‘‘(B) for purposes of section 3146 of such
title the alien shall be considered released in
connection with a charge of an offense punish-
able by life imprisonment.
‘‘(2) NO REVIEW OF CONTINUED DETENTION.—
The determinations and actions of the Attorney
General pursuant to section 508(c)(2)(C) shall not
be subject to judicial review, including application
for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien’s
rights under the Constitution. Jurisdiction over any
such challenge shall lie exclusively in the United
States Court of Appeals for the District of Columbia
Circuit.
‘‘DETENTION AND CUSTODY
‘‘SEC. 508. (a) INITIAL CUSTODY.—
‘‘(1) UPON FILING APPLICATION.—Subject to
paragraphs (2) and (3), the Attorney General may
take into custody any alien with respect to whom an
application under section 503 has been filed and,
notwithstanding any other provision of law, may re-
tain such an alien in custody in accordance with the
procedures authorized by this title.
‘‘(2) SPECIAL
RULES
FOR
PERMANENT
RESI-
DENT ALIENS.—An alien lawfully admitted for per-
manent residence shall be entitled to a release hear-
ing before the judge assigned to hear the special re-
moval hearing. Such an alien shall be detained pend-
ing the special removal hearing, unless the alien
demonstrates to the court that—
‘‘(A) the alien, if released upon such terms
and conditions as the court may prescribe (in-
cluding the posting of any monetary amount),
is not likely to flee, and
‘‘(B) the alien’s release will not endanger
national security or the safety of any person or
the community.
The judge may consider classified information sub-
mitted in camera and ex parte in making a deter-
mination under this paragraph.
‘‘(3) RELEASE IF ORDER DENIED AND NO RE-
VIEW SOUGHT.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if a judge of the special removal
court denies the order sought in an application
with respect to an alien and the Department of
Justice does not seek review of such denial, the
alien shall be released from custody.
‘‘(B) APPLICATION
OF
REGULAR
PROCE-
DURES.—Subparagraph (A) shall not prevent
the arrest and detention of the alien pursuant
to title II.
‘‘(b) CONDITIONAL RELEASE IF ORDER DENIED AND
REVIEW SOUGHT.—
‘‘(1) IN GENERAL.—If a judge of the special re-
moval court denies the order sought in an applica-
tion with respect to an alien and the Department of
Justice seeks review of such denial, the judge shall
release the alien from custody subject to the least re-
strictive condition or combination of conditions of re-
lease described in section 3142(b) and clauses (i)
through (xiv) of section 3142(c)(1)(B) of title 18,
United States Code, that will reasonably assure the
appearance of the alien at any future proceeding
pursuant to this title and will not endanger the safe-
ty of any other person or the community.
‘‘(2) NO RELEASE FOR CERTAIN ALIENS.—If
the judge finds no such condition or combination of
conditions, the alien shall remain in custody until
the completion of any appeal authorized by this title.
‘‘(c) CUSTODY AND RELEASE AFTER HEARING.—
‘‘(1) RELEASE.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), if the judge decides pursuant to sec-
tion 505(i) that an alien should not be removed,
the alien shall be released from custody.
‘‘(B) CUSTODY PENDING APPEAL.—If the
Attorney General takes an appeal from such de-
cision, the alien shall remain in custody, subject
to the provisions of section 3142 of title 18,
United States Code.
‘‘(2) CUSTODY AND REMOVAL.—
‘‘(A) CUSTODY.—If the judge decides pur-
suant to section 505(i) that an alien shall be re-
moved, the alien shall be detained pending the
outcome of any appeal. After the conclusion of
any judicial review thereof which affirms the re-
moval order, the Attorney General shall retain
the alien in custody and remove the alien to a
country specified under subparagraph (B).
‘‘(B) REMOVAL.—
‘‘(i) IN GENERAL.—The removal of an
alien shall be to any country which the
alien shall designate if such designation
does not, in the judgment of the Attorney
General, in consultation with the Secretary
of State, impair the obligation of the
United States under any treaty (including
a treaty pertaining to extradition) or other-
wise adversely affect the foreign policy of
the United States.
‘‘(ii) ALTERNATE COUNTRIES.—If the
alien refuses to designate a country to
which the alien wishes to be removed or if
the Attorney General, in consultation with
the Secretary of State, determines that re-
moval of the alien to the country so des-
ignated would impair a treaty obligation or
adversely affect United States foreign pol-
icy, 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 cus-
tody. 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 represent-
ing the alien at the special removal hearing a
written report on the Attorney General’s ef-
forts. Any alien in custody pursuant to this
subparagraph shall be released from custody
solely at the discretion of the Attorney General
and subject to such conditions as the Attorney
General shall deem appropriate.
‘‘(D) FINGERPRINTING.—Before an alien
is transported out of the United States pursu-
ant to this subsection, or pursuant to an order
of exclusion because such alien is excludable
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be
advised of the provisions of section 276(b).
‘‘(d) CONTINUED DETENTION PENDING TRIAL.—
‘‘(1) DELAY
IN
REMOVAL.—Notwithstanding
the provisions of subsection (c)(2), the Attorney
General may hold in abeyance the removal of an
alien who has been ordered removed pursuant to this
title to allow the trial of such alien on any Federal
or State criminal charge and the service of any sen-
tence of confinement resulting from such a trial.
‘‘(2) MAINTENANCE OF CUSTODY.—Pending the
commencement of any service of a sentence of con-
finement by an alien described in paragraph (1),
such an alien shall remain in the custody of the At-
torney General, unless the Attorney General deter-
mines that temporary release of the alien to the cus-
tody of State authorities for confinement in a State
facility is appropriate and would not endanger na-
tional 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 comple-
tion of State criminal proceedings which do not re-
sult in a sentence of confinement of an alien released
to the custody of State authorities pursuant to para-
graph (2), such an alien shall be returned to the
custody of the Attorney General who shall proceed
to carry out the provisions of subsection (c)(2) con-
cerning removal of the alien.
‘‘(e) APPLICATION OF CERTAIN PROVISIONS RELAT-
ING TO ESCAPE OF PRISONERS.—For purposes of sections
751 and 752 of title 18, United States Code, an alien in
the custody of the Attorney General pursuant to this title
shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of
a felony.
‘‘(f) RIGHTS OF ALIENS IN CUSTODY.—
‘‘(1) FAMILY AND ATTORNEY VISITS.—An alien
in the custody of the Attorney General pursuant to
this title shall be given reasonable opportunity to
communicate with and receive visits from members
of the alien’s family, and to contact, retain, and
communicate with an attorney.
‘‘(2) DIPLOMATIC CONTACT.—An alien in the
custody of the Attorney General pursuant to this
title shall have the right to contact an appropriate
diplomatic or consular official of the alien’s country
of citizenship or nationality or of any country pro-
viding representation services therefore. The Attor-
ney 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 sec-
tion 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 para-
graph (2) and inserting ‘‘; or’’, and
(3) by inserting after paragraph (2) the follow-
ing 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, with-
out the permission of the Attorney General, enters
the United States or attempts to do so shall be fined
under title 18, United States Code, and imprisoned
for a period of 10 years, which sentence shall not
run concurrently with any other sentence.’’.
(d) ELIMINATION OF CUSTODY REVIEW BY HABEAS
CORPUS.—Section 106(a) of such Act (8 U.S.C.
1105a(a)) is amended—
(1) by adding ‘‘and’’ at the end of paragraph
(8),
(2) by striking ‘‘; and’’ at the end of paragraph
(9) and inserting a period, and
(3) by striking paragraph (10).
(e) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to all aliens without regard
to the date of entry or attempted entry into the United
States.
SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF
ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there
are authorized to be appropriated for each fiscal year (be-
ginning with fiscal year 1996) $5,000,000 to the Immigra-
tion and Naturalization Service for the purpose of detain-
ing and removing alien terrorists.
PART 2—EXCLUSION AND DENIAL OF ASYLUM
FOR ALIEN TERRORISTS
SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS
GROUND FOR EXCLUSION.
(a) IN GENERAL.—Section 212(a)(3)(B) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(3)(B))
is amended—
(1) in clause (i)—
(A) by striking ‘‘or’’ at the end of
subclause (I),
(B) in subclause (II), by inserting ‘‘en-
gaged in or’’ after ‘‘believe,’’, and
(C) by inserting after subclause (II) the
following:
‘‘(III) is a representative of a ter-
rorist organization, or
‘‘(IV) is a member of a terrorist
organization which the alien knows or
should have known is a terrorist orga-
nization,’’; and
(2) by adding at the end the following:
‘‘(iv) TERRORIST ORGANIZATION DE-
FINED.—
‘‘(I) DESIGNATION.—For pur-
poses of this Act, the term ‘terrorist
organization’ means a foreign organi-
zation designated in the Federal Reg-
ister as a terrorist organization by the
Secretary of State, in consultation
with the Attorney General, based
upon a finding that the organization
engages in, or has engaged in, terror-
ist activity that threatens the national
security of the United States.
‘‘(II) PROCESS.—At least 3 days
before designating an organization as
a terrorist organization through publi-
cation in the Federal Register, the
Secretary of State, in consultation
with the Attorney General, shall notify
the Committees on the Judiciary of
designation, seek judicial review there-
of in the United States Court of Ap-
peals for the District of Columbia Cir-
cuit. Such review shall be based solely
upon the administrative record, except
that the Government may submit, for
ex parte and in camera review, classi-
fied information considered in making
the designation. The court shall hold
unlawful and set aside the designation
if the court finds the designation to be
arbitrary, capricious, an abuse of dis-
cretion, or otherwise not in accord-
ance with law, lacking substantial
support in the administrative record
taken as a whole or in classified infor-
mation submitted to the court under
the previous sentence, contrary to
constitutional right, power, privilege,
or immunity, or not in accord with the
procedures required by law.
‘‘(IV) CONGRESSIONAL AUTHOR-
ITY TO REMOVE DESIGNATION.—The
Congress reserves the authority to re-
move, by law, the designation of an
organization as a terrorist organiza-
tion for purposes of this Act.
‘‘(V) 
SUNSET.—Subject 
to
subclause (IV), the designation under
this clause of an organization as a
terrorist organization shall be effective
for a period of 2 years from the date
of the initial publication of the terror-
ist organization designation by the
Secretary of State. At the end of such
period (but no sooner than 60 days
prior to the termination of the 2-year-
designation period), the Secretary of
State, in consultation with the Attor-
ney General, may redesignate the or-
ganization in conformity with the re-
quirements of this clause for designa-
tion of the organization.
‘‘(VI) OTHER AUTHORITY TO RE-
MOVE
DESIGNATION.—The Secretary
of State, in consultation with the At-
torney General, may remove the ter-
rorist organization designation from
any organization previously designated
as such an organization, at any time,
100
so long as the Secretary publishes no-
tice of the removal in the Federal
Register. The Secretary is not re-
quired to report to Congress prior to
so removing such designation.
‘‘(v) REPRESENTATIVE DEFINED.—In
this subparagraph, the term ‘representa-
tive’ includes an officer, official, or spokes-
man of the organization and any person
who directs, counsels, commands or in-
duces the organization or its members to
engage in terrorist activity. The determina-
tion by the Secretary of State or the Attor-
ney General that an alien is a representa-
tive of a terrorist organization shall be
subject to judicial review.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) IN GENERAL.—Section 208(a) of the Immigra-
tion 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
101
(I), (II), or (III) of section 212(a)(3)(B)(i) or deportable
under section 241(a)(4)(B).’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act and apply to asylum determinations made
on or after such date.
SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERROR-
ISTS.
(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 rea-
sonable 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 deport-
able’’.
102
(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 citizen-
ship’’.
(f) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to applications filed before, on,
or after such date if final action has not been taken on
them before such date.
Subtitle B—Expedited Exclusion
SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION
OFFICERS.
(a) IN GENERAL.—Subsection (b) of section 235 of
the Immigration and Nationality Act (8 U.S.C. 1225) is
amended to read as follows:
‘‘(b)(1)(A) If the examining immigration officer de-
termines that an alien seeking entry—
‘‘(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
103
‘‘(ii) does not indicate either an intention to
apply for asylum under section 208 or a fear of per-
secution,
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 inter-
view 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 deter-
mines that the alien does not have a credible fear of perse-
cution, the officer shall order the alien excluded from the
United States without further hearing or review.
‘‘(II) The Attorney General shall promulgate regula-
tions to provide for the immediate review by a supervisory
asylum office at the port of entry of a determination under
subclause (I).
104
‘‘(iv) The Attorney General shall provide information
concerning the asylum interview described in this subpara-
graph to aliens who may be eligible. An alien who is eligi-
ble for such interview may consult with a person or per-
sons 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 of-
ficer’ 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,
105
except that the Attorney General shall provide by regula-
tion 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 ju-
risdiction 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 enti-
tled to enter, the alien shall be detained for a hearing be-
fore 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 offi-
cer, if favorable to the admission of any alien, shall be
106
subject to challenge by any other immigration officer and
such challenge shall operate to take the alien whose privi-
lege to enter is so challenged, before a special inquiry offi-
cer for a hearing on exclusion of the alien.’’.
(b) CONFORMING AMENDMENT.—Section 237(a) of
such Act (8 U.S.C. 1227(a)) is amended—
(1) in the second sentence of paragraph (1), by
striking ‘‘Deportation’’ and inserting ‘‘Subject to
section 235(b)(1), deportation’’, and
(2) in the first sentence of paragraph (2), by
striking ‘‘If’’ and inserting ‘‘Subject to section
235(b)(1), if’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the first day of the first
month that begins more than 90 days after the date of
the enactment of this Act.
SEC. 622. JUDICIAL REVIEW.
(a) PRECLUSION
OF JUDICIAL REVIEW.—Section
106 of the Immigration and Nationality Act (8 U.S.C.
1105a) is amended—
(1) by amending the section heading to read as
follows:
‘‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND
EXCLUSION, AND SPECIAL EXCLUSION’’; and
(2) by adding at the end the following new sub-
section:
107
‘‘(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, injunc-
tive, 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 lim-
ited 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 spe-
cially excluded under section 235(b)(1)(A); and
‘‘(C) whether the petitioner can prove by a pre-
ponderance 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 Attor-
ney General pursuant to section 235(b)(1)(E)(i).
108
‘‘(3) In any case where the court determines that an
alien was not ordered specially excluded, or was not prop-
erly 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 accord-
ance with section 235(c) or 273(d).
‘‘(4) In determining whether an alien has been or-
dered specially excluded, the court’s inquiry shall be lim-
ited to whether such an order was in fact issued and
whether it relates to the petitioner.’’.
(b) PRECLUSION OF COLLATERAL ATTACKS.—Sec-
tion 235 of such Act (8 U.S.C. 1225) is amended by add-
ing at the end the following new subsection:
‘‘(d) In any action brought for the assessment of pen-
alties for improper entry or re-entry of an alien under sec-
tion 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.’’.
109
SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN IN-
SPECTED AND ADMITTED.
(a) IN GENERAL.—Section 241 of the Immigration
and Nationality Act (8 U.S.C. 1251) is amended by add-
ing 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 ad-
mitted 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 Attor-
ney General under chapter 4. In the case of such an alien
the Attorney General shall provide by regulation an oppor-
tunity for the alien to establish that the alien was so ad-
mitted.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the first day of the first
month beginning more than 90 days after the date of the
enactment of this Act.
110
Subtitle C—Improved Information
and Processing
PART 1—IMMIGRATION PROCEDURES
SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES
THROUGH COURT ORDER.
(a) LEGALIZATION PROGRAM.—Section 245A(c)(5)
of the Immigration and Nationality Act (8 U.S.C.
1255a(c)(5)) is amended—
(1) by inserting ‘‘(i)’’ after ‘‘except that the At-
torney General’’, and
(2) by inserting after ‘‘title 13, United States
Code’’ the following: ‘‘and (ii) may authorize an ap-
plication 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 pur-
poses against the alien whose application is to
be disclosed if the alleged criminal activity oc-
curred after the legalization application was
filed and such activity involves terrorist activity
or poses either an immediate risk to life or to
111
national security, or would be prosecutable as
an aggravated felony, but without regard to the
length of sentence that could be imposed on the
applicant’’.
(b) SPECIAL AGRICULTURAL WORKER PROGRAM.—
Section 210(b) of such Act (8 U.S.C. 1160(b)) is amend-
ed—
(1) in paragraph (5), by inserting ‘‘, except as
allowed by a court order issued pursuant to para-
graph (6)’’ after ‘‘consent of the alien’’, and
(2) in paragraph (6), by inserting after sub-
paragraph (C) the following:
‘‘Notwithstanding the previous sentence, the Attor-
ney General may authorize an application to a Fed-
eral court of competent jurisdiction for, and a judge
of such court may grant, an order authorizing dis-
closure of information contained in the application of
the alien to be used (i) for identification of the alien
when there is reason to believe that the alien has
been killed or severely incapacitated, or (ii) for
criminal law enforcement purposes against the alien
whose application is to be disclosed if the alleged
criminal activity occurred after the special agricul-
tural worker application was filed and such activity
involves terrorist activity or poses either an imme-
112
diate risk to life or to national security, or would be
prosecutable as an aggravated felony, but without
regard to the length of sentence that could be im-
posed on the applicant.’’.
SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF
DENIAL OF APPLICATION FOR VISAS.
Section 212(b) of the Immigration and Nationality
Act (8 U.S.C. 1182(b)) is amended—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ‘‘If’’ and inserting ‘‘(1) Subject
to paragraph (2), if’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) With respect to applications for visas, the Sec-
retary of State may waive the application of paragraph
(1) in the case of a particular alien or any class or classes
of aliens excludable under subsection (a)(2) or (a)(3).’’.
PART 2—ASSET FORFEITURE FOR PASSPORT
AND VISA OFFENSES
SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA
RELATED OFFENSES.
Section 982 of title 18, United States Code, is
amended—
113
(1) in subsection (a), by inserting after para-
graph (5) the following new paragraph:
‘‘(6) The court, in imposing sentence on a person con-
victed of a violation of, or conspiracy to violate, section
1541, 1542, 1543, 1544, or 1546 of this title, or a viola-
tion of, or conspiracy to violate, section 1028 of this title
if committed in connection with passport or visa issuance
or use, shall order that the person forfeit to the United
States any property, real or personal, which the person
used, or intended to be used, in committing, or facilitating
the commission of, the violation, and any property con-
stituting, or derived from, or traceable to, any proceeds
the person obtained, directly or indirectly, as a result of
such violation.’’; and
(2) in subsection (b)(1)(B), by inserting ‘‘or
(a)(6)’’ after ‘‘(a)(2)’’.
SEC. 642. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is
amended by inserting ‘‘1028, 1541, 1542, 1543, 1544,
1546,’’ before ‘‘1956’’.
SEC. 643. EFFECTIVE DATE.
The amendments made by this subtitle shall take ef-
fect on the first day of the first month that begins more
than 90 days after the date of the enactment of this Act.
114
Subtitle D—Employee Verification
by Security Services Companies
SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO
REQUEST ADDITIONAL DOCUMENTATION.
(a) IN GENERAL.—Section 274B(a)(6) of the Immi-
gration and Nationality Act (8 U.S.C. 1324b(a)(6)) is
amended—
(1) by striking ‘‘For purposes’’ and inserting
‘‘(A) Except as provided in subparagraph (B), for
purposes’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) Subparagraph (A) shall not apply to a re-
quest made in connection with an individual seeking
employment in a company (or division of a company)
engaged in the business of providing security serv-
ices to protect persons, institutions, buildings, or
other possible targets of international terrorism (as
defined in section 2331(1) of title 18, United States
Code).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to requests for documents made
on or after the date of the enactment of this Act with
respect to individuals who are or were hired before, on,
or after the date of the enactment of this Act.
115
Subtitle E—Criminal Alien
Deportation Improvements
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ‘‘Criminal Alien De-
portation Improvements Act of 1995’’.
SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AG-
GRAVATED FELONY.
(a) IN GENERAL.—Section 101(a)(43) of the Immi-
gration and Nationality Act (8 U.S.C. 1101(a)(43)), as
amended by section 222 of the Immigration and National-
ity 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 organiza-
tions)’’;
(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 follow-
ing new clause:
116
‘‘(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 ad-
vantage; 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 im-
prisonment) 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 (re-
lating to document fraud) and (ii) for which the
term of imprisonment imposed (regardless of
any suspension of such imprisonment) is at
least 18 months;’’
117
(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), respec-
tively;
(7) by inserting after subparagraph (N) the fol-
lowing new subparagraph:
‘‘(O) an offense described in section 275(a)
or 276 committed by an alien who was pre-
viously 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;
118
‘‘(T) an offense relating to a failure to ap-
pear before a court pursuant to a court order
to answer to or dispose of a charge of a felony
for which a sentence of 2 years’ imprisonment
or more may be imposed; and’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to convictions entered on or
after the date of the enactment of this Act, except that
the amendment made by subsection (a)(3) shall take effect
as if included in the enactment of section 222 of the Immi-
gration and Nationality Technical Corrections Act of
1994.
SEC. 
663. 
DEPORTATION 
PROCEDURES 
FOR 
CERTAIN
CRIMINAL ALIENS WHO ARE NOT PERMA-
NENT 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 sub-
paragraph (A) and inserting ‘‘or’’, and
(B) by amending subparagraph (B) to read
as follows:
119
‘‘(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), respec-
tively; 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 proceed-
ing 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:
120
‘‘(5) No alien described in this section shall be
eligible for any relief from deportation that the At-
torney 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 Vio-
lent 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 pre-
sumed to be deportable from the United States.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to all aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
121
SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION
BASED ON 7 YEARS PERMANENT RESIDENCE
FOR CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigra-
tion and Nationality Act (8 U.S.C. 1182(c)) is amended
by striking ‘‘has served for such felony or felonies’’ and
all that follows through the period and inserting ‘‘has been
sentenced for such felony or felonies to a term of imprison-
ment of at least 5 years, if the time for appealing such
conviction or sentence has expired and the sentence has
become final.’’.
SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UN-
DERLYING DEPORTATION ORDER.
(a) IN GENERAL.—Section 276 of the Immigration
and Nationality Act (8 U.S.C. 1326) is amended by add-
ing at the end the following new subsection:
‘‘(c) In a criminal proceeding under this section, an
alien may not challenge the validity of the deportation
order described in subsection (a)(1) or subsection (b) un-
less 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
122
‘‘(3) the entry of the order was fundamentally
unfair.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to criminal proceedings initiated
after the date of the enactment of this Act.
SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322) is
amended to read as follows:
‘‘(a) OPERATION AND PURPOSE.—The Commissioner
of Immigration and Naturalization shall, under the au-
thority of section 242(a)(3)(A) of the Immigration and
Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a crimi-
nal alien identification system. The criminal alien identi-
fication system shall be used to assist Federal, State, and
local law enforcement agencies in identifying and locating
aliens who may be subject to deportation by reason of
their conviction of aggravated felonies.’’.
SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RE-
LATED 
CRIMES 
AS 
RICO-PREDICATE 
OF-
FENSES.
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 identi-
124
certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral
purpose) if the act indictable under such section of
such Act was committed for the purpose of financial
gain’’.
SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGA-
TIONS.
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 para-
graph (p), and
(3) by inserting after paragraph (n) the follow-
ing new paragraph:
‘‘(o) a felony violation of section 1028 (relating
to production of false identification documents), sec-
tion 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’’.
125
SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR
CRIMES OF MORAL TURPITUDE.
(a) IN GENERAL.—Section 241(a)(2)(A)(i)(II) of the
Immigration 
and 
Nationality 
Act 
(8 
U.S.C.
1251(a)(2)(A)(i)(II)) is amended to read as follows:
‘‘(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to aliens against whom deporta-
tion proceedings are initiated after the date of the enact-
ment of this Act.
SEC. 670. PAYMENTS TO POLITICAL SUBDIVISIONS FOR
COSTS OF INCARCERATING ILLEGAL ALIENS.
Amounts appropriated to carry out section 501 of the
Immigration Reform and Control Act of 1986 for fiscal
year 1995 shall be available to carry out section 242(j)
of the Immigration and Nationality Act in that fiscal year
with respect to undocumented criminal aliens incarcerated
under the authority of political subdivisions of a State.
SEC. 671. MISCELLANEOUS PROVISIONS.
(a) USE OF ELECTRONIC AND TELEPHONIC MEDIA
IN DEPORTATION HEARINGS.—The second sentence of
section 242(b) of the Immigration and Nationality Act (8
U.S.C. 1252(b)) is amended by inserting before the period
the following: ‘‘; except that nothing in this subsection
126
shall preclude the Attorney General from authorizing pro-
ceedings by electronic or telephonic media (with the con-
sent 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 follow-
ing: ‘‘Nothing in this subsection shall be construed
to create any substantive or procedural right or ben-
efit 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 Nation-
ality 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 Correc-
tions Act of 1994 (Public Law 103–416).
SEC. 672. CONSTRUCTION OF EXPEDITED DEPORTATION
REQUIREMENTS.
No amendment made by this Act shall be construed
to create any substantive or procedural right or benefit
127
that is legally enforceable by any party against the United
States or its agencies or officers or any other person.
SEC. 673. STUDY OF PRISONER TRANSFER TREATY WITH
MEXICO.
(a) REPORT TO CONGRESS.—Not later than 180 days
after the date of the enactment of this Act, the Secretary
of State and the Attorney General shall submit to the Con-
gress a report that describes the use and effectiveness of
the Prisoner Transfer Treaty with Mexico (in this section
referred to as the ‘‘Treaty’’) to remove from the United
States aliens who have been convicted of crimes in the
United States.
(b) USE OF TREATY.—The report under subsection
(a) shall include the following information:
(1) The number of aliens convicted of a crimi-
nal offense in the United States since November 30,
1977, who would have been or are eligible for trans-
fer pursuant to the Treaty.
(2) The number of aliens described in para-
graph (1) who have been transferred pursuant to the
Treaty.
(3) The number of aliens described in para-
graph (2) who have been incarcerated in full compli-
ance with the Treaty.
128
(4) The number of aliens who are incarcerated
in a penal institution in the United States who are
eligible for transfer pursuant to the Treaty.
(5) The number of aliens described in para-
graph (4) who are incarcerated in State and local
penal institutions.
(c) EFFECTIVENESS OF TREATY.—The report under
subsection (a) shall include the recommendations of the
Secretary of State and the Attorney General to increase
the effectiveness and use of, and full compliance with, the
Treaty. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall
consult with such State and local officials in areas dis-
proportionately impacted by aliens convicted of criminal
offenses as the Secretary and the Attorney General con-
sider appropriate. Such recommendations shall address
the following areas:
(1) Changes in Federal laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal
offense in the United States.
(2) Changes in State and local laws, regula-
tions, and policies affecting the identification, pros-
ecution, and deportation of aliens who have commit-
ted a criminal offense in the United States.
129
(3) Changes in the Treaty that may be nec-
essary to increase the number of aliens convicted of
crimes who may be transferred pursuant to the
Treaty.
(4) Methods for preventing the unlawful re-
entry into the United States of aliens who have been
convicted of criminal offenses in the United States
and transferred pursuant to the Treaty.
(5) Any recommendations of appropriate offi-
cials of the Mexican Government on programs to
achieve the goals of, and ensure full compliance
with, the Treaty.
(6) An assessment of whether the recommenda-
tions under this subsection require the renegotiation
of the Treaty.
(7) The additional funds required to implement
each recommendation under this subsection.
SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING
TO JUSTICE ALIENS WHO FLEE PROSECU-
TION FOR CRIMES IN THE UNITED STATES.
(a) ASSISTANCE TO STATES.—The Attorney General,
in cooperation with the Commissioner of Immigration and
Naturalization and the Secretary of State, shall designate
an office within the Department of Justice to provide tech-
nical and prosecutorial assistance to States and political
130
subdivisions of States in efforts to bring to justice aliens
who flee prosecution for crimes in the United States.
(b) REPORT TO CONGRESS.—Not later than one year
after the date of the enactment of this Act, the Attorney
General shall compile and submit to the Congress a report
which assesses the nature and extent of the problem of
bringing to justice aliens who flee prosecution for crimes
in the United States.
SEC. 675. PRISONER TRANSFER TREATIES.
(a) NEGOTIATION.—Congress advises the President
to begin to negotiate and renegotiate, not later than 90
days after the date of the enactment of this Act, bilateral
prisoner transfer treaties. The focus of such negotiations
shall be to expedite the transfer of aliens unlawfully in
the United States who are incarcerated in United States
prisons, to ensure that a transferred prisoner serves the
balance of the sentence imposed by the United States
courts, and to eliminate any requirement of prisoner con-
sent to such a transfer.
(b) CERTIFICATION.—The President shall submit to
the Congress, annually, a certification as to whether each
prisoner transfer treaty in force is effective in returning
aliens unlawfully in the United States who have committed
offenses for which they are incarcerated in the United
131
States to their country of nationality for further incarcer-
ation.
SEC. 676. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment
of this Act, the Attorney General and the Commissioner
of Immigration and Naturalization shall develop and im-
plement a program in which aliens who previously have
illegally entered the United States not less than 3 times
and are deported or returned to a country contiguous to
the United States will be returned to locations not less
than 500 kilometers from that country’s border with the
United States.
SEC. 677. DEPORTATION OF NONVIOLENT OFFENDERS
PRIOR TO COMPLETION OF SENTENCE OF IM-
PRISONMENT.
(a) IN GENERAL.—Section 242(h) of the Immigra-
tion 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, proba-
tion, or possibility of rearrest or further confinement in
respect of the same offense shall not be a ground for defer-
ral of deportation.
132
‘‘(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 imprison-
ment—
‘‘(A) in the case of an alien in the custody of
the Attorney General, if the Attorney General deter-
mines 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 smug-
gling), (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,
133
particularly the expanded penalties for aliens deported
under paragraph (2).’’.
(b) REENTRY OF ALIEN DEPORTED PRIOR TO COM-
PLETION OF TERM OF IMPRISONMENT.—Section 276 of
the Immigration and Nationality Act (8 U.S.C. 1326)
amended by adding at the end the following new sub-
section:
‘‘(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 impris-
onment which was pending at the time of deportation
without any reduction for parole or supervised release.
Such alien shall be subject to such other penalties relating
to the reentry of deported aliens as may be available under
this section or any other provision of law.’’.
TITLE VII—AUTHORIZATION AND
FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAIN-
ING.
The Attorney General may award grants in consulta-
tion with the Federal Emergency Management Agency for
the purposes of providing specialized training or equip-
ment to enhance the capability of metropolitan fire and
134
emergency service departments to respond to terrorist at-
tacks. To carry out the purposes of this section, there is
authorized to be appropriated $5,000,000 for fiscal year
1996.
SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PRO-
CURE EXPLOSIVE DETECTION DEVICES AND
OTHER COUNTER-TERRORISM TECHNOLOGY.
There is authorized to be appropriated not to exceed
$10,000,000 for fiscal years 1996 and 1997 to the Presi-
dent to provide assistance to foreign countries facing an
imminent danger of terrorist attack that threatens the na-
tional interest of the United States or puts United States
nationals at risk—
(1) in obtaining explosive detection devices and
other counter-terrorism technology; and
(2) in conducting research and development
projects on such technology.
SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT
COUNTER-TERRORISM TECHNOLOGIES.
There are authorized to be appropriated not to exceed
$10,000,000 to the National Institute of Justice Science
and Technology Office—
(1) to develop technologies that can be used to
combat terrorism, including technologies in the areas
of—
135
(A) detection of weapons, explosives,
chemicals, and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy
of products produced and compatibility with relevant
national systems; and
(3) to identify and assess requirements for tech-
nologies to assist State and local law enforcement in
the national program to combat terrorism.
TITLE VIII—MISCELLANEOUS
SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS
FOR THE PURCHASE AND USE OF HIGH EX-
PLOSIVES.
The Secretary of the Treasury, in consultation with
the Federal Bureau of Investigation, shall conduct a study
of State licensing requirements for the purchase and use
of commercial high explosives, including detonators, deto-
nating cords, dynamite, water gel, emulsion, blasting
agents, and boosters. Not later than 180 days after the
date of the enactment of this Act, the Secretary shall re-
port to Congress the results of this study, together with
136
any recommendations the Secretary determines are appro-
priate.
SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.
(a) REQUIRING
COMPENSATION
FOR
TERRORIST
CRIMES.—Section 1403(d)(3) of the Victims of Crime Act
of 1984 (42 U.S.C. 10603(d)(3)) is amended—
(1) by inserting ‘‘crimes involving terrorism,’’
before ‘‘driving while intoxicated’’; and
(2) by inserting a comma after ‘‘driving while
intoxicated’’.
(b) FOREIGN TERRORISM.—Section 1403(b)(6)(B) of
the Victims of Crime Act of 1984 (42 U.S.C.
10603(b)(6)(B)) is amended by inserting ‘‘are outside the
United States (if the compensable crime is terrorism, as
defined in section 2331 of title 18, United States Code),
or’’ before ‘‘are States not having’’.
SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERROR-
IST 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 para-
graph (5);
137
(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 mate-
rial support or resources (as defined in section
2339A of title 18) for such an act if such act or pro-
vision of material support is engaged in by an offi-
cial, employee, or agent of such foreign state while
acting within the scope of his or her office, employ-
ment, or agency, except that—
‘‘(A) an action under this paragraph shall
not be instituted unless the claimant first af-
fords the foreign state a reasonable opportunity
to arbitrate the claim in accordance with ac-
cepted international rules of arbitration;
‘‘(B) an action under this paragraph shall
not be maintained unless the act upon which
the claim is based occurred while the individual
bringing the claim was a national of the United
States (as that term is defined in section
138
101(a)(22) of the Immigration and Nationality
Act); and
‘‘(C) the court shall decline to hear a claim
under this paragraph if the foreign state
against whom the claim has been brought es-
tablishes that procedures and remedies are
available in such state which comport with fun-
damental fairness and due process.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) For purposes of paragraph (7) of subsection
(a)—
‘‘(1) the terms ‘torture’ and ‘extrajudicial kill-
ing’ 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 mean-
ing given that term in Article 1 of the Convention
for the Suppression of Unlawful Acts Against the
Safety of Civil Aviation.’’.
(b) EXCEPTION
TO
IMMUNITY
FROM
ATTACH-
MENT.—
139
(1) FOREIGN STATE.—Section 1610(a) of title
28, United States Code, is amended—
(A) by striking the period at the end of
paragraph (6) and inserting ‘‘, or’’; and
(B) by adding at the end the following new
paragraph:
‘‘(7) the judgment relates to a claim for which
the foreign state is not immune under section
1605(a)(7), regardless of whether the property is or
was involved with the act upon which the claim is
based.’’.
(2) AGENCY
OR
INSTRUMENTALITY.—Section
1610(b)(2) of such title is amended—
(A) by striking ‘‘or (5)’’ and inserting
‘‘(5), or (7)’’; and
(B) by striking ‘‘used for the activity’’ and
inserting ‘‘involved in the act’’.
(c) APPLICABILITY.—The amendments made by this
title shall apply to any cause of action arising before, on,
or after the date of the enactment of this Act.
140
SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL
MATERIAL ON THE MAKING OF BOMBS, DE-
STRUCTIVE 
DEVICES, 
AND 
WEAPONS 
OF
MASS DESTRUCTION.
(a) STUDY.—The Attorney General, in consultation
with such other officials and individuals as the Attorney
General deems appropriate, shall conduct a study concern-
ing—
(1) the extent to which there are available to
the public material in any medium (including print,
electronic, or film) that instructs how to make
bombs, other destructive devices, and weapons of
mass destruction;
(2) the extent to which information gained from
such material has been used in incidents of domestic
and international terrorism;
(3) the likelihood that such information may be
used in future incidents of terrorism; and
(4) the application of existing Federal laws to
such material, the need and utility, if any, for addi-
tional laws, and an assessment of the extent to
which the First Amendment protects such material
and its private and commercial distribution.
(b) REPORT.—Not later than 180 days after the date
of the enactment of this Act, the Attorney General shall
submit to the Congress a report that contains the results
141
of the study required by this section. The Attorney Gen-
eral shall make the report available to the public.
SEC. 805. COMPILATION OF STATISTICS RELATING TO IN-
TIMIDATION OF GOVERNMENT EMPLOYEES.
(a) FINDINGS.—Congress finds that—
(1) threats of violence and acts of violence are
mounting against Federal, State, and local govern-
ment employees and their families in attempts to
stop public servants from performing their lawful
duties;
(2) these acts are a danger to our constitutional
form of government; and
(3) more information is needed as to the extent
of the danger and its nature so that steps can be
taken to protect public servants at all levels of gov-
ernment in the performance of their duties.
(b) STATISTICS.—The Attorney General shall acquire
data, for the calendar year 1990 and each succeeding cal-
endar year about crimes and incidents of threats of vio-
lence and acts of violence against Federal, State, and local
government employees in performance of their lawful du-
ties. Such data shall include—
(1) in the case of crimes against such employ-
ees, the nature of the crime; and
142
(2) in the case of incidents of threats of vio-
lence and acts of violence, including verbal and im-
plicit threats against such employees, whether or not
criminally punishable, which deter the employees
from the performance of their jobs.
(c) GUIDELINES.—The Attorney General shall estab-
lish guidelines for the collection of such data, including
what constitutes sufficient evidence of noncriminal inci-
dents required to be reported.
(d) ANNUAL PUBLISHING.—The Attorney General
shall publish an annual summary of the data acquired
under this section. Otherwise such data shall be used only
for research and statistical purposes.
(e) EXEMPTION.—The United States Secret Service
is not required to participate in any statistical reporting
activity under this section with respect to any direct or
indirect threats made against any individual for whom the
United States Secret Service is authorized to provide pro-
tection.
SEC. 806. VICTIM RESTITUTION ACT OF 1995.
(a) ORDER OF RESTITUTION.—Section 3663 of title
18, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1)—
143
(i) by striking ‘‘may order, in addition
to or, in the case of a misdemeanor, in lieu
of any other penalty authorized by law’’
and inserting ‘‘shall order’’; and
(ii) by adding at the end the follow-
ing: ‘‘The requirement of this paragraph
does not affect the power of the court to
impose any other penalty authorized by
law. In the case of a misdemeanor, the
court may impose restitution in lieu of any
other penalty authorized by law.’’;
(B) by adding at the end the following:
‘‘(4) In addition to ordering restitution to the victim
of the offense of which a defendant is convicted, a court
may order restitution to any person who, as shown by a
preponderance of evidence, was harmed physically, emo-
tionally, or pecuniarily, by unlawful conduct of the defend-
ant during—
‘‘(A) the criminal episode during which the of-
fense occurred; or
‘‘(B) the course of a scheme, conspiracy, or pat-
tern of unlawful activity related to the offense.’’;
(2) in subsection (b)(1)(B) by striking ‘‘imprac-
tical’’ and inserting ‘‘impracticable’’;
144
(3) in subsection (b)(2) by inserting ‘‘emotional
or’’ after ‘‘resulting in’’;
(4) in subsection (b)—
(A) by striking ‘‘and’’ at the end of para-
graph (4);
(B) by redesignating paragraph (5) as
paragraph (6); and
(C) by inserting after paragraph (4) the
following new paragraph:
‘‘(5) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses related to participation in the inves-
tigation or prosecution of the offense or attendance
at proceedings related to the offense; and’’;
(5) in subsection (c) by striking ‘‘If the court
decides to order restitution under this section, the’’
and inserting ‘‘The’’;
(6) by striking subsections (d), (e), (f), (g), and
(h);
(7) by redesignating subsection (i) as subsection
(m); and
(8) by inserting after subsection (c) the follow-
ing:
145
‘‘(d)(1) The court shall order restitution to a victim
in the full amount of the victim’s losses as determined by
the court and without consideration of—
‘‘(A) the economic circumstances of the of-
fender; or
‘‘(B) the fact that a victim has received or is
entitled to receive compensation with respect to a
loss from insurance or any other source.
‘‘(2) Upon determination of the amount of restitution
owed to each victim, the court shall specify in the restitu-
tion order the manner in which and the schedule according
to which the restitution is to be paid, in consideration of—
‘‘(A) the financial resources and other assets of
the offender;
‘‘(B) projected earnings and other income of
the offender; and
‘‘(C) any financial obligations of the offender,
including obligations to dependents.
‘‘(3) A restitution order may direct the offender to
make a single, lump-sum payment, partial payment at
specified intervals, or such in-kind payments as may be
agreeable to the victim and the offender. A restitution
order shall direct the offender to give appropriate notice
to victims and other persons in cases where there are mul-
tiple victims or other persons who may receive restitution,
146
and where the identity of such victims and other persons
can be reasonably determined.
‘‘(4) An in-kind payment described in paragraph (3)
may be in the form of—
‘‘(A) return of property;
‘‘(B) replacement of property; or
‘‘(C) services rendered to the victim or to a per-
son or organization other than the victim.
‘‘(e) When the court finds that more than 1 offender
has contributed to the loss of a victim, the court may make
each offender liable for payment of the full amount of res-
titution or may apportion liability among the offenders to
reflect the level of contribution and economic cir-
cumstances of each offender.
‘‘(f) When the court finds that more than 1 victim
has sustained a loss requiring restitution by an offender,
the court shall order full restitution to each victim but
may provide for different payment schedules to reflect the
economic circumstances of each victim.
‘‘(g)(1) If the victim has received or is entitled to re-
ceive compensation with respect to a loss from insurance
or any other source, the court shall order that restitution
be paid to the person who provided or is obligated to pro-
vide the compensation, but the restitution order shall pro-
vide that all restitution to victims required by the order
147
be paid to the victims before any restitution is paid to
such a provider of compensation.
‘‘(2) The issuance of a restitution order shall not af-
fect the entitlement of a victim to receive compensation
with respect to a loss from insurance or any other source
until the payments actually received by the victim under
the restitution order fully compensate the victim for the
loss, at which time a person that has provided compensa-
tion to the victim shall be entitled to receive any payments
remaining to be paid under the restitution order.
‘‘(3) Any amount paid to a victim under an order of
restitution shall be set off against any amount later recov-
ered as compensatory damages by the victim in—
‘‘(A) any Federal civil proceeding; and
‘‘(B) any State civil proceeding, to the extent
provided by the law of the State.
‘‘(h) A restitution order shall provide that—
‘‘(1) all fines, penalties, costs, restitution pay-
ments and other forms of transfers of money or
property made pursuant to the sentence of the court
shall be made by the offender to an entity des-
ignated by the Director of the Administrative Office
of the United States Courts for accounting and pay-
ment by the entity in accordance with this sub-
section;
148
‘‘(2) the entity designated by the Director of
the Administrative Office of the United States
Courts shall—
‘‘(A) log all transfers in a manner that
tracks the offender’s obligations and the cur-
rent status in meeting those obligations, unless,
after efforts have been made to enforce the res-
titution order and it appears that compliance
cannot be obtained, the court determines that
continued recordkeeping under this subpara-
graph would not be useful; and
‘‘(B) notify the court and the interested
parties when an offender is 30 days in arrears
in meeting those obligations; and
‘‘(3) the offender shall advise the entity des-
ignated by the Director of the Administrative Office
of the United States Courts of any change in the of-
fender’s address during the term of the restitution
order.
‘‘(i) A restitution order shall constitute a lien against
all property of the offender and may be recorded in any
Federal or State office for the recording of liens against
real or personal property.
‘‘(j) Compliance with the schedule of payment and
other terms of a restitution order shall be a condition of
149
any probation, parole, or other form of release of an of-
fender. If a defendant fails to comply with a restitution
order, the court may revoke probation or a term of super-
vised release, modify the term or conditions of probation
or a term of supervised release, hold the defendant in con-
tempt of court, enter a restraining order or injunction,
order the sale of property of the defendant, accept a per-
formance bond, or take any other action necessary to ob-
tain compliance with the restitution order. In determining
what action to take, the court shall consider the defend-
ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(k) An order of restitution may be enforced—
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter B of
chapter 229 of this title; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
the restitution, in the same manner as a judgment
in a civil action.
150
‘‘(l) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated
by paragraph (2), to read as follows:
‘‘(a) The court may order the probation service of the
court to obtain information pertaining to the amount of
loss sustained by any victim as a result of the offense,
the financial resources of the defendant, the financial
needs and earning ability of the defendant and the defend-
ant’s dependents, and such other factors as the court
deems appropriate. The probation service of the court
shall include the information collected in the report of
presentence investigation or in a separate report, as the
court directs.’’; and
(4) by adding at the end thereof the following
new subsection:
151
‘‘(e) The court may refer any issue arising in connec-
tion with a proposed order of restitution to a magistrate
or special master for proposed findings of fact and rec-
ommendations as to disposition, subject to a de novo de-
termination of the issue by the court.’’.
SEC. 807. AUTHORITY FOR OVERSEAS LAW ENFORCEMENT
TRAINING ACTIVITIES.
The Director of the Federal Bureau of Investigation
is authorized to support law enforcement training activi-
ties in foreign countries for the purpose of improving the
effectiveness of the United States in investigating and
prosecuting transnational offenses.
TITLE IX—HABEAS CORPUS
REFORM
SEC. 901. FILING DEADLINES.
Section 2244 of title 28, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d)(1) A 1-year period of limitation shall apply to
an application for a write of habeas corpus by a person
in custody pursuant to the judgment of a State court. The
limitation period shall run from the latest of—
‘‘(A) the date on which the judgment became
final by the conclusion of direct review or the expira-
tion of the time for seeking such review;
152
‘‘(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 re-
moved, 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 dis-
covered through the exercise of due diligence.
‘‘(2) The time during which a properly filed applica-
tion for State post-conviction or other collateral review
with respect to the pertinent judgment or claim shall not
be counted toward any period of limitation under this sub-
section.’’.
SEC. 902. APPEAL.
Section 2253 of title 28, United States Code, is
amended to read as follows:
‘‘§ 2253. Appeal
‘‘(a) In a habeas corpus proceeding or a proceeding
under section 2255 before a district judge, the final order
153
shall be subject to review, on appeal, by the court of ap-
peals 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 de-
tention pending removal proceedings.
‘‘(c)(1) Unless a circuit justice or judge issues a cer-
tificate of appealability, an appeal may not be taken to
the court of appeals from—
‘‘(A) the final order in a habeas corpus proceed-
ing in which the detention complained of arises out
of process issued by a State court; or
‘‘(B) the final order in a proceeding under sec-
tion 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).’’.
154
SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE
PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure
is amended to read as follows:
‘‘Rule 22. Habeas corpus and section 2255 proceed-
ings
‘‘(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 ap-
peals 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
155
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 certifi-
cate, 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 ad-
dressed 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 ad-
dressed to the judges of the court of appeals. If an appeal
is taken by a State or its representative, a certificate of
appealability is not required.’’.
SEC. 904. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is
amended—
(1) by amending subsection (b) to read as fol-
lows:
‘‘(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
156
‘‘(B)(i) there is an absence of available State
corrective process; or
‘‘(ii) circumstances exist that render such proc-
ess 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, ex-
pressly 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 follow-
ing 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 Su-
preme Court of the United States; or
157
‘‘(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 proceed-
ing.’’;
(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 pursu-
ant 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 re-
butting the presumption of correctness by clear and con-
vincing 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 unavail-
able; or
‘‘(ii) a factual predicate that could not
have been previously discovered through the ex-
ercise of due diligence; and
158
‘‘(B) the facts underlying the claim would be
sufficient to establish by clear and convincing evi-
dence 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 sub-
sections:
‘‘(h) Except as provided in section 408 of the Con-
trolled 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 proceed-
ings shall not be a ground for relief in a proceeding arising
under section 2254.’’.
SEC. 905. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is
amended—
(1) by striking the second and fifth undesig-
nated paragraphs; and
159
(2) by adding at the end the following new un-
designated 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 convic-
tion becomes final;
‘‘(2) the date on which the impediment to mak-
ing a motion created by governmental action in vio-
lation 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 sec-
tion, and any subsequent proceedings on review, the court
may appoint counsel for a movant who is or becomes fi-
nancially unable to afford counsel shall be in the discretion
160
of the court, except as provided by a rule promulgated by
the Supreme Court pursuant to statutory authority. Ap-
pointment 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 evi-
dence that no reasonable factfinder would have
found the movant guilty of the offense; or
‘‘(2) a new rule of constitutional law, made ret-
roactive to cases on collateral review by the Supreme
Court, that was previously unavailable.’’.
SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICA-
TIONS.
(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 APPLICA-
TIONS.—Section 2244(b) of title 28, United States Code,
is amended to read as follows:
161
‘‘(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 ha-
beas corpus application under section 2254 that was not
presented in a prior application shall be dismissed un-
less—
‘‘(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 ex-
ercise 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 evi-
dence that, but for constitutional error, no reason-
able factfinder would have found the applicant guilty
of the underlying offense.
‘‘(3)(A) Before a second or successive application per-
mitted by this section is filed in the district court, the ap-
plicant shall move in the appropriate court of appeals for
an order authorizing the district court to consider the ap-
plication.
162
‘‘(B) A motion in the court of appeals for an order
authorizing the district court to consider a second or suc-
cessive 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 pre-
sented 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 sec-
tion.’’.
SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 28, UNITED
STATES CODE.—Title 28, United States Code, is amended
by inserting after chapter 153 the following new chapter:
163
‘‘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; suc-
cessive petitions.
‘‘2263. Filing of habeas corpus application; time requirements; tolling rules.
‘‘2264. Scope of Federal review; district court adjudications.
‘‘2265. Application to State unitary review procedure.
‘‘2266. Limitation periods for determining applications and motions.
‘‘§ 2261. Prisoners in State custody subject to capital
sentence; appointment of counsel; re-
quirement of rule of court or statute; pro-
cedures 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 ap-
pointment, compensation, and payment of reasonable liti-
gation expenses of competent counsel in State post-convic-
tion proceedings brought by indigent prisoners whose cap-
ital convictions and sentences have been upheld on direct
appeal to the court of last resort in the State or have oth-
erwise become final for State law purposes. The rule of
164
court or statute must provide standards of competency for
the appointment of such counsel.
‘‘(c) Any mechanism for the appointment, compensa-
tion, and reimbursement of counsel as provided in sub-
section (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 rep-
resent the prisoner upon a finding that the prisoner
is indigent and accepted the offer or is unable com-
petently 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 con-
sequences; 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 appoint-
ment is made unless the prisoner and counsel expressly
request continued representation.
165
‘‘(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 pre-
clude the appointment of different counsel, on the court’s
own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the
basis of the ineffectiveness or incompetence of counsel in
such proceedings.
‘‘§ 2262. Mandatory stay of execution; duration; limits
on stays of execution; successive peti-
tions
‘‘(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 in-
voked 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 sub-
section (a) shall expire if—
‘‘(1) a State prisoner fails to file a habeas cor-
pus application under section 2254 within the time
required in section 2263;
166
‘‘(2) before a court of competent jurisdiction, in
the presence of counsel, unless the prisoner has com-
petently 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 peti-
tion 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 au-
thority to enter a stay of execution in the case, unless the
court of appeals approves the filing of a second or succes-
sive application under section 2244(b).
‘‘§ 2263. Filing of habeas corpus application; time re-
quirements; tolling rules
‘‘(a) Any application under this chapter for habeas
corpus relief under section 2254 must be filed in the ap-
propriate district court not later than 180 days after final
State court affirmance of the conviction and sentence on
167
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 re-
view 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
168
within the time period established by this sec-
tion.
‘‘§ 2264. Scope of Federal review; district court adju-
dications
‘‘(a) Whenever a State prisoner under capital sen-
tence 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 recogni-
tion of a new Federal right that is made retro-
actively 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.