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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Enrolled Bill (ENR)]

        S.735

                       One Hundred Fourth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

         Begun and held at the City of Washington on Wednesday,
   the third day of January, one thousand nine hundred and ninety-six

                                 An Act

 
    To deter terrorism, provide justice for victims, provide for an 
            effective death penalty, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Antiterrorism and Effective Death 
Penalty Act of 1996''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

                      TITLE I--HABEAS CORPUS REFORM

Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.

                      TITLE II--JUSTICE FOR VICTIMS

                Subtitle A--Mandatory Victim Restitution

Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.

     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

Sec. 221. Jurisdiction for lawsuits against terrorist states.

             Subtitle C--Assistance to Victims of Terrorism

Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of 
          crime.
Sec. 236. Technical correction.

             TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

     Subtitle A--Prohibition on International Terrorist Fundraising

Sec. 301. Findings and purpose.
Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.

        Subtitle B--Prohibition on Assistance to Terrorist States

Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist 
          states.
Sec. 326. Prohibition on assistance to countries that provide military 
          equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial 
          institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for 
          countries not cooperating fully with United States 
          antiterrorism efforts.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                 Subtitle A--Removal of Alien Terrorists

Sec. 401. Alien terrorist removal.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                              Organizations

Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application 
          for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.

              Subtitle C--Modification to Asylum Procedures

Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.

           Subtitle D--Criminal Alien Procedural Improvements

Sec. 431. Access to certain confidential immigration and naturalization 
          files through court order.
Sec. 432. Criminal alien identification system.
Sec. 433. Establishing certain alien smuggling-related crimes as RICO-
          predicate offenses.
Sec. 434. Authority for alien smuggling investigations.
Sec. 435. Expansion of criteria for deportation for crimes of moral 
          turpitude.
Sec. 436. Miscellaneous provisions.
Sec. 437. Interior repatriation program.
Sec. 438. Deportation of nonviolent offenders prior to completion of 
          sentence of imprisonment.
Sec. 439. Authorizing State and local law enforcement officials to 
          arrest and detain certain illegal aliens.
Sec. 440. Criminal alien removal.
Sec. 441. Limitation on collateral attacks on underlying deportation 
          order.
Sec. 442. Deportation procedures for certain criminal aliens who are not 
          permanent residents.
Sec. 443. Extradition of aliens.

     TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

                      Subtitle A--Nuclear Materials

Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear 
          materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from 
          armories.

               Subtitle B--Biological Weapons Restrictions

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

                Subtitle C--Chemical Weapons Restrictions

Sec. 521. Chemical weapons of mass destruction; study of facility for 
          training and evaluation of personnel who respond to use of 
          chemical or biological weapons in urban and suburban areas.

        TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

Sec. 601. Findings and purposes.
Sec. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of 
          property within special maritime and territorial jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material 
          knowing that it will be used to commit a crime of violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the 
          dissemination of bomb-making instructional materials.

                     Subtitle B--Criminal Procedures

Sec. 721. Clarification and extension of criminal jurisdiction over 
          certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism 
          offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction 
          statute.
Sec. 726. Addition of terrorism offenses to the money laundering 
          statute.
Sec. 727. Protection of Federal employees; protection of current or 
          former officials, officers, or employees of the United States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive 
          materials.

                TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of 
          Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal 
          interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States 
          currency.
Sec. 808. Compilation of statistics relating to intimidation of 
          Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers 
          from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.

         Subtitle B--Funding Authorizations for Law Enforcement

Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive detection 
          devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism 
          technologies.
Sec. 822. Grants to State and local law enforcement for training and 
          equipment.
Sec. 823. Funding source.

                         TITLE IX--MISCELLANEOUS

Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.

                     TITLE I--HABEAS CORPUS REFORM

SEC. 101. FILING DEADLINES.

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

SEC. 102. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:

``Sec. 2253. Appeal

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

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

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:

``Rule 22. Habeas corpus and section 2255 proceedings

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

SEC. 104. SECTION 2254 AMENDMENTS.

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

SEC. 105. SECTION 2255 AMENDMENTS.

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

SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

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

SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.

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

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

``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
          appointment of counsel; requirement of rule of court or 
          statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
          execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
          rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.

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

    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
        ``(1) appointing one or more counsels to represent the prisoner 
    upon a finding that the prisoner is indigent and accepted the offer 
    or is unable competently to decide whether to accept or reject the 
    offer;
        ``(2) finding, after a hearing if necessary, that the prisoner 
    rejected the offer of counsel and made the decision with an 
    understanding of its legal consequences; or
        ``(3) denying the appointment of counsel upon a finding that 
    the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.

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

    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
        ``(1) a State prisoner fails to file a habeas corpus 
    application under section 2254 within the time required in section 
    2263;
        ``(2) before a court of competent jurisdiction, in the presence 
    of counsel, unless the prisoner has competently and knowingly 
    waived such counsel, and after having been advised of the 
    consequences, a State prisoner under capital sentence waives the 
    right to pursue habeas corpus review under section 2254; or
        ``(3) a State prisoner files a habeas corpus petition under 
    section 2254 within the time required by section 2263 and fails to 
    make a substantial showing of the denial of a Federal right or is 
    denied relief in the district court or at any subsequent stage of 
    review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).

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

    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
        ``(1) from the date that a petition for certiorari is filed in 
    the Supreme Court until the date of final disposition of the 
    petition if a State prisoner files the petition to secure review by 
    the Supreme Court of the affirmance of a capital sentence on direct 
    review by the court of last resort of the State or other final 
    State court decision on direct review;
        ``(2) from the date on which the first petition for post-
    conviction review or other collateral relief is filed until the 
    final State court disposition of such petition; and
        ``(3) during an additional period not to exceed 30 days, if--
            ``(A) a motion for an extension of time is filed in the 
        Federal district court that would have jurisdiction over the 
        case upon the filing of a habeas corpus application under 
        section 2254; and
            ``(B) a showing of good cause is made for the failure to 
        file the habeas corpus application within the time period 
        established by this section.

``Sec. 2264. Scope of Federal review; district court adjudications

    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
        ``(1) the result of State action in violation of the 
    Constitution or laws of the United States;
        ``(2) the result of the Supreme Court's recognition of a new 
    Federal right that is made retroactively applicable; or
        ``(3) based on a factual predicate that could not have been 
    discovered through the exercise of due diligence in time to present 
    the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.

``Sec. 2265. Application to State unitary review procedure

    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State court, then the start of the 180-day limitation 
period under section 2263 shall be deferred until a transcript is made 
available to the prisoner or counsel of the prisoner.

``Sec. 2266. Limitation periods for determining applications and 
            motions

    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
        ``(I) Whether the failure to allow the delay would be likely to 
    result in a miscarriage of justice.
        ``(II) Whether the case is so unusual or so complex, due to the 
    number of defendants, the nature of the prosecution, or the 
    existence of novel questions of fact or law, that it is 
    unreasonable to expect adequate briefing within the time 
    limitations established by subparagraph (A).
        ``(III) Whether the failure to allow a delay in a case that, 
    taken as a whole, is not so unusual or so complex as described in 
    subclause (II), but would otherwise deny the applicant reasonable 
    time to obtain counsel, would unreasonably deny the applicant or 
    the government continuity of counsel, or would deny counsel for the 
    applicant or the government the reasonable time necessary for 
    effective preparation, taking into account the exercise of due 
    diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
        ``(A) an initial application for a writ of habeas corpus;
        ``(B) any second or successive application for a writ of habeas 
    corpus; and
        ``(C) any redetermination of an application for a writ of 
    habeas corpus following a remand by the court of appeals or the 
    Supreme Court for further proceedings, in which case the limitation 
    period shall run from the date the remand is ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ of mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of the United States Courts 
shall submit to Congress an annual report on the compliance by the 
district courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
        ``(A) an initial application for a writ of habeas corpus;
        ``(B) any second or successive application for a writ of habeas 
    corpus; and
        ``(C) any redetermination of an application for a writ of 
    habeas corpus or related appeal following a remand by the court of 
    appeals en banc or the Supreme Court for further proceedings, in 
    which case the limitation period shall run from the date the remand 
    is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of the United States Courts shall 
submit to Congress an annual report on the compliance by the courts of 
appeals with the time limitations under this section.''.
    (b) Technical Amendment.--The part analysis for part IV of title 
28, United States Code, is amended by adding after the item relating to 
chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases........2261.''.

    (c) Effective Date.--Chapter 154 of title 28, United States Code 
(as added by subsection (a)) shall apply to cases pending on or after 
the date of enactment of this Act.

SEC. 108. TECHNICAL AMENDMENT.

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

                     TITLE II--JUSTICE FOR VICTIMS
                Subtitle A--Mandatory Victim Restitution

SEC. 201. SHORT TITLE.

    This subtitle may be cited as the ``Mandatory Victims Restitution 
Act of 1996''.

SEC. 202. ORDER OF RESTITUTION.

    Section 3556 of title 18, United States Code, is amended--
        (1) by striking ``may'' and inserting ``shall''; and
        (2) by striking ``sections 3663 and 3664.'' and inserting 
    ``section 3663A, and may order restitution in accordance with 
    section 3663. The procedures under section 3664 shall apply to all 
    orders of restitution under this section.''.

SEC. 203. CONDITIONS OF PROBATION.

    Section 3563 of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) in paragraph (3), by striking ``and'' at the end;
            (B) in the first paragraph (4) (relating to conditions of 
        probation for a domestic crime of violence), by striking the 
        period and inserting a semicolon;
            (C) by redesignating the second paragraph (4) (relating to 
        conditions of probation concerning drug use and testing) as 
        paragraph (5);
            (D) in paragraph (5), as redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (E) by inserting after paragraph (5), as redesignated, the 
        following new paragraphs:
        ``(6) that the defendant--
            ``(A) make restitution in accordance with sections 2248, 
        2259, 2264, 2327, 3663, 3663A, and 3664; and
            ``(B) pay the assessment imposed in accordance with section 
        3013; and
        ``(7) that the defendant will notify the court of any material 
    change in the defendant's economic circumstances that might affect 
    the defendant's ability to pay restitution, fines, or special 
    assessments.''; and
        (2) in subsection (b)--
            (A) by striking paragraph (2);
            (B) by redesignating paragraphs (3) through (22) as 
        paragraphs (2) through (21), respectively; and
            (C) by amending paragraph (2), as redesignated, to read as 
        follows:
        ``(2) make restitution to a victim of the offense under section 
    3556 (but not subject to the limitation of section 3663(a) or 
    3663A(c)(1)(A));''.

SEC. 204. MANDATORY RESTITUTION.

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting immediately after section 3663 the following new 
section:

``Sec. 3663A. Mandatory restitution to victims of certain crimes

    ``(a)(1) Notwithstanding any other provision of law, when 
sentencing a defendant convicted of an offense described in subsection 
(c), the court shall order, in addition to, or in the case of a 
misdemeanor, in addition to or in lieu of, any other penalty authorized 
by law, that the defendant make restitution to the victim of the 
offense or, if the victim is deceased, to the victim's estate.
    ``(2) For the purposes of this section, the term `victim' means a 
person directly and proximately harmed as a result of the commission of 
an offense for which restitution may be ordered including, in the case 
of an offense that involves as an element a scheme, conspiracy, or 
pattern of criminal activity, any person directly harmed by the 
defendant's criminal conduct in the course of the scheme, conspiracy, 
or pattern. In the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, may assume the 
victim's rights under this section, but in no event shall the defendant 
be named as such representative or guardian.
    ``(3) The court shall also order, if agreed to by the parties in a 
plea agreement, restitution to persons other than the victim of the 
offense.
    ``(b) The order of restitution shall require that such defendant--
        ``(1) in the case of an offense resulting in damage to or loss 
    or destruction of property of a victim of the offense--
            ``(A) return the property to the owner of the property or 
        someone designated by the owner; or
            ``(B) if return of the property under subparagraph (A) is 
        impossible, impracticable, or inadequate, pay an amount equal 
        to--
                ``(i) the greater of--

                    ``(I) the value of the property on the date of the 
                damage, loss, or destruction; or
                    ``(II) the value of the property on the date of 
                sentencing, less

                ``(ii) the value (as of the date the property is 
            returned) of any part of the property that is returned;
        ``(2) in the case of an offense resulting in bodily injury to a 
    victim--
            ``(A) pay an amount equal to the cost of necessary medical 
        and related professional services and devices relating to 
        physical, psychiatric, and psychological care, including 
        nonmedical care and treatment rendered in accordance with a 
        method of healing recognized by the law of the place of 
        treatment;
            ``(B) pay an amount equal to the cost of necessary physical 
        and occupational therapy and rehabilitation; and
            ``(C) reimburse the victim for income lost by such victim 
        as a result of such offense;
        ``(3) in the case of an offense resulting in bodily injury that 
    results in the death of the victim, pay an amount equal to the cost 
    of necessary funeral and related services; and
        ``(4) in any case, reimburse the victim for lost income and 
    necessary child care, transportation, and other expenses incurred 
    during participation in the investigation or prosecution of the 
    offense or attendance at proceedings related to the offense.
    ``(c)(1) This section shall apply in all sentencing proceedings for 
convictions of, or plea agreements relating to charges for, any 
offense--
        ``(A) that is--
            ``(i) a crime of violence, as defined in section 16;
            ``(ii) an offense against property under this title, 
        including any offense committed by fraud or deceit; or
            ``(iii) an offense described in section 1365 (relating to 
        tampering with consumer products); and
        ``(B) in which an identifiable victim or victims has suffered a 
    physical injury or pecuniary loss.
    ``(2) In the case of a plea agreement that does not result in a 
conviction for an offense described in paragraph (1), this section 
shall apply only if the plea specifically states that an offense listed 
under such paragraph gave rise to the plea agreement.
    ``(3) This section shall not apply in the case of an offense 
described in paragraph (1)(A)(ii) if the court finds, from facts on the 
record, that--
        ``(A) the number of identifiable victims is so large as to make 
    restitution impracticable; or
        ``(B) determining complex issues of fact related to the cause 
    or amount of the victim's losses would complicate or prolong the 
    sentencing process to a degree that the need to provide restitution 
    to any victim is outweighed by the burden on the sentencing 
    process.
    ``(d) An order of restitution under this section shall be issued 
and enforced in accordance with section 3664.''.
    (b) Clerical Amendment.--The analysis for chapter 232 of title 18, 
United States Code, is amended by inserting immediately after the 
matter relating to section 3663 the following:
``3663A. Mandatory restitution to victims of certain crimes.''.

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

    (a) In General.--Section 3663 of title 18, United States Code, is 
amended--
        (1) in subsection (a)(1)--
            (A) by striking ``(a)(1) The court'' and inserting 
        ``(a)(1)(A) The court'';
            (B) by inserting ``, section 401, 408(a), 409, 416, 420, or 
        422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 
        849, 856, 861, 863) (but in no case shall a participant in an 
        offense under such sections be considered a victim of such 
        offense under this section),'' before ``or section 46312,'';
            (C) by inserting ``other than an offense described in 
        section 3663A(c),'' after ``title 49,'';
            (D) by inserting before the period at the end the 
        following: ``, or if the victim is deceased, to the victim's 
        estate'';
            (E) by adding at the end the following new subparagraph:
    ``(B)(i) The court, in determining whether to order restitution 
under this section, shall consider--
        ``(I) the amount of the loss sustained by each victim as a 
    result of the offense; and
        ``(II) the financial resources of the defendant, the financial 
    needs and earning ability of the defendant and the defendant's 
    dependents, and such other factors as the court deems appropriate.
    ``(ii) To the extent that the court determines that the 
complication and prolongation of the sentencing process resulting from 
the fashioning of an order of restitution under this section outweighs 
the need to provide restitution to any victims, the court may decline 
to make such an order.''; and
            (F) by amending paragraph (2) to read as follows:
    ``(2) For the purposes of this section, the term `victim' means a 
person directly and proximately harmed as a result of the commission of 
an offense for which restitution may be ordered including, in the case 
of an offense that involves as an element a scheme, conspiracy, or 
pattern of criminal activity, any person directly harmed by the 
defendant's criminal conduct in the course of the scheme, conspiracy, 
or pattern. In the case of a victim who is under 18 years of age, 
incompetent, incapacitated, or deceased, the legal guardian of the 
victim or representative of the victim's estate, another family member, 
or any other person appointed as suitable by the court, may assume the 
victim's rights under this section, but in no event shall the defendant 
be named as such representative or guardian.'';
        (2) by striking subsections (c) through (i); and
        (3) by adding at the end the following new subsections:
    ``(c)(1) Notwithstanding any other provision of law (but subject to 
the provisions of subsections (a)(1)(B) (i)(II) and (ii), when 
sentencing a defendant convicted of an offense described in section 
401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act 
(21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no 
identifiable victim, the court may order that the defendant make 
restitution in accordance with this subsection.
    ``(2)(A) An order of restitution under this subsection shall be 
based on the amount of public harm caused by the offense, as determined 
by the court in accordance with guidelines promulgated by the United 
States Sentencing Commission.
    ``(B) In no case shall the amount of restitution ordered under this 
subsection exceed the amount of the fine ordered for the offense 
charged in the case.
    ``(3) Restitution under this subsection shall be distributed as 
follows:
        ``(A) 65 percent of the total amount of restitution shall be 
    paid to the State entity designated to administer crime victim 
    assistance in the State in which the crime occurred.
        ``(B) 35 percent of the total amount of restitution shall be 
    paid to the State entity designated to receive Federal substance 
    abuse block grant funds.
    ``(4) The court shall not make an award under this subsection if it 
appears likely that such award would interfere with a forfeiture under 
chapter 46 of this title or under the Controlled Substances Act (21 
U.S.C. 801 et seq.).
    ``(5) Notwithstanding section 3612(c) or any other provision of 
law, a penalty assessment under section 3013 or a fine under subchapter 
C of chapter 227 shall take precedence over an order of restitution 
under this subsection.
    ``(6) Requests for community restitution under this subsection may 
be considered in all plea agreements negotiated by the United States.
    ``(7)(A) The United States Sentencing Commission shall promulgate 
guidelines to assist courts in determining the amount of restitution 
that may be ordered under this subsection.
    ``(B) No restitution shall be ordered under this subsection until 
such time as the Sentencing Commission promulgates guidelines pursuant 
to this paragraph.
    ``(d) An order of restitution made pursuant to this section shall 
be issued and enforced in accordance with section 3664.''.
    (b) Sexual Abuse.--Section 2248 of title 18, United States Code, is 
amended--
        (1) in subsection (a), by inserting ``or 3663A'' after 
    ``3663'';
        (2) in subsection (b)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) Directions.--The order of restitution under this section 
    shall direct the defendant to pay to the victim (through the 
    appropriate court mechanism) the full amount of the victim's losses 
    as determined by the court pursuant to paragraph (2).'';
            (B) by amending paragraph (2) to read as follows:
        ``(2) Enforcement.--An order of restitution under this section 
    shall be issued and enforced in accordance with section 3664 in the 
    same manner as an order under section 3663A.'';
            (C) in paragraph (4), by striking subparagraphs (C) and 
        (D); and
            (D) by striking paragraphs (5) through (10);
        (3) by striking subsections (c) through (e); and
        (4) by redesignating subsection (f) as subsection (c).
    (c) Sexual Exploitation and Other Abuse of Children.--Section 2259 
of title 18, United States Code, is amended--
        (1) in subsection (a), by inserting ``or 3663A'' after 
    ``3663'';
        (2) in subsection (b)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) Directions.--The order of restitution under this section 
    shall direct the defendant to pay the victim (through the 
    appropriate court mechanism) the full amount of the victim's losses 
    as determined by the court pursuant to paragraph (2).'';
            (B) by amending paragraph (2) to read as follows:
        ``(2) Enforcement.--An order of restitution under this section 
    shall be issued and enforced in accordance with section 3664 in the 
    same manner as an order under section 3663A.'';
            (C) in paragraph (4), by striking subparagraphs (C) and 
        (D); and
            (D) by striking paragraphs (5) through (10);
        (3) by striking subsections (c) through (e); and
        (4) by redesignating subsection (f) as subsection (c).
    (d) Domestic Violence.--Section 2264 of title 18, United States 
Code, is amended--
        (1) in subsection (a), by inserting ``or 3663A'' after 
    ``3663'';
        (2) in subsection (b)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) Directions.--The order of restitution under this section 
    shall direct the defendant to pay the victim (through the 
    appropriate court mechanism) the full amount of the victim's losses 
    as determined by the court pursuant to paragraph (2).'';
            (B) by amending paragraph (2) to read as follows:
        ``(2) Enforcement.--An order of restitution under this section 
    shall be issued and enforced in accordance with section 3664 in the 
    same manner as an order under section 3663A.'';
            (C) in paragraph (4), by striking subparagraphs (C) and 
        (D); and
            (D) by striking paragraphs (5) through (10);
        (3) by striking subsections (c) through (g); and
        (4) by adding at the end the following new subsection (c):
    ``(c) Victim Defined.--For purposes of this section, the term 
`victim' means the individual harmed as a result of a commission of a 
crime under this chapter, including, in the case of a victim who is 
under 18 years of age, incompetent, incapacitated, or deceased, the 
legal guardian of the victim or representative of the victim's estate, 
another family member, or any other person appointed as suitable by the 
court, but in no event shall the defendant be named as such 
representative or guardian.''.
    (e) Telemarketing Fraud.--Section 2327 of title 18, United States 
Code, is amended--
        (1) in subsection (a), by inserting ``or 3663A'' after 
    ``3663'';
        (2) in subsection (b)--
            (A) by amending paragraph (1) to read as follows:
        ``(1) Directions.--The order of restitution under this section 
    shall direct the defendant to pay to the victim (through the 
    appropriate court mechanism) the full amount of the victim's losses 
    as determined by the court pursuant to paragraph (2).'';
            (B) by amending paragraph (2) to read as follows:
        ``(2) Enforcement.--An order of restitution under this section 
    shall be issued and enforced in accordance with section 3664 in the 
    same manner as an order under section 3663A.'';
            (C) in paragraph (4), by striking subparagraphs (C) and 
        (D); and
            (D) by striking paragraphs (5) through (10);
        (3) by striking subsections (c) through (e); and
        (4) by redesignating subsection (f) as subsection (c).

SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.

    (a) In General.--Section 3664 of title 18, United States Code, is 
amended to read as follows:

``Sec. 3664. Procedure for issuance and enforcement of order of 
            restitution

    ``(a) For orders of restitution under this title, the court shall 
order the probation officer to obtain and include in its presentence 
report, or in a separate report, as the court may direct, information 
sufficient for the court to exercise its discretion in fashioning a 
restitution order. The report shall include, to the extent practicable, 
a complete accounting of the losses to each victim, any restitution 
owed pursuant to a plea agreement, and information relating to the 
economic circumstances of each defendant. If the number or identity of 
victims cannot be reasonably ascertained, or other circumstances exist 
that make this requirement clearly impracticable, the probation officer 
shall so inform the court.
    ``(b) The court shall disclose to both the defendant and the 
attorney for the Government all portions of the presentence or other 
report pertaining to the matters described in subsection (a) of this 
section.
    ``(c) The provisions of this chapter, chapter 227, and Rule 32(c) 
of the Federal Rules of Criminal Procedure shall be the only rules 
applicable to proceedings under this section.
    ``(d)(1) Upon the request of the probation officer, but not later 
than 60 days prior to the date initially set for sentencing, the 
attorney for the Government, after consulting, to the extent 
practicable, with all identified victims, shall promptly provide the 
probation officer with a listing of the amounts subject to restitution.
    ``(2) The probation officer shall, prior to submitting the 
presentence report under subsection (a), to the extent practicable--
        ``(A) provide notice to all identified victims of--
            ``(i) the offense or offenses of which the defendant was 
        convicted;
            ``(ii) the amounts subject to restitution submitted to the 
        probation officer;
            ``(iii) the opportunity of the victim to submit information 
        to the probation officer concerning the amount of the victim's 
        losses;
            ``(iv) the scheduled date, time, and place of the 
        sentencing hearing;
            ``(v) the availability of a lien in favor of the victim 
        pursuant to subsection (m)(1)(B); and
            ``(vi) the opportunity of the victim to file with the 
        probation officer a separate affidavit relating to the amount 
        of the victim's losses subject to restitution; and
        ``(B) provide the victim with an affidavit form to submit 
    pursuant to subparagraph (A)(vi).
    ``(3) Each defendant shall prepare and file with the probation 
officer an affidavit fully describing the financial resources of the 
defendant, including a complete listing of all assets owned or 
controlled by the defendant as of the date on which the defendant was 
arrested, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other information that the court 
requires relating to such other factors as the court deems appropriate.
    ``(4) After reviewing the report of the probation officer, the 
court may require additional documentation or hear testimony. The 
privacy of any records filed, or testimony heard, pursuant to this 
section shall bemaintained to the greatest extent possible, and such 
records may be filed or testimony heard in camera.
    ``(5) If the victim's losses are not ascertainable by the date that 
is 10 days prior to sentencing, the attorney for the Government or the 
probation officer shall so inform the court, and the court shall set a 
date for the final determination of the victim's losses, not to exceed 
90 days after sentencing. If the victim subsequently discovers further 
losses, the victim shall have 60 days after discovery of those losses 
in which to petition the court for an amended restitution order. Such 
order may be granted only upon a showing of good cause for the failure 
to include such losses in the initial claim for restitutionary relief.
    ``(6) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate judge or special master 
for proposed findings of fact and recommendations as to disposition, 
subject to a de novo determination of the issue by the court.
    ``(e) Any dispute as to the proper amount or type of restitution 
shall be resolved by the court by the preponderance of the evidence. 
The burden of demonstrating the amount of the loss sustained by a 
victim as a result of the offense shall be on the attorney for the 
Government. The burden of demonstrating the financial resources of the 
defendant and the financial needs of the defendant's dependents, shall 
be on the defendant. The burden of demonstrating such other matters as 
the court deems appropriate shall be upon the party designated by the 
court as justice requires.
    ``(f)(1)(A) In each order of restitution, the court shall order 
restitution to each victim in the full amount of each victim's losses 
as determined by the court and without consideration of the economic 
circumstances of the defendant.
    ``(B) In no case shall the fact that a victim has received or is 
entitled to receive compensation with respect to a loss from insurance 
or any other source be considered in determining the amount of 
restitution.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall, pursuant to section 3572, specify in the 
restitution order the manner in which, and the schedule according to 
which, the restitution is to be paid, in consideration of--
        ``(A) the financial resources and other assets of the 
    defendant, including whether any of these assets are jointly 
    controlled;
        ``(B) projected earnings and other income of the defendant; and
        ``(C) any financial obligations of the defendant; including 
    obligations to dependents.
    ``(3)(A) A restitution order may direct the defendant to make a 
single, lump-sum payment, partial payments at specified intervals, in-
kind payments, or a combination of payments at specified intervals and 
in-kind payments.
    ``(B) A restitution order may direct the defendant to make nominal 
periodic payments if the court finds from facts on the record that the 
economic circumstances of the defendant do not allow the payment of any 
amount of a restitution order, and do not allow for the payment of the 
full amount of a restitution order in the foreseeable future under any 
reasonable schedule of payments.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
        ``(A) return of property;
        ``(B) replacement of property; or
        ``(C) if the victim agrees, services rendered to the victim or 
    a person or organization other than the victim.
    ``(g)(1) No victim shall be required to participate in any phase of 
a restitution order.
    ``(2) A victim may at any time assign the victim's interest in 
restitution payments to the Crime Victims Fund in the Treasury without 
in any way impairing the obligation of the defendant to make such 
payments.
    ``(h) If the court finds that more than 1 defendant has contributed 
to the loss of a victim, the court may make each defendant liable for 
payment of the full amount of restitution or may apportion liability 
among the defendants to reflect the level of contribution to the 
victim's loss and economic circumstances of each defendant.
    ``(i) If the court finds that more than 1 victim has sustained a 
loss requiring restitution by a defendant, the court may provide for a 
different payment schedule for each victim based on the type and amount 
of each victim's loss and accounting for the economic circumstances of 
each victim. In any case in which the United States is a victim, the 
court shall ensure that all other victims receive full restitution 
before the United States receives any restitution.
    ``(j)(1) If a victim has received compensation from insurance or 
any other source with respect to a loss, the court shall order that 
restitution be paid to the person who provided or is obligated to 
provide the compensation, but the restitution order shall provide that 
all restitution of victims required by the order be paid to the victims 
before any restitution is paid to such a provider of compensation.
    ``(2) Any amount paid to a victim under an order of restitution 
shall be reduced by any amount later recovered as compensatory damages 
for the same loss by the victim in--
        ``(A) any Federal civil proceeding; and
        ``(B) any State civil proceeding, to the extent provided by the 
    law of the State.
    ``(k) A restitution order shall provide that the defendant shall 
notify the court and the Attorney General of any material change in the 
defendant's economic circumstances that might affect the defendant's 
ability to pay restitution. The court may also accept notification of a 
material change in the defendant's economic circumstances from the 
United States or from the victim. The Attorney General shall certify to 
the court that the victim or victims owed restitution by the defendant 
have been notified of the change in circumstances. Upon receipt of the 
notification, the court may, on its own motion, or the motion of any 
party, including the victim, adjust the payment schedule, or require 
immediate payment in full, as the interests of justice require.
    ``(l) A conviction of a defendant for an offense involving the act 
giving rise to an order of restitution shall estop the defendant from 
denying the essential allegations of that offense in any subsequent 
Federal civil proceeding or State civil proceeding, to the extent 
consistent with State law, brought by the victim.
    ``(m)(1)(A)(i) An order of restitution may be enforced by the 
United States in the manner provided for in subchapter C of chapter 227 
and subchapter B of chapter 229 of this title; or
    ``(ii) by all other available and reasonable means.
    ``(B) At the request of a victim named in a restitution order, the 
clerk of the court shall issue an abstract of judgment certifying that 
a judgment has been entered in favor of such victim in the amount 
specified in the restitution order. Upon registering, recording, 
docketing, or indexing such abstract in accordance with the rules and 
requirements relating to judgments of the court of the State where the 
district court is located, the abstract of judgment shall be a lien on 
the property of the defendant located in such State in the same manner 
and to the same extent and under the same conditions as a judgment of a 
court of general jurisdiction in that State.
    ``(2) An order of in-kind restitution in the form of services shall 
be enforced by the probation officer.
    ``(n) If a person obligated to provide restitution, or pay a fine, 
receives substantial resources from any source, including inheritance, 
settlement, or other judgment, during a period of incarceration, such 
person shall be required to apply the value of such resources to any 
restitution or fine still owed.
    ``(o) A sentence that imposes an order of restitution is a final 
judgment notwithstanding the fact that--
        ``(1) such a sentence can subsequently be--
            ``(A) corrected under Rule 35 of the Federal Rules of 
        Criminal Procedure and section 3742 of chapter 235 of this 
        title;
            ``(B) appealed and modified under section 3742;
            ``(C) amended under section 3664(d)(3); or
            ``(D) adjusted under section 3664(k), 3572, or 3613A; or
        ``(2) the defendant may be resentenced under section 3565 or 
    3614.
    ``(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 
3663, and 3663A and arising out of the application of such sections, 
shall be construed to create a cause of action not otherwise authorized 
in favor of any person against the United States or any officer or 
employee of the United States.''.
    (b) Technical Amendment.--The item relating to section 3664 in the 
analysis for chapter 232 of title 18, United States Code, is amended to 
read as follows:
``3664. Procedure for issuance and enforcement of order of 
          restitution.''.

SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.

    (a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b) 
of the Federal Rules of Criminal Procedure is amended--
        (1) in paragraph (1), by adding at the end the following: 
    ``Notwithstanding the preceding sentence, a presentence 
    investigation and report, or other report containing information 
    sufficient for the court to enter an order of restitution, as the 
    court may direct, shall be required in any case in which 
    restitution is required to be ordered.''; and
        (2) in paragraph (4)--
            (A) by redesignating subparagraphs (F) and (G) as 
        subparagraphs (G) and (H), respectively; and
            (B) by inserting after subparagraph (E), the following new 
        subparagraph:
            ``(F) in appropriate cases, information sufficient for the 
        court to enter an order of restitution;''.
    (b) Fines.--Section 3572 of title 18, United States Code, is 
amended--
        (1) in subsection (b) by inserting ``other than the United 
    States,'' after ``offense,'';
        (2) in subsection (d)--
            (A) in the first sentence, by striking ``A person sentenced 
        to pay a fine or other monetary penalty'' and inserting ``(1) A 
        person sentenced to pay a fine or other monetary penalty, 
        including restitution,'';
            (B) by striking the third sentence; and
            (C) by adding at the end the following:
    ``(2) If the judgment, or, in the case of a restitution order, the 
order, permits other than immediate payment, the length of time over 
which scheduled payments will be made shall be set by the court, but 
shall be the shortest time in which full payment can reasonably be 
made.
    ``(3) A judgment for a fine which permits payments in installments 
shall include a requirement that the defendant will notify the court of 
any material change in the defendant's economic circumstances that 
might affect the defendant's ability to pay the fine. Upon receipt of 
such notice the court may, on its own motion or the motion of any 
party, adjust the payment schedule, or require immediate payment in 
full, as the interests of justice require.'';
        (3) in subsection (f), by inserting ``restitution'' after 
    ``special assessment,'';
        (4) in subsection (h), by inserting ``or payment of 
    restitution'' after ``A fine''; and
        (5) in subsection (i)--
            (A) in the first sentence, by inserting ``or payment of 
        restitution'' after ``A fine''; and
            (B) by amending the second sentence to read as follows: 
        ``Notwithstanding any installment schedule, when a fine or 
        payment of restitution is in default, the entire amount of the 
        fine or restitution is due within 30 days after notification of 
        the default, subject to the provisions of section 3613A.''.
    (c) Postsentence Administration.--
        (1) Payment of a fine or restitution.--Section 3611 of title 
    18, United States Code, is amended--
            (A) by amending the heading to read as follows:

``Sec. 3611. Payment of a fine or restitution''; 

        and
            (B) by striking ``or assessment shall pay the fine or 
        assessment'' and inserting ``, assessment, or restitution, 
        shall pay the fine, assessment, or restitution''.
        (2) Collection.--Section 3612 of title 18, United States Code, 
    is amended--
            (A) by amending the heading to read as follows:

``Sec. 3612. Collection of unpaid fine or restitution'';

            (B) in subsection (b)(1)--
                (i) in the matter preceding subparagraph (A), by 
            inserting ``or restitution order'' after ``fine'';
                (ii) in subparagraph (C), by inserting ``or restitution 
            order'' after ``fine'';
                (iii) in subparagraph (E), by striking ``and'';
                (iv) in subparagraph (F)--

                    (I) by inserting ``or restitution order'' after 
                ``fine''; and
                    (II) by striking the period at the end and 
                inserting ``; and''; and

                (v) by adding at the end the following new 
            subparagraph:
            ``(G) in the case of a restitution order, information 
        sufficient to identify each victim to whom restitution is owed. 
        It shall be the responsibility of each victim to notify the 
        Attorney General, or the appropriate entity of the court, by 
        means of a form to be provided by the Attorney General or the 
        court, of any change in the victim's mailing address while 
        restitution is still owed the victim. The confidentiality of 
        any information relating to a victim shall be maintained.'';
            (C) in subsection (c)--
                (i) in the first sentence, by inserting ``or 
            restitution'' after ``fine''; and
                (ii) by adding at the end the following: ``Any money 
            received from a defendant shall be disbursed so that each 
            of the following obligations is paid in full in the 
            following sequence:
        ``(1) A penalty assessment under section 3013 of title 18, 
    United States Code.
        ``(2) Restitution of all victims.
        ``(3) All other fines, penalties, costs, and other payments 
    required under the sentence.'';
            (D) in subsection (d)--
                (i) by inserting ``or restitution'' after ``fine''; and
                (ii) by striking ``is delinquent, to inform him that 
            the fine is delinquent'' and inserting ``or restitution is 
            delinquent, to inform the person of the delinquency'';
            (E) in subsection (e)--
                (i) by inserting ``or restitution'' after ``fine''; and
                (ii) by striking ``him that the fine is in default'' 
            and inserting ``the person that the fine or restitution is 
            in default'';
            (F) in subsection (f)--
                (i) in the heading, by inserting ``and restitution'' 
            after ``on fines''; and
                (ii) in paragraph (1), by inserting ``or restitution'' 
            after ``any fine'';
            (G) in subsection (g), by inserting ``or restitution'' 
        after ``fine'' each place it appears; and
            (H) in subsection (i), by inserting ``and restitution'' 
        after ``fines''.
        (3) Civil remedies.--Section 3613 of title 18, United States 
    Code, is amended to read as follows:

``Sec. 3613. Civil remedies for satisfaction of an unpaid fine

    ``(a) Enforcement.--The United States may enforce a judgment 
imposing a fine in accordance with the practices and procedures for the 
enforcement of a civil judgment under Federal law or State law. 
Notwithstanding any other Federal law (including section 207 of the 
Social Security Act), a judgment imposing a fine may be enforced 
against all property or rights to property of the person fined, except 
that--
        ``(1) property exempt from levy for taxes pursuant to section 
    6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of 
    the Internal Revenue Code of 1986 shall be exempt from enforcement 
    of the judgment under Federal law;
        ``(2) section 3014 of chapter 176 of title 28 shall not apply 
    to enforcement under Federal law; and
        ``(3) the provisions of section 303 of the Consumer Credit 
    Protection Act (15 U.S.C. 1673) shall apply to enforcement of the 
    judgment under Federal law or State law.
    ``(b) Termination of Liability.--The liability to pay a fine shall 
terminate the later of 20 years from the entry of judgment or 20 years 
after the release from imprisonment of the person fined, or upon the 
death of the individual fined.
    ``(c) Lien.--A fine imposed pursuant to the provisions of 
subchapter C of chapter 227 of this title, or an order of restitution 
made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 
of this title, is a lien in favor of the United States on all property 
and rights to property of the person fined as if the liability of the 
person fined were a liability for a tax assessed under the Internal 
Revenue Code of 1986. The lien arises on the entry of judgment and 
continues for 20 years or until the liability is satisfied, remitted, 
set aside, or is terminated under subsection (b).
    ``(d) Effect of Filing Notice of Lien.--Upon filing of a notice of 
lien in the manner in which a notice of tax lien would be filed under 
section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the 
lien shall be valid against any purchaser, holder of a security 
interest, mechanic's lienor or judgment lien creditor, except with 
respect to properties or transactions specified in subsection (b), (c), 
or (d) of section 6323 of the Internal Revenue Code of 1986 for which a 
notice of tax lien properly filed on the same date would not be valid. 
The notice of lien shall be considered a notice of lien for taxes 
payable to the United States for the purpose of any State or local law 
providing for the filing of a notice of a tax lien. A notice of lien 
that is registered, recorded, docketed, or indexed in accordance with 
the rules and requirements relating to judgments of the courts of the 
State where the notice of lien is registered, recorded, docketed, or 
indexed shall be considered for all purposes as the filing prescribed 
by this section. The provisions of section 3201(e) of chapter 176 of 
title 28 shall apply to liens filed as prescribed by this section.
    ``(e) Discharge of Debt Inapplicable.--No discharge of debts in a 
proceeding pursuant to any chapter of title 11, United States Code, 
shall discharge liability to pay a fine pursuant to this section, and a 
lien filed as prescribed by this section shall not be voided in a 
bankruptcy proceeding.
    ``(f) Applicability to Order of Restitution.--In accordance with 
section 3664(m)(1)(A) of this title, all provisions of this section are 
available to the United States for the enforcement of an order of 
restitution.''.
        (4) Default.--Chapter 229 of title 18, United States Code, is 
    amended by inserting after section 3613 the following new section:

``Sec. 3613A. Effect of default

    ``(a)(1) Upon a finding that the defendant is in default on a 
payment of a fine or restitution, the court may, pursuant to section 
3565, revoke probation or a term of supervised release, modify the 
terms or conditions of probation or a term of supervised release, 
resentence a defendant pursuant to section 3614, hold the defendant in 
contempt of court, enter a restraining order or injunction, order the 
sale of property of the defendant, accept a performance bond, enter or 
adjust a payment schedule, or take any other action necessary to obtain 
compliance with the order of a fine or restitution.
    ``(2) In determining what action to take, the court shall consider 
the defendant's employment status, earning ability, financial 
resources, the willfulness in failing to comply with the fine or 
restitution order, and any other circumstances that may have a bearing 
on the defendant's ability or failure to comply with the order of a 
fine or restitution.
    ``(b)(1) Any hearing held pursuant to this section may be conducted 
by a magistrate judge, subject to de novo review by the court.
    ``(2) To the extent practicable, in a hearing held pursuant to this 
section involving a defendant who is confined in any jail, prison, or 
other correctional facility, proceedings in which the prisoner's 
participation is required or permitted shall be conducted by telephone, 
video conference, or other communications technology without removing 
the prisoner from the facility in which the prisoner is confined.''.
        (5) Resentencing.--Section 3614 of title 18, United States 
    Code, is amended--
            (A) in the heading, by inserting ``or restitution'' after 
        ``fine'';
            (B) in subsection (a), by inserting ``or restitution'' 
        after ``fine''; and
            (C) by adding at the end the following new subsection:
    ``(c) Effect of Indigency.--In no event shall a defendant be 
incarcerated under this section solely on the basis of inability to 
make payments because the defendant is indigent.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
subchapter B of chapter 229 of title 18, United States Code, is amended 
to read as follows:

``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.

SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.

    Pursuant to section 994 of title 28, United States Code, the United 
States Sentencing Commission shall promulgate guidelines or amend 
existing guidelines to reflect this subtitle and the amendments made by 
this subtitle.

SEC. 209. JUSTICE DEPARTMENT REGULATIONS.

    Not later than 90 days after the date of enactment of this 
subtitle, the Attorney General shall promulgate guidelines, or amend 
existing guidelines, to carry out this subtitle and the amendments made 
by this subtitle and to ensure that--
        (1) in all plea agreements negotiated by the United States, 
    consideration is given to requesting that the defendant provide 
    full restitution to all victims of all charges contained in the 
    indictment or information, without regard to the counts to which 
    the defendant actually pleaded; and
        (2) orders of restitution made pursuant to the amendments made 
    by this subtitle are enforced to the fullest extent of the law.

SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

    Section 3013(a)(2) of title 18, United States Code, is amended--
        (1) in subparagraph (A), by striking ``$50'' and inserting 
    ``not less than $100''; and
        (2) in subparagraph (B), by striking ``$200'' and inserting 
    ``not less than $400''.

SEC. 211. EFFECTIVE DATE.

    The amendments made by this subtitle shall, to the extent 
constitutionally permissible, be effective for sentencing proceedings 
in cases in which the defendant is convicted on or after the date of 
enactment of this Act.

     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    (a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
        (1) in subsection (a)--
            (A) by striking ``or'' at the end of paragraph (5);
            (B) by striking the period at the end of paragraph (6) and 
        inserting ``; or''; and
            (C) by adding at the end the following new paragraph:
        ``(7) not otherwise covered by paragraph (2), in which money 
    damages are sought against a foreign state for personal injury or 
    death that was caused by an act of torture, extrajudicial killing, 
    aircraft sabotage, hostage taking, or the provision of material 
    support or resources (as defined in section 2339A of title 18) for 
    such an act if such act or provision of material support is engaged 
    in by an official, employee, or agent of such foreign state while 
    acting within the scope of his or her office, employment, or 
    agency, except that the court shall decline to hear a claim under 
    this paragraph--
            ``(A) if the foreign state was not designated as a state 
        sponsor of terrorism under section 6(j) of the Export 
        Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 
        620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at 
        the time the act occurred, unless later so designated as a 
        result of such act; and
            ``(B) even if the foreign state is or was so designated, 
        if--
                ``(i) the act occurred in the foreign state against 
            which the claim has been brought and the claimant has not 
            afforded the foreign state a reasonable opportunity to 
            arbitrate the claim in accordance with accepted 
            international rules of arbitration; or
                ``(ii) the claimant or victim was not a national of the 
            United States (as that term is defined in section 
            101(a)(22) of the Immigration and Nationality Act) when the 
            act upon which the claim is based occurred.''; and
        (2) by adding at the end the following:
    ``(e) For purposes of paragraph (7) of subsection (a)--
        ``(1) the terms `torture' and `extrajudicial killing' have the 
    meaning given those terms in section 3 of the Torture Victim 
    Protection Act of 1991;
        ``(2) the term `hostage taking' has the meaning given that term 
    in Article 1 of the International Convention Against the Taking of 
    Hostages; and
        ``(3) the term `aircraft sabotage' has the meaning given that 
    term in Article 1 of the Convention for the Suppression of Unlawful 
    Acts Against the Safety of Civil Aviation.
    ``(f) No action shall be maintained under subsection (a)(7) unless 
the action is commenced not later than 10 years after the date on which 
the cause of action arose. All principles of equitable tolling, 
including the period during which the foreign state was immune from 
suit, shall apply in calculating this limitation period.
    ``(g) Limitation on Discovery.--
        ``(1) In general.--(A) Subject to paragraph (2), if an action 
    is filed that would otherwise be barred by section 1604, but for 
    subsection (a)(7), the court, upon request of the Attorney General, 
    shall stay any request, demand, or order for discovery on the 
    United States that the Attorney General certifies would 
    significantly interfere with a criminal investigation or 
    prosecution, or a national security operation, related to the 
    incident that gave rise to the cause of action, until such time as 
    the Attorney General advises the court that such request, demand, 
    or order will no longer so interfere.
        ``(B) A stay under this paragraph shall be in effect during the 
    12-month period beginning on the date on which the court issues the 
    order to stay discovery. The court shall renew the order to stay 
    discovery for additional 12-month periods upon motion by the United 
    States if the Attorney General certifies that discovery would 
    significantly interfere with a criminal investigation or 
    prosecution, or a national security operation, related to the 
    incident that gave rise to the cause of action.
        ``(2) Sunset.--(A) Subject to subparagraph (B), no stay shall 
    be granted or continued in effect under paragraph (1) after the 
    date that is 10 years after the date on which the incident that 
    gave rise to the cause of action occurred.
        ``(B) After the period referred to in subparagraph (A), the 
    court, upon request of the Attorney General, may stay any request, 
    demand, or order for discovery on the United States that the court 
    finds a substantial likelihood would--
            ``(i) create a serious threat of death or serious bodily 
        injury to any person;
            ``(ii) adversely affect the ability of the United States to 
        work in cooperation with foreign and international law 
        enforcement agencies in investigating violations of United 
        States law; or
            ``(iii) obstruct the criminal case related to the incident 
        that gave rise to the cause of action or undermine the 
        potential for a conviction in such case.
        ``(3) Evaluation of evidence.--The court's evaluation of any 
    request for a stay under this subsection filed by the Attorney 
    General shall be conducted ex parte and in camera.
        ``(4) Bar on motions to dismiss.--A stay of discovery under 
    this subsection shall constitute a bar to the granting of a motion 
    to dismiss under rules 12(b)(6) and 56 of the Federal Rules of 
    Civil Procedure.
        ``(5) Construction.--Nothing in this subsection shall prevent 
    the United States from seeking protective orders or asserting 
    privileges ordinarily available to the United States.''.
    (b) Exception to Immunity From Attachment.--
        (1) Foreign state.--Section 1610(a) of title 28, United States 
    Code, is amended--
            (A) by striking the period at the end of paragraph (6) and 
        inserting ``, or''; and
            (B) by adding at the end the following new paragraph:
        ``(7) the judgment relates to a claim for which the foreign 
    state is not immune under section 1605(a)(7), regardless of whether 
    the property is or was involved with the act upon which the claim 
    is based.''.
        (2) Agency or instrumentality.--Section 1610(b)(2) of title 28, 
    United States Code, is amended--
            (A) by striking ``or (5)'' and inserting ``(5), or (7)''; 
        and
            (B) by striking ``used for the activity'' and inserting 
        ``involved in the act''.
    (c) Applicability.--The amendments made by this subtitle shall 
apply to any cause of action arising before, on, or after the date of 
the enactment of this Act.

             Subtitle C--Assistance to Victims of Terrorism

SEC. 231. SHORT TITLE.

    This subtitle may be cited as the ``Justice for Victims of 
Terrorism Act of 1996''.

SEC. 232. VICTIMS OF TERRORISM ACT.

    (a) Authority To Provide Assistance and Compensation to Victims of 
Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) 
is amended by inserting after section 1404A the following new section:

``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR 
              MASS VIOLENCE.

    ``(a) Victims of Acts of Terrorism Outside the United States.--The 
Director may make supplemental grants as provided in section 1404(a) to 
States to provide compensation and assistance to the residents of such 
States who, while outside of the territorial boundaries of the United 
States, are victims of a terrorist act or mass violence and are not 
persons eligible for compensation under title VIII of the Omnibus 
Diplomatic Security and Antiterrorism Act of 1986.
    ``(b) Victims of Terrorism Within the United States.--The Director 
may make supplemental grants as provided in section 1404(d)(4)(B) to 
States for eligible crime victim compensation and assistance programs 
to provide emergency relief, including crisis response efforts, 
assistance, training, and technical assistance, for the benefit of 
victims of terrorist acts or mass violence occurring within the United 
States and may provide funding to United States Attorney's Offices for 
use in coordination with State victim compensation and assistance 
efforts in providing emergency relief.''.
    (b) Funding of Compensation and Assistance to Victims of Terrorism, 
Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime 
Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
        ``(4)(A) If the sums available in the Fund are sufficient to 
    fully provide grants to the States pursuant to section 1403(a)(1), 
    the Director may retain any portion of the Fund that was deposited 
    during a fiscal year that was in excess of 110 percent of the total 
    amount deposited in the Fund during the preceding fiscal year as an 
    emergency reserve. Such reserve shall not exceed $50,000,000.
        ``(B) The emergency reserve referred to in subparagraph (A) may 
    be used for supplemental grants under section 1404B and to 
    supplement the funds available to provide grants to States for 
    compensation and assistance in accordance with sections 1403 and 
    1404 in years in which supplemental grants are needed.''.
    (c) Crime Victims Fund Amendments.--
        (1) Unobligated funds.--Section 1402 of the Victims of Crime 
    Act of 1984 (42 U.S.C. 10601) is amended--
            (A) in subsection (c), by striking ``subsection'' and 
        inserting ``chapter''; and
            (B) by amending subsection (e) to read as follows:
    ``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a 
grant under this chapter that remains unspent at the end of a fiscal 
year in which the grant is made may be expended for the purpose for 
which the grant is made at any time during the 2 succeeding fiscal 
years, at the end of which period, any remaining unobligated sums in 
excess of $500,000 shall be returned to the Treasury. Any remaining 
unobligated sums in an amount less than $500,000 shall be returned to 
the Fund.''.
        (2) Base amount.--Section 1404(a)(5) of the Victims of Crime 
    Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as follows:
        ``(5) As used in this subsection, the term `base amount' 
    means--
            ``(A) except as provided in subparagraph (B), $500,000; and
            ``(B) for the territories of the Northern Mariana Islands, 
        Guam, American Samoa, and the Republic of Palau, $200,000, with 
        the Republic of Palau's share governed by the Compact of Free 
        Association between the United States and the Republic of 
        Palau.''.

SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) 
is amended--
        (1) by inserting ``crimes involving terrorism,'' before 
    ``driving while intoxicated''; and
        (2) by inserting a comma after ``driving while intoxicated''.
    (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting 
``are outside of the United States (if the compensable crime is 
terrorism, as defined in section 2331 of title 18, United States Code), 
or'' before ``are States not having''.
    (c) Designation of Cartney McRaven Child Development Center.--
        (1) Designation.--
            (A) In general.--The Federal building at 1314 LeMay 
        Boulevard, Ellsworth Air Force Base, South Dakota, shall be 
        known as the ``Cartney McRaven Child Development Center''.
            (B) Replacement building.--If, after the date of enactment 
        of this Act, a new Federal building is built at the location 
        described in subparagraph (A) to replace the building described 
        in the paragraph, the new Federal building shall be known as 
        the ``Cartney McRaven Child Development Center''.
        (2) References.--Any reference in a law, map, regulation, 
    document, paper, or other record of the United States to a Federal 
    building referred to in paragraph (1) shall be deemed to be a 
    reference to the ``Cartney McRaven Child Development Center''.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect 1 year after the date of enactment of this 
Act.

SEC. 234. CRIME VICTIMS FUND.

    (a) Prohibition of Payments to Delinquent Criminal Debtors by State 
Crime Victim Compensation Programs.--
        (1) In general.--Section 1403(b) of the Victims of Crime Act of 
    1984 (42 U.S.C. 10602(b)) is amended--
            (A) by striking ``and'' at the end of paragraph (7);
            (B) by redesignating paragraph (8) as paragraph (9); and
            (C) by inserting after paragraph (7) the following new 
        paragraph:
        ``(8) such program does not provide compensation to any person 
    who has been convicted of an offense under Federal law with respect 
    to any time period during which the person is delinquent in paying 
    a fine, other monetary penalty, or restitution imposed for the 
    offense; and''.
        (2) Application of amendment.--Section 1403(b)(8) of the 
    Victims of Crime Act of 1984, as added by paragraph (1) of this 
    section, shall not be applied to deny victims compensation to any 
    person until the date on which the Attorney General, in 
    consultation with the Director of the Administrative Office of the 
    United States Courts, issues a written determination that a cost-
    effective, readily available criminal debt payment tracking system 
    operated by the agency responsible for the collection of criminal 
    debt has established cost-effective, readily available 
    communications links with entities that administer Federal victim 
    compensation programs that are sufficient to ensure that victim 
    compensation is not denied to any person except as authorized by 
    law.
    (b) Exclusion From Income for Purposes of Means Tests.--Section 
1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended 
by inserting after subsection (b) the following new subsection:
    ``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum allowed 
income eligibility requirement in any Federal, State, or local 
government program using Federal funds that provides medical or other 
assistance (or payment or reimbursement of the cost of such assistance) 
that becomes necessary to an applicant for such assistance in full or 
in part because of the commission of a crime against the applicant, as 
determined by the Director, any amount of crime victim compensation 
that the applicant receives through a crime victim compensation program 
under this section shall not be included in the income of the applicant 
until the total amount of assistance that the applicant receives from 
all such programs is sufficient to fully compensate the applicant for 
losses suffered as a result of the crime.''.

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

    (a) In General.--Notwithstanding any provision of the Federal Rules 
of Criminal Procedure to the contrary, in order to permit victims of 
crime to watch criminal trial proceedings in cases where the venue of 
the trial is changed--
        (1) out of the State in which the case was initially brought; 
    and
        (2) more than 350 miles from the location in which those 
    proceedings originally would have taken place;
the trial court shall order closed circuit televising of the 
proceedings to that location, for viewing by such persons the court 
determines have a compelling interest in doing so and are otherwise 
unable to do so by reason of the inconvenience and expense caused by 
the change of venue.
    (b) Limited Access.--
        (1) Generally.--No other person, other than official court and 
    security personnel, or other persons specifically designated by the 
    court, shall be permitted to view the closed circuit televising of 
    the proceedings.
        (2) Exception.--The court shall not designate a person under 
    paragraph (1) if the presiding judge at the trial determines that 
    testimony by that person would be materially affected if that 
    person heard other testimony at the trial.
    (c) Restrictions.--
        (1) The signal transmitted pursuant to subsection (a) shall be 
    under the control of the court at all times and shall only be 
    transmitted subject to the terms and conditions imposed by the 
    court.
        (2) No public broadcast or dissemination shall be made of the 
    signal transmitted pursuant to subsection (a). In the event any 
    tapes are produced in carrying out subsection (a), such tapes shall 
    be the property of the court and kept under seal.
        (3) Any violations of this subsection, or any rule or order 
    made pursuant to this section, shall be punishable as contempt of 
    court as described in section 402 of title 18, United States Code.
    (d) Donations.--The Administrative Office of the United States 
Courts may accept donations to enable the courts to carry out 
subsection (a).
    (e) Construction.--
        (1) Nothing in this section shall be construed--
            (i) to create in favor of any person a cause of action 
        against the United States or any officer or employees thereof, 
        or
            (ii) to provide any person with a defense in any action in 
        which application of this section is made.
    (f) Definition.--As used in this section, the term ``State'' means 
any State, the District of Columbia, or any possession or territory of 
the United States.
    (g) Rules.--The Judicial Conference of the United States, pursuant 
to its rule making authority under section 331 of title 28, United 
States Code, may promulgate and issue rules, or amend existing rules, 
to effectuate the policy addressed by this section. Upon the 
implementation of such rules, this section shall cease to be effective.
    (h) Effective Date.--This section shall only apply to cases filed 
after January 1, 1995.

SEC. 236. TECHNICAL CORRECTION.

    Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42 
U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A'' and inserting 
``1404(a)''.

            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
     Subtitle A--Prohibition on International Terrorist Fundraising

SEC. 301. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
        (1) international terrorism is a serious and deadly problem 
    that threatens the vital interests of the United States;
        (2) the Constitution confers upon Congress the power to punish 
    crimes against the law of nations and to carry out the treaty 
    obligations of the United States, and therefore Congress may by law 
    impose penalties relating to the provision of material support to 
    foreign organizations engaged in terrorist activity;
        (3) the power of the United States over immigration and 
    naturalization permits the exclusion from the United States of 
    persons belonging to international terrorist organizations;
        (4) international terrorism affects the interstate and foreign 
    commerce of the United States by harming international trade and 
    market stability, and limiting international travel by United 
    States citizens as well as foreign visitors to the United States;
        (5) international cooperation is required for an effective 
    response to terrorism, as demonstrated by the numerous multilateral 
    conventions in force providing universal prosecutive jurisdiction 
    over persons involved in a variety of terrorist acts, including 
    hostage taking, murder of an internationally protected person, and 
    aircraft piracy and sabotage;
        (6) some foreign terrorist organizations, acting through 
    affiliated groups or individuals, raise significant funds within 
    the United States, or use the United States as a conduit for the 
    receipt of funds raised in other nations; and
        (7) foreign organizations that engage in terrorist activity are 
    so tainted by their criminal conduct that any contribution to such 
    an organization facilitates that conduct.
    (b) Purpose.--The purpose of this subtitle is to provide the 
Federal Government the fullest possible basis, consistent with the 
Constitution, to prevent persons within the United States, or subject 
to the jurisdiction of the United States, from providing material 
support or resources to foreign organizations that engage in terrorist 
activities.

SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Chapter 2 of title II of the Immigration and 
Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end 
the following:

``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

    ``(a) Designation.--
        ``(1) In general.--The Secretary is authorized to designate an 
    organization as a foreign terrorist organization in accordance with 
    this subsection if the Secretary finds that--
            ``(A) the organization is a foreign organization;
            ``(B) the organization engages in terrorist activity (as 
        defined in section 212(a)(3)(B)); and
            ``(C) the terrorist activity of the organization threatens 
        the security of United States nationals or the national 
        security of the United States.
        ``(2) Procedure.--
            ``(A) Notice.--Seven days before making a designation under 
        this subsection, the Secretary shall, by classified 
        communication--
                ``(i) notify the Speaker and Minority Leader of the 
            House of Representatives, the President pro tempore, 
            Majority Leader, and Minority Leader of the Senate, and the 
            members of the relevant committees, in writing, of the 
            intent to designate a foreign organization under this 
            subsection, together with the findings made under paragraph 
            (1) with respect to that organization, and the factual 
            basis therefor; and
                ``(ii) seven days after such notification, publish the 
            designation in the Federal Register.
            ``(B) Effect of designation.--
                ``(i) For purposes of section 2339B of title 18, United 
            States Code, a designation under this subsection shall take 
            effect upon publication under subparagraph (A).
                ``(ii) Any designation under this subsection shall 
            cease to have effect upon an Act of Congress disapproving 
            such designation.
            ``(C) Freezing of assets.--Upon notification under 
        paragraph (2), the Secretary of the Treasury may require United 
        States financial institutions possessing or controlling any 
        assets of any foreign organization included in the notification 
        to block all financial transactions involving those assets 
        until further directive from either the Secretary of the 
        Treasury, Act of Congress, or order of court.
        ``(3) Record.--
            ``(A) In general.--In making a designation under this 
        subsection, the Secretary shall create an administrative 
        record.
            ``(B) Classified information.--The Secretary may consider 
        classified information in making a designation under this 
        subsection. Classified information shall not be subject to 
        disclosure for such time as it remains classified, except that 
        such information may be disclosed to a court ex parte and in 
        camera for purposes of judicial review under subsection (c).
        ``(4) Period of designation.--
            ``(A) In general.--Subject to paragraphs (5) and (6), a 
        designation under this subsection shall be effective for all 
        purposes for a period of 2 years beginning on the effective 
        date of the designation under paragraph (2)(B).
            ``(B) Redesignation.--The Secretary may redesignate a 
        foreign organization as a foreign terrorist organization for an 
        additional 2-year period at the end of the 2-year period 
        referred to in subparagraph (A) (but not sooner than 60 days 
        prior to the termination of such period) upon a finding that 
        the relevant circumstances described in paragraph (1) still 
        exist. The procedural requirements of paragraphs (2) and (3) 
        shall apply to a redesignation under this subparagraph.
        ``(5) Revocation by act of congress.--The Congress, by an Act 
    of Congress, may block or revoke a designation made under paragraph 
    (1).
        ``(6) Revocation based on change in circumstances.--
            ``(A) In general.--The Secretary may revoke a designation 
        made under paragraph (1) if the Secretary finds that--
                ``(i) the circumstances that were the basis for the 
            designation have changed in such a manner as to warrant 
            revocation of the designation; or
                ``(ii) the national security of the United States 
            warrants a revocation of the designation.
            ``(B) Procedure.--The procedural requirements of paragraphs 
        (2) through (4) shall apply to a revocation under this 
        paragraph.
        ``(7) Effect of revocation.--The revocation of a designation 
    under paragraph (5) or (6) shall not affect any action or 
    proceeding based on conduct committed prior to the effective date 
    of such revocation.
        ``(8) Use of designation in trial or hearing.--If a designation 
    under this subsection has become effective under paragraph (1)(B), 
    a defendant in a criminal action shall not be permitted to raise 
    any question concerning the validity of the issuance of such 
    designation as a defense or an objection at any trial or hearing.
    ``(b) Judicial Review of Designation.--
        ``(1) In general.--Not later than 30 days after publication of 
    the designation in the Federal Register, an organization designated 
    as a foreign terrorist organization may seek judicial review of the 
    designation in the United States Court of Appeals for the District 
    of Columbia Circuit.
        ``(2) Basis of review.--Review under this subsection shall be 
    based solely upon the administrative record, except that the 
    Government may submit, for ex parte and in camera review, 
    classified information used in making the designation.
        ``(3) Scope of review.--The Court shall hold unlawful and set 
    aside a designation the court finds to be--
            ``(A) arbitrary, capricious, an abuse of discretion, or 
        otherwise not in accordance with law;
            ``(B) contrary to constitutional right, power, privilege, 
        or immunity; or
            ``(C) in excess of statutory jurisdiction, authority, or 
        limitation, or short of statutory right.
        ``(4) Judicial review invoked.--The pendency of an action for 
    judicial review of a designation shall not affect the application 
    of this section, unless the court issues a final order setting 
    aside the designation.
    ``(c) Definitions.--As used in this section--
        ``(1) the term `classified information' has the meaning given 
    that term in section 1(a) of the Classified Information Procedures 
    Act (18 U.S.C. App.);
        ``(2) the term `national security' means the national defense, 
    foreign relations, or economic interests of the United States;
        ``(3) the term `relevant committees' means the Committees on 
    the Judiciary, Intelligence, and Foreign Relations of the Senate 
    and the Committees on the Judiciary, Intelligence, and 
    International Relations of the House of Representatives; and
        ``(4) the term `Secretary' means the Secretary of State, in 
    consultation with the Secretary of the Treasury and the Attorney 
    General.''.
    (b) Clerical Amendment.--The table of contents for the Immigration 
and Nationality Act, relating to terrorism, is amended by inserting 
after the item relating to section 218 the following new item:
``Sec. 219. Designation of foreign terrorist organizations.''.

SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

    (a) In General.--Chapter 113B of title 18, United States Code, is 
amended by adding at the end the following new section:

``Sec. 2339B. Providing material support or resources to designated 
            foreign terrorist organizations

    ``(a) Prohibited Activities.--
        ``(1) Unlawful conduct.--Whoever, within the United States or 
    subject to the jurisdiction of the United States, knowingly 
    provides material support or resources to a foreign terrorist 
    organization, or attempts or conspires to do so, shall be fined 
    under this title or imprisoned not more than 10 years, or both.
        ``(2) Financial institutions.--Except as authorized by the 
    Secretary, any financial institution that becomes aware that it has 
    possession of, or control over, any funds in which a foreign 
    terrorist organization, or its agent, has an interest, shall--
            ``(A) retain possession of, or maintain control over, such 
        funds; and
            ``(B) report to the Secretary the existence of such funds 
        in accordance with regulations issued by the Secretary.
    ``(b) Civil Penalty.--Any financial institution that knowingly 
fails to comply with subsection (a)(2) shall be subject to a civil 
penalty in an amount that is the greater of--
            ``(A) $50,000 per violation; or
            ``(B) twice the amount of which the financial institution 
        was required under subsection (a)(2) to retain possession or 
        control.
    ``(c) Injunction.--Whenever it appears to the Secretary or the 
Attorney General that any person is engaged in, or is about to engage 
in, any act that constitutes, or would constitute, a violation of this 
section, the Attorney General may initiate civil action in a district 
court of the United States to enjoin such violation.
    ``(d) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction over an offense under this section.
    ``(e) Investigations.--
        ``(1) In general.--The Attorney General shall conduct any 
    investigation of a possible violation of this section, or of any 
    license, order, or regulation issued pursuant to this section.
        ``(2) Coordination with the department of the treasury.--The 
    Attorney General shall work in coordination with the Secretary in 
    investigations relating to--
            ``(A) the compliance or noncompliance by a financial 
        institution with the requirements of subsection (a)(2); and
            ``(B) civil penalty proceedings authorized under subsection 
        (b).
        ``(3) Referral.--Any evidence of a criminal violation of this 
    section arising in the course of an investigation by the Secretary 
    or any other Federal agency shall be referred immediately to the 
    Attorney General for further investigation. The Attorney General 
    shall timely notify the Secretary of any action taken on referrals 
    from the Secretary, and may refer investigations to the Secretary 
    for remedial licensing or civil penalty action.
    ``(f) Classified Information in Civil Proceedings Brought by the 
United States.--
        ``(1) Discovery of classified information by defendants.--
            ``(A) Request by united states.--In any civil proceeding 
        under this section, upon request made ex parte and in writing 
        by the United States, a court, upon a sufficient showing, may 
        authorize the United States to--
                ``(i) redact specified items of classified information 
            from documents to be introduced into evidence or made 
            available to the defendant through discovery under the 
            Federal Rules of Civil Procedure;
                ``(ii) substitute a summary of the information for such 
            classified documents; or
                ``(iii) substitute a statement admitting relevant facts 
            that the classified information would tend to prove.
            ``(B) Order granting request.--If the court enters an order 
        granting a request under this paragraph, the entire text of the 
        documents to which the request relates shall be sealed and 
        preserved in the records of the court to be made available to 
        the appellate court in the event of an appeal.
            ``(C) Denial of request.--If the court enters an order 
        denying a request of the United States under this paragraph, 
        the United States may take an immediate, interlocutory appeal 
        in accordance with paragraph (5). For purposes of such an 
        appeal, the entire text of the documents to which the request 
        relates, together with any transcripts of arguments made ex 
        parte to the court in connection therewith, shall be maintained 
        under seal and delivered to the appellate court.
        ``(2) Introduction of classified information; precautions by 
    court.--
            ``(A) Exhibits.--To prevent unnecessary or inadvertent 
        disclosure of classified information in a civil proceeding 
        brought by the United States under this section, the United 
        States may petition the court ex parte to admit, in lieu of 
        classified writings, recordings, or photographs, one or more of 
        the following:
                ``(i) Copies of items from which classified information 
            has been redacted.
                ``(ii) Stipulations admitting relevant facts that 
            specific classified information would tend to prove.
                ``(iii) A declassified summary of the specific 
            classified information.
            ``(B) Determination by court.--The court shall grant a 
        request under this paragraph if the court finds that the 
        redacted item, stipulation, or summary is sufficient to allow 
        the defendant to prepare a defense.
        ``(3) Taking of trial testimony.--
            ``(A) Objection.--During the examination of a witness in 
        any civil proceeding brought by the United States under this 
        subsection, the United States may object to any question or 
        line of inquiry that may require the witness to disclose 
        classified information not previously found to be admissible.
            ``(B) Action by court.--In determining whether a response 
        is admissible, the court shall take precautions to guard 
        against the compromise of any classified information, 
        including--
                ``(i) permitting the United States to provide the 
            court, ex parte, with a proffer of the witness's response 
            to the question or line of inquiry; and
                ``(ii) requiring the defendant to provide the court 
            with a proffer of the nature of the information that the 
            defendant seeks to elicit.
            ``(C) Obligation of defendant.--In any civil proceeding 
        under this section, it shall be the defendant's obligation to 
        establish the relevance and materiality of any classified 
        information sought to be introduced.
        ``(4) Appeal.--If the court enters an order denying a request 
    of the United States under this subsection, the United States may 
    take an immediate interlocutory appeal in accordance with paragraph 
    (5).
        ``(5) Interlocutory appeal.--
            ``(A) Subject of appeal.--An interlocutory appeal by the 
        United States shall lie to a court of appeals from a decision 
        or order of a district court--
                ``(i) authorizing the disclosure of classified 
            information;
                ``(ii) imposing sanctions for nondisclosure of 
            classified information; or
                ``(iii) refusing a protective order sought by the 
            United States to prevent the disclosure of classified 
            information.
            ``(B) Expedited consideration.--
                ``(i) In general.--An appeal taken pursuant to this 
            paragraph, either before or during trial, shall be 
            expedited by the court of appeals.
                ``(ii) Appeals prior to trial.--If an appeal is of an 
            order made prior to trial, an appeal shall be taken not 
            later than 10 days after the decision or order appealed 
            from, and the trial shall not commence until the appeal is 
            resolved.
                ``(iii) Appeals during trial.--If an appeal is taken 
            during trial, the trial court shall adjourn the trial until 
            the appeal is resolved, and the court of appeals--

                    ``(I) shall hear argument on such appeal not later 
                than 4 days after the adjournment of the trial;
                    ``(II) may dispense with written briefs other than 
                the supporting materials previously submitted to the 
                trial court;
                    ``(III) shall render its decision not later than 4 
                days after argument on appeal; and
                    ``(IV) may dispense with the issuance of a written 
                opinion in rendering its decision.

            ``(C) Effect of ruling.--An interlocutory appeal and 
        decision shall not affect the right of the defendant, in a 
        subsequent appeal from a final judgment, to claim as error 
        reversal by the trial court on remand of a ruling appealed from 
        during trial.
        ``(6) Construction.--Nothing in this subsection shall prevent 
    the United States from seeking protective orders or asserting 
    privileges ordinarily available to the United States to protect 
    against the disclosure of classified information, including the 
    invocation of the military and State secrets privilege.
    ``(g) Definitions.--As used in this section--
        ``(1) the term `classified information' has the meaning given 
    that term in section 1(a) of the Classified Information Procedures 
    Act (18 U.S.C. App.);
        ``(2) the term `financial institution' has the same meaning as 
    in section 5312(a)(2) of title 31, United States Code;
        ``(3) the term `funds' includes coin or currency of the United 
    States or any other country, traveler's checks, personal checks, 
    bank checks, money orders, stocks, bonds, debentures, drafts, 
    letters of credit, any other negotiable instrument, and any 
    electronic representation of any of the foregoing;
        ``(4) the term `material support or resources' has the same 
    meaning as in section 2339A;
        ``(5) the term `Secretary' means the Secretary of the Treasury; 
    and
        ``(6) the term `terrorist organization' means an organization 
    designated as a terrorist organization under section 219 of the 
    Immigration and Nationality Act.''.
    (b) Clerical Amendment to Table of Sections.--The table of sections 
at the beginning of chapter 113B of title 18, United States Code, is 
amended by adding at the end the following new item:
``2339B. Providing material support or resources to designated foreign 
          terrorist organizations.''.

    (c) Technical Amendment.--
        (1) New item.--Chapter 113B of title 18, United States Code, 
    relating to torture, is redesignated as chapter 113C.
        (2) Table of chapters.--The table of chapters for part I of 
    title 18, United States Code, is amended by striking ``113B. 
    Torture'' and inserting ``113C. Torture''.

       Subtitle B--Prohibition on Assistance to Terrorist States

SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after the section 2332c 
added by section 521 of this Act the following new section:

``Sec. 2332d. Financial transactions

    ``(a) Offense.--Except as provided in regulations issued by the 
Secretary of the Treasury, in consultation with the Secretary of State, 
whoever, being a United States person, knowing or having reasonable 
cause to know that a country is designated under section 6(j) of the 
Export Administration Act (50 U.S.C. App. 2405) as a country supporting 
international terrorism, engages in a financial transaction with the 
government of that country, shall be fined under this title, imprisoned 
for not more than 10 years, or both.
    ``(b) Definitions.--As used in this section--
        ``(1) the term `financial transaction' has the same meaning as 
    in section 1956(c)(4); and
        ``(2) the term `United States person' means any--
            ``(A) United States citizen or national;
            ``(B) permanent resident alien;
            ``(C) juridical person organized under the laws of the 
        United States; or
            ``(D) any person in the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item added by section 521 of this Act 
the following new item:
``2332d. Financial transactions.''.

    (c) Effective Date.--The amendments made by this section shall 
become effective 120 days after the date of enactment of this Act.

SEC. 322. FOREIGN AIR TRAVEL SAFETY.

    Section 44906 of title 49, United States Code, is amended to read 
as follows:

``Sec. 44906. Foreign air carrier security programs

    ``The Administrator of the Federal Aviation Administration shall 
continue in effect the requirement of section 129.25 of title 14, Code 
of Federal Regulations, that a foreign air carrier must adopt and use a 
security program approved by the Administrator. The Administrator shall 
not approve a security program of a foreign air carrier under section 
129.25, or any successor regulation, unless the security program 
requires the foreign air carrier in its operations to and from airports 
in the United States to adhere to the identical security measures that 
the Administrator requires air carriers serving the same airports to 
adhere to. The foregoing requirement shall not be interpreted to limit 
the ability of the Administrator to impose additional security measures 
on a foreign air carrier or an air carrier when the Administrator 
determines that a specific threat warrants such additional measures. 
The Administrator shall prescribe regulations to carry out this 
section.''.

SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended to read 
as follows:

``Sec. 2339A. Providing material support to terrorists

    ``(a) Offense.--Whoever, within the United States, provides 
material support or resources or conceals or disguises the nature, 
location, source, or ownership of material support or resources, 
knowing or intending that they are to be used in preparation for, or in 
carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m) 
or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 
1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this 
title or section 46502 of title 49, or in preparation for, or in 
carrying out, the concealment from the commission of any such 
violation, shall be fined under this title, imprisoned not more than 10 
years, or both.
    ``(b) Definition.--In this section, the term `material support or 
resources' means currency or other financial securities, financial 
services, lodging, training, safehouses, false documentation or 
identification, communications equipment, facilities, weapons, lethal 
substances, explosives, personnel, transportation, and other physical 
assets, except medicine or religious materials.''.

SEC. 324. FINDINGS.

    The Congress finds that--
        (1) international terrorism is among the most serious 
    transnational threats faced by the United States and its allies, 
    far eclipsing the dangers posed by population growth or pollution;
        (2) the President should continue to make efforts to counter 
    international terrorism a national security priority;
        (3) because the United Nations has been an inadequate forum for 
    the discussion of cooperative, multilateral responses to the threat 
    of international terrorism, the President should undertake 
    immediate efforts to develop effective multilateral responses to 
    international terrorism as a complement to national counter 
    terrorist efforts;
        (4) the President should use all necessary means, including 
    covert action and military force, to disrupt, dismantle, and 
    destroy international infrastructure used by international 
    terrorists, including overseas terrorist training facilities and 
    safe havens;
        (5) the Congress deplores decisions to ease, evade, or end 
    international sanctions on state sponsors of terrorism, including 
    the recent decision by the United Nations Sanctions Committee to 
    allow airline flights to and from Libya despite Libya's 
    noncompliance with United Nations resolutions; and
        (6) the President should continue to undertake efforts to 
    increase the international isolation of state sponsors of 
    international terrorism, including efforts to strengthen 
    international sanctions, and should oppose any future initiatives 
    to ease sanctions on Libya or other state sponsors of terrorism.

SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
              STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620F the following new 
section:

``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST 
              STATES.

    ``(a) Withholding of Assistance.--The President shall withhold 
assistance under this Act to the government of any country that 
provides assistance to the government of any other country for which 
the Secretary of State has made a determination under section 620A.
    ``(b) Waiver.--Assistance prohibited by this section may be 
furnished to a foreign government described in subsection (a) if the 
President determines that furnishing such assistance is important to 
the national interests of the United States and, not later than 15 days 
before obligating such assistance, furnishes a report to the 
appropriate committees of Congress including--
        ``(1) a statement of the determination;
        ``(2) a detailed explanation of the assistance to be provided;
        ``(3) the estimated dollar amount of the assistance; and
        ``(4) an explanation of how the assistance furthers United 
    States national interests.''.

SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY 
              EQUIPMENT TO TERRORIST STATES.

    The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is 
amended by adding immediately after section 620G the following new 
section:

``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE 
              MILITARY EQUIPMENT TO TERRORIST STATES.

    ``(a) Prohibition.--
        ``(1) In general.--The President shall withhold assistance 
    under this Act to the government of any country that provides 
    lethal military equipment to a country the government of which the 
    Secretary of State has determined is a terrorist government for the 
    purposes of section 6(j) of the Export Administration Act of 1979 
    (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 
    1961 (22 U.S.C. 2371).
        ``(2) Applicability.--The prohibition under this section with 
    respect to a foreign government shall terminate 1 year after that 
    government ceases to provide lethal military equipment. This 
    section applies with respect to lethal military equipment provided 
    under a contract entered into after the date of enactment of this 
    Act.
    ``(b) Waiver.--Notwithstanding any other provision of law, 
assistance may be furnished to a foreign government described in 
subsection (a) if the President determines that furnishing such 
assistance is important to the national interests of the United States 
and, not later than 15 days before obligating such assistance, 
furnishes a report to the appropriate committees of Congress 
including--
        ``(1) a statement of the determination;
        ``(2) a detailed explanation of the assistance to be provided;
        ``(3) the estimated dollar amount of the assistance; and
        ``(4) an explanation of how the assistance furthers United 
    States national interests.''.

SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
              INSTITUTIONS TO TERRORIST STATES.

    The International Financial Institutions Act (22 U.S.C. 262c et 
seq.) is amended by inserting after section 1620 the following new 
section:

``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
              INSTITUTIONS TO TERRORIST STATES.

    ``(a) In General.--The Secretary of the Treasury shall instruct the 
United States executive director of each international financial 
institution to use the voice and vote of the United States to oppose 
any loan or other use of the funds of the respective institution to or 
for a country for which the Secretary of State has made a determination 
under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 
U.S.C. 2371).
    ``(b) Definition.--For purposes of this section, the term 
`international financial institution' includes--
        ``(1) the International Bank for Reconstruction and 
    Development, the International Development Association, and the 
    International Monetary Fund;
        ``(2) wherever applicable, the Inter-American Bank, the Asian 
    Development Bank, the European Bank for Reconstruction and 
    Development, the African Development Bank, and the African 
    Development Fund; and
        ``(3) any similar institution established after the date of 
    enactment of this section.''.

SEC. 328. ANTITERRORISM ASSISTANCE.

    (a) Foreign Assistance Act.--Section 573 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2349aa-2) is amended--
        (1) in subsection (c), by striking ``development and 
    implementation of the antiterrorism assistance program under this 
    chapter, including'';
        (2) by amending subsection (d) to read as follows:
    ``(d)(1) Arms and ammunition may be provided under this chapter 
only if they are directly related to antiterrorism assistance.
    ``(2) The value (in terms of original acquisition cost) of all 
equipment and commodities provided under this chapter in any fiscal 
year shall not exceed 30 percent of the funds made available to carry 
out this chapter for that fiscal year.''; and
        (3) by striking subsection (f).
    (b) Assistance to Foreign Countries To Procure Explosives Detection 
Devices and Other Counterterrorism Technology.--(1) Subject to section 
575(b), up to $3,000,000 in any fiscal year may be made available--
        (A) to procure explosives detection devices and other 
    counterterrorism technology; and
        (B) for joint counterterrorism research and development 
    projects on such technology conducted with NATO and major non-NATO 
    allies under the auspices of the Technical Support Working Group of 
    the Department of State.
    (2) As used in this subsection, the term ``major non-NATO allies'' 
means those countries designated as major non-NATO allies for purposes 
of section 2350a(i)(3) of title 10, United States Code.
    (c) Assistance to Foreign Countries.--Notwithstanding any other 
provision of law (except section 620A of the Foreign Assistance Act of 
1961) up to $1,000,000 in assistance may be provided to a foreign 
country for counterterrorism efforts in any fiscal year if--
        (1) such assistance is provided for the purpose of protecting 
    the property of the United States Government or the life and 
    property of any United States citizen, or furthering the 
    apprehension of any individual involved in any act of terrorism 
    against such property or persons; and
        (2) the appropriate committees of Congress are notified not 
    later than 15 days prior to the provision of such assistance.

SEC. 329. DEFINITION OF ASSISTANCE.

    For purposes of this title--
        (1) the term ``assistance'' means assistance to or for the 
    benefit of a government of any country that is provided by grant, 
    concessional sale, guaranty, insurance, or by any other means on 
    terms more favorable than generally available in the applicable 
    market, whether in the form of a loan, lease, credit, debt relief, 
    or otherwise, including subsidies for exports to such country and 
    favorable tariff treatment of articles that are the growth, 
    product, or manufacture of such country; and
        (2) the term ``assistance'' does not include assistance of the 
    type authorized under chapter 9 of part 1 of the Foreign Assistance 
    Act of 1961 (relating to international disaster assistance).

SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR 
              COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES 
              ANTITERRORISM EFFORTS.

    Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) 
is amended by adding at the end the following:
    ``Sec. 40A. Transactions With Countries Not Fully Cooperating With 
United States Antiterrorism Efforts.--
    ``(a) Prohibited Transactions.--No defense article or defense 
service may be sold or licensed for export under this Act in a fiscal 
year to a foreign country that the President determines and certifies 
to Congress, by May 15 of the calendar year in which that fiscal year 
begins, is not cooperating fully with United States antiterrorism 
efforts.
    ``(b) Waiver.--The President may waive the prohibition set forth in 
subsection (a) with respect to a specific transaction if the President 
determines that the transaction is important to the national interests 
of the United States.''.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
                Subtitle A--Removal of Alien Terrorists

SEC. 401. ALIEN TERRORIST REMOVAL.

    (a) In General.--The Immigration and Nationality Act is amended by 
adding at the end the following new title:

             ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``SEC. 501. DEFINITIONS.

    ``As used in this title--
        ``(1) the term `alien terrorist' means any alien described in 
    section 241(a)(4)(B);
        ``(2) the term `classified information' has the same meaning as 
    in section 1(a) of the Classified Information Procedures Act (18 
    U.S.C. App.);
        ``(3) the term `national security' has the same meaning as in 
    section 1(b) of the Classified Information Procedures Act (18 
    U.S.C. App.);
        ``(4) the term `removal court' means the court described in 
    section 502;
        ``(5) the term `removal hearing' means the hearing described in 
    section 504; and
        ``(6) the term `removal proceeding' means a proceeding under 
    this title.

``SEC. 502. ESTABLISHMENT OF REMOVAL COURT.

    ``(a) Designation of Judges.--The Chief Justice of the United 
States shall publicly designate 5 district court judges from 5 of the 
United States judicial circuits who shall constitute a court that shall 
have jurisdiction to conduct all removal proceedings. The Chief Justice 
may, in the Chief Justice's discretion, designate the same judges under 
this section as are designated pursuant to section 103(a) of the 
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
    ``(b) Terms.--Each judge designated under subsection (a) shall 
serve for a term of 5 years and shall be eligible for redesignation, 
except that of the members first designated--
        ``(1) 1 member shall serve for a term of 1 year;
        ``(2) 1 member shall serve for a term of 2 years;
        ``(3) 1 member shall serve for a term of 3 years; and
        ``(4) 1 member shall serve for a term of 4 years.
    ``(c) Chief Judge.--
        ``(1) Designation.--The Chief Justice shall publicly designate 
    one of the judges of the removal court to be the chief judge of the 
    removal court.
        ``(2) Responsibilities.--The chief judge shall--
            ``(A) promulgate rules to facilitate the functioning of the 
        removal court; and
            ``(B) assign the consideration of cases to the various 
        judges on the removal court.
    ``(d) Expeditious and Confidential Nature of Proceedings.--The 
provisions of section 103(c) of the Foreign Intelligence Surveillance 
Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in 
the same manner as they apply to proceedings under that Act.

``SEC. 503. REMOVAL COURT PROCEDURE.

    ``(a) Application.--
        ``(1) In general.--In any case in which the Attorney General 
    has classified information that an alien is an alien terrorist, the 
    Attorney General may seek removal of the alien under this title by 
    filing an application with the removal court that contains--
            ``(A) the identity of the attorney in the Department of 
        Justice making the application;
            ``(B) a certification by the Attorney General or the Deputy 
        Attorney General that the application satisfies the criteria 
        and requirements of this section;
            ``(C) the identity of the alien for whom authorization for 
        the removal proceeding is sought; and
            ``(D) a statement of the facts and circumstances relied on 
        by the Department of Justice to establish probable cause that--
                ``(i) the alien is an alien terrorist;
                ``(ii) the alien is physically present in the United 
            States; and
                ``(iii) with respect to such alien, removal under title 
            II would pose a risk to the national security of the United 
            States.
        ``(2) Filing.--An application under this section shall be 
    submitted ex parte and in camera, and shall be filed under seal 
    with the removal court.
    ``(b) Right To Dismiss.--The Attorney General may dismiss a removal 
action under this title at any stage of the proceeding.
    ``(c) Consideration of Application.--
        ``(1) Basis for decision.--In determining whether to grant an 
    application under this section, a single judge of the removal court 
    may consider, ex parte and in camera, in addition to the 
    information contained in the application--
            ``(A) other information, including classified information, 
        presented under oath or affirmation; and
            ``(B) testimony received in any hearing on the application, 
        of which a verbatim record shall be kept.
        ``(2) Approval of order.--The judge shall issue an order 
    granting the application, if the judge finds that there is probable 
    cause to believe that--
            ``(A) the alien who is the subject of the application has 
        been correctly identified and is an alien terrorist present in 
        the United States; and
            ``(B) removal under title II would pose a risk to the 
        national security of the United States.
        ``(3) Denial of order.--If the judge denies the order requested 
    in the application, the judge shall prepare a written statement of 
    the reasons for the denial, taking all necessary precautions not to 
    disclose any classified information contained in the Government's 
    application.
    ``(d) Exclusive Provisions.--If an order is issued under this 
section granting an application, the rights of the alien regarding 
removal and expulsion shall be governed solely by this title, and 
except as they are specifically referenced in this title, no other 
provisions of this Act shall be applicable.

``SEC. 504. REMOVAL HEARING.

    ``(a) In General.--
        ``(1) Expeditious hearing.--In any case in which an application 
    for an order is approved under section 503(c)(2), a removal hearing 
    shall be conducted under this section as expeditiously as 
    practicable for the purpose of determining whether the alien to 
    whom the order pertains should be removed from the United States on 
    the grounds that the alien is an alien terrorist.
        ``(2) Public hearing.--The removal hearing shall be open to the 
    public.
    ``(b) Notice.--An alien who is the subject of a removal hearing 
under this title shall be given reasonable notice of--
        ``(1) the nature of the charges against the alien, including a 
    general account of the basis for the charges; and
        ``(2) the time and place at which the hearing will be held.
    ``(c) Rights in Hearing.--
        ``(1) Right of counsel.--The alien shall have a right to be 
    present at such hearing and to be represented by counsel. Any alien 
    financially unable to obtain counsel shall be entitled to have 
    counsel assigned to represent the alien. Such counsel shall be 
    appointed by the judge pursuant to the plan for furnishing 
    representation for any person financially unable to obtain adequate 
    representation for the district in which the hearing is conducted, 
    as provided for in section 3006A of title 18, United States Code. 
    All provisions of that section shall apply and, for purposes of 
    determining the maximum amount of compensation, the matter shall be 
    treated as if a felony was charged.
        ``(2) Introduction of evidence.--Subject to the limitations in 
    subsection (e), the alien shall have a reasonable opportunity to 
    introduce evidence on the alien's own behalf.
        ``(3) Examination of witnesses.--Subject to the limitations in 
    subsection (e), the alien shall have a reasonable opportunity to 
    examine the evidence against the alien and to cross-examine any 
    witness.
        ``(4) Record.--A verbatim record of the proceedings and of all 
    testimony and evidence offered or produced at such a hearing shall 
    be kept.
        ``(5) Removal decision based on evidence at hearing.--The 
    decision of the judge regarding removal shall be based only on that 
    evidence introduced at the removal hearing.
    ``(d) Subpoenas.--
        ``(1) Request.--At any time prior to the conclusion of the 
    removal hearing, either the alien or the Department of Justice may 
    request the judge to issue a subpoena for the presence of a named 
    witness (which subpoena may also command the person to whom it is 
    directed to produce books, papers, documents, or other objects 
    designated therein) upon a satisfactory showing that the presence 
    of the witness is necessary for the determination of any material 
    matter. Such a request may be made ex parte except that the judge 
    shall inform the Department of Justice of any request for a 
    subpoena by the alien for a witness or material if compliance with 
    such a subpoena would reveal classified evidence or the source of 
    that evidence. The Department of Justice shall be given a 
    reasonable opportunity to oppose the issuance of such a subpoena.
        ``(2) Payment for attendance.--If an application for a subpoena 
    by the alien also makes a showing that the alien is financially 
    unable to pay for the attendance of a witness so requested, the 
    court may order the costs incurred by the process and the fees of 
    the witness so subpoenaed to be paid from funds appropriated for 
    the enforcement of title II.
        ``(3) Nationwide service.--A subpoena under this subsection may 
    be served anywhere in the United States.
        ``(4) Witness fees.--A witness subpoenaed under this subsection 
    shall receive the same fees and expenses as a witness subpoenaed in 
    connection with a civil proceeding in a court of the United States.
        ``(5) No access to classified information.--Nothing in this 
    subsection is intended to allow an alien to have access to 
    classified information.
    ``(e) Discovery.--
        ``(1) In general.--For purposes of this title--
            ``(A) discovery of information derived pursuant to the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
        et seq.), or otherwise collected for national security 
        purposes, shall not be authorized if disclosure would present a 
        risk to the national security of the United States;
            ``(B) an alien subject to removal under this title shall 
        not be entitled to suppress evidence that the alien alleges was 
        unlawfully obtained; and
            ``(C) section 3504 of title 18, United States Code, and 
        section 1806(c) of title 50, United States Code, shall not 
        apply if the Attorney General determines that public disclosure 
        would pose a risk to the national security of the United States 
        because it would disclose classified information or otherwise 
        threaten the integrity of a pending investigation.
        ``(2) Protective orders.--Nothing in this title shall prevent 
    the United States from seeking protective orders and from asserting 
    privileges ordinarily available to the United States to protect 
    against the disclosure of classified information, including the 
    invocation of the military and State secrets privileges.
        ``(3) Treatment of classified information.--
            ``(A) Use.--The judge shall examine, ex parte and in 
        camera, any evidence for which the Attorney General determines 
        that public disclosure would pose a risk to the national 
        security of the United States or to the security of any 
        individual because it would disclose classified information.
            ``(B) Submission.--With respect to such information, the 
        Government shall submit to the removal court an unclassified 
        summary of the specific evidence that does not pose that risk.
            ``(C) Approval.--Not later than 15 days after submission, 
        the judge shall approve the summary if the judge finds that it 
        is sufficient to enable the alien to prepare a defense. The 
        Government shall deliver to the alien a copy of the 
        unclassified summary approved under this subparagraph.
            ``(D) Disapproval.--
                ``(i) In general.--If an unclassified summary is not 
            approved by the removal court under subparagraph (C), the 
            Government shall be afforded 15 days to correct the 
            deficiencies identified by the court and submit a revised 
            unclassified summary.
                ``(ii) Revised summary.--If the revised unclassified 
            summary is not approved by the court within 15 days of its 
            submission pursuant to subparagraph (C), the removal 
            hearing shall be terminated.
    ``(f) Arguments.--Following the receipt of evidence, the Government 
and the alien shall be given fair opportunity to present argument as to 
whether the evidence is sufficient to justify the removal of the alien. 
The Government shall open the argument. The alien shall be permitted to 
reply. The Government shall then be permitted to reply in rebuttal.
    ``(g) Burden of Proof.--In the hearing, it is the Government's 
burden to prove, by the preponderance of the evidence, that the alien 
is subject to removal because the alien is an alien terrorist.
    ``(h) Rules of Evidence.--The Federal Rules of Evidence shall not 
apply in a removal hearing.
    ``(i) Determination of Deportation.--If the judge, after 
considering the evidence on the record as a whole, finds that the 
Government has met its burden, the judge shall order the alien removed 
and detained pending removal from the United States. If the alien was 
released pending the removal hearing, the judge shall order the 
Attorney General to take the alien into custody.
    ``(j) Written Order.--At the time of issuing a decision as to 
whether the alien shall be removed, the judge shall prepare a written 
order containing a statement of facts found and conclusions of law.
    ``(k) No Right to Ancillary Relief.--At no time shall the judge 
consider or provide for relief from removal based on--
        ``(1) asylum under section 208;
        ``(2) withholding of deportation under section 243(h);
        ``(3) suspension of deportation under subsection (a) or (e) of 
    section 244;
        ``(4) adjustment of status under section 245; or
        ``(5) registry under section 249.

``SEC. 505. APPEALS.

    ``(a) Appeal of Denial of Application for Removal Proceedings.--
        ``(1) In general.--The Attorney General may seek a review of 
    the denial of an order sought in an application filed pursuant to 
    section 503. The appeal shall be filed in the United States Court 
    of Appeals for the District of Columbia Circuit by notice of appeal 
    filed not later than 20 days after the date of such denial.
        ``(2) Record on appeal.--The entire record of the proceeding 
    shall be transmitted to the Court of Appeals under seal, and the 
    Court of Appeals shall hear the matter ex parte.
        ``(3) Standard of review.--The Court of Appeals shall--
            ``(A) review questions of law de novo; and
            ``(B) set aside a finding of fact only if such finding was 
        clearly erroneous.
    ``(b) Appeal of Determination Regarding Summary of Classified 
Information.--
        ``(1) In general.--The United States may take an interlocutory 
    appeal to the United States Court of Appeals for the District of 
    Columbia Circuit of--
            ``(A) any determination by the judge pursuant to section 
        504(e)(3); or
            ``(B) the refusal of the court to make the findings 
        permitted by section 504(e)(3).
        ``(2) Record.--In any interlocutory appeal taken pursuant to 
    this subsection, the entire record, including any proposed order of 
    the judge, any classified information and the summary of evidence, 
    shall be transmitted to the Court of Appeals. The classified 
    information shall be transmitted under seal. A verbatim record of 
    such appeal shall be kept under seal in the event of any other 
    judicial review.
    ``(c) Appeal of Decision in Hearing.--
        ``(1) In general.--The decision of the judge after a removal 
    hearing may be appealed by either the alien or the Attorney General 
    to the United States Court of Appeals for the District of Columbia 
    Circuit by notice of appeal filed not later than 20 days after the 
    date on which the order is issued. The order shall not be enforced 
    during the pendency of an appeal under this subsection.
        ``(2) Transmittal of record.--In an appeal or review to the 
    Court of Appeals pursuant to this subsection--
            ``(A) the entire record shall be transmitted to the Court 
        of Appeals; and
            ``(B) information received in camera and ex parte, and any 
        portion of the order that would reveal the substance or source 
        of such information, shall be transmitted under seal.
        ``(3) Expedited appellate proceeding.--In an appeal or review 
    to the Court of Appeals under this subsection--
            ``(A) the appeal or review shall be heard as expeditiously 
        as practicable and the court may dispense with full briefing 
        and hear the matter solely on the record of the judge of the 
        removal court and on such briefs or motions as the court may 
        require to be filed by the parties;
            ``(B) the Court of Appeals shall issue an opinion not later 
        than 60 days after the date of the issuance of the final order 
        of the district court;
            ``(C) the court shall review all questions of law de novo; 
        and
            ``(D) a finding of fact shall be accorded deference by the 
        reviewing court and shall not be set aside unless such finding 
        was clearly erroneous.
    ``(d) Certiorari.--Following a decision by the Court of Appeals 
pursuant to subsection (c), the alien or the Attorney General may 
petition the Supreme Court for a writ of certiorari. In any such case, 
any information transmitted to the Court of Appeals under seal shall, 
if such information is also submitted to the Supreme Court, be 
transmitted under seal. Any order of removal shall not be stayed 
pending disposition of a writ of certiorari, except as provided by the 
Court of Appeals or a Justice of the Supreme Court.
    ``(e) Appeal of Detention Order.--
        ``(1) In general.--Sections 3145 through 3148 of title 18, 
    United States Code, pertaining to review and appeal of a release or 
    detention order, penalties for failure to appear, penalties for an 
    offense committed while on release, and sanctions for violation of 
    a release condition shall apply to an alien to whom section 
    507(b)(1) applies. In applying the previous sentence--
            ``(A) for purposes of section 3145 of such title an appeal 
        shall be taken to the United States Court of Appeals for the 
        District of Columbia Circuit; and
            ``(B) for purposes of section 3146 of such title the alien 
        shall be considered released in connection with a charge of an 
        offense punishable by life imprisonment.
        ``(2) No review of continued detention.--The determinations and 
    actions of the Attorney General pursuant to section 507(b)(2)(C) 
    shall not be subject to judicial review, including application for 
    a writ of habeas corpus, except for a claim by the alien that 
    continued detention violates the alien's rights under the 
    Constitution. Jurisdiction over any such challenge shall lie 
    exclusively in the United States Court of Appeals for the District 
    of Columbia Circuit.

``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.

    ``(a) Upon Filing Application.--
        ``(1) In general.--Subject to paragraphs (2) and (3), the 
    Attorney General may--
            ``(A) take into custody any alien with respect to whom an 
        application under section 503 has been filed; and
            ``(B) retain such an alien in custody in accordance with 
        the procedures authorized by this title.
        ``(2) Special rules for permanent resident aliens.--
            ``(A) Release hearing.--An alien lawfully admitted for 
        permanent residence shall be entitled to a release hearing 
        before the judge assigned to hear the removal hearing. Such an 
        alien shall be detained pending the removal hearing, unless the 
        alien demonstrates to the court that the alien--
                ``(i) is a person lawfully admitted for permanent 
            residence in the United States;
                ``(ii) if released upon such terms and conditions as 
            the court may prescribe (including the posting of any 
            monetary amount), is not likely to flee; and
                ``(iii) will not endanger national security, or the 
            safety of any person or the community, if released.
            ``(B) Information considered.--The judge may consider 
        classified information submitted in camera and ex parte in 
        making a determination whether to release an alien pending the 
        removal hearing.
        ``(3) Release if order denied and no review sought.--
            ``(A) In general.--Subject to subparagraph (B), if a judge 
        of the removal court denies the order sought in an application 
        filed pursuant to section 503, and the Attorney General does 
        not seek review of such denial, the alien shall be released 
        from custody.
            ``(B) Application of regular procedures.--Subparagraph (A) 
        shall not prevent the arrest and detention of the alien 
        pursuant to title II.
    ``(b) Conditional Release if Order Denied and Review Sought.--
        ``(1) In general.--If a judge of the removal court denies the 
    order sought in an application filed pursuant to section 503 and 
    the Attorney General seeks review of such denial, the judge shall 
    release the alien from custody subject to the least restrictive 
    condition, or combination of conditions, of release described in 
    section 3142(b) and clauses (i) through (xiv) of section 
    3142(c)(1)(B) of title 18, United States Code, that--
            ``(A) will reasonably assure the appearance of the alien at 
        any future proceeding pursuant to this title; and
            ``(B) will not endanger the safety of any other person or 
        the community.
        ``(2) No release for certain aliens.--If the judge finds no 
    such condition or combination of conditions, as described in 
    paragraph (1), the alien shall remain in custody until the 
    completion of any appeal authorized by this title.

``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.

    ``(a) Release.--
        ``(1) In general.--Subject to paragraph (2), if the judge 
    decides that an alien should not be removed, the alien shall be 
    released from custody.
        ``(2) Custody pending appeal.--If the Attorney General takes an 
    appeal from such decision, the alien shall remain in custody, 
    subject to the provisions of section 3142 of title 18, United 
    States Code.
    ``(b) Custody and Removal.--
        ``(1) Custody.--If the judge decides that an alien shall be 
    removed, the alien shall be detained pending the outcome of any 
    appeal. After the conclusion of any judicial review thereof which 
    affirms the removal order, the Attorney General shall retain the 
    alien in custody and remove the alien to a country specified under 
    paragraph (2).
        ``(2) Removal.--
            ``(A) In general.--The removal of an alien shall be to any 
        country which the alien shall designate if such designation 
        does not, in the judgment of the Attorney General, in 
        consultation with the Secretary of State, impair the obligation 
        of the United States under any treaty (including a treaty 
        pertaining to extradition) or otherwise adversely affect the 
        foreign policy of the United States.
            ``(B) Alternate countries.--If the alien refuses to 
        designate a country to which the alien wishes to be removed or 
        if the Attorney General, in consultation with the Secretary of 
        State, determines that removal of the alien to the country so 
        designated would impair a treaty obligation or adversely affect 
        United States foreign policy, the Attorney General shall cause 
        the alien to be removed to any country willing to receive such 
        alien.
            ``(C) Continued detention.--If no country is willing to 
        receive such an alien, the Attorney General may, 
        notwithstanding any other provision of law, retain the alien in 
        custody. The Attorney General, in coordination with the 
        Secretary of State, shall make periodic efforts to reach 
        agreement with other countries to accept such an alien and at 
        least every 6 months shall provide to the attorney representing 
        the alien at the removal hearing a written report on the 
        Attorney General's efforts. Any alien in custody pursuant to 
        this subparagraph shall be released from custody solely at the 
        discretion of the Attorney General and subject to such 
        conditions as the Attorney General shall deem appropriate.
            ``(D) Fingerprinting.--Before an alien is removed from the 
        United States pursuant to this subsection, or pursuant to an 
        order of exclusion because such alien is excludable under 
        section 212(a)(3)(B), the alien shall be photographed and 
        fingerprinted, and shall be advised of the provisions of 
        section 276(b).
    ``(c) Continued Detention Pending Trial.--
        ``(1) Delay in removal.--The Attorney General may hold in 
    abeyance the removal of an alien who has been ordered removed, 
    pursuant to this title, to allow the trial of such alien on any 
    Federal or State criminal charge and the service of any sentence of 
    confinement resulting from such a trial.
        ``(2) Maintenance of custody.--Pending the commencement of any 
    service of a sentence of confinement by an alien described in 
    paragraph (1), such an alien shall remain in the custody of the 
    Attorney General, unless the Attorney General determines that 
    temporary release of the alien to the custody of State authorities 
    for confinement in a State facility is appropriate and would not 
    endanger national security or public safety.
        ``(3) Subsequent removal.--Following the completion of a 
    sentence of confinement by an alien described in paragraph (1), or 
    following the completion of State criminal proceedings which do not 
    result in a sentence of confinement of an alien released to the 
    custody of State authorities pursuant to paragraph (2), such an 
    alien shall be returned to the custody of the Attorney General who 
    shall proceed to the removal of the alien under this title.
    ``(d) Application of Certain Provisions Relating to Escape of 
Prisoners.--For purposes of sections 751 and 752 of title 18, United 
States Code, an alien in the custody of the Attorney General pursuant 
to this title shall be subject to the penalties provided by those 
sections in relation to a person committed to the custody of the 
Attorney General by virtue of an arrest on a charge of a felony.
    ``(e) Rights of Aliens in Custody.--
        ``(1) Family and attorney visits.--An alien in the custody of 
    the Attorney General pursuant to this title shall be given 
    reasonable opportunity, as determined by the Attorney General, to 
    communicate with and receive visits from members of the alien's 
    family, and to contact, retain, and communicate with an attorney.
        ``(2) Diplomatic contact.--An alien in the custody of the 
    Attorney General pursuant to this title shall have the right to 
    contact an appropriate diplomatic or consular official of the 
    alien's country of citizenship or nationality or of any country 
    providing representation services therefore. The Attorney General 
    shall notify the appropriate embassy, mission, or consular office 
    of the alien's detention.''.
    (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Section 106(b) of the Immigration and Nationality Act (8 U.S.C. 
1105a(b)) is amended by adding at the end the following sentence: 
``Jurisdiction to review an order entered pursuant to the provisions of 
section 235(c) concerning an alien excludable under section 
212(a)(3)(B) shall rest exclusively in the United States Court of 
Appeals for the District of Columbia Circuit.''.
    (c) Criminal Penalty for Reentry of Alien Terrorists.--Section 
276(b) of such Act (8 U.S.C. 1326(b)) is amended--
        (1) by striking ``or'' at the end of paragraph (1),
        (2) by striking the period at the end of paragraph (2) and 
    inserting ``; or'', and
        (3) by inserting after paragraph (2) the following new 
    paragraph:
        ``(3) who has been excluded from the United States pursuant to 
    section 235(c) because the alien was excludable under section 
    212(a)(3)(B) or who has been removed from the United States 
    pursuant to the provisions of title V, and who thereafter, without 
    the permission of the Attorney General, enters the United States, 
    or attempts to do so, shall be fined under title 18, United States 
    Code, and imprisoned for a period of 10 years, which sentence shall 
    not run concurrently with any other sentence.''.
    (d) Table of Contents.--The Immigration and Nationality Act is 
amended by adding at the end of the table of contents the following:

              ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.

    (e) Elimination of Custody Review by Habeas Corpus.--Section 106(a) 
of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended--
        (1) in paragraph (8), by adding ``and'' at the end;
        (2) in paragraph (9), by striking ``; and'' at the end and 
    inserting a period; and
        (3) by striking paragraph (10).
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act and shall apply to all 
aliens without regard to the date of entry or attempted entry into the 
United States.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                             Organizations

SEC. 411. EXCLUSION OF ALIEN TERRORISTS.

    Section 212(a)(3)(B) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended--
        (1) in clause (i)--
            (A) in subclause (I), by striking ``or'' at the end;
            (B) in subclause (II), by inserting ``is engaged in or'' 
        after ``believe,''; and
            (C) by inserting after subclause (II) the following:

                    ``(III) is a representative (as defined in clause 
                (iv)) of a foreign terrorist organization, as 
                designated by the Secretary under section 219, or
                    ``(IV) is a member of a foreign terrorist 
                organization, as designated by the Secretary under 
                section 219,''; and

        (2) by adding at the end the following:
                ``(iv) Representative defined.--As used in this 
            paragraph, the term `representative' includes an officer, 
            official, or spokesman of an organization, and any person 
            who directs, counsels, commands, or induces an organization 
            or its members to engage in terrorist activity.''.

SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 
1182(b)) is amended--
        (1) by redesignating paragraphs (1) and (2) as subparagraphs 
    (A) and (B), respectively, and indenting each new subparagraph 2 
    ems to the right;
        (2) by striking ``If'' and inserting ``(1) Subject to 
    paragraphs (2) and (3), if''; and
        (3) by adding at the end the following new paragraphs:
      ``(2) The Secretary of State may waive the requirements of 
    paragraph (1) with respect to a particular alien or any class or 
    classes of excludable aliens.
        ``(3) Paragraph (1) does not apply to any alien excludable 
    under paragraph (2) or (3) of subsection (a).''.

SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

    (a) Withholding of Deportation.--Section 243(h)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (D), an alien who is described in section 241(a)(4)(B) 
shall be considered to be an alien for whom there are reasonable 
grounds for regarding as a danger to the security of the United 
States.''.
    (b) Suspension of Deportation.--Section 244(a) of such Act (8 
U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and 
inserting ``subparagraph (B) or (D) of section 241(a)(4)''.
    (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C. 
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or'' 
after ``who is deportable''.
    (d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C. 
1255(c)) is amended--
        (1) by striking ``or'' before ``(5)'', and
        (2) by inserting before the period at the end the following: 
    ``, or (6) an alien who is deportable under section 241(a)(4)(B)''.
    (e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is 
amended by inserting ``and is not deportable under section 
241(a)(4)(B)'' after ``ineligible to citizenship''.
    (f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) is 
amended by adding at the end the following:
    ``(3) Notwithstanding any other provision of law, paragraph (1) 
shall apply to any alien if the Attorney General determines, in the 
discretion of the Attorney General, that--
        ``(A) such alien's life or freedom would be threatened, in the 
    country to which such alien would be deported or returned, on 
    account of race, religion, nationality, membership in a particular 
    social group, or political opinion; and
        ``(B) the application of paragraph (1) to such alien is 
    necessary to ensure compliance with the 1967 United Nations 
    Protocol Relating to the Status of Refugees.''.
    (g) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.

SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1251) is amended by adding at the end the following new 
subsection:
    ``(d) Notwithstanding any other provision of this title, an alien 
found in the United States who has not been admitted to the United 
States after inspection in accordance with section 235 is deemed for 
purposes of this Act to be seeking entry and admission to the United 
States and shall be subject to examination and exclusion by the 
Attorney General under chapter 4. In the case of such an alien the 
Attorney General shall provide by regulation an opportunity for the 
alien to establish that the alien was so admitted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 180 
days after the date of the enactment of this Act.

             Subtitle C--Modification to Asylum Procedures

SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

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

SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Subsection (b) of section 235 of the Immigration 
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
    ``(b)(1)(A) If the examining immigration officer determines that an 
alien seeking entry--
        ``(i) is excludable under section 212(a)(6)(C) or 212(a)(7), 
    and
        ``(ii) does not indicate either an intention to apply for 
    asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(B) The examining immigration officer shall refer for an 
interview by an asylum officer under subparagraph (C) any alien who is 
excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an 
intention to apply for asylum under section 208 or a fear of 
persecution.
    ``(C)(i) An asylum officer shall promptly conduct interviews of 
aliens referred under subparagraph (B).
    ``(ii) If the officer determines at the time of the interview that 
an alien has a credible fear of persecution (as defined in clause (v)), 
the alien shall be detained for an asylum hearing before an asylum 
officer under section 208.
    ``(iii)(I) Subject to subclause (II), if the officer determines 
that the alien does not have a credible fear of persecution, the 
officer shall order the alien excluded from the United States without 
further hearing or review.
    ``(II) The Attorney General shall promulgate regulations to provide 
for the immediate review by a supervisory asylum office at the port of 
entry of a determination under subclause (I).
    ``(iv) The Attorney General shall provide information concerning 
the asylum interview described in this subparagraph to aliens who may 
be eligible. An alien who is eligible for such interview may consult 
with a person or persons of the alien's choosing prior to the interview 
or any review thereof, according to regulations prescribed by the 
Attorney General. Such consultation shall be at no expense to the 
Government and shall not delay the process.
    ``(v) For purposes of this subparagraph, the term `credible fear of 
persecution' means (I) that it is more probable than not that the 
statements made by the alien in support of the alien's claim are true, 
and (II) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer, that 
the alien could establish eligibility for asylum under section 208.
    ``(D) As used in this paragraph, the term `asylum officer' means an 
immigration officer who--
        ``(i) has had professional training in country conditions, 
    asylum law, and interview techniques; and
        ``(ii) is supervised by an officer who meets the condition in 
    clause (i).
    ``(E)(i) An exclusion order entered in accordance with subparagraph 
(A) is not subject to administrative appeal, except that the Attorney 
General shall provide by regulation for prompt review of such an order 
against an alien who claims under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, after 
having been warned of the penalties for falsely making such claim under 
such conditions, to have been lawfully admitted for permanent 
residence.
    ``(ii) In any action brought against an alien under section 275(a) 
or section 276, the court shall not have jurisdiction to hear any claim 
attacking the validity of an order of exclusion entered under 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
        ``(i) to an alien crewman,
        ``(ii) to an alien described in paragraph (1)(A) or 
    (1)(C)(iii)(I), or
        ``(iii) if the conditions described in section 273(d) exist.
    ``(3) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.''.
    (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 
1227(a)) is amended--
        (1) in the second sentence of paragraph (1), by striking 
    ``Deportation'' and inserting ``Subject to section 235(b)(1), 
    deportation'', and
        (2) in the first sentence of paragraph (2), by striking ``If'' 
    and inserting ``Subject to section 235(b)(1), if''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month that begins more than 180 
days after the date of the enactment of this Act.

SEC. 423. JUDICIAL REVIEW.

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

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

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

           Subtitle D--Criminal Alien Procedural Improvements

SEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION 
              FILES THROUGH COURT ORDER.

    (a) Confidentiality of Information.--Section 245A(c)(5) of the 
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
        (1) by inserting ``(i)'' after ``except the Attorney General''; 
    and
        (2) by inserting after ``Title 13'' the following: ``and (ii) 
    may authorize an application to a Federal court of competent 
    jurisdiction for, and a judge of such court may grant, an order 
    authorizing disclosure of information contained in the application 
    of the alien to be used--
            ``(I) for identification of the alien when there is reason 
        to believe that the alien has been killed or severely 
        incapacitated; or
            ``(II) for criminal law enforcement purposes against the 
        alien whose application is to be disclosed.''.
    (b) Applications for Adjustment of Status.--Section 210(b) of the 
Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended--
        (1) in paragraph (5), by inserting ``, except as allowed by a 
    court order issued pursuant to paragraph (6) of this subsection'' 
    after ``consent of the alien''; and
        (2) in paragraph (6), by inserting the following sentence 
    before ``Anyone who uses'': ``Notwithstanding the preceding 
    sentence, the Attorney General may authorize an application to a 
    Federal court of competent jurisdiction for, and a judge of such 
    court may grant an order authorizing, disclosure of information 
    contained in the application of the alien to be used for 
    identification of the alien when there is reason to believe that 
    the alien has been killed or severely incapacitated, or for 
    criminal law enforcement purposes against the alien whose 
    application is to be disclosed or to discover information leading 
    to the location or identity of the alien.''.

SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

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

SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
              PREDICATE OFFENSES.

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

SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

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

SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:

                    ``(II) is convicted of a crime for which a sentence 
                of one year or longer may be imposed,''.

    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 436. MISCELLANEOUS PROVISIONS.

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

SEC. 437. INTERIOR REPATRIATION PROGRAM.

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

SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

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

SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO 
              ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.

    (a) In General.--Notwithstanding any other provision of law, to the 
extent permitted by relevant State and local law, State and local law 
enforcement officials are authorized to arrest and detain an individual 
who--
        (1) is an alien illegally present in the United States; and
        (2) has previously been convicted of a felony in the United 
    States and deported or left the United States after such 
    conviction,
but only after the State or local law enforcement officials obtain 
appropriate confirmation from the Immigration and Naturalization 
Service of the status of such individual and only for such period of 
time as may be required for the Service to take the individual into 
Federal custody for purposes of deporting or removing the alien from 
the United States.
    (b) Cooperation.--The Attorney General shall cooperate with the 
States to assure that information in the control of the Attorney 
General, including information in the National Crime Information 
Center, that would assist State and local law enforcement officials in 
carrying out duties under subsection (a) is made available to such 
officials.

SEC. 440. CRIMINAL ALIEN REMOVAL.

    (a) Judicial Review.--Section 106 of the Immigration and 
Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows:
        ``(10) Any final order of deportation against an alien who is 
    deportable by reason of having committed a criminal offense covered 
    in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense 
    covered by section 241(a)(2)(A)(ii) for which both predicate 
    offenses are covered by section 241(a)(2)(A)(i), shall not be 
    subject to review by any court.''.
    (b) Final Order of Deportation Defined.--Section 101(a) of such Act 
(8 U.S.C. 1101(a)) is amended by adding at the end the following new 
paragraph:
    ``(47)(A) The term `order of deportation' means the order of the 
special inquiry officer, or other such administrative officer to whom 
the Attorney General has delegated the responsibility for determining 
whether an alien is deportable, concluding that the alien is deportable 
or ordering deportation.
    ``(B) The order described under subparagraph (A) shall become final 
upon the earlier of--
        ``(i) a determination by the Board of Immigration Appeals 
    affirming such order; or
        ``(ii) the expiration of the period in which the alien is 
    permitted to seek review of such order by the Board of Immigration 
    Appeals.''.
    (c) Arrest and Custody.--Section 242(a)(2) of such Act is amended--
        (1) in subparagraph (A)--
            (A) by striking ``(2)(A) The Attorney'' and inserting ``(2) 
        The Attorney'';
            (B) by striking ``an aggravated felony upon'' and all that 
        follows through ``of the same offense)'' and inserting ``any 
        criminal offense covered in section 241(a)(2) (A)(iii), (B), 
        (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) 
        for which both predicate offenses are covered by section 
        241(a)(2)(A)(i), upon release of the alien from incarceration, 
        shall deport the alien as expeditiously as possible''; and
            (C) by striking ``but subject to subparagraph (B)''; and
        (2) by striking subparagraph (B).
    (d) Classes of Excludable Aliens.--Section 212(c) of such Act (8 
U.S.C. 1182(c)) is amended--
        (1) by striking ``The first sentence of this'' and inserting 
    ``This''; and
        (2) by striking ``has been convicted of one or more aggravated 
    felonies'' and all that follows through the end and inserting ``is 
    deportable by reason of having committed any criminal offense 
    covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any 
    offense covered by section 241(a)(2)(A)(ii) for which both 
    predicate offenses are covered by section 241(a)(2)(A)(i).''.
    (e) Aggravated Felony Defined.--Section 101(a)(43) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by 
section 222 of the Immigration and Nationality Technical Corrections 
Act of 1994 (Public Law 103-416), is amended--
        (1) in subparagraph (J), by inserting ``, or an offense 
    described in section 1084 (if it is a second or subsequent offense) 
    or 1955 of that title (relating to gambling offenses),'' after 
    ``corrupt organizations)'';
        (2) in subparagraph (K)--
            (A) by striking ``or'' at the end of clause (i),
            (B) by redesignating clause (ii) as clause (iii), and
            (C) by inserting after clause (i) the following new clause:
                ``(ii) is described in section 2421, 2422, or 2423 of 
            title 18, United States Code (relating to transportation 
            for the purpose of prostitution) for commercial advantage; 
            or'';
        (3) by amending subparagraph (N) to read as follows:
            ``(N) an offense described in paragraph (1)(A) or (2) of 
        section 274(a) (relating to alien smuggling) for which the term 
        of imprisonment imposed (regardless of any suspension of 
        imprisonment) is at least 5 years;'';
        (4) by amending subparagraph (O) to read as follows:
            ``(O) an offense (i) which either is falsely making, 
        forging, counterfeiting, mutilating, or altering a passport or 
        instrument in violation of section 1543 of title 18, United 
        States Code, or is described in section 1546(a) of such title 
        (relating to document fraud) and (ii) for which the term of 
        imprisonment imposed (regardless of any suspension of such 
        imprisonment) is at least 18 months;'';
        (5) in subparagraph (P), by striking ``15 years'' and inserting 
    ``5 years'', and by striking ``and'' at the end;
        (6) by redesignating subparagraphs (O), (P), and (Q) as 
    subparagraphs (P), (Q), and (U), respectively;
        (7) by inserting after subparagraph (N) the following new 
    subparagraph:
            ``(O) an offense described in section 275(a) or 276 
        committed by an alien who was previously deported on the basis 
        of a conviction for an offense described in another 
        subparagraph of this paragraph;''; and
        (8) by inserting after subparagraph (Q), as so redesignated, 
    the following new subparagraphs:
            ``(R) an offense relating to commercial bribery, 
        counterfeiting, forgery, or trafficking in vehicles the 
        identification numbers of which have been altered for which a 
        sentence of 5 years' imprisonment or more may be imposed;
            ``(S) an offense relating to obstruction of justice, 
        perjury or subornation of perjury, or bribery of a witness, for 
        which a sentence of 5 years' imprisonment or more may be 
        imposed;
            ``(T) an offense relating to a failure to appear before a 
        court pursuant to a court order to answer to or dispose of a 
        charge of a felony for which a sentence of 2 years' 
        imprisonment or more may be imposed; and''.
    (f) Effective Date.--The amendments made by subsection (e) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (e)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.
    (g) Deportation of Criminal Aliens.--Section 242A(a) of such Act (8 
U.S.C. 1252a) is amended--
        (1) in paragraph (1)--
            (A) by striking ``aggravated felonies (as defined in 
        section 101(a)(43) of this title)'' and inserting ``any 
        criminal offense covered in section 241(a)(2) (A)(iii), (B), 
        (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) 
        for which both predicate offenses are covered by section 
        241(a)(2)(A)(i).''; and
            (B) by striking ``, where warranted,'';
        (2) in paragraph (2), by striking ``aggravated felony'' and all 
    that follows through ``before any scheduled hearings.'' and 
    inserting ``any criminal offense covered in section 241(a)(2) 
    (A)(iii), (B), (C), or (D), or any offense covered by section 
    241(a)(2)(A)(ii) for which both predicate offenses are covered by 
    section 241(a)(2)(A)(i).''.
    (h) Deadlines for Deporting Alien.--Section 242(c) of such Act (8 
U.S.C. 1252(c)) is amended--
        (1) by striking ``(c) When a final order'' and inserting 
    ``(c)(1) Subject to paragraph (2), when a final order''; and
        (2) by inserting at the end the following new paragraph:
    ``(2) When a final order of deportation under administrative 
process is made against any alien who is deportable by reason of having 
committed a criminal offense covered in section 241(a)(2) (A)(iii), 
(B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for 
which both predicate offenses are covered by section 241(a)(2)(A)(i), 
the Attorney General shall have 30 days from the date of the order 
within which to effect the alien's departure from the United States. 
The Attorney General shall have sole and unreviewable discretion to 
waive the foregoing provision for aliens who are cooperating with law 
enforcement authorities or for purposes of national security.''.

SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION 
              ORDER.

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

SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

    (a) Administrative Hearings.--Section 242A(b) of the Immigration 
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) 
of the Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322), is amended--
        (1) in paragraph (2)--
            (A) by striking ``and'' at the end of subparagraph (A) and 
        inserting ``or'', and
            (B) by amending subparagraph (B) to read as follows:
            ``(B) had permanent resident status on a conditional basis 
        (as described in section 216) at the time that proceedings 
        under this section commenced.'';
        (2) in paragraph (3), by striking ``30 calendar days'' and 
    inserting ``14 calendar days'';
        (3) in paragraph (4)(B), by striking ``proccedings'' and 
    inserting ``proceedings'';
        (4) in paragraph (4)--
            (A) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (F) and (G), respectively; and
            (B) by adding after subparagraph (C) the following new 
        subparagraphs:
            ``(D) such proceedings are conducted in, or translated for 
        the alien into, a language the alien understands;
            ``(E) a determination is made for the record at such 
        proceedings that the individual who appears to respond in such 
        a proceeding is an alien subject to such an expedited 
        proceeding under this section and is, in fact, the alien named 
        in the notice for such proceeding;''.
        (5) by adding at the end the following new paragraph:
        ``(5) No alien described in this section shall be eligible for 
    any relief from deportation that the Attorney General may grant in 
    the Attorney General's discretion.''.
    (b) Limit on Judicial Review.--Subsection (d) of section 106 of the 
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322), is amended to read as follows:
    ``(d) Notwithstanding subsection (c), a petition for review or for 
habeas corpus on behalf of an alien described in section 242A(c) may 
only challenge whether the alien is in fact an alien described in such 
section, and no court shall have jurisdiction to review any other 
issue.''.
    (c) Presumption of Deportability.--Section 242A of the Immigration 
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after 
subsection (b) the following new subsection:
    ``(c) Presumption of Deportability.--An alien convicted of an 
aggravated felony shall be conclusively presumed to be deportable from 
the United States.''.
    (d) Effective Date.--The amendments made by this section shall 
become effective no later than 60 days after the publication by the 
Attorney General of implementing regulations that shall be published on 
or before January 1, 1997.

SEC. 443. EXTRADITION OF ALIENS.

    (a) Scope.--Section 3181 of title 18, United States Code, is 
amended--
        (1) by inserting ``(a)'' before ``The provisions of this 
    chapter''; and
        (2) by adding at the end the following new subsections:
    ``(b) The provisions of this chapter shall be construed to permit, 
in the exercise of comity, the surrender of persons, other than 
citizens, nationals, or permanent residents of the United States, who 
have committed crimes of violence against nationals of the United 
States in foreign countries without regard to the existence of any 
treaty of extradition with such foreign government if the Attorney 
General certifies, in writing, that--
        ``(1) evidence has been presented by the foreign government 
    that indicates that had the offenses been committed in the United 
    States, they would constitute crimes of violence as defined under 
    section 16 of this title; and
        ``(2) the offenses charged are not of a political nature.
    ``(c) As used in this section, the term `national of the United 
States' has the meaning given such term in section 101(a)(22) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
    (b) Fugitives.--Section 3184 of title 18, United States Code, is 
amended--
        (1) in the first sentence by inserting after ``United States 
    and any foreign government,'' the following: ``or in cases arising 
    under section 3181(b),'';
        (2) in the first sentence by inserting after ``treaty or 
    convention,'' the following: ``or provided for under section 
    3181(b),''; and
        (3) in the third sentence by inserting after ``treaty or 
    convention,'' the following: ``or under section 3181(b),''.

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
                     Subtitle A--Nuclear Materials

SEC. 501. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
        (1) nuclear materials, including byproduct materials, can be 
    used to create radioactive dispersal devices that are capable of 
    causing serious bodily injury as well as substantial damage to 
    property and to the environment;
        (2) the potential use of nuclear materials, including byproduct 
    materials, enhances the threat posed by terrorist activities and 
    thereby has a greater effect on the security interests of the 
    United States;
        (3) due to the widespread hazards presented by the threat of 
    nuclear contamination, as well as nuclear bombs, the United States 
    has a strong interest in ensuring that persons who are engaged in 
    the illegal acquisition and use of nuclear materials, including 
    byproduct materials, are prosecuted for their offenses;
        (4) the threat that nuclear materials will be obtained and used 
    by terrorist and other criminal organizations has increased 
    substantially since the enactment in 1982 of the legislation that 
    implemented the Convention on the Physical Protection of Nuclear 
    Material, codified at section 831 of title 18, United States Code;
        (5) the successful efforts to obtain agreements from other 
    countries to dismantle nuclear weapons have resulted in increased 
    packaging and transportation of nuclear materials, thereby 
    decreasing the security of such materials by increasing the 
    opportunity for unlawful diversion and theft;
        (6) the trafficking in the relatively more common, commercially 
    available, and usable nuclear and byproduct materials creates the 
    potential for significant loss of life and environmental damage;
        (7) report trafficking incidents in the early 1990's suggest 
    that the individuals involved in trafficking in these materials 
    from Eurasia and Eastern Europe frequently conducted their black 
    market sales of these materials within the Federal Republic of 
    Germany, the Baltic States, the former Soviet Union, Central 
    Europe, and to a lesser extent in the Middle European countries;
        (8) the international community has become increasingly 
    concerned over the illegal possession of nuclear and nuclear 
    byproduct materials;
        (9) the potentially disastrous ramifications of increased 
    access to nuclear and nuclear byproduct materials pose such a 
    significant threat that the United States must use all lawful 
    methods available to combat the illegal use of such materials;
        (10) the United States has an interest in encouraging United 
    States corporations to do business in the countries that comprised 
    the former Soviet Union, and in other developing democracies;
        (11) protection of such United States corporations from threats 
    created by the unlawful use of nuclear materials is important to 
    the success of the effort to encourage business ventures in these 
    countries, and to further the foreign relations and commerce of the 
    United States;
        (12) the nature of nuclear contamination is such that it may 
    affect the health, environment, and property of United States 
    nationals even if the acts that constitute the illegal activity 
    occur outside the territory of the United States, and are primarily 
    directed toward foreign nationals; and
        (13) there is presently no Federal criminal statute that 
    provides adequate protection to United States interests from 
    nonweapons grade, yet hazardous radioactive material, and from the 
    illegal diversion of nuclear materials that are held for other than 
    peaceful purposes.
    (b) Purpose.--The purpose of this title is to provide Federal law 
enforcement agencies with the necessary means and the maximum authority 
permissible under the Constitution to combat the threat of nuclear 
contamination and proliferation that may result from the illegal 
possession and use of radioactive materials.

SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR 
              MATERIALS PROHIBITIONS.

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

SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM 
              ARMORIES.

    (a) Study.--The Attorney General and the Secretary of Defense shall 
jointly conduct a study of the number and extent of thefts from 
military arsenals (including National Guard armories) of firearms, 
explosives, and other materials that are potentially useful to 
terrorists.
    (b) Report to the Congress.--Not later than 6 months after the date 
of enactment of this Act, the Attorney General and the Secretary of 
Defense shall jointly prepare and transmit to the Congress a report on 
the findings of the study conducted under subsection (a).

              Subtitle B--Biological Weapons Restrictions

SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS.

    (a) Findings.--The Congress finds that--
        (1) certain biological agents have the potential to pose a 
    severe threat to public health and safety;
        (2) such biological agents can be used as weapons by 
    individuals or organizations for the purpose of domestic or 
    international terrorism or for other criminal purposes;
        (3) the transfer and possession of potentially hazardous 
    biological agents should be regulated to protect public health and 
    safety; and
        (4) efforts to protect the public from exposure to such agents 
    should ensure that individuals and groups with legitimate 
    objectives continue to have access to such agents for clinical and 
    research purposes.
    (b) Criminal Enforcement.--Chapter 10 of title 18, United States 
Code, is amended--
        (1) in section 175(a), by inserting ``or attempts, threatens, 
    or conspires to do the same,'' after ``to do so,'';
        (2) in section 177(a)(2), by inserting ``threat,'' after 
    ``attempt,''; and
        (3) in section 178--
            (A) in paragraph (1), by striking ``or infectious 
        substance'' and inserting ``infectious substance, or biological 
        product that may be engineered as a result of biotechnology, or 
        any naturally occurring or bioengineered component of any such 
        microorganism, virus, infectious substance, or biological 
        product'';
            (B) in paragraph (2)--
                (i) by inserting ``the toxic material of plants, 
            animals, microorganisms, viruses, fungi, or infectious 
            substances, or a recombinant molecule'' after ``means'';
                (ii) by striking ``production--'' and inserting 
            ``production, including--'';
                (iii) in subparagraph (A), by inserting ``or biological 
            product that may be engineered as a result of 
            biotechnology'' after ``substance''; and
                (iv) in subparagraph (B), by inserting ``or biological 
            product'' after ``isomer''; and
            (C) in paragraph (4), by inserting ``, or molecule, 
        including a recombinant molecule, or biological product that 
        may be engineered as a result of biotechnology,'' after 
        ``organism''.
    (c) Terrorism.--Section 2332a(a) of title 18, United States Code, 
is amended by inserting ``, including any biological agent, toxin, or 
vector (as those terms are defined in section 178)'' after 
``destruction''.
    (d) Regulatory Control of Biological Agents.--
        (1) List of biological agents.--
            (A) In general.--The Secretary shall, through regulations 
        promulgated under subsection (f), establish and maintain a list 
        of each biological agent that has the potential to pose a 
        severe threat to public health and safety.
            (B) Criteria.--In determining whether to include an agent 
        on the list under subparagraph (A), the Secretary shall--
                (i) consider--

                    (I) the effect on human health of exposure to the 
                agent;
                    (II) the degree of contagiousness of the agent and 
                the methods by which the agent is transferred to 
                humans;
                    (III) the availability and effectiveness of 
                immunizations to prevent and treatments for any illness 
                resulting from infection by the agent; and
                    (IV) any other criteria that the Secretary 
                considers appropriate; and

                (ii) consult with scientific experts representing 
            appropriate professional groups.
    (e) Regulation of Transfers of Listed Biological Agents.--The 
Secretary shall, through regulations promulgated under subsection (f), 
provide for--
        (1) the establishment and enforcement of safety procedures for 
    the transfer of biological agents listed pursuant to subsection 
    (d)(1), including measures to ensure--
            (A) proper training and appropriate skills to handle such 
        agents; and
            (B) proper laboratory facilities to contain and dispose of 
        such agents;
        (2) safeguards to prevent access to such agents for use in 
    domestic or international terrorism or for any other criminal 
    purpose;
        (3) the establishment of procedures to protect the public 
    safety in the event of a transfer or potential transfer of a 
    biological agent in violation of the safety procedures established 
    under paragraph (1) or the safeguards established under paragraph 
    (2); and
        (4) appropriate availability of biological agents for research, 
    education, and other legitimate purposes.
    (f) Regulations.--The Secretary shall carry out this section by 
issuing--
        (1) proposed rules not later than 60 days after the date of 
    enactment of this Act; and
        (2) final rules not later than 120 days after the date of 
    enactment of this Act.
    (g) Definitions.--For purposes of this section--
        (1) the term ``biological agent'' has the same meaning as in 
    section 178 of title 18, United States Code; and
        (2) the term ``Secretary'' means the Secretary of Health and 
    Human Services.

               Subtitle C--Chemical Weapons Restrictions

SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR 
              TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE 
              OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN 
              AREAS.

    (a) Chemical Weapons of Mass Destruction.--Chapter 113B of title 
18, United States Code, relating to terrorism, is amended by inserting 
after section 2332b as added by section 702 of this Act the following 
new section:

``Sec. 2332c. Use of chemical weapons

    ``(a) Prohibited Acts.--
        ``(1) Offense.--A person shall be punished under paragraph (2) 
    if that person, without lawful authority, uses, or attempts or 
    conspires to use, a chemical weapon against--
            ``(A) a national of the United States while such national 
        is outside of the United States;
            ``(B) any person within the United States; or
            ``(C) any property that is owned, leased, or used by the 
        United States or by any department or agency of the United 
        States, whether the property is within or outside of the United 
        States.
        ``(2) Penalties.--A person who violates paragraph (1)--
            ``(A) shall be imprisoned for any term of years or for 
        life; or
            ``(B) if death results from that violation, shall be 
        punished by death or imprisoned for any term of years or for 
        life.
    ``(b) Definitions.--As used in this section--
        ``(1) the term `national of the United States' has the same 
    meaning as in section 101(a)(22) of the Immigration and Nationality 
    Act (8 U.S.C. 1101(a)(22)); and
        ``(2) the term `chemical weapon' means any weapon that is 
    designed or intended to cause widespread death or serious bodily 
    injury through the release, dissemination, or impact of toxic or 
    poisonous chemicals or precursors of toxic or poisonous chemicals.
    (b) Study of Facility for Training and Evaluation of Personnel Who 
Respond To Use of Chemical or Biological Weapons in Urban and Suburban 
Areas.--
        (1) Findings.--The Congress finds that--
            (A) the threat of the use of chemical and biological 
        weapons by Third World countries and by terrorist organizations 
        has increased in recent years and is now a problem of worldwide 
        significance;
            (B) the military and law enforcement agencies in the United 
        States that are responsible for responding to the use of such 
        weapons require additional testing, training, and evaluation 
        facilities to ensure that the personnel of such agencies 
        discharge their responsibilities effectively; and
            (C) a facility that recreates urban and suburban locations 
        would provide an especially effective environment in which to 
        test, train, and evaluate such personnel for that purpose.
        (2) Study of facility.--
            (A) In general.--The President shall establish an 
        interagency task force to determine the feasibility and 
        advisability of establishing a facility that recreates both an 
        urban environment and a suburban environment in such a way as 
        to permit the effective testing, training, and evaluation in 
        such environments of government personnel who are responsible 
        for responding to the use of chemical and biological weapons in 
        the United States.
            (B) Description of facility.--The facility considered under 
        subparagraph (A) shall include--
                (i) facilities common to urban environments (including 
            a multistory building and an underground rail transit 
            system) and to suburban environments;
                (ii) the capacity to produce controllable releases of 
            chemical and biological agents from a variety of urban and 
            suburban structures, including laboratories, small 
            buildings, and dwellings;
                (iii) the capacity to produce controllable releases of 
            chemical and biological agents into sewage, water, and air 
            management systems common to urban areas and suburban 
            areas;
                (iv) chemical and biocontaminant facilities at the P3 
            and P4 levels;
                (v) the capacity to test and evaluate the effectiveness 
            of a variety of protective clothing and facilities and 
            survival techniques in urban areas and suburban areas; and
                (vi) the capacity to test and evaluate the 
            effectiveness of variable sensor arrays (including video, 
            audio, meteorological, chemical, and biosensor arrays) in 
            urban areas and suburban areas.
            (C) Sense of congress.--It is the sense of Congress that 
        the facility considered under subparagraph (A) shall, if 
        established--
                (i) be under the jurisdiction of the Secretary of 
            Defense; and
                (ii) be located at a principal facility of the 
            Department of Defense for the testing and evaluation of the 
            use of chemical and biological weapons during any period of 
            armed conflict.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item added by section 702 of this Act 
that relates to section 2332b the following new item:
``2332c. Use of chemical weapons.''.

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

SEC. 601. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
        (1) plastic explosives were used by terrorists in the bombings 
    of Pan American Airlines flight number 103 in December 1988 and UTA 
    flight number 722 in September 1989;
        (2) plastic explosives can be used with little likelihood of 
    detection for acts of unlawful interference with civil aviation, 
    maritime navigation, and other modes of transportation;
        (3) the criminal use of plastic explosives places innocent 
    lives in jeopardy, endangers national security, affects domestic 
    tranquility, and gravely affects interstate and foreign commerce;
        (4) the marking of plastic explosives for the purpose of 
    detection would contribute significantly to the prevention and 
    punishment of such unlawful acts; and
        (5) for the purpose of deterring and detecting such unlawful 
    acts, the Convention on the Marking of Plastic Explosives for the 
    Purpose of Detection, Done at Montreal on 1 March 1991, requires 
    each contracting State to adopt appropriate measures to ensure that 
    plastic explosives are duly marked and controlled.
    (b) Purpose.--The purpose of this title is to fully implement the 
Convention on the Marking of Plastic Explosives for the Purpose of 
Detection, Done at Montreal on 1 March 1991.

SEC. 602. DEFINITIONS.

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

SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

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

SEC. 604. CRIMINAL SANCTIONS.

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

SEC. 605. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
        (1) in subsection (a)--
            (A) by inserting ``(l), (m), (n), or (o) of section 842 and 
        subsections'' after ``subsections''; and
            (B) in paragraph (1), by inserting before the semicolon ``, 
        and which pertain to safety''; and
        (2) by adding at the end the following new subsection:
    ``(c) It is an affirmative defense against any proceeding involving 
subsections (l) through (o) of section 842 if the proponent proves by a 
preponderance of the evidence that the plastic explosive--
        ``(1) consisted of a small amount of plastic explosive intended 
    for and utilized solely in lawful--
            ``(A) research, development, or testing of new or modified 
        explosive materials;
            ``(B) training in explosives detection or development or 
        testing of explosives detection equipment; or
            ``(C) forensic science purposes; or
        ``(2) was plastic explosive that, within 3 years after the date 
    of enactment of the Antiterrorism and Effective Death Penalty Act 
    of 1996, will be or is incorporated in a military device within the 
    territory of the United States and remains an integral part of such 
    military device, or is intended to be, or is incorporated in, and 
    remains an integral part of a military device that is intended to 
    become, or has become, the property of any agency of the United 
    States performing military or police functions (including any 
    military reserve component) or the National Guard of any State, 
    wherever such device is located.
        ``(3) For purposes of this subsection, the term `military 
    device' includes, but is not restricted to, shells, bombs, 
    projectiles, mines, missiles, rockets, shaped charges, grenades, 
    perforators, and similar devices lawfully manufactured exclusively 
    for military or police purposes.''.

SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

    Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1)) 
is amended--
        (1) in subparagraph (B), by striking ``or'' at the end;
        (2) in subparagraph (C), by striking the period and inserting 
    ``; or''; and
        (3) by adding at the end the following new subparagraph:
            ``(D) is a plastic explosive, as defined in section 841(q) 
        of title 18, United States Code, which does not contain a 
        detection agent, as defined in section 841(p) of such title.''.

SEC. 607. EFFECTIVE DATE.

    Except as otherwise provided in this title, this title and the 
amendments made by this title shall take effect 1 year after the date 
of enactment of this Act.

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
                    Subtitle A--Crimes and Penalties

SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.

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

SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Chapter 113B of title 18, United States Code, 
relating to terrorism, is amended by inserting after section 2332a the 
following new section:

``Sec. 2332b. Acts of terrorism transcending national boundaries

    ``(a) Prohibited Acts.--
        ``(1) Offenses.--Whoever, involving conduct transcending 
    national boundaries and in a circumstance described in subsection 
    (b)--
            ``(A) kills, kidnaps, maims, commits an assault resulting 
        in serious bodily injury, or assaults with a dangerous weapon 
        any person within the United States; or
            ``(B) creates a substantial risk of serious bodily injury 
        to any other person by destroying or damaging any structure, 
        conveyance, or other real or personal property within the 
        United States or by attempting or conspiring to destroy or 
        damage any structure, conveyance, or other real or personal 
        property within the United States;
    in violation of the laws of any State, or the United States, shall 
    be punished as prescribed in subsection (c).
        ``(2) Treatment of threats, attempts and conspiracies.--Whoever 
    threatens to commit an offense under paragraph (1), or attempts or 
    conspires to do so, shall be punished under subsection (c).
    ``(b) Jurisdictional Bases.--
        ``(1) Circumstances.--The circumstances referred to in 
    subsection (a) are--
            ``(A) any of the offenders uses the mail or any facility of 
        interstate or foreign commerce in furtherance of the offense;
            ``(B) the offense obstructs, delays, or affects interstate 
        or foreign commerce, or would have so obstructed, delayed, or 
        affected interstate or foreign commerce if the offense had been 
        consummated;
            ``(C) the victim, or intended victim, is the United States 
        Government, a member of the uniformed services, or any 
        official, officer, employee, or agent of the legislative, 
        executive, or judicial branches, or of any department or 
        agency, of the United States;
            ``(D) the structure, conveyance, or other real or personal 
        property is, in whole or in part, owned, possessed, or leased 
        to the United States, or any department or agency of the United 
        States;
            ``(E) the offense is committed in the territorial sea 
        (including the airspace above and the seabed and subsoil below, 
        and artificial islands and fixed structures erected thereon) of 
        the United States; or
            ``(F) the offense is committed within the special maritime 
        and territorial jurisdiction of the United States.
        ``(2) Co-conspirators and accessories after the fact.--
    Jurisdiction shall exist over all principals and co-conspirators of 
    an offense under this section, and accessories after the fact to 
    any offense under this section, if at least one of the 
    circumstances described in subparagraphs (A) through (F) of 
    paragraph (1) is applicable to at least one offender.
    ``(c) Penalties.--
        ``(1) Penalties.--Whoever violates this section shall be 
    punished--
            ``(A) for a killing, or if death results to any person from 
        any other conduct prohibited by this section, by death, or by 
        imprisonment for any term of years or for life;
            ``(B) for kidnapping, by imprisonment for any term of years 
        or for life;
            ``(C) for maiming, by imprisonment for not more than 35 
        years;
            ``(D) for assault with a dangerous weapon or assault 
        resulting in serious bodily injury, by imprisonment for not 
        more than 30 years;
            ``(E) for destroying or damaging any structure, conveyance, 
        or other real or personal property, by imprisonment for not 
        more than 25 years;
            ``(F) for attempting or conspiring to commit an offense, 
        for any term of years up to the maximum punishment that would 
        have applied had the offense been completed; and
            ``(G) for threatening to commit an offense under this 
        section, by imprisonment for not more than 10 years.
        ``(2) Consecutive sentence.--Notwithstanding any other 
    provision of law, the court shall not place on probation any person 
    convicted of a violation of this section; nor shall the term of 
    imprisonment imposed under this section run concurrently with any 
    other term of imprisonment.
    ``(d) Proof Requirements.--The following shall apply to 
prosecutions under this section:
        ``(1) Knowledge.--The prosecution is not required to prove 
    knowledge by any defendant of a jurisdictional base alleged in the 
    indictment.
        ``(2) State law.--In a prosecution under this section that is 
    based upon the adoption of State law, only the elements of the 
    offense under State law, and not any provisions pertaining to 
    criminal procedure or evidence, are adopted.
    ``(e) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction--
        ``(1) over any offense under subsection (a), including any 
    threat, attempt, or conspiracy to commit such offense; and
        ``(2) over conduct which, under section 3, renders any person 
    an accessory after the fact to an offense under subsection (a).
    ``(f) Investigative Authority.--In addition to any other 
investigative authority with respect to violations of this title, the 
Attorney General shall have primary investigative responsibility for 
all Federal crimes of terrorism, and the Secretary of the Treasury 
shall assist the Attorney General at the request of the Attorney 
General. Nothing in this section shall be construed to interfere with 
the authority of the United States Secret Service under section 3056.
    ``(g) Definitions.--As used in this section--
        ``(1) the term `conduct transcending national boundaries' means 
    conduct occurring outside of the United States in addition to the 
    conduct occurring in the United States;
        ``(2) the term `facility of interstate or foreign commerce' has 
    the meaning given that term in section 1958(b)(2);
        ``(3) the term `serious bodily injury' has the meaning given 
    that term in section 1365(g)(3);
        ``(4) the term `territorial sea of the United States' means all 
    waters extending seaward to 12 nautical miles from the baselines of 
    the United States, determined in accordance with international law; 
    and
        ``(5) the term `Federal crime of terrorism' means an offense 
    that--
            ``(A) is calculated to influence or affect the conduct of 
        government by intimidation or coercion, or to retaliate against 
        government conduct; and
            ``(B) is a violation of--
                ``(i) section 32 (relating to destruction of aircraft 
            or aircraft facilities), 37 (relating to violence at 
            international airports), 81 (relating to arson within 
            special maritime and territorial jurisdiction), 175 
            (relating to biological weapons), 351 (relating to 
            congressional, cabinet, and Supreme Court assassination, 
            kidnapping, and assault), 831 (relating to nuclear 
            materials), 842 (m) or (n) (relating to plastic 
            explosives), 844(e) (relating to certain bombings), 844 (f) 
            or (i) (relating to arson and bombing of certain property), 
            956 (relating to conspiracy to injure property of a foreign 
            government), 1114 (relating to protection of officers and 
            employees of the United States), 1116 (relating to murder 
            or manslaughter of foreign officials, official guests, or 
            internationally protected persons), 1203 (relating to 
            hostage taking), 1361 (relating to injury of Government 
            property or contracts), 1362 (relating to destruction of 
            communication lines, stations, or systems), 1363 (relating 
            to injury to buildings or property within special maritime 
            and territorial jurisdiction of the United States), 1366 
            (relating to destruction of an energy facility), 1751 
            (relating to Presidential and Presidential staff 
            assassination, kidnapping, and assault), 2152 (relating to 
            injury of fortifications, harbor defenses, or defensive sea 
            areas), 2155 (relating to destruction of national defense 
            materials, premises, or utilities), 2156 (relating to 
            production of defective national defense materials, 
            premises, or utilities), 2280 (relating to violence against 
            maritime navigation), 2281 (relating to violence against 
            maritime fixed platforms), 2332 (relating to certain 
            homicides and other violence against United States 
            nationals occurring outside of the United States), 2332a 
            (relating to use of weapons of mass destruction), 2332b 
            (relating to acts of terrorism transcending national 
            boundaries), 2339A (relating to providing material support 
            to terrorists), 2339B (relating to providing material 
            support to terrorist organizations), or 2340A (relating to 
            torture);
                ``(ii) section 236 (relating to sabotage of nuclear 
            facilities or fuel) of the Atomic Energy Act of 1954 (42 
            U.S.C. 2284); or
                ``(iii) section 46502 (relating to aircraft piracy) or 
            section 60123(b) (relating to destruction of interstate gas 
            or hazardous liquid pipeline facility) of title 49.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 113B of title 18, United States Code, relating to terrorism, is 
amended by inserting after the item relating to section 2332a the 
following new item:
``2332b. Acts of terrorism transcending national boundaries.''.

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

SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF 
              PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL 
              JURISDICTION.

    Section 1363 of title 18, United States Code, is amended by 
striking ``any building,'' and all that follows through ``shipping'' 
and inserting ``any structure, conveyance, or other real or personal 
property''.

SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

    (a) In General.--Section 956 of chapter 45 of title 18, United 
States Code, is amended to read as follows:

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

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

SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.

    (a) In General.--Title 18, United States Code, is amended--
        (1) in section 114, by striking ``maim or disfigure'' and 
    inserting ``torture (as defined in section 2340), maim, or 
    disfigure'';
        (2) in section 755, by striking ``two years'' and inserting ``5 
    years'';
        (3) in section 756, by striking ``one year'' and inserting 
    ``five years'';
        (4) in section 878(a), by striking ``by killing, kidnapping, or 
    assaulting a foreign official, official guest, or internationally 
    protected person'';
        (5) in section 1113, by striking ``three years'' and inserting 
    ``seven years''; and
        (6) in section 2332(c), by striking ``five'' and inserting 
    ``ten''.
    (b) Penalty for Carrying Weapons or Explosives on an Aircraft.--
Section 46505 of title 49, United States Code, is amended--
        (1) in subsection (b), by striking ``one year'' and inserting 
    ``10 years''; and
        (2) in subsection (c), by striking ``5'' and inserting ``15''.

SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL 
              KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF 
              VIOLENCE.

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

SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

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

SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.

    (a) In General.--Section 844 of title 18, United States Code, is 
amended--
        (1) in subsection (e), by striking ``five'' and inserting 
    ``10'';
        (2) by amending subsection (f) to read as follows:
    ``(f)(1) Whoever maliciously damages or destroys, or attempts to 
damage or destroy, by means of fire or an explosive, any building, 
vehicle, or other personal or real property in whole or in part owned 
or possessed by, or leased to, the United States, or any department or 
agency thereof, shall be imprisoned for not less than 5 years and not 
more than 20 years, fined under this title, or both.
    ``(2) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct, directly or proximately causes personal 
injury or creates a substantial risk of injury to any person, including 
any public safety officer performing duties, shall be imprisoned for 
not less than 7 years and not more than 40 years, fined under this 
title, or both.
    ``(3) Whoever engages in conduct prohibited by this subsection, and 
as a result of such conduct directly or proximately causes the death of 
any person, including any public safety officer performing duties, 
shall be subject to the death penalty, or imprisoned for not less than 
20 years or for life, fined under this title, or both.'';
        (3) in subsection (h)--
            (A) in the first sentence, by striking ``5 years but not 
        more than 15 years'' and inserting ``10 years''; and
            (B) in the second sentence, by striking ``10 years but not 
        more than 25 years'' and inserting ``20 years''; and
        (4) in subsection (i)--
            (A) by striking ``not more than 20 years, fined the greater 
        of the fine under this title or the cost of repairing or 
        replacing any property that is damaged or destroyed,'' and 
        inserting ``not less than 5 years and not more than 20 years, 
        fined under this title''; and
            (B) by striking ``not more than 40 years, fined the greater 
        of a fine under this title or the cost of repairing or 
        replacing any property that is damaged or destroyed,'' and 
        inserting ``not less than 7 years and not more than 40 years, 
        fined under this title''.
    (b) Conforming Amendment.--Section 81 of title 18, United States 
Code, is amended by striking ``fined under this title or imprisoned not 
more than five years, or both'' and inserting ``imprisoned for not more 
than 25 years, fined the greater of the fine under this title or the 
cost of repairing or replacing any property that is damaged or 
destroyed, or both''.
    (c) Statute of Limitation for Arson Offenses.--
        (1) In general.--Chapter 213 of title 18, United States Code, 
    is amended by adding at the end the following new section:

``Sec. 3295. Arson offenses

    ``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of 
section 844 unless the indictment is found or the information is 
instituted not later than 10 years after the date on which the offense 
was committed.''.
        (2) Clerical amendment.--The table of sections at the beginning 
    of chapter 213 of title 18, United States Code, is amended by 
    adding at the end the following new item:
``3295. Arson offenses.''.

        (3) Conforming amendment.--Section 844(i) of title 18, United 
    States Code, is amended by striking the last sentence.

SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE 
              DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS.

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

                    Subtitle B--Criminal Procedures

SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
              CERTAIN TERRORISM OFFENSES OVERSEAS.

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

SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM 
              OFFENSES.

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

SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.

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

SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
              STATUTE.

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

SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING 
              STATUTE.

    Section 1956(c)(7) of title 18, United States Code, is amended--
        (1) in subparagraph (B), by amending clause (ii) to read as 
    follows:
            ``(ii) murder, kidnapping, robbery, extortion, or 
        destruction of property by means of explosive or fire;''; and
        (2) in subparagraph (D)--
            (A) by inserting after ``an offense under'' the following: 
        ``section 32 (relating to the destruction of aircraft), section 
        37 (relating to violence at international airports), section 
        115 (relating to influencing, impeding, or retaliating against 
        a Federal official by threatening or injuring a family 
        member),'';
            (B) by inserting after ``section 215 (relating to 
        commissions or gifts for procuring loans),'' the following: 
        ``section 351 (relating to congressional or Cabinet officer 
        assassination),'';
            (C) by inserting after ``section 798 (relating to 
        espionage),'' the following: ``section 831 (relating to 
        prohibited transactions involving nuclear materials), section 
        844 (f) or (i) (relating to destruction by explosives or fire 
        of Government property or property affecting interstate or 
        foreign commerce),'';
            (D) by inserting after ``section 875 (relating to 
        interstate communications),'' the following: ``section 956 
        (relating to conspiracy to kill, kidnap, maim, or injure 
        certain property in a foreign country),'';
            (E) by inserting after ``section 1032 (relating to 
        concealment of assets from conservator, receiver, or 
        liquidating agent of financial institution),'' the following: 
        ``section 1111 (relating to murder), section 1114 (relating to 
        murder of United States law enforcement officials), section 
        1116 (relating to murder of foreign officials, official guests, 
        or internationally protected persons),'';
            (F) by inserting after ``section 1203 (relating to hostage 
        taking),'' the following: ``section 1361 (relating to willful 
        injury of Government property), section 1363 (relating to 
        destruction of property within the special maritime and 
        territorial jurisdiction),'';
            (G) by inserting after ``section 1708 (relating to theft 
        from the mail),'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
            (H) by inserting after ``2114 (relating to bank and postal 
        robbery and theft),'' the following: ``section 2280 (relating 
        to violence against maritime navigation), section 2281 
        (relating to violence against maritime fixed platforms),'';
            (I) by striking ``or section 2320'' and inserting ``section 
        2320''; and
            (J) by striking ``of this title'' and inserting the 
        following: ``, section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2332a (relating to 
        use of weapons of mass destruction), section 2332b (relating to 
        international terrorist acts transcending national boundaries), 
        or section 2339A (relating to providing material support to 
        terrorists) of this title, section 46502 of title 49, United 
        States Code,''.

SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR 
              FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED 
              STATES.

    (a) Homicide.--Section 1114 of title 18, United States Code, is 
amended to read as follows:

``Sec. 1114. Protection of officers and employees of the United States

    ``Whoever kills or attempts to kill any officer or employee of the 
United States or of any agency in any branch of the United States 
Government (including any member of the uniformed services) while such 
officer or employee is engaged in or on account of the performance of 
official duties, or any person assisting such an officer or employee in 
the performance of such duties or on account of that assistance, shall 
be punished--
        ``(1) in the case of murder, as provided under section 1111;
        ``(2) in the case of manslaughter, as provided under section 
    1112; or
        ``(3) in the case of attempted murder or manslaughter, as 
    provided in section 1113.''.
    (b) Threats Against Former Officers and Employees.--
        (1) In General.--Section 115(a)(2) of title 18, United States 
    Code, is amended by inserting ``, or threatens to assault, kidnap, 
    or murder, any person who formerly served as a person designated in 
    paragraph (1), or'' after ``assaults, kidnaps, or murders, or 
    attempts to kidnap or murder''.
        (2) Limitation.--Section 115 of title 18, United States Code, 
    is amended by adding at the end the following:
    ``(d) This section shall not interfere with the investigative 
authority of the United States Secret Service, as provided under 
sections 3056, 871, and 879 of this title.''.
    (c) Amendment To Clarify the Meaning of the Term Deadly or 
Dangerous Weapon in the Prohibition on Assault on Federal Officers or 
Employees.--Section 111(b) of title 18, United States Code, is amended 
by inserting ``(including a weapon intended to cause death or danger 
but that fails to do so by reason of a defective component)'' after 
``deadly or dangerous weapon''.

SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.

    Section 3592(c) of title 18, United States Code, is amended by 
inserting after paragraph (15) the following new paragraph:
        ``(16) Multiple killings or attempted killings.--The defendant 
    intentionally killed or attempted to kill more than one person in a 
    single criminal episode.''.

SEC. 729. DETENTION HEARING.

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

SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.

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

SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS.

    Section 2510 of title 18, United States Code, is amended--
        (1) in paragraph (12)--
            (A) by striking ``or'' at the end of subparagraph (B);
            (B) by adding ``or'' at the end of subparagraph (C); and
            (C) by adding at the end the following new subparagraph:
            ``(D) electronic funds transfer information stored by a 
        financial institution in a communications system used for the 
        electronic storage and transfer of funds;''; and
        (2) in paragraph (16)--
            (A) by adding ``or'' at the end of subparagraph (D);
            (B) by striking ``or'' at the end of subparagraph (E); and
            (C) by striking subparagraph (F).

SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE 
              MATERIALS.

    (a) Study.--
        (1) In general.--Not later than 12 months after the date of 
    enactment of this Act, the Secretary of the Treasury (referred to 
    in this section as the ``Secretary'') shall conduct a study of--
            (A) the tagging of explosive materials for purposes of 
        detection and identification;
            (B) the feasibility and practicability of rendering common 
        chemicals used to manufacture explosive materials inert;
            (C) the feasibility and practicability of imposing controls 
        on certain precursor chemicals used to manufacture explosive 
        materials; and
            (D) State licensing requirements for the purchase and use 
        of commercial high explosives, including--
                (i) detonators;
                (ii) detonating cords;
                (iii) dynamite;
                (iv) water gel;
                (v) emulsion;
                (vi) blasting agents; and
                (vii) boosters.
        (2) Exclusion.--No study conducted under this subsection or 
    regulation proposed under subsection (e) shall include black or 
    smokeless powder among the explosive materials considered.
    (b) Consultation.--
        (1) In general.--In conducting the study under subsection (a), 
    the Secretary shall consult with--
            (A) Federal, State, and local officials with expertise in 
        the area of chemicals used to manufacture explosive materials; 
        and
            (B) such other individuals as the Secretary determines are 
        necessary.
        (2) Fertilizer research centers.--In conducting any portion of 
    the study under subsection (a) relating to the regulation and use 
    of fertilizer as a pre-explosive material, the Secretary of the 
    Treasury shall consult with and receive input from non-profit 
    fertilizer research centers.
    (c) Report.--Not later than 30 days after the completion of the 
study conducted under subsection (a), the Secretary shall submit a 
report to the Congress, which shall be made public, that contains--
        (1) the results of the study;
        (2) any recommendations for legislation; and
        (3) any opinions and findings of the fertilizer research 
    centers.
    (d) Hearings.--Congress shall have not less than 90 days after the 
submission of the report under subsection (c) to--
        (1) review the results of the study; and
        (2) hold hearings and receive testimony regarding the 
    recommendations of the Secretary.
    (e) Regulations.--
        (1) In general.--Not later than 6 months after the submission 
    of the report required by subsection (c), the Secretary may submit 
    to Congress and publish in the Federal Register draft regulations 
    for the addition of tracer elements to explosive materials 
    manufactured in or imported into the United States, of such 
    character and in such quantity as the Secretary may authorize or 
    require, if the results of the study conducted under subsection (a) 
    indicate that the tracer elements--
            (A) will not pose a risk to human life or safety;
            (B) will substantially assist law enforcement officers in 
        their investigative efforts;
            (C) will not substantially impair the quality of the 
        explosive materials for their intended lawful use;
            (D) will not have a substantially adverse effect on the 
        environment; and
            (E) the costs associated with the addition of the tracers 
        will not outweigh benefits of their inclusion.
        (2) Effective date.--The regulations under paragraph (1) shall 
    take effect 270 days after the Secretary submits proposed 
    regulations to Congress pursuant to paragraph (1), except to the 
    extent that the effective date is revised or the regulation is 
    otherwise modified or disapproved by an Act of Congress.

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
                   Subtitle A--Resources and Security

SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

    The Attorney General and the Secretary of the Treasury are 
authorized to support law enforcement training activities in foreign 
countries, in consultation with the Secretary of State, for the purpose 
of improving the effectiveness of the United States in investigating 
and prosecuting transnational offenses.

SEC. 802. SENSE OF CONGRESS.

    It is the sense of the Congress that, whenever practicable, each 
recipient of any sum authorized to be appropriated by this Act, should 
use the money to purchase American-made products.

SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF 
              COLUMBIA.

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

SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

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

SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL 
              INTEREST COMPUTER.

    (a) Review.--Not later than 60 calendar days after the date of 
enactment of this Act, the United States Sentencing Commission shall 
review the deterrent effect of existing guideline levels as they apply 
to paragraphs (4) and (5) of section 1030(a) of title 18, United States 
Code.
    (b) Report.--The United States Sentencing Commission shall prepare 
and transmit a report to the Congress on the findings under the study 
conducted under subsection (a).
    (c) Amendment of Guidelines.--Pursuant to its authority under 
section 994(p) of title 28, United States Code, the United States 
Sentencing Commission shall amend the sentencing guidelines to ensure 
any individual convicted of a violation of paragraph (4) or (5) of 
section 1030(a) of title 18, United States Code, is imprisoned for not 
less than 6 months.

SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT.

    (a) Establishment.--There is established a commission to be known 
as the ``Commission on the Advancement of Federal Law Enforcement'' 
(hereinafter in this section referred to as the ``Commission'').
    (b) Duties.--The Commission shall review, ascertain, evaluate, 
report, and recommend action to the Congress on the following matters:
        (1) The Federal law enforcement priorities for the 21st 
    century, including Federal law enforcement capability to 
    investigate and deter adequately the threat of terrorism facing the 
    United States.
        (2) In general, the manner in which significant Federal 
    criminal law enforcement operations are conceived, planned, 
    coordinated, and executed.
        (3) The standards and procedures used by Federal law 
    enforcement to carry out significant Federal criminal law 
    enforcement operations, and their uniformity and compatibility on 
    an interagency basis, including standards related to the use of 
    deadly force.
        (4) The investigation and handling of specific Federal criminal 
    law enforcement cases by the United States Government and the 
    Federal law enforcement agencies therewith, selected at the 
    Commission's discretion.
        (5) The necessity for the present number of Federal law 
    enforcement agencies and units.
        (6) The location and efficacy of the office or entity directly 
    responsible, aside from the President of the United States, for the 
    coordination on an interagency basis of the operations, programs, 
    and activities of all of the Federal law enforcement agencies.
        (7) The degree of assistance, training, education, and other 
    human resource management assets devoted to increasing 
    professionalism for Federal law enforcement officers.
        (8) The independent accountability mechanisms that exist, if 
    any, and their efficacy to investigate, address, and to correct 
    Federal law enforcement abuses.
        (9) The degree of coordination among law enforcement agencies 
    in the area of international crime and the extent to which 
    deployment of resources overseas diminishes domestic law 
    enforcement.
        (10) The extent to which Federal law enforcement agencies 
    coordinate with State and local law enforcement agencies on Federal 
    criminal enforcement operations and programs that directly affect a 
    State or local law enforcement agency's geographical jurisdiction.
        (11) Such other related matters as the Commission deems 
    appropriate.
    (c) Membership and Administrative Provisions.--
        (1) Number and appointment.--The Commission shall be composed 
    of 5 members appointed as follows:
            (A) 1 member appointed by the President pro tempore of the 
        Senate.
            (B) 1 member appointed by the minority leader of the 
        Senate.
            (C) 1 member appointed by the Speaker of the House of 
        Representatives.
            (D) 1 member appointed by the minority leader of the House 
        of Representatives.
            (E) 1 member (who shall chair the Commission) appointed by 
        the Chief Justice of the Supreme Court.
        (2) Disqualification.--A person who is an officer or employee 
    of the United States shall not be appointed a member of the 
    Commission.
        (3) Terms.--Each member shall be appointed for the life of the 
    Commission.
        (4) Quorum.--3 members of the Commission shall constitute a 
    quorum but a lesser number may hold hearings.
        (5) Meetings.--The Commission shall meet at the call of the 
    Chair of the Commission.
        (6) Compensation.--Each member of the Commission who is not an 
    officer or employee of the Federal Government shall be compensated 
    at a rate equal to the daily equivalent of the annual rate of basic 
    pay prescribed for level IV of the Executive Schedule under section 
    5315 of title 5, United States Code, for each day, including travel 
    time, during which the member is engaged in the performance of the 
    duties of the Commission.
    (d) Staffing and Support Functions.--
        (1) Director.--The Commission shall have a director who shall 
    be appointed by the Chair of the Commission.
        (2) Staff.--Subject to rules prescribed by the Commission, the 
    Director may appoint additional personnel as the Commission 
    considers appropriate.
        (3) Applicability of certain civil service laws.--The Director 
    and staff of the Commission shall be appointed subject to the 
    provisions of title 5, United States Code, governing appointments 
    in the competitive service, and shall be paid in accordance with 
    the provisions of chapter 51 and subchapter III of chapter 53 of 
    that title relating to classification and General Schedule pay 
    rates.
    (e) Powers.--
        (1) Hearings and sessions.--The Commission may, for the 
    purposes of carrying out this Act, hold hearings, sit and act at 
    times and places, take testimony, and receive evidence as the 
    Commission considers appropriate. The Commission may administer 
    oaths or affirmations to witnesses appearing before it. The 
    Commission may establish rules for its proceedings.
        (2) Powers of members and agents.--Any member or agent of the 
    Commission may, if authorized by the Commission, take any action 
    which the Commission is authorized to take by this section.
        (3) Obtaining official data.--The Commission may secure 
    directly from any department or agency of the United States 
    information necessary to enable it to carry out this section. Upon 
    request of the Chair of the Commission, the head of that department 
    or agency shall furnish that information to the Commission, unless 
    doing so would threaten the national security, the health or safety 
    of any individual, or the integrity of an ongoing investigation.
        (4) Administrative support services.--Upon the request of the 
    Commission, the Administrator of General Services shall provide to 
    the Commission, on a reimbursable basis, the administrative support 
    services necessary for the Commission to carry out its 
    responsibilities under this title.
    (f) Report.--The Commission shall transmit a report to the Congress 
and the public not later than 2 years after a quorum of the Commission 
has been appointed. The report shall contain a detailed statement of 
the findings and conclusions of the Commission, together with the 
Commission's recommendations for such actions as the Commission 
considers appropriate.
    (g) Termination.--The Commission shall terminate 30 days after 
submitting the report required by this section.

SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES 
              CURRENCY.

    (a) In General.--The Secretary of the Treasury (hereafter in this 
section referred to as the ``Secretary''), in consultation with the 
advanced counterfeit deterrence steering committee, shall--
        (1) study the use and holding of United States currency in 
    foreign countries; and
        (2) develop useful estimates of the amount of counterfeit 
    United States currency that circulates outside the United States 
    each year.
    (b) Evaluation Audit Plan.--
        (1) In general.--The Secretary shall develop an effective 
    international evaluation audit plan that is designed to enable the 
    Secretary to carry out the duties described in subsection (a) on a 
    regular and thorough basis.
        (2) Submission of detailed written summary.--The Secretary 
    shall submit a detailed written summary of the evaluation audit 
    plan developed pursuant to paragraph (1) to the Congress before the 
    end of the 6-month period beginning on the date of the enactment of 
    this Act.
        (3) First evaluation audit under plan.--The Secretary shall 
    begin the first evaluation audit pursuant to the evaluation audit 
    plan no later than the end of the 1-year period beginning on the 
    date of the enactment of this Act.
        (4) Subsequent evaluation audits.--At least 1 evaluation audit 
    shall be performed pursuant to the evaluation audit plan during 
    each 3-year period beginning after the date of the commencement of 
    the evaluation audit referred to in paragraph (3).
    (c) Reports.--
        (1) In general.--The Secretary shall submit a written report to 
    the Committee on Banking and Financial Services of the House of 
    Representatives and the Committee on Banking, Housing, and Urban 
    Affairs of the Senate on the results of each evaluation audit 
    conducted pursuant to subsection (b) within 90 days after the 
    completion of the evaluation audit.
        (2) Contents.--In addition to such other information as the 
    Secretary may determine to be appropriate, each report submitted to 
    the Congress pursuant to paragraph (1) shall include the following 
    information:
            (A) A detailed description of the evaluation audit process 
        and the methods used to develop estimates of the amount of 
        counterfeit United States currency in circulation outside the 
        United States.
            (B) The method used to determine the currency sample 
        examined in connection with the evaluation audit and a 
        statistical analysis of the sample examined.
            (C) A list of the regions of the world, types of financial 
        institutions, and other entities included.
            (D) An estimate of the total amount of United States 
        currency found in each region of the world.
            (E) The total amount of counterfeit United States currency 
        and the total quantity of each counterfeit denomination found 
        in each region of the world.
        (3) Classification of information.--
            (A) In general.--To the greatest extent possible, each 
        report submitted to the Congress under this subsection shall be 
        submitted in an unclassified form.
            (B) Classified and unclassified forms.--If, in the interest 
        of submitting a complete report under this subsection, the 
        Secretary determines that it is necessary to include classified 
        information in the report, the report shall be submitted in a 
        classified and an unclassified form.
    (d) Sunset Provision.--This section shall cease to be effective as 
of the end of the 10-year period beginning on the date of the enactment 
of this Act.
    (e) Rule of Construction.--No provision of this section shall be 
construed as authorizing any entity to conduct investigations of 
counterfeit United States currency.
    (f) Findings.--The Congress hereby finds the following:
        (1) United States currency is being counterfeited outside the 
    United States.
        (2) The One Hundred Third Congress enacted, with the approval 
    of the President on September 13, 1994, section 470 of title 18, 
    United States Code, making such activity a crime under the laws of 
    the United States.
        (3) The expeditious posting of agents of the United States 
    Secret Service to overseas posts, which is necessary for the 
    effective enforcement of section 470 and related criminal 
    provisions, has been delayed.
        (4) While section 470 of title 18, United States Code, provides 
    for a maximum term of imprisonment of 20 years as opposed to a 
    maximum term of 15 years for domestic counterfeiting, the United 
    States Sentencing Commission has failed to provide, in its 
    sentencing guidelines, for an appropriate enhancement of punishment 
    for defendants convicted of counterfeiting United States currency 
    outside the United States.
    (g) Timely Consideration of Requests for Concurrence in Creation of 
Overseas Posts.--
        (1) In general.--The Secretary of State shall--
            (A) consider in a timely manner the request by the 
        Secretary of the Treasury for the placement of such number of 
        agents of the United States Secret Service as the Secretary of 
        the Treasury considers appropriate in posts in overseas 
        embassies; and
            (B) reach an agreement with the Secretary of the Treasury 
        on such posts as soon as possible and, in any event, not later 
        than December 31, 1996.
        (2) Cooperation of treasury required.--The Secretary of the 
    Treasury shall promptly provide any information requested by the 
    Secretary of State in connection with such requests.
        (3) Reports required.--The Secretary of the Treasury and the 
    Secretary of State shall each submit, by February 1, 1997, a 
    written report to the Committee on Banking and Financial Services 
    of the House of Representatives and the Committee on Banking, 
    Housing, and Urban Affairs of the Senate explaining the reasons for 
    the rejection, if any, of any proposed post and the reasons for the 
    failure, if any, to fill any approved post by such date.
    (h) Enhanced Penalties for International Counterfeiting of United 
States Currency.--Pursuant to the authority of the United States 
Sentencing Commission under section 994 of title 28, United States 
Code, the Commission shall amend the sentencing guidelines prescribed 
by the Commission to provide an appropriate enhancement of the 
punishment for a defendant convicted under section 470 of title 18 of 
such Code.

SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
              GOVERNMENT EMPLOYEES.

    (a) Findings.--The Congress finds that--
        (1) threats of violence and acts of violence against Federal, 
    State, and local government employees and their families are 
    increasing as the result of attempts to stop public servants from 
    performing their lawful duties;
        (2) these acts are a danger to the constitutional form of 
    government of the United States; and
        (3) more information is needed relating to the extent and 
    nature of the danger to these employees and their families so that 
    actions can be taken to protect public servants at all levels of 
    government in the performance of their duties.
    (b) Statistics.--The Attorney General shall collect data, for the 
calendar year 1990 and each succeeding calendar year thereafter, 
relating to crimes and incidents of threats of violence and acts of 
violence against Federal, State, and local government employees and 
their families in the performance of their lawful duties. Such data 
shall include--
        (1) in the case of crimes against such employees and their 
    families, the nature of the crime; and
        (2) in the case of incidents of threats of violence and acts of 
    violence, including verbal and implicit threats against such 
    employees and their families, the deterrent effect on the 
    performance of their jobs.
    (c) Guidelines.--The Attorney General shall establish guidelines 
for the collection of the data under subsection (b), including a 
definition of the sufficiency of evidence of noncriminal incidents 
required to be reported.
    (d) Use of Data.--
        (1) Annual publishing.--The Attorney General shall publish an 
    annual summary of the data collected under this section.
        (2) Use of data.--Except with respect to the summary published 
    under paragraph (1), data collected under this section shall be 
    used only for research and statistical purposes.
    (e) Exemption.--The Attorney General, the Secretary of State, and 
the United States Secret Service is not required to participate in any 
statistical reporting activity under this section with respect to any 
direct or indirect threat made against any individual for whom that 
official or Service is authorized to provide protection.

SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS 
              FROM THE CRIMINAL USE OF FIREARMS AND AMMUNITION.

    (a) The Secretary of the Treasury, in conjunction with the Attorney 
General, shall conduct a study and make recommendations concerning--
        (1) the extent and nature of the deaths and serious injuries, 
    in the line of duty during the last decade, for law enforcement 
    officers, including--
            (A) those officers who were feloniously killed or seriously 
        injured and those that died or were seriously injured as a 
        result of accidents or other non-felonious causes;
            (B) those officers feloniously killed or seriously injured 
        with firearms, those killed or seriously injured with, 
        separately, handguns firing handgun caliber ammunition, 
        handguns firing rifle caliber ammunition, rifles firing rifle 
        caliber ammunition, rifles firing handgun caliber ammunition 
        and shotguns;
            (C) those officers feloniously killed or seriously injured 
        with firearms, and killings or serious injuries committed with 
        firearms taken by officers' assailants from officers, and those 
        committed with other officers' firearms; and
            (D) those killed or seriously injured because shots 
        attributable to projectiles defined as ``armor piercing 
        ammunition'' under section 921(a)(17)(B) (i) and (ii) of title 
        18, United States Code, pierced the protective material of 
        bullet resistant vests and bullet resistant headgear;
        (2) whether current passive defensive strategies, such as body 
    armor, are adequate to counter the criminal use of firearms against 
    law officers; and
        (3) the calibers of ammunition that are--
            (A) sold in the greatest quantities;
            (B) their common uses, according to consultations with 
        industry, sporting organizations and law enforcement;
            (C) the calibers commonly used for civilian defensive or 
        sporting uses that would be affected by any prohibition on non-
        law enforcement sales of such ammunition, if such ammunition is 
        capable of penetrating minimum level bullet resistant vests; 
        and
            (D) recommendations for increase in body armor capabilities 
        to further protect law enforcement from threat.
    (b) In conducting the study, the Secretary shall consult with other 
Federal, State and local officials, non-governmental organizations, 
including all national police organizations, national sporting 
organizations and national industry associations with expertise in this 
area and such other individuals as shall be deemed necessary. Such 
study shall be presented to Congress twelve months after the enactment 
of this Act and made available to the public, including any data tapes 
or data used to form such recommendations.
    (c) There are authorized to be appropriated for the study and 
recommendations such sums as may be necessary.

SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.

    (a) Study.--The Attorney General and the Director of the Federal 
Bureau of Investigation shall study all applicable laws and guidelines 
relating to electronic surveillance and the use of pen registers and 
other trap and trace devices.
    (b) Report.--Not later than 90 days after the date of enactment of 
this Act, the Attorney General shall submit a report to the Congress 
that includes--
        (1) the findings of the study conducted pursuant to subsection 
    (a);
        (2) recommendations for the use of electronic devices in 
    conducting surveillance of terrorist or other criminal 
    organizations, and for any modifications in the law necessary to 
    enable the Federal Government to fulfill its law enforcement 
    responsibilities within appropriate constitutional parameters;
        (3) a summary of instances in which Federal law enforcement 
    authorities may have abused electronic surveillance powers and 
    recommendations, if needed, for constitutional safeguards relating 
    to the use of such powers; and
        (4) a summary of efforts to use current wiretap authority, 
    including detailed examples of situations in which expanded 
    authority would have enabled law enforcement authorities to fulfill 
    their responsibilities.

         Subtitle B--Funding Authorizations for Law Enforcement

SEC. 811. FEDERAL BUREAU OF INVESTIGATION.

    (a) In General.--With funds made available pursuant to subsection 
(c)--
        (1) the Attorney General shall--
            (A) provide support and enhance the technical support 
        center and tactical operations of the Federal Bureau of 
        Investigation;
            (B) create a Federal Bureau of Investigation 
        counterterrorism and counterintelligence fund for costs 
        associated with the investigation of cases involving cases of 
        terrorism;
            (C) expand and improve the instructional, operational 
        support, and construction of the Federal Bureau of 
        Investigation Academy;
            (D) construct a Federal Bureau of Investigation laboratory, 
        provide laboratory examination support, and provide for a 
        command center;
            (E) make grants to States to carry out the activities 
        described in subsection (b); and
            (F) increase personnel to support counterterrorism 
        activities; and
        (2) the Director of the Federal Bureau of Investigation may 
    expand the combined DNA Identification System (CODIS) to include 
    Federal crimes and crimes committed in the District of Columbia.
    (b) State Grants.--
        (1) Authorization.--The Attorney General, in consultation with 
    the Director of the Federal Bureau of Investigation, may make 
    grants to each State eligible under paragraph (2) to be used by the 
    chief executive officer of the State, in conjunction with units of 
    local government, other States, or any combination thereof, to 
    carry out all or part of a program to establish, develop, update, 
    or upgrade--
            (A) computerized identification systems that are compatible 
        and integrated with the databases of the National Crime 
        Information Center of the Federal Bureau of Investigation;
            (B) the capability to analyze deoxyribonucleic acid (DNA) 
        in a forensic laboratory in ways that are compatible and 
        integrated with the combined DNA Identification System (CODIS) 
        of the Federal Bureau of Investigation; and
            (C) automated fingerprint identification systems that are 
        compatible and integrated with the Integrated Automated 
        Fingerprint Identification System (IAFIS) of the Federal Bureau 
        of Investigation.
        (2) Eligibility.--To be eligible to receive a grant under this 
    subsection, a State shall require that each person convicted of a 
    felony of a sexual nature shall provide to appropriate State law 
    enforcement officials, as designated by the chief executive officer 
    of the State, a sample of blood, saliva, or other specimen 
    necessary to conduct a DNA analysis consistent with the standards 
    established for DNA testing by the Director of the Federal Bureau 
    of Investigation.
        (3) Interstate compacts.--A State may enter into a compact or 
    compacts with another State or States to carry out this subsection.
    (c) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated for 
    the activities of the Federal Bureau of Investigation, to help meet 
    the increased demands for activities to combat terrorism--
            (A) $114,000,000 for fiscal year 1997;
            (B) $166,000,000 for fiscal year 1998;
            (C) $96,000,000 for fiscal year 1999; and
            (D) $92,000,000 for fiscal year 2000.
        (2) Availability of funds.--Funds made available pursuant to 
    paragraph (1), in any fiscal year, shall remain available until 
    expended.
        (3) Allocation.--
            (A) In general.--Of the total amount appropriated to carry 
        out subsection (b) in a fiscal year--
                (i) the greater of 0.25 percent of such amount or 
            $500,000 shall be allocated to each eligible State; and
                (ii) of the total funds remaining after the allocation 
            under clause (i), there shall be allocated to each State an 
            amount which bears the same ratio to the amount of 
            remaining funds described in this subparagraph as the 
            population of such State bears to the population of all 
            States.
            (B) Definition.--For purposes of this paragraph, the term 
        ``State'' means any State of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, 
        American Samoa, Guam, and the Commonwealth of the Northern 
        Mariana Islands, except that for purposes of the allocation 
        under this subparagraph, American Samoa and the Commonwealth of 
        the Northern Mariana Islands shall be considered as one State 
        and that for these purposes, 67 percent of the amounts 
        allocated shall be allocated to American Samoa, and 33 percent 
        to the Commonwealth of the Northern Mariana Islands.

SEC. 812. UNITED STATES CUSTOMS SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the United States Customs Service, to help meet the 
increased needs of the United States Customs Service--
        (1) $8,000,000 for fiscal year 1997;
        (2) $8,000,000 for fiscal year 1998;
        (3) $8,000,000 for fiscal year 1999; and
        (4) $7,000,000 for fiscal year 2000.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the Immigration and Naturalization Service, to help meet 
the increased needs of the Immigration and Naturalization Service, 
including the detention and removal of alien terrorists, $5,000,000 for 
each of the fiscal years 1997, 1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to 
subsection (a), in any fiscal year, shall remain available until 
expended.

SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.

    (a) Activities of Drug Enforcement Administration.--The Attorney 
General shall use funds made available pursuant to subsection (b) to--
        (1) fund antiviolence crime initiatives;
        (2) fund initiatives to address major violators of Federal 
    antidrug statutes; and
        (3) enhance or replace infrastructure of the Drug Enforcement 
    Administration.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Drug Enforcement Administration, to help meet the 
increased needs of the Drug Enforcement Administration--
        (1) $35,000,000 for fiscal year 1997;
        (2) $40,000,000 for fiscal year 1998;
        (3) $45,000,000 for fiscal year 1999; and
        (4) $52,000,000 for fiscal year 2000.
    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 815. DEPARTMENT OF JUSTICE.

    (a) In General.--The Attorney General shall use funds made 
available pursuant to subsection (b) to--
        (1) hire additional Assistant United States Attorneys and 
    attorneys within the Criminal Division of the Department of 
    Justice; and
        (2) provide for increased security at courthouses and other 
    facilities in which Federal workers are employed.
    (b) Authorization of Additional Appropriations.--There are 
authorized to be appropriated to carry out this section--
        (1) $10,000,000 for fiscal year 1997;
        (2) $10,000,000 for fiscal year 1998;
        (3) $10,000,000 for fiscal year 1999; and
        (4) $11,000,000 for fiscal year 2000.
    (c) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.
    (d) Exemption Authority.--Notwithstanding any other provision of 
law, section 102(b) of the Department of Justice and Related Agencies 
Appropriations Act, 1993 (Public Law 102-395), shall remain in effect 
until specifically repealed, subject to any limitation on 
appropriations contained in any Department of Justice Appropriation 
Authorization Act.
    (e) General Reward Authority of the Attorney General.--
        (1) In general.--Chapter 203 of title 18, United States Code, 
    is amended by adding immediately after section 3059A the following 
    section:

``Sec. 3059B. General reward authority

    ``(a) Notwithstanding any other provision of law, the Attorney 
General may pay rewards and receive from any department or agency funds 
for the payment of rewards under this section to any individual who 
assists the Department of Justice in performing its functions.
    ``(b) Not later than 30 days after authorizing a reward under this 
section that exceeds $100,000, the Attorney General shall give notice 
to the respective chairmen of the Committees on Appropriations and the 
Committees on the Judiciary of the Senate and the House of 
Representatives.
    ``(c) A determination made by the Attorney General to authorize an 
award under this section and the amount of any reward authorized shall 
be final and conclusive, and not subject to judicial review.''.

SEC. 816. DEPARTMENT OF THE TREASURY.

    (a) In General.--There are authorized to be appropriated for 
Department of Treasury law enforcement agencies engaged in 
counterterrorism efforts to augment those efforts--
        (1) $10,000,000 for fiscal year 1997;
        (2) $10,000,000 for fiscal year 1998;
        (3) $10,000,000 for fiscal year 1999; and
        (4) $10,000,000 for fiscal year 2000.
    (b) United States Secret Service.--There are authorized to be 
appropriated for the activities of the United States Secret Service, to 
augment White House security and expand Presidential protection 
activities--
        (1) $11,000,000 for fiscal year 1997;
        (2) $11,000,000 for fiscal year 1998;
        (3) $13,000,000 for fiscal year 1999; and
        (4) $15,000,000 for fiscal year 2000.

SEC. 817. UNITED STATES PARK POLICE.

    (a) In General.--There are authorized to be appropriated for the 
activities of the United States Park Police, to help meet the increased 
needs of the United States Park Police, $500,000 for each of the fiscal 
years 1997, 1998, 1999, and 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 818. THE JUDICIARY.

    (a) In General.--There are authorized to be appropriated to the 
Federal judiciary, to help meet the increased demands for judicial 
branch activities, including supervised release, and pretrial and 
probation services, resulting from the enactment of this Act--
        (1) $10,000,000 for fiscal year 1997;
        (2) $10,000,000 for fiscal year 1998;
        (3) $10,000,000 for fiscal year 1999; and
        (4) $11,000,000 for fiscal year 2000.
    (b) Availability of Funds.--Funds made available pursuant to this 
section, in any fiscal year, shall remain available until expended.

SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    (a) Grant Authorization.--The Attorney General, in consultation 
with the Director of the Federal Emergency Management Agency, may make 
grants to provide specialized training and equipment to enhance the 
capability of metropolitan fire and emergency service departments to 
respond to terrorist attacks.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated for fiscal year 1997, $5,000,000 to carry out this 
section.

SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
              DETECTION DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY.

    There are authorized to be appropriated to the National Institute 
of Justice Office of Science and Technology not more than $10,000,000 
for each of the fiscal years 1997 and 1998 to provide assistance to 
foreign countries facing an imminent danger of terrorist attack that 
threatens the national interest of the United States, or puts United 
States nationals at risk, in--
        (1) obtaining explosive detection devices and other 
    counterterrorism technology;
        (2) conducting research and development projects on such 
    technology; and
        (3) testing and evaluating counterterrorism technologies in 
    those countries.

SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM 
              TECHNOLOGIES.

    There are authorized to be appropriated to the National Institute 
of Justice Office of Science and Technology not more than $10,000,000 
for fiscal year 1997, to--
        (1) develop technologies that can be used to combat terrorism, 
    including technologies in the areas of--
            (A) detection of weapons, explosives, chemicals, and 
        persons;
            (B) tracking;
            (C) surveillance;
            (D) vulnerability assessment; and
            (E) information technologies;
        (2) develop standards to ensure the adequacy of products 
    produced and compatibility with relevant national systems; and
        (3) identify and assess requirements for technologies to assist 
    State and local law enforcement in the national program to combat 
    terrorism.

SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND 
              EQUIPMENT.

    (a) Amendment of Byrne Grant Program.--Section 501(b) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) 
is amended--
        (1) by striking ``and'' at the end of paragraph (24);
        (2) by striking the period at the end of paragraph (25) and 
    inserting ``; and''; and
        (3) by adding at the end the following new paragraph:
        ``(26) to develop and implement antiterrorism training programs 
    and to procure equipment for use by local law enforcement 
    authorities.''.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated $25,000,000 for each of fiscal years 1997 through 2000 for 
grants under section 501 of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3751(b)) to be used for the development and 
implementation of antiterrorism training programs and to procure 
equipment for use by local law enforcement authorities.

SEC. 823. FUNDING SOURCE.

    Appropriations for activities authorized in this subtitle may be 
made from the Violent Crime Reduction Trust Fund.

                        TITLE IX--MISCELLANEOUS

SEC. 901. EXPANSION OF TERRITORIAL SEA.

    (a) Territorial Sea Extending to Twelve Miles Included in Special 
Maritime and Territorial Jurisdiction.--The Congress declares that all 
the territorial sea of the United States, as defined by Presidential 
Proclamation 5928 of December 27, 1988, for purposes of Federal 
criminal jurisdiction is part of the United States, subject to its 
sovereignty, and is within the special maritime and territorial 
jurisdiction of the United States for the purposes of title 18, United 
States Code.
    (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of 
title 18, United States Code, is amended--
        (1) in subsection (a), by inserting after ``title,'' the 
    following: ``or on, above, or below any portion of the territorial 
    sea of the United States not within the jurisdiction of any State, 
    Commonwealth, territory, possession, or district''; and
        (2) by adding at the end the following new subsection:
    ``(c) Whenever any waters of the territorial sea of the United 
States lie outside the territory of any State, Commonwealth, territory, 
possession, or district, such waters (including the airspace above and 
the seabed and subsoil below, and artificial islands and fixed 
structures erected thereon) shall be deemed, for purposes of subsection 
(a), to lie within the area of the State, Commonwealth, territory, 
possession, or district that it would lie within if the boundaries of 
such State, Commonwealth, territory, possession, or district were 
extended seaward to the outer limit of the territorial sea of the 
United States.''.

SEC. 902. PROOF OF CITIZENSHIP.

    Notwithstanding any other provision of law, a Federal, State, or 
local government agency may not use a voter registration card (or other 
related document) that evidences registration for an election for 
Federal office, as evidence to prove United States citizenship.

SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.

    (a) In General.--Section 3006A of title 18, United States Code, is 
amended--
        (1) in subsection (d)--
            (A) by redesignating paragraphs (4), (5), and (6) as 
        paragraphs (5), (6), and (7), respectively; and
            (B) by inserting after paragraph (3) the following:
        ``(4) Disclosure of fees.--The amounts paid under this 
    subsection, for representation in any case, shall be made available 
    to the public.''; and
        (2) in subsection (e) by adding at the end the following:
        ``(4) Disclosure of fees.--The amounts paid under this 
    subsection for services in any case shall be made available to the 
    public.''.
    (b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the 
Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as 
follows:
    ``(10)(A) Compensation shall be paid to attorneys appointed under 
this subsection at a rate of not more than $125 per hour for in-court 
and out-of-court time. Not less than 3 years after the date of the 
enactment of the Antiterrorism and Effective Death Penalty Act of 1996, 
the Judicial Conference is authorized to raise the maximum for hourly 
payment specified in the paragraph up to the aggregate of the overall 
average percentages of the adjustments in the rates of pay for the 
General Schedule made pursuant to section 5305 of title 5 on or after 
such date. After the rates are raised under the preceding sentence, 
such hourly range may be raised at intervals of not less than one year, 
up to the aggregate of the overall average percentages of such 
adjustments made since the last raise under this paragraph.
    ``(B) Fees and expenses paid for investigative, expert, and other 
reasonably necessary services authorized under paragraph (9) shall not 
exceed $7,500 in any case, unless payment in excess of that limit is 
certified by the court, or by the United States magistrate judge, if 
the services were rendered in connection with the case disposed of 
entirely before such magistrate judge, as necessary to provide fair 
compensation for services of an unusual character or duration, and the 
amount of the excess payment is approved by the chief judge of the 
circuit. The chief judge of the circuit may delegate such approval 
authority to an active circuit judge.
    ``(C) The amounts paid under this paragraph for services in any 
case shall be disclosed to the public, after the disposition of the 
petition.''.
    (c) Effective Date.--The amendments made by this section apply to--
        (1) cases commenced on or after the date of the enactment of 
    this Act; and
        (2) appellate proceedings, in which an appeal is perfected, on 
    or after the date of the enactment of this Act.

SEC. 904. SEVERABILITY.

    If any provision of this Act, an amendment made by this Act, or the 
application of such provision or amendment to any person or 
circumstance is held to be unconstitutional, the remainder of this Act, 
the amendments made by this Act, and the application of the provisions 
of such to any person or circumstance shall not be affected thereby.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```