 age and slavery),’’ after ‘‘section 1513 (relating to re18 taliating against a witness, victim, or an inform19 ant),’’;

20 (3) by striking ‘‘or’’ before ‘‘(E)’’; and

21 (4) by inserting before the period at the end the

22 following: ‘‘, or (F) any act which is indictable under

23 the Immigration and Nationality Act, section 274

24 (relating to bringing in and harboring certain

25 aliens), section 277 (relating to aiding or assisting
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1 certain aliens to enter the United States), or section

2 278 (relating to importation of alien for immoral

3 purpose) if the act indictable under such section of

4 such Act was committed for the purpose of financial

5 gain’’.

6 SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGA7 TIONS.

8 Section 2516(1) of title 18, United States Code, is

9 amended—

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

11 (n),

12 (2) by redesignating paragraph (o) as paragraph

13 (p), and

14 (3) by inserting after paragraph (n) the follow15 ing new paragraph:

16 ‘‘(o) a felony violation of section 1028 (relating

17 to production of false identification documents), sec18 tion 1542 (relating to false statements in passport ap19 plications), section 1546 (relating to fraud and mis20 use of visas, permits, and other documents) of this

21 title or a violation of section 274, 277, or 278 of the

22 Immigration and Nationality Act (relating to the

23 smuggling of aliens); or’’.
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1 SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR

2 CRIMES OF MORAL TURPITUDE.

3 (a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the

4 Immigration and Nationality Act (8 U.S.C.

5 1251(a)(2)(A)(i)(II)) is amended to read as follows:

6 ‘‘(II) is convicted of a crime for

7 which a sentence of one year or longer

8 may be imposed,’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall apply to aliens against whom deportation

11 proceedings are initiated after the date of the enactment of

12 this Act.

13 SEC. 670. MISCELLANEOUS PROVISIONS.

14 (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN

15 DEPORTATION HEARINGS.—The second sentence of section

16 242(b) of the Immigration and Nationality Act (8 U.S.C.

17 1252(b)) is amended by inserting before the period the fol18 lowing: ‘‘; except that nothing in this subsection shall pre19 clude the Attorney General from authorizing proceedings by

20 electronic or telephonic media (with the consent of the alien)

21 or, where waived or agreed to by the parties, in the absence

22 of the alien’’.

23 (b) CODIFICATION.—

24 (1) Section 242(i) of such Act (8 U.S.C. 1252(i))

25 is amended by adding at the end the following: ‘‘Noth26 ing in this subsection shall be construed to create any
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1 substantive or procedural right or benefit that is le2 gally enforceable by any party against the United

3 States or its agencies or officers or any other per4 son.’’.

5 (2) Section 225 of the Immigration and Nation6 ality Technical Corrections Act of 1994 (Public Law

7 103–416) is amended by striking ‘‘and nothing in’’

8 and all that follows through ‘‘1252(i))’’.

9 (3) The amendments made by this subsection

10 shall take effect as if included in the enactment of the

11 Immigration and Nationality Technical Corrections

12 Act of 1994 (Public Law 103–416).

13 SEC. 671. CONSTRUCTION OF EXPEDITED DEPORTATION

14 REQUIREMENTS.

15 No amendment made by this Act shall be construed

16 to create any substantive or procedural right or benefit that

17 is legally enforceable by any party against the United

18 States or its agencies or officers or any other person.

19 SEC. 672. STUDY OF PRISONER TRANSFER TREATY WITH

20 MEXICO.

21 (a) REPORT TO CONGRESS.—Not later than 180 days

22 after the date of the enactment of this Act, the Secretary

23 of State and the Attorney General shall submit to the Con24 gress a report that describes the use and effectiveness of the

25 Prisoner Transfer Treaty with Mexico (in this section re-
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1 ferred to as the ‘‘Treaty’’) to remove from the United States

2 aliens who have been convicted of crimes in the United

3 States.

4 (b) USE OF TREATY.—The report under subsection (a)

5 shall include the following information:

6 (1) The number of aliens convicted of a criminal

7 offense in the United States since November 30, 1977,

8 who would have been or are eligible for transfer pur9 suant to the Treaty.

10 (2) The number of aliens described in paragraph

11 (1) who have been transferred pursuant to the Treaty.

12 (3) The number of aliens described in paragraph

13 (2) who have been incarcerated in full compliance

14 with the Treaty.

15 (4) The number of aliens who are incarcerated

16 in a penal institution in the United States who are

17 eligible for transfer pursuant to the Treaty.

18 (5) The number of aliens described in paragraph

19 (4) who are incarcerated in State and local penal in20 stitutions.

21 (c) EFFECTIVENESS OF TREATY.—The report under

22 subsection (a) shall include the recommendations of the Sec23 retary of State and the Attorney General to increase the

24 effectiveness and use of, and full compliance with, the Trea25 ty. In considering the recommendations under this sub-
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1 section, the Secretary and the Attorney General shall con2 sult with such State and local officials in areas dispropor3 tionately impacted by aliens convicted of criminal offenses

4 as the Secretary and the Attorney General consider appro5 priate. Such recommendations shall address the following

6 areas:

7 (1) Changes in Federal laws, regulations, and

8 policies affecting the identification, prosecution, and

9 deportation of aliens who have committed a criminal

10 offense in the United States.

11 (2) Changes in State and local laws, regulations,

12 and policies affecting the identification, prosecution,

13 and deportation of aliens who have committed a

14 criminal offense in the United States.

15 (3) Changes in the Treaty that may be necessary

16 to increase the number of aliens convicted of crimes

17 who may be transferred pursuant to the Treaty.

18 (4) Methods for preventing the unlawful re-entry

19 into the United States of aliens who have been con20 victed of criminal offenses in the United States and

21 transferred pursuant to the Treaty.

22 (5) Any recommendations of appropriate offi23 cials of the Mexican Government on programs to

24 achieve the goals of, and ensure full compliance with,

25 the Treaty.
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1 (6) An assessment of whether the recommenda2 tions under this subsection require the renegotiation

3 of the Treaty.

4 (7) The additional funds required to implement

5 each recommendation under this subsection.

6 SEC. 673. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING

7 TO JUSTICE ALIENS WHO FLEE PROSECUTION

8 FOR CRIMES IN THE UNITED STATES.

9 (a) ASSISTANCE TO STATES.—The Attorney General,

10 in cooperation with the Commissioner of Immigration and

11 Naturalization and the Secretary of State, shall designate

12 an office within the Department of Justice to provide tech13 nical and prosecutorial assistance to States and political

14 subdivisions of States in efforts to bring to justice aliens

15 who flee prosecution for crimes in the United States.

16 (b) REPORT TO CONGRESS.—Not later than one year

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

18 General shall compile and submit to the Congress a report

19 which assesses the nature and extent of the problem of bring20 ing to justice aliens who flee prosecution for crimes in the

21 United States.

22 SEC. 674. PRISONER TRANSFER TREATIES.

23 (a) NEGOTIATION.—Congress advises the President to

24 begin to negotiate and renegotiate, not later than 90 days

25 after the date of the enactment of this Act, bilateral prisoner
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1 transfer treaties. The focus of such negotiations shall be to

2 expedite the transfer of aliens unlawfully in the United

3 States who are incarcerated in United States prisons, to

4 ensure that a transferred prisoner serves the balance of the

5 sentence imposed by the United States courts, and to elimi6 nate any requirement of prisoner consent to such a transfer.

7 (b) CERTIFICATION.—The President shall submit to the

8 Congress, annually, a certification as to whether each pris9 oner transfer treaty in force is effective in returning aliens

10 unlawfully in the United States who have committed of11 fenses for which they are incarcerated in the United States

12 to their country of nationality for further incarceration.

13 SEC. 675. INTERIOR REPATRIATION PROGRAM.

14 Not later than 180 days after the date of enactment

15 of this Act, the Attorney General and the Commissioner of

16 Immigration and Naturalization shall develop and imple17 ment a program in which aliens who previously have ille18 gally entered the United States not less than 3 times and

19 are deported or returned to a country contiguous to the

20 United States will be returned to locations not less than

21 500 kilometers from that country’s border with the United

22 States.
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1 SEC. 676. DEPORTATION OF NONVIOLENT OFFENDERS

2 PRIOR TO COMPLETION OF SENTENCE OF IM3 PRISONMENT.

4 (a) IN GENERAL.—Section 242(h) of the Immigration

5 and Nationality Act (8 U.S.C. 1252(h)) is amended to read

6 as follows:

7 ‘‘(h)(1) Except as provided in paragraph (2), an alien

8 sentenced to imprisonment may not be deported until such

9 imprisonment has been terminated by the release of the

10 alien from confinement. Parole, supervised release, proba11 tion, or possibility of rearrest or further confinement in re12 spect of the same offense shall not be a ground for deferral

13 of deportation.

14 ‘‘(2) The Attorney General is authorized to deport an

15 alien in accordance with applicable procedures under this

16 Act prior to the completion of a sentence of imprisonment—

17 ‘‘(A) in the case of an alien in the custody of the

18 Attorney General, if the Attorney General determines

19 that (i) the alien is confined pursuant to a final con20 viction for a nonviolent offense (other than alien

21 smuggling), and (ii) such deportation of the alien is

22 appropriate and in the best interest of the United

23 States; or

24 ‘‘(B) in the case of an alien in the custody of a

25 State (or a political subdivision of a State), if the

26 chief State official exercising authority with respect to
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1 the incarceration of the alien determines that (i) the

2 alien is confined pursuant to a final conviction for a

3 nonviolent offense (other than alien smuggling), (ii)

4 such deportation is appropriate and in the best inter5 est of the State, and (iii) submits a written request

6 to the Attorney General that such alien be so de7 ported.

8 ‘‘(3) Any alien deported pursuant to this subsection

9 shall be notified of the penalties under the laws of the

10 United States relating to the reentry of deported aliens,

11 particularly the expanded penalties for aliens deported

12 under paragraph (2).’’.

13 (b) REENTRY OF ALIEN DEPORTED PRIOR TO COM14 PLETION OF TERM OF IMPRISONMENT.—Section 276 of the

15 Immigration and Nationality Act (8 U.S.C. 1326) amended

16 by adding at the end the following new subsection:

17 ‘‘(c) Any alien deported pursuant to section 242(h)(2)

18 who enters, attempts to enter, or is at any time found in,

19 the United States (unless the Attorney General has expressly

20 consented to such alien’s reentry) shall be incarcerated for

21 the remainder of the sentence of imprisonment which was

22 pending at the time of deportation without any reduction

23 for parole or supervised release. Such alien shall be subject

24 to such other penalties relating to the reentry of deported
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1 aliens as may be available under this section or any other

2 provision of law.’’.

3 SEC. 677. AUTHORIZING STATE AND LOCAL LAW ENFORCE4 MENT OFFICIALS TO ARREST AND DETAIN

5 CERTAIN ILLEGAL ALIENS.

6 (a) IN GENERAL.—Notwithstanding any other provi7 sion of law, to the extent permitted by relevant State and

8 local law, State and local law enforcement officials are au9 thorized to arrest and detain an individual who—

10 (1) is an alien illegally present in the United

11 States and

12 (2) has previously been convicted of a felony in

13 the United States and deported or left the United

14 States after such conviction,

15 but only after the State or local law enforcement officials

16 obtain appropriate confirmation from the Immigration and

17 Naturalization Service of the status of such individual and

18 only for such period of time as may be required for the

19 Service to take the individual into Federal custody for pur20 poses of deporting or removing the alien from the United

21 States.

22 (b) COOPERATION.—The Attorney General shall co23 operate with the States to assure that information in the

24 control of the Attorney General, including information in

25 the National Crime Information Center, that would assist
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1 State and local law enforcement officials in carrying out

2 duties under subsection (a) is made available to such offi3 cials.

4 TITLE VII—AUTHORIZATION AND

5 FUNDING

6 SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN7 ING.

8 The Attorney General may award grants in consulta9 tion with the Federal Emergency Management Agency for

10 the purposes of providing specialized training or equipment

11 to enhance the capability of metropolitan fire and emer12 gency service departments to respond to terrorist attacks.

13 To carry out the purposes of this section, there is authorized

14 to be appropriated $5,000,000 for fiscal year 1996.

15 SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PRO16 CURE EXPLOSIVE DETECTION DEVICES AND

17 OTHER COUNTER-TERRORISM TECHNOLOGY.

18 There is authorized to be appropriated not to exceed

19 $10,000,000 for fiscal years 1996 and 1997 to the President

20 to provide assistance to foreign countries facing an immi21 nent danger of terrorist attack that threatens the national

22 interest of the United States or puts United States nation23 als at risk—

24 (1) in obtaining explosive detection devices and

25 other counter-terrorism technology; and
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1 (2) in conducting research and development

2 projects on such technology.

3 SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT

4 COUNTER-TERRORISM TECHNOLOGIES.

5 There are authorized to be appropriated not to exceed

6 $10,000,000 to the National Institute of Justice Science and

7 Technology Office—

8 (1) to develop technologies that can be used to

9 combat terrorism, including technologies in the areas

10 of—

11 (A) detection of weapons, explosives, chemi12 cals, and persons;

13 (B) tracking;

14 (C) surveillance;

15 (D) vulnerability assessment; and

16 (E) information technologies;

17 (2) to develop standards to ensure the adequacy

18 of products produced and compatibility with relevant

19 national systems; and

20 (3) to identify and assess requirements for tech21 nologies to assist State and local law enforcement in

22 the national program to combat terrorism.

23 SEC. 704. SENSE OF CONGRESS.

24 It is the sense of Congress that, whenever practicable

25 recipients of any sums authorized to be appropriated by
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1 this Act, should use the money to purchase American-made

2 products.

3 TITLE VIII—MISCELLANEOUS

4 SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR

5 THE PURCHASE AND USE OF HIGH EXPLO6 SIVES.

7 The Secretary of the Treasury, in consultation with

8 the Federal Bureau of Investigation, shall conduct a study

9 of State licensing requirements for the purchase and use of

10 commercial high explosives, including detonators, detonat11 ing cords, dynamite, water gel, emulsion, blasting agents,

12 and boosters. Not later than 180 days after the date of the

13 enactment of this Act, the Secretary shall report to Congress

14 the results of this study, together with any recommendations

15 the Secretary determines are appropriate.

16 SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

17 (a) REQUIRING COMPENSATION FOR TERRORIST

18 CRIMES.—Section 1403(d)(3) of the Victims of Crime Act

19 of 1984 (42 U.S.C. 10603(d)(3)) is amended—

20 (1) by inserting ‘‘crimes involving terrorism,’’

21 before ‘‘driving while intoxicated’’; and

22 (2) by inserting a comma after ‘‘driving while

23 intoxicated’’.

24 (b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of

25 the Victims of Crime Act of 1984 (42 U.S.C.
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1 10603(b)(6)(B)) is amended by inserting ‘‘are outside the

2 United States (if the compensable crime is terrorism, as de3 fined in section 2331 of title 18, United States Code), or’’

4 before ‘‘are States not having’’.

5 SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERROR6 IST STATES.

7 (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY

8 FOR CERTAIN CASES.—Section 1605 of title 28, United

9 States Code, is amended—

10 (1) in subsection (a)—

11 (A) by striking ‘‘or’’ at the end of para12 graph (5);

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

14 paragraph (6) and inserting ‘‘; or’’; and

15 (C) by adding at the end the following new

16 paragraph:

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

18 which money damages are sought against a foreign

19 state for personal injury or death that was caused by

20 an act of torture, extrajudicial killing, aircraft sabo21 tage, hostage taking, or the provision of material sup22 port or resources (as defined in section 2339A of title

23 18) for such an act if such act or provision of mate24 rial support is engaged in by an official, employee, or

25 agent of such foreign state while acting within the
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1 scope of his or her office, employment, or agency, ex2 cept that the court shall decline to hear a claim under

3 this paragraph—

4 ‘‘(A) if the act occurred in the foreign state

5 against which the claim has been brought and

6 the claimant has not afforded the foreign state a

7 reasonable opportunity to arbitrate the claim in

8 accordance with accepted international rules of

9 arbitration;

10 ‘‘(B) if the claimant or victim was not a

11 national of the United States (as that term is de12 fined in section 101(a)(22) of the Immigration

13 and Nationality Act) when the act upon which

14 the claim is based occurred; or

15 ‘‘(C) if the act occurred in the foreign state

16 against which the claim has been brought and

17 that state establishes that procedures and rem18 edies are available in such state which comport

19 with fundamental fairness and due process.’’;

20 and

21 (2) by adding at the end the following:

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

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

24 have the meaning given those terms in section 3 of the

25 Torture Victim Protection Act of 1991;
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1 ‘‘(2) the term ‘hostage taking’ has the meaning

2 given that term in Article 1 of the International Con3 vention Against the Taking of Hostages; and

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

5 given that term in Article 1 of the Convention for the

6 Suppression of Unlawful Acts Against the Safety of

7 Civil Aviation.

8 ‘‘(f) No action shall be maintained under subsection

9 (a)(7) unless the action is commenced not later than 10

10 years after the date on which the cause of action arose. All

11 principles of equitable tolling, including the period during

12 which the foreign state was immune from suit, shall apply

13 in calculating this limitation period.’’.

14 (b) EXCEPTION TO IMMUNITY FROM ATTACHMENT.—

15 (1) FOREIGN STATE.—Section 1610(a) of title

16 28, United States Code, is amended—

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

18 paragraph (6) and inserting ‘‘, or’’; and

19 (B) by adding at the end the following new

20 paragraph:

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

22 the foreign state is not immune under section

23 1605(a)(7), regardless of whether the property is or

24 was involved with the act upon which the claim is

25 based.’’.
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1 (2) AGENCY OR INSTRUMENTALITY.—Section

2 1610(b)(2) of such title is amended—

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

4 or (7)’’; and

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

6 inserting ‘‘involved in the act’’.

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

8 title shall apply to any cause of action arising before, on,

9 or after the date of the enactment of this Act.

10 SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL

11 MATERIAL ON THE MAKING OF BOMBS, DE12 STRUCTIVE DEVICES, AND WEAPONS OF MASS

13 DESTRUCTION.

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

15 with such other officials and individuals as the Attorney

16 General deems appropriate, shall conduct a study concern17 ing—

18 (1) the extent to which there are available to the

19 public material in any medium (including print,

20 electronic, or film) that instructs how to make bombs,

21 other destructive devices, and weapons of mass de22 struction;

23 (2) the extent to which information gained from

24 such material has been used in incidents of domestic

25 and international terrorism;
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1 (3) the likelihood that such information may be

2 used in future incidents of terrorism; and

3 (4) the application of existing Federal laws to

4 such material, the need and utility, if any, for addi5 tional laws, and an assessment of the extent to which

6 the First Amendment protects such material and its

7 private and commercial distribution.

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

9 of the enactment of this Act, the Attorney General shall sub10 mit to the Congress a report that contains the results of

11 the study required by this section. The Attorney General

12 shall make the report available to the public.

13 SEC. 805. COMPILATION OF STATISTICS RELATING TO IN14 TIMIDATION OF GOVERNMENT EMPLOYEES.

15 (a) FINDINGS.—Congress finds that—

16 (1) threats of violence and acts of violence are

17 mounting against Federal, State, and local govern18 ment employees and their families in attempts to stop

19 public servants from performing their lawful duties;

20 (2) these acts are a danger to our constitutional

21 form of government; and

22 (3) more information is needed as to the extent

23 of the danger and its nature so that steps can be

24 taken to protect public servants at all levels of govern25 ment in the performance of their duties.
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1 (b) STATISTICS.—The Attorney General shall acquire

2 data, for the calendar year 1990 and each succeeding cal3 endar year about crimes and incidents of threats of violence

4 and acts of violence against Federal, State, and local gov5 ernment employees in performance of their lawful duties.

6 Such data shall include—

7 (1) in the case of crimes against such employees,

8 the nature of the crime; and

9 (2) in the case of incidents of threats of violence

10 and acts of violence, including verbal and implicit

11 threats against such employees, whether or not crimi12 nally punishable, which deter the employees from the

13 performance of their jobs.

14 (c) GUIDELINES.—The Attorney General shall estab15 lish guidelines for the collection of such data, including

16 what constitutes sufficient evidence of noncriminal inci17 dents required to be reported.

18 (d) ANNUAL PUBLISHING.—The Attorney General

19 shall publish an annual summary of the data acquired

20 under this section. Otherwise such data shall be used only

21 for research and statistical purposes.

22 (e) EXEMPTION.—The United States Secret Service is

23 not required to participate in any statistical reporting ac24 tivity under this section with respect to any direct or indi25 rect threats made against any individual for whom the
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1 United States Secret Service is authorized to provide pro2 tection.

3 SEC. 806. VICTIM RESTITUTION ACT OF 1995.

4 (a) ORDER OF RESTITUTION.—Section 3663 of title

5 18, United States Code, is amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1)—

8 (i) by striking ‘‘may order, in addition

9 to or, in the case of a misdemeanor, in lieu

10 of any other penalty authorized by law’’

11 and inserting ‘‘shall order’’; and

12 (ii) by adding at the end the following:

13 ‘‘The requirement of this paragraph does

14 not affect the power of the court to impose

15 any other penalty authorized by law. In the

16 case of a misdemeanor, the court may im17 pose restitution in lieu of any other penalty

18 authorized by law.’’;

19 (B) by adding at the end the following:

20 ‘‘(4) In addition to ordering restitution to the victim

21 of the offense of which a defendant is convicted, a court may

22 order restitution to any person who, as shown by a prepon23 derance of evidence, was harmed physically, emotionally,

24 or pecuniarily, by unlawful conduct of the defendant dur25 ing—
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1 ‘‘(A) the criminal episode during which the of2 fense occurred; or

3 ‘‘(B) the course of a scheme, conspiracy, or pat4 tern of unlawful activity related to the offense.’’;

5 (2) in subsection (b)(1)(B) by striking ‘‘imprac6 tical’’ and inserting ‘‘impracticable’’;

7 (3) in subsection (b)(2) by inserting ‘‘emotional

8 or’’ after ‘‘resulting in’’;

9 (4) in subsection (b)—

10 (A) by striking ‘‘and’’ at the end of para11 graph (4);

12 (B) by redesignating paragraph (5) as

13 paragraph (6); and

14 (C) by inserting after paragraph (4) the fol15 lowing new paragraph:

16 ‘‘(5) in any case, reimburse the victim for lost

17 income and necessary child care, transportation, and

18 other expenses related to participation in the inves19 tigation or prosecution of the offense or attendance at

20 proceedings related to the offense; and’’;

21 (5) in subsection (c) by striking ‘‘If the court de22 cides to order restitution under this section, the’’ and

23 inserting ‘‘The’’;

24 (6) by striking subsections (d), (e), (f), (g), and

25 (h);
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1 (7) by redesignating subsection (i) as subsection

2 (m); and

3 (8) by inserting after subsection (c) the follow4 ing:

5 ‘‘(d)(1) The court shall order restitution to a victim

6 in the full amount of the victim’s losses as determined by

7 the court and without consideration of—

8 ‘‘(A) the economic circumstances of the offender;

9 or

10 ‘‘(B) the fact that a victim has received or is en11 titled to receive compensation with respect to a loss

12 from insurance or any other source.

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

14 owed to each victim, the court shall specify in the restitu15 tion order the manner in which and the schedule according

16 to which the restitution is to be paid, in consideration of—

17 ‘‘(A) the financial resources and other assets of

18 the offender;

19 ‘‘(B) projected earnings and other income of the

20 offender; and

21 ‘‘(C) any financial obligations of the offender,

22 including obligations to dependents.

23 ‘‘(3) A restitution order may direct the offender to

24 make a single, lump-sum payment, partial payment at

25 specified intervals, or such in-kind payments as may be
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1 agreeable to the victim and the offender. A restitution order

2 shall direct the offender to give appropriate notice to vic3 tims and other persons in cases where there are multiple

4 victims or other persons who may receive restitution, and

5 where the identity of such victims and other persons can

6 be reasonably determined.

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

8 may be in the form of—

9 ‘‘(A) return of property;

10 ‘‘(B) replacement of property; or

11 ‘‘(C) services rendered to the victim or to a per12 son or organization other than the victim.

13 ‘‘(e) When the court finds that more than 1 offender

14 has contributed to the loss of a victim, the court may make

15 each offender liable for payment of the full amount of res16 titution or may apportion liability among the offenders to

17 reflect the level of contribution and economic circumstances

18 of each offender.

19 ‘‘(f) When the court finds that more than 1 victim has

20 sustained a loss requiring restitution by an offender, the

21 court shall order full restitution to each victim but may

22 provide for different payment schedules to reflect the eco23 nomic circumstances of each victim.

24 ‘‘(g)(1) If the victim has received or is entitled to re25 ceive compensation with respect to a loss from insurance
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1 or any other source, the court shall order that restitution

2 be paid to the person who provided or is obligated to provide

3 the compensation, but the restitution order shall provide

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

5 to the victims before any restitution is paid to such a pro6 vider of compensation.

7 ‘‘(2) The issuance of a restitution order shall not affect

8 the entitlement of a victim to receive compensation with

9 respect to a loss from insurance or any other source until

10 the payments actually received by the victim under the res11 titution order fully compensate the victim for the loss, at

12 which time a person that has provided compensation to the

13 victim shall be entitled to receive any payments remaining

14 to be paid under the restitution order.

15 ‘‘(3) Any amount paid to a victim under an order of

16 restitution shall be set off against any amount later recov17 ered as compensatory damages by the victim in—

18 ‘‘(A) any Federal civil proceeding; and

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

20 provided by the law of the State.

21 ‘‘(h) A restitution order shall provide that—

22 ‘‘(1) all fines, penalties, costs, restitution pay23 ments and other forms of transfers of money or prop24 erty made pursuant to the sentence of the court shall

25 be made by the offender to an entity designated by the
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1 Director of the Administrative Office of the United

2 States Courts for accounting and payment by the en3 tity in accordance with this subsection;

4 ‘‘(2) the entity designated by the Director of the

5 Administrative Office of the United States Courts

6 shall—

7 ‘‘(A) log all transfers in a manner that

8 tracks the offender’s obligations and the current

9 status in meeting those obligations, unless, after

10 efforts have been made to enforce the restitution

11 order and it appears that compliance cannot be

12 obtained, the court determines that continued

13 recordkeeping under this subparagraph would

14 not be useful; and

15 ‘‘(B) notify the court and the interested

16 parties when an offender is 30 days in arrears

17 in meeting those obligations; and

18 ‘‘(3) the offender shall advise the entity des19 ignated by the Director of the Administrative Office

20 of the United States Courts of any change in the of21 fender’s address during the term of the restitution

22 order.

23 ‘‘(i) A restitution order shall constitute a lien against

24 all property of the offender and may be recorded in any
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1 Federal or State office for the recording of liens against real

2 or personal property.

3 ‘‘(j) Compliance with the schedule of payment and

4 other terms of a restitution order shall be a condition of

5 any probation, parole, or other form of release of an of6 fender. If a defendant fails to comply with a restitution

7 order, the court may revoke probation or a term of super8 vised release, modify the term or conditions of probation

9 or a term of supervised release, hold the defendant in con10 tempt of court, enter a restraining order or injunction,

11 order the sale of property of the defendant, accept a per12 formance bond, or take any other action necessary to obtain

13 compliance with the restitution order. In determining what

14 action to take, the court shall consider the defendant’s em15 ployment status, earning ability, financial resources, the

16 willfulness in failing to comply with the restitution order,

17 and any other circumstances that may have a bearing on

18 the defendant’s ability to comply with the restitution order.

19 ‘‘(k) An order of restitution may be enforced—

20 ‘‘(1) by the United States—

21 ‘‘(A) in the manner provided for the collec22 tion and payment of fines in subchapter B of

23 chapter 229 of this title; or

24 ‘‘(B) in the same manner as a judgment in

25 a civil action; and
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1 ‘‘(2) by a victim named in the order to receive

2 the restitution, in the same manner as a judgment in

3 a civil action.

4 ‘‘(l) A victim or the offender may petition the court

5 at any time to modify a restitution order as appropriate

6 in view of a change in the economic circumstances of the

7 offender.’’.

8 (b) PROCEDURE FOR ISSUING ORDER OF RESTITU9 TION.—Section 3664 of title 18, United States Code, is

10 amended—

11 (1) by striking subsection (a);

12 (2) by redesignating subsections (b), (c), (d), and

13 (e) as subsections (a), (b), (c), and (d);

14 (3) by amending subsection (a), as redesignated

15 by paragraph (2), to read as follows:

16 ‘‘(a) The court may order the probation service of the

17 court to obtain information pertaining to the amount of

18 loss sustained by any victim as a result of the offense, the

19 financial resources of the defendant, the financial needs and

20 earning ability of the defendant and the defendant’s depend21 ents, and such other factors as the court deems appropriate.

22 The probation service of the court shall include the informa23 tion collected in the report of presentence investigation or

24 in a separate report, as the court directs.’’; and
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1 (4) by adding at the end thereof the following

2 new subsection:

3 ‘‘(e) The court may refer any issue arising in connec4 tion with a proposed order of restitution to a magistrate

5 or special master for proposed findings of fact and rec6 ommendations as to disposition, subject to a de novo deter7 mination of the issue by the court.’’.

8 SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVI9 TIES.

10 The Director of the Federal Bureau of Investigation is

11 authorized to support law enforcement training activities

12 in foreign countries for the purpose of improving the effec13 tiveness of the United States in investigating and prosecut14 ing transnational offenses.

15 SEC. 808. CLOSED CIRCUIT TELEVISED COURT PROCEED16 INGS FOR VICTIMS OF CRIME.

17 (a) IN GENERAL.—Notwithstanding any provision of

18 the Federal Rules of Criminal Procedure to the contrary,

19 in order to permit victims of crime to watch criminal trial

20 proceedings in cases where the venue of the trial is

21 changed—

22 (1) out of the State in which the case was ini23 tially brought; and
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1 (2) more than 350 miles from the location in

2 which those proceedings originally would have taken

3 place;

4 the courts involved shall, if donations under subsection (b)

5 will defray the entire cost of doing so, order closed circuit

6 televising of the proceedings to that location, for viewing

7 by such persons the courts determine have a compelling in8 terest in doing so and are otherwise unable to do so by rea9 son of the inconvenience and expense caused by the change

10 of venue.

11 (b) NO REBROADCAST.—No rebroadcast of the proceed12 ings shall be made.

13 (c) LIMITED ACCESS.—

14 (1) GENERALLY.—No other person, other than of15 ficial court and security personnel, or other persons

16 specifically designated by the courts, shall be per17 mitted to view the closed circuit televising of the pro18 ceedings.

19 (2) EXCEPTION.—The courts shall not designate

20 a person under paragraph (1) if the presiding judge

21 at the trial determines that testimony by that person

22 would be materially affected if that person heard

23 other testimony at the trial.

24 (d) DONATIONS.—The Administrative Office of the

25 United States Courts may accept donations to enable the
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1 courts to carry out subsection (a). No appropriated money

2 shall be used to carry out such subsection.

3 (e) DEFINITION.—As used in this section, the term

4 ‘‘State’’ includes the District of Columbia and any other

5 possession or territory of the United States.

6 SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

7 There is authorized to be appropriated for each of fis8 cal years 1996 through 2000 to the Federal Bureau of Inves9 tigation such sums as are necessary—

10 (1) to hire additional personnel, and to procure

11 equipment, to support expanded investigations of do12 mestic and international terrorism activities;

13 (2) to establish a Domestic Counterterrorism

14 Center to coordinate and centralize Federal, State,

15 and local law enforcement efforts in response to major

16 terrorist incidents, and as a clearinghouse for all do17 mestic and international terrorism information and

18 intelligence; and

19 (3) to cover costs associated with providing law

20 enforcement coverage of public events offering the po21 tential of being targeted by domestic or international

22 terrorists.
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1 TITLE IX—HABEAS CORPUS

2 REFORM

3 SEC. 901. FILING DEADLINES.

4 Section 2244 of title 28, United States Code, is amend5 ed by adding at the end the following new subsection:

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

7 an application for a write of habeas corpus by a person

8 in custody pursuant to the judgment of a State court. The

9 limitation period shall run from the latest of—

10 ‘‘(A) the date on which the judgment became

11 final by the conclusion of direct review or the expira12 tion of the time for seeking such review;

13 ‘‘(B) the date on which the impediment to filing

14 an application created by State action in violation of

15 the Constitution or laws of the United States is re16 moved, if the applicant was prevented from filing by

17 such State action;

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

19 asserted was initially recognized by the Supreme

20 Court, if the right has been newly recognized by the

21 Supreme Court and made retroactively applicable to

22 cases on collateral review; or

23 ‘‘(D) the date on which the factual predicate of

24 the claim or claims presented could have been discov25 ered through the exercise of due diligence.
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1 ‘‘(2) The time during which a properly filed applica2 tion for State post-conviction or other collateral review with

3 respect to the pertinent judgment or claim shall not be

4 counted toward any period of limitation under this sub5 section.’’.

6 SEC. 902. APPEAL.

7 Section 2253 of title 28, United States Code, is amend8 ed to read as follows:

9 ‘‘§ 2253. Appeal

10 ‘‘(a) In a habeas corpus proceeding or a proceeding

11 under section 2255 before a district judge, the final order

12 shall be subject to review, on appeal, by the court of appeals

13 for the circuit in which the proceeding is held.

14 ‘‘(b) There shall be no right of appeal from a final

15 order in a proceeding to test the validity of a warrant to

16 remove to another district or place for commitment or trial

17 a person charged with a criminal offense against the United

18 States, or to test the validity of such person’s detention

19 pending removal proceedings.

20 ‘‘(c)(1) Unless a circuit justice or judge issues a certifi21 cate of appealability, an appeal may not be taken to the

22 court of appeals from—

23 ‘‘(A) the final order in a habeas corpus proceed24 ing in which the detention complained of arises out

25 of process issued by a State court; or
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1 ‘‘(B) the final order in a proceeding under sec2 tion 2255.

3 ‘‘(2) A certificate of appealability may issue under

4 paragraph (1) only if the applicant has made a substantial

5 showing of the denial of a constitutional right.

6 ‘‘(3) The certificate of appealability under paragraph

7 (1) shall indicate which specific issue or issues satisfy the

8 showing required by paragraph (2).’’.

9 SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE

10 PROCEDURE.

11 Rule 22 of the Federal Rules of Appellate Procedure

12 is amended to read as follows:

13 ‘‘Rule 22. Habeas corpus and section 2255 proceedings

14 ‘‘(a) APPLICATION FOR THE ORIGINAL WRIT.—An ap15 plication for a writ of habeas corpus shall be made to the

16 appropriate district court. If application is made to a cir17 cuit judge, the application shall be transferred to the appro18 priate district court. If an application is made to or trans19 ferred to the district court and denied, renewal of the appli20 cation before a circuit judge shall not be permitted. The ap21 plicant may, pursuant to section 2253 of title 28, United

22 States Code, appeal to the appropriate court of appeals

23 from the order of the district court denying the writ.

24 ‘‘(b) CERTIFICATE OF APPEALABILITY.—In a habeas

25 corpus proceeding in which the detention complained of
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1 arises out of process issued by a State court, an appeal by

2 the applicant for the writ may not proceed unless a district

3 or a circuit judge issues a certificate of appealability pursu4 ant to section 2253(c) of title 28, United States Code. If

5 an appeal is taken by the applicant, the district judge who

6 rendered the judgment shall either issue a certificate of

7 appealability or state the reasons why such a certificate

8 should not issue. The certificate or the statement shall be

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

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

11 district judge has denied the certificate, the applicant for

12 the writ may then request issuance of the certificate by a

13 circuit judge. If such a request is addressed to the court

14 of appeals, it shall be deemed addressed to the judges thereof

15 and shall be considered by a circuit judge or judges as the

16 court deems appropriate. If no express request for a certifi17 cate is filed, the notice of appeal shall be deemed to con18 stitute a request addressed to the judges of the court of ap19 peals. If an appeal is taken by a State or its representative,

20 a certificate of appealability is not required.’’.

21 SEC. 904. SECTION 2254 AMENDMENTS.

22 Section 2254 of title 28, United States Code, is amend23 ed—

24 (1) by amending subsection (b) to read as fol25 lows:
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1 ‘‘(b)(1) An application for a writ of habeas corpus on

2 behalf of a person in custody pursuant to the judgment of

3 a State court shall not be granted unless it appears that—

4 ‘‘(A) the applicant has exhausted the remedies

5 available in the courts of the State; or

6 ‘‘(B)(i) there is an absence of available State cor7 rective process; or

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

9 ineffective to protect the rights of the applicant.

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

11 be denied on the merits, notwithstanding the failure of the

12 applicant to exhaust the remedies available in the courts

13 of the State.

14 ‘‘(3) A State shall not be deemed to have waived the

15 exhaustion requirement or be estopped from reliance upon

16 the requirement unless the State, through counsel, expressly

17 waives the requirement.’’;

18 (2) by redesignating subsections (d), (e), and (f)

19 as subsections (e), (f), and (g), respectively;

20 (3) by inserting after subsection (c) the following

21 new subsection:

22 ‘‘(d) An application for a writ of habeas corpus on

23 behalf of a person in custody pursuant to the judgment of

24 a State court shall not be granted with respect to any claim
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1 that was adjudicated on the merits in State court proceed2 ings unless the adjudication of the claim—

3 ‘‘(1) resulted in a decision that was contrary to,

4 or involved an unreasonable application of, clearly es5 tablished Federal law, as determined by the Supreme

6 Court of the United States; or

7 ‘‘(2) resulted in a decision that was based on an

8 unreasonable determination of the facts in light of the

9 evidence presented in the State court proceeding.’’;

10 (4) by amending subsection (e), as redesignated

11 by paragraph (2), to read as follows:

12 ‘‘(e)(1) In a proceeding instituted by an application

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

14 to the judgment of a State court, a determination of a fac15 tual issue made by a State court shall be presumed to be

16 correct. The applicant shall have the burden of rebutting

17 the presumption of correctness by clear and convincing evi18 dence.

19 ‘‘(2) If the applicant has failed to develop the factual

20 basis of a claim in State court proceedings, the court shall

21 not hold an evidentiary hearing on the claim unless the ap22 plicant shows that—

23 ‘‘(A) the claim relies on—

24 ‘‘(i) a new rule of constitutional law, made

25 retroactive to cases on collateral review by the
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1 Supreme Court, that was previously unavailable;

2 or

3 ‘‘(ii) a factual predicate that could not have

4 been previously discovered through the exercise of

5 due diligence; and

6 ‘‘(B) the facts underlying the claim would be suf7 ficient to establish by clear and convincing evidence

8 that but for constitutional error, no reasonable

9 factfinder would have found the applicant guilty of

10 the underlying offense.’’; and

11 (5) by adding at the end the following new sub12 sections:

13 ‘‘(h) Except as provided in section 408 of the Con14 trolled Substances Act, in all proceedings brought under this

15 section, and any subsequent proceedings on review, the

16 court may appoint counsel for an applicant who is or be17 comes financially unable to afford counsel, except as pro18 vided by a rule promulgated by the Supreme Court pursu19 ant to statutory authority. Appointment of counsel under

20 this section shall be governed by section 3006A of title 18.

21 ‘‘(i) The ineffectiveness or incompetence of counsel dur22 ing Federal or State collateral post-conviction proceedings

23 shall not be a ground for relief in a proceeding arising

24 under section 2254.’’.
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1 SEC. 905. SECTION 2255 AMENDMENTS.

2 Section 2255 of title 28, United States Code, is amend3 ed—

4 (1) by striking the second and fifth undesignated

5 paragraphs; and

6 (2) by adding at the end the following new un7 designated paragraphs:

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

9 under this section. The limitation period shall run from the

10 latest of—

11 ‘‘(1) the date on which the judgment of convic12 tion becomes final;

13 ‘‘(2) the date on which the impediment to mak14 ing a motion created by governmental action in viola15 tion of the Constitution or laws of the United States

16 is removed, if the movant was prevented from making

17 a motion by such governmental action;

18 ‘‘(3) the date on which the right asserted was

19 initially recognized by the Supreme Court, if that

20 right has been newly recognized by the Supreme

21 Court and made retroactively applicable to cases on

22 collateral review; or

23 ‘‘(4) the date on which the facts supporting the

24 claim or claims presented could have been discovered

25 through the exercise of due diligence.
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1 ‘‘Except as provided in section 408 of the Controlled

2 Substances Act, in all proceedings brought under this sec3 tion, and any subsequent proceedings on review, the court

4 may appoint counsel for a movant who is or becomes finan5 cially unable to afford counsel shall be in the discretion of

6 the court, except as provided by a rule promulgated by the

7 Supreme Court pursuant to statutory authority. Appoint8 ment of counsel under this section shall be governed by sec9 tion 3006A of title 18.

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

11 provided in section 2244 by a panel of the appropriate

12 court of appeals to contain—

13 ‘‘(1) newly discovered evidence that, if proven

14 and viewed in light of the evidence as a whole, would

15 be sufficient to establish by clear and convincing evi16 dence that no reasonable factfinder would have found

17 the movant guilty of the offense; or

18 ‘‘(2) a new rule of constitutional law, made ret19 roactive to cases on collateral review by the Supreme

20 Court, that was previously unavailable.’’.

21 SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICA22 TIONS.

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

24 Section 2244(a) of title 28, United States Code, is amended

25 by striking ‘‘and the petition’’ and all that follows through
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1 ‘‘by such inquiry.’’ and inserting ‘‘, except as provided in

2 section 2255.’’.

3 (b) LIMITS ON SECOND OR SUCCESSIVE APPLICA4 TIONS.—Section 2244(b) of title 28, United States Code, is

5 amended to read as follows:

6 ‘‘(b)(1) A claim presented in a second or successive ha7 beas corpus application under section 2254 that was pre8 sented in a prior application shall be dismissed.

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

10 corpus application under section 2254 that was not pre11 sented in a prior application shall be dismissed unless—

12 ‘‘(A) the applicant shows that the claim relies on

13 a new rule of constitutional law, made retroactive to

14 cases on collateral review by the Supreme Court, that

15 was previously unavailable; or

16 ‘‘(B)(i) the factual predicate for the claim could

17 not have been discovered previously through the exer18 cise of due diligence; and

19 ‘‘(ii) the facts underlying the claim, if proven

20 and viewed in light of the evidence as a whole, would

21 be sufficient to establish by clear and convincing evi22 dence that, but for constitutional error, no reasonable

23 factfinder would have found the applicant guilty of

24 the underlying offense.
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1 ‘‘(3)(A) Before a second or successive application per2 mitted by this section is filed in the district court, the appli3 cant shall move in the appropriate court of appeals for an

4 order authorizing the district court to consider the applica5 tion.

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

7 authorizing the district court to consider a second or succes8 sive application shall be determined by a three-judge panel

9 of the court of appeals.

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

11 a second or successive application only if it determines that

12 the application makes a prima facie showing that the appli13 cation satisfies the requirements of this subsection.

14 ‘‘(D) The court of appeals shall grant or deny the au15 thorization to file a second or successive application not

16 later than 30 days after the filing of the motion.

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

18 court of appeals to file a second or successive application

19 shall not be appealable and shall not be the subject of a

20 petition for rehearing or for a writ of certiorari.

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

22 in a second or successive application that the court of ap23 peals has authorized to be filed unless the applicant shows

24 that the claim satisfies the requirements of this section.’’.
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1 SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

2 (a) ADDITION OF CHAPTER TO TITLE 28, UNITED

3 STATES CODE.—Title 28, United States Code, is amended

4 by inserting after chapter 153 the following new chapter:

5 ‘‘CHAPTER 154—SPECIAL HABEAS CORPUS

6 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.

7 ‘‘§ 2261. Prisoners in State custody subject to capital

8 sentence; appointment of counsel; require9 ment of rule of court or statute; proce10 dures for appointment

11 ‘‘(a) This chapter shall apply to cases arising under

12 section 2254 brought by prisoners in State custody who are

13 subject to a capital sentence. It shall apply only if the provi14 sions of subsections (b) and (c) are satisfied.

15 ‘‘(b) This chapter is applicable if a State establishes

16 by statute, rule of its court of last resort, or by another

17 agency authorized by State law, a mechanism for the ap18 pointment, compensation, and payment of reasonable liti19 gation expenses of competent counsel in State post-convic20 tion proceedings brought by indigent prisoners whose cap-
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1 ital convictions and sentences have been upheld on direct

2 appeal to the court of last resort in the State or have other3 wise become final for State law purposes. The rule of court

4 or statute must provide standards of competency for the ap5 pointment of such counsel.

6 ‘‘(c) Any mechanism for the appointment, compensa7 tion, and reimbursement of counsel as provided in sub8 section (b) must offer counsel to all State prisoners under

9 capital sentence and must provide for the entry of an order

10 by a court of record—

11 ‘‘(1) appointing one or more counsels to rep12 resent the prisoner upon a finding that the prisoner

13 is indigent and accepted the offer or is unable com14 petently to decide whether to accept or reject the offer;

15 ‘‘(2) finding, after a hearing if necessary, that

16 the prisoner rejected the offer of counsel and made the

17 decision with an understanding of its legal con18 sequences; or

19 ‘‘(3) denying the appointment of counsel upon a

20 finding that the prisoner is not indigent.

21 ‘‘(d) No counsel appointed pursuant to subsections (b)

22 and (c) to represent a State prisoner under capital sentence

23 shall have previously represented the prisoner at trial or

24 on direct appeal in the case for which the appointment is
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1 made unless the prisoner and counsel expressly request con2 tinued representation.

3 ‘‘(e) The ineffectiveness or incompetence of counsel dur4 ing State or Federal post-conviction proceedings in a cap5 ital case shall not be a ground for relief in a proceeding

6 arising under section 2254. This limitation shall not pre7 clude the appointment of different counsel, on the court’s

8 own motion or at the request of the prisoner, at any phase

9 of State or Federal post-conviction proceedings on the basis

10 of the ineffectiveness or incompetence of counsel in such pro11 ceedings.

12 ‘‘§ 2262. Mandatory stay of execution; duration; limits

13 on stays of execution; successive petitions

14 ‘‘(a) Upon the entry in the appropriate State court

15 of record of an order under section 2261(c), a warrant or

16 order setting an execution date for a State prisoner shall

17 be stayed upon application to any court that would have

18 jurisdiction over any proceedings filed under section 2254.

19 The application shall recite that the State has invoked the

20 post-conviction review procedures of this chapter and that

21 the scheduled execution is subject to stay.

22 ‘‘(b) A stay of execution granted pursuant to subsection

23 (a) shall expire if—
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1 ‘‘(1) a State prisoner fails to file a habeas corpus

2 application under section 2254 within the time re3 quired in section 2263;

4 ‘‘(2) before a court of competent jurisdiction, in

5 the presence of counsel, unless the prisoner has com6 petently and knowingly waived such counsel, and

7 after having been advised of the consequences, a State

8 prisoner under capital sentence waives the right to

9 pursue habeas corpus review under section 2254; or

10 ‘‘(3) a State prisoner files a habeas corpus peti11 tion under section 2254 within the time required by

12 section 2263 and fails to make a substantial showing

13 of the denial of a Federal right or is denied relief in

14 the district court or at any subsequent stage of review.

15 ‘‘(c) If one of the conditions in subsection (b) has oc16 curred, no Federal court thereafter shall have the authority

17 to enter a stay of execution in the case, unless the court

18 of appeals approves the filing of a second or successive ap19 plication under section 2244(b).

20 ‘‘§ 2263. Filing of habeas corpus application; time re21 quirements; tolling rules

22 ‘‘(a) Any application under this chapter for habeas

23 corpus relief under section 2254 must be filed in the appro24 priate district court not later than 180 days after final

25 State court affirmance of the conviction and sentence on
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1 direct review or the expiration of the time for seeking such

2 review.

3 ‘‘(b) The time requirements established by subsection

4 (a) shall be tolled—

5 ‘‘(1) from the date that a petition for certiorari

6 is filed in the Supreme Court until the date of final

7 disposition of the petition if a State prisoner files the

8 petition to secure review by the Supreme Court of the

9 affirmance of a capital sentence on direct review by

10 the court of last resort of the State or other final State

11 court decision on direct review;

12 ‘‘(2) from the date on which the first petition for

13 post-conviction review or other collateral relief is filed

14 until the final State court disposition of such peti15 tion; and

16 ‘‘(3) during an additional period not to exceed

17 30 days, if—

18 ‘‘(A) a motion for an extension of time is

19 filed in the Federal district court that would

20 have jurisdiction over the case upon the filing of

21 a habeas corpus application under section 2254;

22 and

23 ‘‘(B) a showing of good cause is made for

24 the failure to file the habeas corpus application
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1 within the time period established by this sec2 tion.

3 ‘‘§ 2264. Scope of Federal review; district court adju4 dications

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

6 files a petition for habeas corpus relief to which this chapter

7 applies, the district court shall only consider a claim or

8 claims that have been raised and decided on the merits in

9 the State courts, unless the failure to raise the claim prop10 erly is—

11 ‘‘(1) the result of State action in violation of the

12 Constitution or laws of the United States;

13 ‘‘(2) the result of the Supreme Court recognition

14 of a new Federal right that is made retroactively ap15 plicable; or

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

17 have been discovered through the exercise of due dili18 gence in time to present the claim for State or Fed19 eral post-conviction review.

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

21 and (e) of section 2254, the court shall rule on the claims

22 properly before it.

23 ‘‘§ 2265. Application to State unitary review procedure

24 ‘‘(a) For purposes of this section, a ‘unitary review’

25 procedure means a State procedure that authorizes a person
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1 under sentence of death to raise, in the course of direct re2 view of the judgment, such claims as could be raised on

3 collateral attack. This chapter shall apply, as provided in

4 this section, in relation to a State unitary review procedure

5 if the State establishes by rule of its court of last resort

6 or by statute a mechanism for the appointment, compensa7 tion, and payment of reasonable litigation expenses of com8 petent counsel in the unitary review proceedings, including

9 expenses relating to the litigation of collateral claims in the

10 proceedings. The rule of court or statute must provide

11 standards of competency for the appointment of such coun12 sel.

13 ‘‘(b) To qualify under this section, a unitary review

14 procedure must include an offer of counsel following trial

15 for the purpose of representation on unitary review, and

16 entry of an order, as provided in section 2261(c), concern17 ing appointment of counsel or waiver or denial of appoint18 ment of counsel for that purpose. No counsel appointed to

19 represent the prisoner in the unitary review proceedings

20 shall have previously represented the prisoner at trial in

21 the case for which the appointment is made unless the pris22 oner and counsel expressly request continued representation.

23 ‘‘(c) Sections 2262, 2263, 2264, and 2266 shall apply

24 in relation to cases involving a sentence of death from any

25 State having a unitary review procedure that qualifies
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1 under this section. References to State ‘post-conviction re2 view’ and ‘direct review’ in such sections shall be under3 stood as referring to unitary review under the State proce4 dure. The reference in section 2262(a) to ‘an order under

5 section 2261(c)’ shall be understood as referring to the post6 trial order under subsection (b) concerning representation

7 in the unitary review proceedings, but if a transcript of

8 the trial proceedings is unavailable at the time of the filing

9 of such an order in the appropriate State court, then the

10 start of the 180-day limitation period under section 2263

11 shall be deferred until a transcript is made available to the

12 prisoner or counsel of the prisoner.

13 ‘‘§ 2266. Limitation periods for determining applica14 tions and motions

15 ‘‘(a) The adjudication of any application under sec16 tion 2254 that is subject to this chapter, and the adjudica17 tion of any motion under section 2255 by a person under

18 sentence of death, shall be given priority by the district

19 court and by the court of appeals over all noncapital mat20 ters.

21 ‘‘(b)(1)(A) A district court shall render a final deter22 mination and enter a final judgment on any application

23 for a writ of habeas corpus brought under this chapter in

24 a capital case not later than 180 days after the date on

25 which the application is filed.
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1 ‘‘(B) A district court shall afford the parties at least

2 120 days in which to complete all actions, including the

3 preparation of all pleadings and briefs, and if necessary,

4 a hearing, prior to the submission of the case for decision.

5 ‘‘(C)(i) A district court may delay for not more than

6 one additional 30-day period beyond the period specified

7 in subparagraph (A), the rendering of a determination of

8 an application for a writ of habeas corpus if the court issues

9 a written order making a finding, and stating the reasons

10 for the finding, that the ends of justice that would be served

11 by allowing the delay outweigh the best interests of the pub12 lic and the applicant in a speedy disposition of the applica13 tion.

14 ‘‘(ii) The factors, among others, that a court shall con15 sider in determining whether a delay in the disposition of

16 an application is warranted are as follows:

17 ‘‘(I) Whether the failure to allow the delay would

18 be likely to result in a miscarriage of justice.

19 ‘‘(II) Whether the case is so unusual or so com20 plex, due to the number of defendants, the nature of

21 the prosecution, or the existence of novel questions of

22 fact or law, that it is unreasonable to expect adequate

23 briefing within the time limitations established by

24 subparagraph (A).
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1 ‘‘(III) Whether the failure to allow a delay in a

2 case, that, taken as a whole, is not so unusual or so

3 complex as described in subclause (II), but would oth4 erwise deny the applicant reasonable time to obtain

5 counsel, would unreasonably deny the applicant or

6 the government continuity of counsel, or would deny

7 counsel for the applicant or the government the rea8 sonable time necessary for effective preparation, tak9 ing into account the exercise of due diligence.

10 ‘‘(iii) No delay in disposition shall be permissible be11 cause of general congestion of the court’s calendar.

12 ‘‘(iv) The court shall transmit a copy of any order is13 sued under clause (i) to the Director of the Administrative

14 Office of the United States Courts for inclusion in the report

15 under paragraph (5).

16 ‘‘(2) The time limitations under paragraph (1) shall

17 apply to—

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

19 corpus;

20 ‘‘(B) any second or successive application for a

21 writ of habeas corpus; and

22 ‘‘(C) any redetermination of an application for

23 a writ of habeas corpus following a remand by the

24 court of appeals or the Supreme Court for further
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1 proceedings, in which case the limitation period shall

2 run from the date the remand is ordered.

3 ‘‘(3)(A) The time limitations under this section shall

4 not be construed to entitle an applicant to a stay of execu5 tion, to which the applicant would otherwise not be entitled,

6 for the purpose of litigating any application or appeal.

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

8 habeas corpus under this chapter shall be permitted after

9 the filing of the answer to the application, except on the

10 grounds specified in section 2244(b).

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

12 a time limitation under this section shall not be a ground

13 for granting relief from a judgment of conviction or sen14 tence.

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

16 this section by petitioning for a writ of mandamus to the

17 court of appeals. The court of appeals shall act on the peti18 tion for a writ or mandamus not later than 30 days after

19 the filing of the petition.

20 ‘‘(5)(A) The Administrative Office of United States

21 Courts shall submit to Congress an annual report on the

22 compliance by the district courts with the time limitations

23 under this section.
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1 ‘‘(B) The report described in subparagraph (A) shall

2 include copies of the orders submitted by the district courts

3 under paragraph (1)(B)(iv).

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

5 a final determination of any appeal of an order granting

6 or denying, in whole or in part, an application brought

7 under this chapter in a capital case not later than 120 days

8 after the date on which the reply brief is filed, or if no reply

9 brief is filed, not later than 120 days after the date on which

10 the answering brief is filed.

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

12 grant a petition for rehearing or other request for rehearing

13 en banc not later than 30 days after the date on which the

14 petition for rehearing is filed unless a responsive pleading

15 is required, in which case the court shall decide whether

16 to grant the petition not later than 30 days after the date

17 on which the responsive pleading is filed.

18 ‘‘(ii) If a petition for rehearing or rehearing en banc

19 is granted, the court of appeals shall hear and render a

20 final determination of the appeal not later than 120 days

21 after the date on which the order granting rehearing or re22 hearing en banc is entered.

23 ‘‘(2) The time limitations under paragraph (1) shall

24 apply to—
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1 ‘‘(A) an initial application for a writ of habeas

2 corpus;

3 ‘‘(B) any second or successive application for a

4 writ of habeas corpus; and

5 ‘‘(C) any redetermination of an application for

6 a writ of habeas corpus or related appeal following a

7 remand by the court of appeals en banc or the Su8 preme Court for further proceedings, in which case

9 the limitation period shall run from the date the re10 mand is ordered.

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

12 be construed to entitle an applicant to a stay of execution,

13 to which the applicant would otherwise not be entitled, for

14 the purpose of litigating any application or appeal.

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

16 a time limitation under this section shall not be a ground

17 for granting relief from a judgment of conviction or sen18 tence.

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

20 this section by applying for a writ of mandamus to the

21 Supreme Court.

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

23 shall submit to Congress an annual report on the compli24 ance by the courts of appeals with the time limitations

25 under this section.’’.
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1 (b) TECHNICAL AMENDMENT.—The table of chapters at

2 the beginning of part VI of title 28, United States Code,

3 is amended by adding after the item relating to chapter

4 153 the following new item:

‘‘154. Special habeas corpus procedures in capital

cases .................................................................................. 2261’’.

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

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

7 pending on or after the date of enactment of this Act.

8 SEC. 908. TECHNICAL AMENDMENT.

9 Section 408(q) of the Controlled Substances Act (21

10 U.S.C. 848(q)) is amended by amending paragraph (9) to

11 read as follows:

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

13 services are reasonably necessary for the representation of

14 the defendant, whether in connection with issues relating

15 to guilt or the sentence, the court may authorize the defend16 ant’s attorneys to obtain such services on behalf of the de17 fendant and, if so authorized, shall order the payment of

18 fees and expenses therefor under paragraph (10). No ex

19 parte proceeding, communication, or request may be consid20 ered pursuant to this section unless a proper showing is

21 made concerning the need for confidentiality. Any such pro22 ceeding, communication, or request shall be transcribed and

23 made a part of the record available for appellate review.’’.
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1 SEC. 909. SEVERABILITY.

2 If any provision of this title, an amendment made by

3 this title, or the application of such provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this title, the amendments made

6 by this title, and the application of the provisions of such

7 to any person or circumstances shall not be affected thereby.

8 TITLE X—INTERNATIONAL

9 COUNTERFEITING

10 SEC. 1001. SHORT TITLE.

11 This title may be cited as the ‘‘International Counter12 feiting Prevention Act of 1996’’.

13 SEC. 1002. AUDITS OF INTERNATIONAL COUNTERFEITING

14 OF UNITED STATES CURRENCY.

15 (a) IN GENERAL.—The Secretary of the Treasury

16 (hereafter in this section referred to as the ‘‘Secretary’’), in

17 consultation with the advanced counterfeit deterrence steer18 ing committee, shall—

19 (1) study the use and holding of United States

20 currency in foreign countries; and

21 (2) develop useful estimates of the amount of

22 counterfeit United States currency that circulates out23 side the United States each year.

24 (b) EVALUATION AUDIT PLAN.—

25 (1) IN GENERAL.—The Secretary shall develop

26 an effective international evaluation audit plan that
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1 is designed to enable the Secretary to carry out the

2 duties described in subsection (a) on a regular and

3 thorough basis.

4 (2) SUBMISSION OF DETAILED WRITTEN SUM5 MARY.—The Secretary shall submit a detailed written

6 summary of the evaluation audit plan developed pur7 suant to paragraph (1) to the Congress before the end

8 of the 6-month period beginning on the date of the en9 actment of this Act.

10 (3) 1ST EVALUATION AUDIT UNDER PLAN.—The

11 Secretary shall begin the first evaluation audit pursu12 ant to the evaluation audit plan no later than the end

13 of the 1-year period beginning on the date of the en14 actment of this Act.

15 (4) SUBSEQUENT EVALUATION AUDITS.—At least

16 1 evaluation audit shall be performed pursuant to the

17 evaluation audit plan during each 3-year period be18 ginning after the date of the commencement of the

19 evaluation audit referred to in paragraph (3).

20 (c) REPORTS.—

21 (1) IN GENERAL.—The Secretary shall submit a

22 written report to the Committee on Banking and Fi23 nancial Services of the House of Representatives and

24 the Committee on Banking, Housing, and Urban Af25 fairs of the Senate on the results of each evaluation
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1 audit conducted pursuant to subsection (b) within 90

2 days after the completion of the evaluation audit.

3 (2) CONTENTS.—In addition to such other infor4 mation as the Secretary may determine to be appro5 priate, each report submitted to the Congress pursu6 ant to paragraph (1) shall include the following infor7 mation:

8 (A) A detailed description of the evaluation

9 audit process and the methods used to develop es10 timates of the amount of counterfeit United

11 States currency in circulation outside the United

12 States.

13 (B) The method used to determine the cur14 rency sample examined in connection with the

15 evaluation audit and a statistical analysis of the

16 sample examined.

17 (C) A list of the regions of the world, types

18 of financial institutions, and other entities in19 cluded.

20 (D) An estimate of the total amount of

21 United States currency found in each region of

22 the world.

23 (E) The total amount of counterfeit United

24 States currency and the total quantity of each
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1 counterfeit denomination found in each region of

2 the world.

3 (3) CLASSIFICATION OF INFORMATION.—

4 (A) IN GENERAL.—To the greatest extent

5 possible, each report submitted to the Congress

6 under this subsection shall be submitted in an

7 unclassified form.

8 (B) CLASSIFIED AND UNCLASSIFIED

9 FORMS.—If, in the interest of submitting a com10 plete report under this subsection, the Secretary

11 determines that it is necessary to include classi12 fied information in the report, the report shall be

13 submitted in a classified and an unclassified

14 form.

15 (d) SUNSET PROVISION.—This section shall cease to be

16 effective as of the end of the 10-year period beginning on

17 the date of the enactment of this Act.

18 (e) RULE OF CONSTRUCTION.—No provision of this

19 section shall be construed as authorizing any entity to con20 duct investigations of counterfeit United States currency.

21 SEC. 1003. LAW ENFORCEMENT AND SENTENCING PROVI22 SIONS RELATING TO INTERNATIONAL COUN23 TERFEITING OF UNITED STATES CURRENCY.

24 (a) FINDINGS.—The Congress hereby finds the follow25 ing:
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1 (1) United States currency is being counterfeited

2 outside the United States.

3 (2) The 103d Congress enacted, with the ap4 proval of the President on September 13, 1994, sec5 tion 470 of title 18, United States Code, making such

6 activity a crime under the laws of the United States.

7 (3) The expeditious posting of agents of the Unit8 ed States Secret Service to overseas posts, which is

9 necessary for the effective enforcement of section 470

10 and related criminal provisions, has been delayed.

11 (4) While section 470 of title 18, United States

12 Code, provides for a maximum term of imprisonment

13 of 20 years as opposed to a maximum term of 15

14 years for domestic counterfeiting, the United States

15 Sentencing Commission has failed to provide, in its

16 sentencing guidelines, for an appropriate enhance17 ment of punishment for defendants convicted of coun18 terfeiting United States currency outside the United

19 States.

20 (b) TIMELY CONSIDERATION OF REQUESTS FOR CON21 CURRENCE IN CREATION OF OVERSEAS POSTS.—

22 (1) IN GENERAL.—The Secretary of State shall—

23 (A) consider in a timely manner the request

24 by the Secretary of the Treasury for the place25 ment of such number of agents of the United
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1 States Secret Service as the Secretary of the

2 Treasury considers appropriate in posts in over3 seas embassies; and

4 (B) reach an agreement with the Secretary

5 of the Treasury on such posts as soon as possible

6 and, in any event, not later than December 31,

7 1996.

8 (2) COOPERATION OF TREASURY REQUIRED.—

9 The Secretary of the Treasury shall promptly provide

10 any information requested by the Secretary of State

11 in connection with such requests.

12 (3) REPORTS REQUIRED.—The Secretary of the

13 Treasury and the Secretary of State shall each sub14 mit, by February 1, 1997, a written report to the

15 Committee on Banking and Financial Services of the

16 House of Representatives and the Committee on

17 Banking, Housing, and Urban Affairs of the Senate

18 explaining the reasons for the rejection, if any, of any

19 proposed post and the reasons for the failure, if any,

20 to fill any approved post by such date.

21 (c) ENHANCED PENALTIES FOR INTERNATIONAL

22 COUNTERFEITING OF UNITED STATES CURRENCY.—Pursu23 ant to the authority of the United States Sentencing Com24 mission under section 994 of title 28, United States Code,

25 the Commission shall amend the sentencing guidelines pre-
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1 scribed by the Commission to provide an appropriate en2 hancement of the punishment for a defendant convicted

3 under section 470 of title 18 of such Code.

4 TITLE XI—BIOLOGICAL

5 WEAPONS RESTRICTIONS

6 SEC. 1101. SHORT TITLE.

7 This Act may be cited as the ‘‘Biological Weapons

8 Enhanced Penalties Act of 1996.’’.

9 SEC. 1102. ATTEMPTS TO ACQUIRE UNDER FALSE PRE10 TENSES.

11 Section 175(a) of title 18, United States Code, is

12 amended by inserting ‘‘attempts to acquire under false

13 pretenses, after ‘‘acquires,’’.

14 SEC. 1103. INCLUSION OF RECOMBINANT MOLECULES.

15 Section 175 of title 18, United States Code, is amend16 ed by inserting ‘‘recombinant molecules,’’ after ‘‘toxin,’’

17 each place it appears.

18 SEC. 1104. DEFINITIONS.

19 Section 173 of title 18, United States Code, is amend20 ed—

21 (1) in paragraph (1), by inserting ‘‘or naturally

22 occurring or bioengineered component of any such

23 microorganism, virus, or infectious substance,’’ after

24 ‘‘infectious substance’’;

25 (2) in paragraph (2)—
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1 (A) by inserting ‘‘the toxic material of

2 plants, animals, microorganisms, viruses, fungi,

3 or infectious substances’’ after ‘‘means’’; and

4 (B) by inserting ‘‘, and includes’’ after

5 ‘‘production’’;

6 (3) in paragraph (4), by inserting ‘‘or a mol7 ecule, including a recombinant molecule,’’ after ‘‘orga8 nism’’.

9 SEC. 1105. THREATENING USE OF CERTAIN WEAPONS.

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

11 amended by inserting ‘‘, threatens,’’ after ‘‘uses, or’’.

12 SEC. 1106. INCLUSION OF RECOMBINANT MOLECULES AND

13 BIOLOGICAL ORGANISMS IN DEFINITION.

14 Section 2332a(b)(2)(C) of title 18, United States

15 Code, is amended by striking ‘‘disease organism’’ and in16 serting ‘‘biological agent or toxin, as those terms are de17 fined in section 178’’.

18 TITLE XII—COMMISSION ON THE

19 ADVANCEMENT OF FEDERAL

20 LAW ENFORCEMENT

21 SEC. 1201. ESTABLISHMENT.

22 There is established a commission to be known as the

23 ‘‘Commission on the Advancement of Federal Law Enforce24 ment’’ (in this title referred to as the ‘‘Commission’’).
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1 SEC. 1202. DUTIES.

2 The Commission shall investigate, ascertain, evaluate,

3 report, and recommend action to the Congress on the follow4 ing matters:

5 (1) In general, the manner in which significant

6 Federal criminal law enforcement operations are con7 ceived, planned, coordinated, and executed.

8 (2) The standards and procedures used by Fed9 eral law enforcement to carry out significant Federal

10 criminal law enforcement operations, and their uni11 formity and compatibility on an interagency basis,

12 including standards related to the use of deadly force.

13 (3) The criminal investigation and handling by

14 the United States Government, and the Federal law

15 enforcement agencies therewith—

16 (A) on February 28, 1993, in Waco, Texas,

17 with regard to the conception, planning, and exe18 cution of search and arrest warrants that re19 sulted in the deaths of 4 Federal law enforcement

20 officers and 6 civilians;

21 (B) regarding the efforts to resolve the sub22 sequent standoff in Waco, Texas, which ended in

23 the deaths of over 80 civilians on April 19, 1993;

24 and

25 (C) concerning other Federal criminal law

26 enforcement cases, at the Commission’s discre-
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1 tion, which have been presented to the courts or

2 to the executive branch of Government in the last

3 25 years that are actions or complaints based

4 upon claims of abuse of authority, practice, pro5 cedure, or violations of constitutional guarantees,

6 and which may indicate a pattern or problem of

7 abuse within an enforcement agency or a sector

8 of the enforcement community.

9 (4) The necessity for the present number of Fed10 eral law enforcement agencies and units.

11 (5) The location and efficacy of the office or en12 tity directly responsible, aside from the President of

13 the United States, for the coordination on an inter14 agency basis of the operations, programs, and activi15 ties of all of the Federal law enforcement agencies.

16 (6) The degree of assistance, training, education,

17 and other human resource management assets devoted

18 to increasing professionalism for Federal law enforce19 ment officers.

20 (7) The independent accountability mechanisms

21 that exist, if any, and their efficacy to investigate, ad22 dress, and correct systemic or gross individual Fed23 eral law enforcement abuses.

24 (8) The extent to which Federal law enforcement

25 agencies have attempted to pursue community out-
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1 reach efforts that provide meaningful input into the

2 shaping and formation of agency policy, including

3 seeking and working with State and local law enforce4 ment agencies on Federal criminal enforcement oper5 ations or programs that directly impact a State or

6 local law enforcement agency’s geographic jurisdic7 tion.

8 (9) Such other related matters as the Commis9 sion deems appropriate.

10 SEC. 1203. MEMBERSHIP AND ADMINISTRATIVE PROVI11 SIONS.

12 (a) NUMBER AND APPOINTMENT.—The Commission

13 shall be composed of 5 members appointed as follows:

14 (1) 1 member appointed by the President pro

15 tempore of the Senate.

16 (2) 1 member appointed by the minority leader

17 of the Senate.

18 (3) 1 member appointed by the Speaker of the

19 House of Representatives.

20 (4) 1 member appointed by the minority leader

21 of the House of Representatives.

22 (5) 1 member (who shall chair the Commission)

23 appointed by the Chief Justice of the Supreme Court.
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1 (b) DISQUALIFICATION.—A person who is an officer or

2 employee of the United States shall not be appointed a

3 member of the Commission.

4 (c) TERMS.—Each member shall be appointed for the

5 life of the Commission.

6 (d) QUORUM.—3 members of the Commission shall

7 constitute a quorum but a lesser number may hold hearings.

8 (e) MEETINGS.—The Commission shall meet at the call

9 of the Chair of the Commission.

10 (f) COMPENSATION.—Each member of the Commission

11 who is not an officer or employee of the Federal Government

12 shall be compensated at a rate equal to the daily equivalent

13 of the annual rate of basic pay prescribed for level IV of

14 the Executive Schedule under section 5315 of title 5, United

15 States Code, for each day, including travel time, during

16 which the member is engaged in the performance of the du17 ties of the Commission.

18 SEC. 1204. STAFFING AND SUPPORT FUNCTIONS.

19 (a) DIRECTOR.—The Commission shall have a director

20 who shall be appointed by the Chair of the Commission.

21 (b) STAFF.—Subject to rules prescribed by the Com22 mission, the Director may appoint additional personnel as

23 the Commission considers appropriate.

24 (c) APPLICABILITY OF CERTAIN CIVIL SERVICE

25 LAWS.—The Director and staff of the Commission shall be
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1 appointed subject to the provisions of title 5, United States

2 Code, governing appointments in the competitive service,

3 and shall be paid in accordance with the provisions of chap4 ter 51 and subchapter III of chapter 53 of that title relating

5 to classification and General Schedule pay rates.

6 (d) EXPERTS AND CONSULTANTS.—The Commission

7 may procure temporary and intermittent services of experts

8 and consultants under section 3109(b) of title 5, United

9 States Code, but at rates for individuals not to exceed per

10 day the daily equivalent of the maximum annual rate of

11 basic pay payable for GS–15 of the General Schedule.

12 SEC. 1205. POWERS.

13 (a) HEARINGS AND SESSIONS.—The Commission may,

14 for the purposes of carrying out this Act, hold hearings, sit

15 and act at times and places, take testimony, and receive

16 evidence as the Commission considers appropriate. The

17 Commission may administer oaths or affirmations to wit18 nesses appearing before it. The Commission may establish

19 rules for its proceedings.

20 (b) POWERS OF MEMBERS AND AGENTS.—Any mem21 ber or agent of the Commission may, if authorized by the

22 Commission, take any action which the Commission is au23 thorized to take by this section.

24 (c) OBTAINING OFFICIAL DATA.—The Commission

25 may secure directly from any department or agency of the
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1 United States information necessary to enable it to carry

2 out this title. Upon request of the Chair of the Commission,

3 the head of that department or agency shall furnish that

4 information to the Commission.

5 (d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the

6 request of the Commission, the Administrator of General

7 Services shall provide to the Commission, on a reimbursable

8 basis, the administrative support services necessary for the

9 Commission to carry out its responsibilities under this title.

10 (e) SUBPOENA POWER.—

11 (1) IN GENERAL.—The Commission may issue

12 subpoenas requiring the attendance and testimony of

13 witnesses and the production of any evidence relating

14 to any matter under investigation by the Commis15 sion. The attendance of witnesses and the production

16 of evidence may be required from any place within

17 the United States at any designated place of hearing

18 within the United States.

19 (2) FAILURE TO OBEY SUBPOENA.—If a person

20 refuses to obey a subpoena issued under paragraph

21 (1), the Commission may apply to the United States

22 district court for an order requiring that person to

23 appear before the Commission to give testimony,

24 produce evidence, or both, relating to the matter

25 under investigation. The application may be made
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1 within the judicial district where the hearing is con2 ducted or where that person is found, resides, or

3 transacts business. Any failure to obey the order of

4 the court may be punished by the court as civil con5 tempt.

6 (3) SERVICE OF SUBPOENAS.—The subpoenas of

7 the Commission shall be served in the manner pro8 vided for subpoenas issued by a United States district

9 court under the Federal Rules of Civil Procedure for

10 the United States district courts.

11 (4) SERVICE OF PROCESS.—All process of any

12 court to which application is to be made under para13 graph (2) may be served in the judicial district in

14 which the person required to be served resides or may

15 be found.

16 (f) IMMUNITY.—The Commission is an agency of the

17 United States for the purpose of part V of title 18, United

18 States Code (relating to immunity of witnesses).

19 SEC. 1206. REPORT.

20 The Commission shall transmit a report to the Con21 gress and the public not later than 2 years after a quorum

22 of the Commission has been appointed. The report shall con23 tain a detailed statement of the findings and conclusions

24 of the Commission, together with the Commission’s rec-
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1 ommendations for such actions as the Commission considers

2 appropriate.

3 SEC. 1207. TERMINATION.

4 The Commission shall terminate 30 days after submit5 ting the report required by this title.

6 TITLE XIII—REPRESENTATION

7 FEES

8 SEC. 1301. REPRESENTATION FEES IN CRIMINAL CASES.

9 (a) IN GENERAL.—Section 3006A of title 18, United

10 States Code, is amended—

11 (1) in subsection (d)—

12 (A) by redesignating paragraphs (4), (5)

13 and (6) as paragraphs (5), (6), and (7), respec14 tively; and

15 (B) by inserting after paragraph (3) the fol16 lowing:

17 ‘‘(4) DISCLOSURE OF FEES.—The amounts paid

18 under this subsection, for representation in any case,

19 shall be made available to the public.’’; and

20 (2) in subsection (3) by adding at the end of the

21 following:

22 ‘‘(4) DISCLOSURE OF FEES.—The amounts paid

23 under this subsection for services in any case shall be

24 made available to the public.’’.
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1 (b) FEES AND EXPENSES AND CAPITAL CASES.—Sec2 tion 408(q)(10) of the Controlled Substances Act (21 U.S.C.

3 848(q)(10)) is amended to read as follows:

4 ‘‘(10)(A) Compensation shall be paid to attorneys ap5 pointed under this subsection at a rate of not less than $75,

6 and not more than $125, per hour for in-court and out7 of-court time, Fees and expenses shall be paid for investiga8 tive, expert, and other reasonably necessary services author9 ized under paragraph (9) at the rates and in the amounts

10 authorized under section 3006A of title 18, United States

11 Code.

12 ‘‘(B) The amounts paid under this paragraph for serv13 ices in any case shall be made available to the public.’’.

14 (c) EFFECTIVE DATE.—The amendments made by this

15 section apply to cases commenced on or after the date of

16 the enactment of this Act.

17 TITLE XIV—DEATH PENALTY

18 AGGRAVATING FACTOR

19 SEC. 1401. DEATH PENALTY AGGRAVATING FACTOR.

20 Section 3592(c) of title 18, United States Code, is

21 amended by adding after paragraph (15) the following:

22 ‘‘(16) MULTIPLE KILLINGS OR ATTEMPTED

23 KILLINGS.—The defendant intentionally kills or at24 tempts to kill more than one person in a single crimi25 nal episode.’’.
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1 TITLE XV—FINANCIAL TRANS2 ACTIONS WITH TERRORISTS

3 SEC. 1501. FINANCIAL TRANSACTIONS WITH TERRORISTS.

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

5 amended by inserting before section 2333 the following:

6 ‘‘§ 2332c. Financial transactions

7 ‘‘(a) Except as provided in regulations made by the

8 Secretary of State, whoever, being a United States person,

9 knowing or having reasonable cause to know that a country

10 is a country that has been designated under section 6(j)

11 of the Export Administration Act (50 U.S.C. App. 2405)

12 as a country supporting international terrorism; engages

13 in a financial transaction with that country, shall be fined

14 under this title or imprisoned not more than 10 years, or

15 both.

16 ‘‘(b) As used in this section—

17 ‘‘(1) the term ‘financial transaction’ has the

18 meaning given that term in section 1956(c)(4); and

19 ‘‘(2) the term ‘United States person’ means any

20 United States citizen or national, permanent resident

21 alien, juridical person organized under the laws of the

22 United States, or any person in the United States.’’.

23 (b) CLERICAL AMENDMENT.—The table of sections at

24 the beginning of the chapter of title 18, United States Code,

25 to which the amendment of subsection (a) was made is
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1 amended by inserting before the item relating to section

2 2333 the following new item:

‘‘2332c. Financial transactions.’’.

Amend the title so as to read: ‘‘An Act to provide

for an effective death penalty and to protect the public

safety.’’.

Attest:

Clerk.