138
51 (relating to homicide); chapter 55 (relating to
kidnaping); chapter 65 (relating to malicious mis-
chief); 
chapter 
(relating 
to 
piracy 
and
privateering); chapter 84 (relating to Presidential
and Presidential staff assassination, kidnaping, and
assault); chapter 95 (relating to racketeering); chap-
ter 97 (relating to railroads); chapter 102 (relating
to riots); chapter 103 (relating to robbery and bur-
glary); chapter 105 (relating to sabotage); chapter
111 (relating to shipping); chapter 113A (relating to
terrorism); or chapter 113B (relating to torture);
‘‘(2) any felony offense under the following sec-
tions of this title: section 831 (relating to prohibited
transactions involving nuclear materials); section
956 (relating to conspiracy to injure property of for-
eign government); or section 1153 (relating to of-
fenses committed within Indian country);
‘‘(3) any felony offense under: section 2284 of
title 42 of the United States Code (relating to the
sabotage of nuclear facilities); sections 901 (i), (j),
(k), (l), (m), or (n) of the Federal Aviation Act of
1958 (49 U.S.C. App. 1472 (i), (j), (k), (l), (m) or
(n)); section 11(c)(2) of the Natural Gas Pipeline
Safety Act (49 U.S.C. App. 1679(c)(2)); or section
139
208(c)(2) of the Hazardous Liquid Pipeline Safety
Act (49 U.S.C. App. 2007(c)(2));
‘‘(4) any other United States offense punishable
by imprisonment for more than one year involving
murder, robbery, kidnaping, extortion, or malicious
destruction of property; or
‘‘(5) a conspiracy or attempt to commit any of
the foregoing offenses.
‘‘(d) The filing of an indictment of information alleg-
ing a violation of an offense constituting a violent act
which is also related to a civil forfeiture proceeding under
this section shall, upon motion of the United States and
for good cause shown, stay the civil forfeiture proceeding.
‘‘§ 984. Criminal forfeiture of property used to com-
mit violent acts
‘‘(a) Any person convicted of a violent act as defined
in section 983(c) of this title shall forfeit to the United
States, irrespective of any provision of State law, such per-
son’s interest in—
‘‘(1) any property constituting, or derived from,
any proceeds the person obtained, directly or indi-
rectly, as the result of such violent act; and
‘‘(2) any of the person’s property used, or in-
tended to be used, in any manner or part, to com-
140
mit, or to facilitate the commission of, such violent
act.
‘‘(b) The provisions of subsections (b), (c), and (e)–
(p) of section 413 of the Comprehensive Drug Abuse Pre-
vention and Control Act of 1970 (21 U.S.C. 853 (b), (c),
and (e)–(p)) shall apply to—
‘‘(1) property subject to forfeiture under sub-
section (a);
‘‘(2) any seizure or disposition of such property;
and
‘‘(3) any judicial proceeding in relation to such
property.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 46 of title 18, United States
Code, is amended by adding at the end the following:
‘‘983. Civil forfeiture of property used to commit violent acts.
‘‘984. Criminal forfeiture of property used to commit violent acts.’’.
SEC. 737. ENHANCED PENALTIES FOR CERTAIN OFFENSES.
(a) TITLE 50.—Title 50, United States Code, is
amended—
(1) in section 1705(b), by replacing ‘‘$50,000’’
with ‘‘$1,000,000’’; and
(2) in section 1705(a), by replacing ‘‘$10,000’’
with ‘‘$1,000,000’’.
(b) TITLE 18.—Title 18, United States Code, is
amended.—
141
(1) in section 1541, by replacing ‘‘$500’’ with
‘‘$250,000’’ and by replacing ‘‘one year’’ with ‘‘five
years’’;
(2) in sections 1542, 1543, 1544 and 1546, by
replacing ‘‘$2,000’’ with ‘‘$250,000’’ and by replac-
ing ‘‘five years’’ with ‘‘ten years’’; and
(3) in section 1545, by replacing ‘‘$2,000’’ with
‘‘$250,000’’ and by replacing ‘‘three years’’ with
‘‘ten years’’.
SEC. 738. SENTENCING GUIDELINES INCREASE FOR TER-
RORIST CRIMES.
The United States Sentencing Commission is directed
to amend its sentencing guidelines to provide an increase
of not less than three levels in the base offense level for
any felony, whether committed within or outside the Unit-
ed States, that involves or is intended to promote inter-
national terrorism, unless such involvement or intent is
itself an element of the crime.
Subtitle E—Antiterrorism Enforcement
Provisions
SEC. 
741. 
ALIENS 
COOPERATING 
IN 
TERRORIST 
OR
OTHER INVESTIGATIONS.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, whenever the Attorney General, or his des-
ignee, determines that the entry of a particular alien into
142
the United States for permanent residence or other status,
or where an alien is already present in the United States,
the award of permanent residence or other status, is in
the interest of national security, essential to the further-
ance of the national intelligence mission, important to the
United States public safety, or necessary to protect the
life of an individual who has provided cooperation to Fed-
eral law enforcement, such alien and his immediate family
shall be given entry into the United States and/or awarded
permanent residence or other status. Where the decision
to grant such entry or award of permanent residence or
other status is based on furtherance of the national intel-
ligence mission, the Attorney General shall consult with
the Director of the Central Intelligence Agency concerning
the decision.
(b) LIMIT ON NUMBER OF ALIENS.—The number of
aliens and members of their immediate families entering
the United States under the authority of this section shall
in no case exceed two hundred persons in any one fiscal
year. The decision to grant or deny permanent resident
or other status under this section is at the discretion of
the Attorney General and shall not be subject to judicial
review.
143
SEC. 742. AMENDMENT TO THE ALIEN ENEMY ACT.
Section 21 of title 50, United States Code, is amend-
ed by inserting ‘‘(a)’’ before ‘‘Whenever,’’ and by adding
the following new subsection:
‘‘(b) Whenever the President invokes the authority
contained in subsection (a) as to aliens of a hostile nation
or government and further determines that the United
States may also be subject to actual, attempted, or threat-
ened predatory incursions by aliens of other nations,
whether or not acting in concert with the hostile nation,
the President is authorized, by his proclamation thereof,
to include within the terms of subsection (a) and sections
22, 23, and 24, any and all other aliens within the United
States, or any subcategories or subclasses of such aliens,
by nationality or otherwise, as the President may so des-
ignate.’’.
SEC. 743. COUNTERINTELLIGENCE ACCESS TO TELEPHONE
RECORDS.
Section 2709 of title 18 of the United States Code
is amended by—
(1) striking out subsections (b) and (c); and
(2) inserting the following new subsections (b)
and (c):
‘‘(b) REQUIRED CERTIFICATION.—The Director of
the Federal Bureau of Investigation (or an individual
144
within the Federal Bureau of Investigation designated for
this purpose by the Director) may:
‘‘(1) request any such information and records
if the Director (or the Director’s designee) certifies
in writing to the wire or electronic communication
service provider to which the request is made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
‘‘(B) there are specific and articulable
facts giving reason to believe that the person or
entity about whom information is sought is a
foreign power or an agent of a foreign power as
defined in section 101 of the Foreign Intel-
ligence Surveillance Act of 1978 (50 U.S.C.
1801);
‘‘(2) request subscriber information regarding a
person or entity if the Director (or the Director’s
designee certifies in writing to the wire or electronic
communications service provider to which the re-
quest is made that—
‘‘(A) the information sought is relevant to
an authorized foreign counterintelligence inves-
tigation; and
145
‘‘(B) that information available to the FBI
indicates there is reason to believe that commu-
nication facilities registered in the name of the
person or entity have been used, through the
services of such provider, in communication
with a foreign power or an agent of a foreign
power as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801).
‘‘(c) PENALTY FOR DISCLOSURE.—No wire or elec-
tronic communication service provider, or officer, em-
ployee, or agent thereof, shall disclose to any person that
the Federal Bureau of Investigation has sought or ob-
tained access to information under this section. A knowing
violation of this section is punishable as a class A mis-
demeanor.’’.
SEC. 744. COUNTERINTELLIGENCE ACCESS TO CREDIT
RECORDS.
Section 1681(f) of title 15, United States Code, is
amended by inserting ‘‘(1)’’ before the existing paragraph
thereof, and by adding the following provisions:
‘‘(2) Notwithstanding the provisions of section
1681(b) of this title, a consumer reporting agency shall
furnish a consumer report to the Federal Bureau of Inves-
tigation (FBI) when presented with a request for a
146
consumer report made pursuant to this subsection by the
FBI: provided, That the Director of the FBI, or his des-
ignee, certifies in writing to the consumer reporting agen-
cy that such records are sought for counterintelligence
purposes and that there exists specific and articulable
facts giving reason to believe the person to whom the re-
quested consumer report relates is an agent of a foreign
power as defined in section 101 of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
‘‘(3) Notwithstanding the provisions of section
1681(b) of this title, a consumer reporting agency shall
furnish identifying information respecting any consumer
limited to name, address, former addresses, places of em-
ployment or former places of employment, to a representa-
tive of the FBI when presented with a written request
signed by the Director of the FBI, or his designee, stating
that the information is sought in connection with an au-
thorized foreign counterintelligence investigation.
‘‘(4) No consumer reporting agency, officer, em-
ployee, or agent of such institution, shall disclose to any
person that the FBI has sought or obtained a consumer
report, 
or 
identifying 
information 
respecting 
any
consumer. A knowing violation of this section is punish-
able as a class A misdemeanor.’’.
147
SEC. 745. AUTHORIZATION FOR INTERCEPTIONS OF COM-
MUNICATIONS.
(a) TITLE 50 Crimes.—Section 2516(1)(k) of title
18, United States Code, is amended by adding before the
‘‘;’’ the following: ‘‘, or of section 1701 and the following
of title 50, United States Code (relating to the Inter-
national Emergency Economic Powers Act); section 2410
appendix of title 50, United States Code (relating to the
Export Administration Act); or section 5 appendix of title
50, United States Code (relating to the Trading with the
Enemy Act)’’.
(b) TITLE 18 Crimes.— Section 2516(1) of title 18,
United States Code, is further amended—
(1) by redesignating subparagraph (o) as sub-
paragraph (p) and adding a new subparagraph (o)
as follows:
‘‘(o) any violation of section 956 or section 960
of title 18, United States Code (relating to certain
actions against foreign nations);’’; and
(2) in paragraph (c), by inserting before ‘‘or
section 1992 (relating to wrecking trains)’’ the fol-
lowing: ‘‘section 2332 (relating to terrorist acts
abroad), section 2339 (relating to weapons of mass
destruction), section 36 (relating to violence at air-
ports),’’.
148
SEC. 746. PARTICIPATION OF FOREIGN AND STATE GOV-
ERNMENT PERSONNEL IN INTERCEPTIONS
OF COMMUNICATIONS.
Section 2518(5) of title 18, United States Code, is
amended by inserting ‘‘(including personnel of a foreign
government or of a State or subdivision of a State)’’ after
‘‘Government personnel’’.
SEC. 747. DISCLOSURE OF INTERCEPTED COMMUNICA-
TIONS 
TO 
FOREIGN 
LAW 
ENFORCEMENT
AGENCIES.
Section 2510(7) of title 18, United States Code, is
amended by inserting before the semicolon ‘‘and addition-
ally, for purposes of section 2517 (1)–(2), any person au-
thorized to perform investigative, law enforcement, or
prosecutorial functions by a foreign government’’.
SEC. 748. EXTENSION OF THE STATUTE OF LIMITATIONS
FOR CERTAIN TERRORISM OFFENSES.
(a) IN GENERAL.—Chapter 213 of title 18, United
States Code, is amended by inserting after section 3285
the following:
‘‘§ 3286. Extension of statute of limitations for certain
terrorism offenses
‘‘Notwithstanding section 3282, no person shall be
prosecuted, tried, or punished for any offense involving a
violation of section 32 (aircraft destruction), section 36
(airport violence), section 112 (assaults upon diplomats),
149
section 351 (crimes against Congressmen or Cabinet offi-
cers), section 1116 (crimes against diplomats), section
1203 (hostage taking), section 1361 (willful injury to gov-
ernment property), section 1751 (crimes against the Presi-
dent), section 2280 (maritime violence), section 2281
(maritime platform violence), section 2332 (terrorist acts
abroad against United States nationals), section 2339 (use
of weapons of mass destruction), or section 2340A (tor-
ture) of this title or section 902 (i), (j), (k), (l), or (n)
of the Federal Aviation Act of 1958, as amended (49
U.S.C. App. 1572 (i), (j), (k), (l), or (n)), unless the in-
dictment is found or the information is instituted within
ten years next after such offense shall have been
committed.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of chapter 213 is amended by inserting
below the item for:
‘‘3285. Criminal contempt.’’
the following:
‘‘3286. Extension of statute of limitations for certain terrorism offenses.’’.
TITLE VIII—EQUAL JUSTICE ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ‘‘Equal Justice Act’’.
150
SEC. 802. PROHIBITION OF RACIALLY DISCRIMINATORY
POLICIES CONCERNING CAPITAL PUNISH-
MENT OR OTHER PENALTIES.
(a) IN GENERAL.—The penalty of death and all other
penalties shall be administered by the United States and
by every State without regard to the race or color of the
defendant or victim. Neither the United States nor any
State shall prescribe any racial quota or statistical test
for the imposition or execution of the death penalty or any
other penalty.
(b) DEFINITIONS.—For purposes of this title—
(1) the action of the United States or of a State
includes the action of any legislative, judicial, execu-
tive, administrative, or other agency or instrumental-
ity of the United States or a State, or of any politi-
cal subdivision of the United States or a State;
(2) the term ‘‘State’’ has the meaning given in
section 541 of title 18, United States Code; and
(3) the term ‘‘racial quota or statistical test’’
includes any law, rule, presumption, goal, standard
for establishing a prima facie case, or mandatory or
permissive inference that—
(A) requires or authorizes the imposition
or execution of the death penalty or another
penalty so as to achieve a specified racial pro-
151
portion relating to offenders, convicts, defend-
ants, arrestees, or victims; or
(B) requires or authorizes the invalidation
of, or bars the execution of, sentences of death
or other penalties based on the failure of a ju-
risdiction to achieve a specified racial propor-
tion relating to offenders, convicts, defendants,
arrestees, or victims in the imposition or execu-
tion of such sentences or penalties.
SEC. 803. GENERAL SAFEGUARDS AGAINST RACIAL PREJU-
DICE OR BIAS IN THE TRIBUNAL.
In a criminal trial in a court of the United States,
or of any State—
(1) on motion of the defense attorney or pros-
ecutor, the risk of racial prejudice or bias shall be
examined on voir dire if there is a substantial likeli-
hood in the circumstances of the case that such prej-
udice or bias will affect the jury either against or in
favor of the defendant;
(2) on motion of the defense attorney or pros-
ecutor, a change of venue shall be granted if an im-
partial jury cannot be obtained in the original venue
because of racial prejudice or bias; and
152
(3) neither the prosecutor nor the defense at-
torney shall make any appeal to racial prejudice or
bias in statements before the jury.
SEC. 804. FEDERAL CAPITAL CASES.
(a) JURY INSTRUCTIONS AND CERTIFICATION.—In a
prosecution for an offense against the United States in
which a sentence of death is sought, and in which the cap-
ital sentencing determination is to be made by a jury, the
judge shall instruct the jury that it is not to be influenced
by prejudice or bias relating to the race or color of the
defendant or victim in considering whether a sentence of
death is justified, and that the jury is not to recommend
the imposition of a sentence of death unless it has con-
cluded that it would recommend the same sentence for
such a crime regardless of the race or color of the defend-
ant or victim. Upon the return of a recommendation of
a sentence of death, the jury shall also return a certificate,
signed by each juror, that the juror’s individual decision
was not affected by prejudice or bias relating to the race
or color of the defendant or victim, and that the individual
juror would have made the same recommendation regard-
less of the race or color of the defendant or victim.
(b) RACIALLY MOTIVATED KILLINGS.—In a prosecu-
tion for an offense against the United States for which
a sentence of death is authorized, the fact that the killing
153
of the victim was motivated by racial prejudice or bias
shall be deemed an aggravating factor whose existence
permits consideration of the death penalty, in addition to
any other aggravating factors that may be specified by law
as permitting consideration of the death penalty.
(c) KILLINGS IN VIOLATION OF CIVIL RIGHTS STAT-
UTES.—Sections 241, 242, and 245(b) of title 18, United
States Code, are each amended by deleting ‘‘shall be sub-
ject to imprisonment for any term of years or for life’’
and inserting in lieu thereof ‘‘shall be punished by death
or imprisonment for any term of years or for life’’.
SEC. 805. FUNDING OBJECTIVE.
Section 501 of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3751) is amend-
ed by striking ‘‘and’’ following the semicolon in paragraph
(20), striking the period at the end of paragraph (21) and
inserting in lieu thereof ‘‘; and’’, and adding at the end
thereof the following new paragraph:
‘‘(22) providing, in all appropriate cases, par-
ticularly collateral and other post-conviction proceed-
ings, adequate resources and expertise to ensure
that the death penalty is expeditiously carried out.’’.
154
SEC. 806. EXTENSION OF PROTECTION OF CIVIL RIGHTS
STATUTES.
(a) SECTION 241.—Section 241 of title 18, United
States Code, is amended by deleting ‘‘inhabitant of’’ and
inserting in lieu thereof ‘‘person in’’.
(b) SECTION 242.—Section 242 of title 18, United
States Code, is amended by deleting ‘‘inhabitant of’’ and
inserting in lieu thereof ‘‘person in’’, and by deleting
‘‘such inhabitant’’ and inserting in lieu thereof ‘‘such
person’’.
TITLE IX—VICTIMS’ RIGHTS
SEC. 901. RESTITUTION AMENDMENTS.
(a) EXPANSION OF RESTITUTION.—Section 3663(b)
of title 18, United States Code, is amended by striking
‘‘and’’ following the semicolon in paragraph (3), redesig-
nating paragraph (4) as paragraph (5), and adding after
paragraph (3) the following:
‘‘(4) in any case, reimburse the victim for nec-
essary child care, transportation, and other expenses
related to participation in the investigation or pros-
ecution of the offense or attendance at proceedings
related to the offense; and’’.
(b) SUSPENSION
OF FEDERAL BENEFITS.—Sub-
sections (g) and (h) of section 3663 of title 18, United
States Code, are redesignated as subsections (h) and (i),
155
respectively, and a new subsection (g) is inserted as
follows:
‘‘(g)(1) If the defendant is delinquent in making res-
titution in accordance with any schedule of payments es-
tablished under subsection (f)(1) of this section, or any
requirement of immediate payment under subsection
(f)(3) of this section, the court may, after a hearing, sus-
pend the defendant’s eligibility for all Federal benefits
until such time as the defendant demonstrates to the court
good-faith efforts to return to such schedule.
‘‘(2) For purposes of this subsection—
‘‘(A) the term ‘Federal benefits’—
‘‘(i) means any grant, contract, loan, pro-
fessional license, or commercial license provided
by an agency of the United States or by appro-
priated funds of the United States; and
‘‘(ii) does not include any retirement, wel-
fare, Social Security, health, disability, veterans
benefit, public housing, or other similar benefit,
or any other benefit for which payments or
services are required for eligibility; and
‘‘(B) the term ‘veterans benefit’ means all bene-
fits provided to veterans, their families, or survivors
by virtue of the service of a veteran in the Armed
Forces of the United States.’’.
156
SEC. 902. VICTIM’S RIGHT OF ALLOCATION IN SENTENCING.
Rule 32 of the Federal Rules of Criminal Procedure
is amended by—
(1) striking ‘‘and’’ following the semicolon in
subdivision (a)(1)(B);
(2) striking the period at the end of subdivision
(a)(1)(C) and inserting in lieu thereof ‘‘; and’’;
(3) inserting after subdivision (a)(1)(C) the fol-
lowing:
‘‘(D) if sentence is to be imposed for a
crime of violence or sexual abuse, address the
victim personally if the victim is present at the
sentencing hearing and determine if the victim
wishes to make a statement and to present any
information in relation to the sentence.’’;
(4) in the second to last sentence of subdivision
(a)(1), striking ‘‘equivalent opportunity’’ and insert-
ing in lieu thereof ‘‘opportunity equivalent to that of
the defendant’s counsel’’;
(5) in the last sentence of subdivision (a)(1) in-
serting ‘‘the victim,’’ before ‘‘, or the attorney for
the Government.’’; and
(6) adding at the end the following:
‘‘(f) DEFINITIONS.—For purposes of this rule—
(1) ‘‘victims’’ means any individual against
whom an offense for which a sentence is to be im-
157
posed has been committed, but the right of allocu-
tion under subdivision (a)(1)(D) may be exercised
instead by—
‘‘(A) a parent or legal guardian in case the
victim is below the age of eighteen years or in-
competent; or
‘‘(B) one or more family members or rel-
atives designated by the court in case the victim
is deceased or incapacitated;
if such person or persons are present at the sentenc-
ing hearing, regardless of whether the victim is
present; and
‘‘(2) ‘crime or violence or sexual abuse’ means
a crime that involved the use or attempted or threat-
ened use of physical force against the person or
property of another, or a crime under chapter 109A
of title 18, United States Code.’’.
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