[104th Congress Public Law 132]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ132.104]
[[Page 1213]]
ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996
[[Page 110 STAT. 1214]]
Public Law 104-132
104th Congress
An Act
To deter terrorism, provide justice for victims, provide for an
effective death penalty, and for other purposes. <<NOTE: Apr. 24,
1996 - [S. 735]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Antiterrorism
and Effective Death Penalty Act of 1996.>>
SECTION 1. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This Act may be cited as the ``Antiterrorism and Effective Death
Penalty Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HABEAS CORPUS REFORM
Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
Subtitle C--Assistance to Victims of Terrorism
Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of
crime.
Sec. 236. Technical correction.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
Sec. 301. Findings and purpose.
[[Page 110 STAT. 1215]]
Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.
Subtitle B--Prohibition on Assistance to Terrorist States
Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist
states.
Sec. 326. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United States
antiterrorism efforts.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
Sec. 401. Alien terrorist removal.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application
for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Modification to Asylum Procedures
Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.
Subtitle D--Criminal Alien Procedural Improvements
Sec. 431. Access to certain confidential immigration and naturalization
files through court order.
Sec. 432. Criminal alien identification system.
Sec. 433. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 434. Authority for alien smuggling investigations.
Sec. 435. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 436. Miscellaneous provisions.
Sec. 437. Interior repatriation program.
Sec. 438. Deportation of nonviolent offenders prior to completion of
sentence of imprisonment.
Sec. 439. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
Sec. 440. Criminal alien removal.
Sec. 441. Limitation on collateral attacks on underlying deportation
order.
Sec. 442. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 443. Extradition of aliens.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from
armories.
Subtitle B--Biological Weapons Restrictions
Sec. 511. Enhanced penalties and control of biological agents.
Subtitle C--Chemical Weapons Restrictions
Sec. 521. Chemical weapons of mass destruction; study of facility for
training and evaluation of personnel who respond to use of
chemical or biological weapons in urban and suburban areas.
[[Page 110 STAT. 1216]]
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sec. 601. Findings and purposes.
Sec. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of
property within special maritime and territorial
jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a crime of violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the
dissemination of bomb-making instructional materials.
Subtitle B--Criminal Procedures
Sec. 721. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction
statute.
Sec. 726. Addition of terrorism offenses to the money laundering
statute.
Sec. 727. Protection of Federal employees; protection of current or
former officials, officers, or employees of the United
States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive
materials.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of
Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal
interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States
currency.
Sec. 808. Compilation of statistics relating to intimidation of
Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers
from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.
Subtitle B--Funding Authorizations for Law Enforcement
Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive detection
devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism
technologies.
[[Page 110 STAT. 1217]]
Sec. 822. Grants to State and local law enforcement for training and
equipment.
Sec. 823. Funding source.
TITLE IX--MISCELLANEOUS
Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.
TITLE I--HABEAS CORPUS REFORM <<NOTE: Courts.>>
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an application
for a writ of habeas corpus by a person in custody pursuant to the
judgment of a State court. The limitation period shall run from the
latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application for State
post-conviction or other collateral review with respect to the pertinent
judgment or claim is pending shall not be counted toward any period of
limitation under this subsection.''.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 before a district judge, the final order shall be subject to
review, on appeal, by the court of appeals for the circuit in which the
proceeding is held.
``(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to another
district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of
such person's detention pending removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals from--
``(A) the final order in a habeas corpus proceeding in which
the detention complained of arises out of process issued by a
State court; or
``(B) the final order in a proceeding under section 2255.
[[Page 110 STAT. 1218]]
``(2) A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a
constitutional right.
``(3) The certificate of appealability under paragraph (1) shall
indicate which specific issue or issues satisfy the showing required by
paragraph (2).''.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure <<NOTE: 28 USC
app.>> is amended to read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application for a writ
of habeas corpus shall be made to the appropriate district court. If
application is made to a circuit judge, the application shall be
transferred to the appropriate district court. If an application is made
to or transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted. The applicant
may, pursuant to section 2253 of title 28, United States Code, appeal to
the appropriate court of appeals from the order of the district court
denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus proceeding
in which the detention complained of arises out of process issued by a
State court, an appeal by the applicant for the writ may not proceed
unless a district or a circuit judge issues a certificate of
appealability pursuant to section 2253(c) of title 28, United States
Code. If an appeal is taken by the applicant, the district judge who
rendered the judgment shall either issue a certificate of appealability
or state the reasons why such a certificate should not issue. The
certificate or the statement shall be forwarded to the court of appeals
with the notice of appeal and the file of the proceedings in the
district court. If the district judge has denied the certificate, the
applicant for the writ may then request issuance of the certificate by a
circuit judge. If such a request is addressed to the court of appeals,
it shall be deemed addressed to the judges thereof and shall be
considered by a circuit judge or judges as the court deems appropriate.
If no express request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the judges of the
court of appeals. If an appeal is taken by a State or its
representative, a certificate of appealability is not required.''.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not be
granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be denied on
the merits, notwithstanding the failure of the applicant to exhaust the
remedies available in the courts of the State.
[[Page 110 STAT. 1219]]
``(3) A State shall not be deemed to have waived the exhaustion
requirement or be estopped from reliance upon the requirement unless the
State, through counsel, expressly waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not be
granted with respect to any claim that was adjudicated on the merits in
State court proceedings unless the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the evidence
presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by paragraph
(2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a State
court, a determination of a factual issue made by a State court shall be
presumed to be correct. The applicant shall have the burden of rebutting
the presumption of correctness by clear and convincing evidence.
``(2) If the applicant has failed to develop the factual basis of a
claim in State court proceedings, the court shall not hold an
evidentiary hearing on the claim unless the applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law, made
retroactive to cases on collateral review by the Supreme
Court, that was previously unavailable; or
``(ii) a factual predicate that could not have been
previously discovered through the exercise of due
diligence; and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.''; and
(5) by adding at the end the following new subsections:
``(h) Except as provided in section 408 of the Controlled Substances
Act, in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for an applicant
who is or becomes financially unable to afford counsel, except as
provided by a rule promulgated by the Supreme Court pursuant to
statutory authority. Appointment of counsel under this section shall be
governed by section 3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during Federal
or State collateral post-conviction proceedings shall not be a ground
for relief in a proceeding arising under section 2254.''.
[[Page 110 STAT. 1220]]
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion under this
section. The limitation period shall run from the latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, if the movant was
prevented from making a motion by such governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the exercise
of due diligence.
``Except as provided in section 408 of the Controlled Substances
Act, in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel, except as provided
by a rule promulgated by the Supreme Court pursuant to statutory
authority. Appointment of counsel under this section shall be governed
by section 3006A of title 18.
``A second or successive motion must be certified as provided in
section 2244 by a panel of the appropriate court of appeals to contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense; or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section 2244(a) of
title 28, United States Code, is amended by striking ``and the
petition'' and all that follows through ``by such inquiry.'' and
inserting ``, except as provided in section 2255.''.
(b) Limits on Second or Successive Applications.--Section 2244(b) of
title 28, United States Code, is amended to read as follows:
``(b)(1) A claim presented in a second or successive habeas corpus
application under section 2254 that was presented in a prior application
shall be dismissed.
``(2) A claim presented in a second or successive habeas corpus
application under section 2254 that was not presented in a prior
application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
[[Page 110 STAT. 1221]]
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.
``(3)(A) Before a second or successive application permitted by this
section is filed in the district court, the applicant shall move in the
appropriate court of appeals for an order authorizing the district court
to consider the application.
``(B) A motion in the court of appeals for an order authorizing the
district court to consider a second or successive application shall be
determined by a three-judge panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a second or
successive application only if it determines that the application makes
a prima facie showing that the application satisfies the requirements of
this subsection.
``(D) The court of appeals shall grant or deny the authorization to
file a second or successive application not later than 30 days after the
filing of the motion.
``(E) The grant or denial of an authorization by a court of appeals
to file a second or successive application shall not be appealable and
shall not be the subject of a petition for rehearing or for a writ of
certiorari.
``(4) A district court shall dismiss any claim presented in a second
or successive application that the court of appeals has authorized to be
filed unless the applicant shows that the claim satisfies the
requirements of this section.''.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--Title 28,
United States Code, is amended by inserting after chapter 153 the
following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of
court or statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized
[[Page 110 STAT. 1222]]
by State law, a mechanism for the appointment, compensation, and payment
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital
convictions and sentences have been upheld on direct appeal to the court
of last resort in the State or have otherwise become final for State law
purposes. The rule of court or statute must provide standards of
competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether to
accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding that
the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State or
Federal post-conviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254. This
limitation shall not preclude the appointment of different counsel, on
the court's own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2261(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised of
the consequences, a State prisoner under capital sentence waives
the right to pursue habeas corpus review under section 2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails
to make a substantial showing of the denial of a Federal
[[Page 110 STAT. 1223]]
right or is denied relief in the district court or at any
subsequent stage of review.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution in the case, unless the court of appeals approves the filing
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court not
later than 180 days after final State court affirmance of the conviction
and sentence on direct review or the expiration of the time for seeking
such review.
``(b) The time requirements established by subsection (a) shall be
tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure review
by the Supreme Court of the affirmance of a capital sentence on
direct review by the court of last resort of the State or other
final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until the
final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in
the Federal district court that would have jurisdiction
over the case upon the filing of a habeas corpus
application under section 2254; and
``(B) a showing of good cause is made for the
failure to file the habeas corpus application within the
time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall only consider a claim or claims that have been
raised and decided on the merits in the State courts, unless the failure
to raise the claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court's recognition of a new
Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of death
to raise, in the course of direct review of the judgment, such claims as
could be raised on collateral attack. This chapter
[[Page 110 STAT. 1224]]
shall apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court or
statute must provide standards of competency for the appointment of such
counsel.
``(b) To qualify under this section, a unitary review procedure must
include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2261(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation to
cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in such sections shall be
understood as referring to unitary review under the State procedure. The
reference in section 2262(a) to `an order under section 2261(c)' shall
be understood as referring to the post-trial order under subsection (b)
concerning representation in the unitary review proceedings, but if a
transcript of the trial proceedings is unavailable at the time of the
filing of such an order in the appropriate State court, then the start
of the 180-day limitation period under section 2263 shall be deferred
until a transcript is made available to the prisoner or counsel of the
prisoner.
``Sec. 2266. Limitation periods for determining applications and motions
``(a) The adjudication of any application under section 2254 that is
subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
``(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
``(B) A district court shall afford the parties at least 120 days in
which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
``(C)(i) A district court may delay for not more than one additional
30-day period beyond the period specified in subparagraph (A), the
rendering of a determination of an application for a writ of habeas
corpus if the court issues a written order making a finding, and stating
the reasons for the finding, that the ends of justice that would be
served by allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
``(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
[[Page 110 STAT. 1225]]
``(I) Whether the failure to allow the delay would be likely
to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case that,
taken as a whole, is not so unusual or so complex as described
in subclause (II), but would otherwise deny the applicant
reasonable time to obtain counsel, would unreasonably deny the
applicant or the government continuity of counsel, or would deny
counsel for the applicant or the government the reasonable time
necessary for effective preparation, taking into account the
exercise of due diligence.
``(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is ordered.
``(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of litigating
any application or appeal.
``(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the answer to
the application, except on the grounds specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court of
appeals shall act on the petition for a writ of mandamus not later than
30 days after the filing of the petition.
``(5)(A) <<NOTE: Reports.>> The Administrative Office of the United
States Courts shall submit to Congress an annual report on the
compliance by the district courts with the time limitations under this
section.
``(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole or
in part, an application brought under this chapter in a capital case not
later than 120 days after the date on which the reply brief is filed, or
if no reply brief is filed, not later than 120 days after the date on
which the answering brief is filed.
[[Page 110 STAT. 1226]]
``(B)(i) A court of appeals shall decide whether to grant a petition
for rehearing or other request for rehearing en banc not later than 30
days after the date on which the petition for rehearing is filed unless
a responsive pleading is required, in which case the court shall decide
whether to grant the petition not later than 30 days after the date on
which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court
of appeals en banc or the Supreme Court for further proceedings,
in which case the limitation period shall run from the date the
remand is ordered.
``(3) The time limitations under this section shall not be construed
to entitle an applicant to a stay of execution, to which the applicant
would otherwise not be entitled, for the purpose of litigating any
application or appeal.
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
``(5) <<NOTE: Reports.>> The Administrative Office of the United
States Courts shall submit to Congress an annual report on the
compliance by the courts of appeals with the time limitations under this
section.''.
(b) Technical Amendment.--The part analysis for part IV of title 28,
United States Code, is amended by adding after the item relating to
chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases........2261.''.
(c) <<NOTE: 28 USC 2261 note.>> Effective Date.--Chapter 154 of
title 28, United States Code (as added by subsection (a)) shall apply to
cases pending on or after the date of enactment of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))
is amended by amending paragraph (9) to read as follows:
``(9) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence, the
court may authorize the defendant's attorneys to obtain such services on
behalf of the defendant and, if so authorized, shall order the payment
of fees and expenses therefor under paragraph (10). No ex parte
proceeding, communication, or request may be considered pursuant to this
section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request shall be
transcribed and made a part of the record available for appellate
review.''.
[[Page 110 STAT. 1227]]
TITLE II--JUSTICE FOR VICTIMS
Subtitle A <<NOTE: Mandatory Victims Restitution Act of
1996. Courts.>> --Mandatory Victim Restitution
SEC. 201. SHORT TITLE.
This subtitle may be cited as the ``Mandatory Victims Restitution
Act of 1996''.
SEC. 202. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking ``may'' and inserting ``shall''; and
(2) by striking ``sections 3663 and 3664.'' and inserting
``section 3663A, and may order restitution in accordance with
section 3663. The procedures under section 3664 shall apply to
all orders of restitution under this section.''.
SEC. 203. CONDITIONS OF PROBATION.
Section 3563 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and'' at the
end;
(B) in the first paragraph (4) (relating to
conditions of probation for a domestic crime of
violence), by striking the period and inserting a
semicolon;
(C) by redesignating the second paragraph (4)
(relating to conditions of probation concerning drug use
and testing) as paragraph (5);
(D) in paragraph (5), as redesignated, by striking
the period at the end and inserting a semicolon; and
(E) by inserting after paragraph (5), as
redesignated, the following new paragraphs:
``(6) that the defendant--
``(A) make restitution in accordance with sections
2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and
``(B) pay the assessment imposed in accordance with
section 3013; and
``(7) that the defendant will notify the court of any
material change in the defendant's economic circumstances that
might affect the defendant's ability to pay restitution, fines,
or special assessments.''; and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (22) as
paragraphs (2) through (21), respectively; and
(C) by amending paragraph (2), as redesignated, to
read as follows:
``(2) make restitution to a victim of the offense under
section 3556 (but not subject to the limitation of section
3663(a) or 3663A(c)(1)(A));''.
SEC. 204. MANDATORY RESTITUTION.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting immediately after section 3663 the following new
section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
``(a)(1) Notwithstanding any other provision of law, when sentencing
a defendant convicted of an offense described in sub
[[Page 110 STAT. 1228]]
section (c), the court shall order, in addition to, or in the case of a
misdemeanor, in addition to or in lieu of, any other penalty authorized
by law, that the defendant make restitution to the victim of the offense
or, if the victim is deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.
``(3) The court shall also order, if agreed to by the parties in a
plea agreement, restitution to persons other than the victim of the
offense.
``(b) The order of restitution shall require that such defendant--
``(1) in the case of an offense resulting in damage to or
loss or destruction of property of a victim of the offense--
``(A) return the property to the owner of the
property or someone designated by the owner; or
``(B) if return of the property under subparagraph
(A) is impossible, impracticable, or inadequate, pay an
amount equal to--
``(i) the greater of--
``(I) the value of the property on
the date of the damage, loss, or
destruction; or
``(II) the value of the property on
the date of sentencing, less
``(ii) the value (as of the date the property
is returned) of any part of the property that is
returned;
``(2) in the case of an offense resulting in bodily injury
to a victim--
``(A) pay an amount equal to the cost of necessary
medical and related professional services and devices
relating to physical, psychiatric, and psychological
care, including nonmedical care and treatment rendered
in accordance with a method of healing recognized by the
law of the place of treatment;
``(B) pay an amount equal to the cost of necessary
physical and occupational therapy and rehabilitation;
and
``(C) reimburse the victim for income lost by such
victim as a result of such offense;
``(3) in the case of an offense resulting in bodily injury
that results in the death of the victim, pay an amount equal to
the cost of necessary funeral and related services; and
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
incurred during participation in the investigation or
prosecution of the offense or attendance at proceedings related
to the offense.
[[Page 110 STAT. 1229]]
``(c)(1) <<NOTE: Applicability.>> This section shall apply in all
sentencing proceedings for convictions of, or plea agreements relating
to charges for, any offense--
``(A) that is--
``(i) a crime of violence, as defined in section 16;
``(ii) an offense against property under this title,
including any offense committed by fraud or deceit; or
``(iii) an offense described in section 1365
(relating to tampering with consumer products); and
``(B) in which an identifiable victim or victims has
suffered a physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result in a
conviction for an offense described in paragraph (1), this section shall
apply only if the plea specifically states that an offense listed under
such paragraph gave rise to the plea agreement.
``(3) This section shall not apply in the case of an offense
described in paragraph (1)(A)(ii) if the court finds, from facts on the
record, that--
``(A) the number of identifiable victims is so large as to
make restitution impracticable; or
``(B) determining complex issues of fact related to the
cause or amount of the victim's losses would complicate or
prolong the sentencing process to a degree that the need to
provide restitution to any victim is outweighed by the burden on
the sentencing process.
``(d) An order of restitution under this section shall be issued and
enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of title 18,
United States Code, is amended by inserting immediately after the matter
relating to section 3663 the following:
``3663A. Mandatory restitution to victims of certain crimes.''.
SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.
(a) In General.--Section 3663 of title 18, United States Code, is
amended--
(1) in subsection (a)(1)--
(A) by striking ``(a)(1) The court'' and inserting
``(a)(1)(A) The court'';
(B) by inserting ``, section 401, 408(a), 409, 416,
420, or 422(a) of the Controlled Substances Act (21
U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case
shall a participant in an offense under such sections be
considered a victim of such offense under this
section),'' before ``or section 46312,'';
(C) by inserting ``other than an offense described
in section 3663A(c),'' after ``title 49,'';
(D) by inserting before the period at the end the
following: ``, or if the victim is deceased, to the
victim's estate'';
(E) by adding at the end the following new
subparagraph:
``(B)(i) The court, in determining whether to order restitution
under this section, shall consider--
``(I) the amount of the loss sustained by each victim as a
result of the offense; and
``(II) the financial resources of the defendant, the
financial needs and earning ability of the defendant and the
defendant's
[[Page 110 STAT. 1230]]
dependents, and such other factors as the court deems
appropriate.
``(ii) To the extent that the court determines that the complication
and prolongation of the sentencing process resulting from the fashioning
of an order of restitution under this section outweighs the need to
provide restitution to any victims, the court may decline to make such
an order.''; and
(F) by amending paragraph (2) to read as follows:
``(2) For the purposes of this section, the term `victim' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.'';
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new subsections:
``(c)(1) Notwithstanding any other provision of law (but subject to
the provisions of subsections (a)(1)(B) (i)(II) and (ii), when
sentencing a defendant convicted of an offense described in section 401,
408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21
U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no
identifiable victim, the court may order that the defendant make
restitution in accordance with this subsection.
``(2)(A) An order of restitution under this subsection shall be
based on the amount of public harm caused by the offense, as determined
by the court in accordance with guidelines promulgated by the United
States Sentencing Commission.
``(B) In no case shall the amount of restitution ordered under this
subsection exceed the amount of the fine ordered for the offense charged
in the case.
``(3) Restitution under this subsection shall be distributed as
follows:
``(A) 65 percent of the total amount of restitution shall be
paid to the State entity designated to administer crime victim
assistance in the State in which the crime occurred.
``(B) 35 percent of the total amount of restitution shall be
paid to the State entity designated to receive Federal substance
abuse block grant funds.
``(4) The court shall not make an award under this subsection if it
appears likely that such award would interfere with a forfeiture under
chapter 46 of this title or under the Controlled Substances Act (21
U.S.C. 801 et seq.).
``(5) Notwithstanding section 3612(c) or any other provision of law,
a penalty assessment under section 3013 or a fine under subchapter C of
chapter 227 shall take precedence over an order of restitution under
this subsection.
``(6) Requests for community restitution under this subsection may
be considered in all plea agreements negotiated by the United States.
[[Page 110 STAT. 1231]]
``(7)(A) <<NOTE: Guidelines.>> The United States Sentencing
Commission shall promulgate guidelines to assist courts in determining
the amount of restitution that may be ordered under this subsection.
``(B) No restitution shall be ordered under this subsection until
such time as the Sentencing Commission promulgates guidelines pursuant
to this paragraph.
``(d) An order of restitution made pursuant to this section shall be
issued and enforced in accordance with section 3664.''.
(b) Sexual Abuse.--Section 2248 of title 18, United States Code, is
amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim (through
the appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
(c) Sexual Exploitation and Other Abuse of Children.--Section 2259
of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
(d) Domestic Violence.--Section 2264 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay the victim (through
the appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
[[Page 110 STAT. 1232]]
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new subsection (c):
``(c) Victim Defined.--For purposes of this section, the term
`victim' means the individual harmed as a result of a commission of a
crime under this chapter, including, in the case of a victim who is
under 18 years of age, incompetent, incapacitated, or deceased, the
legal guardian of the victim or representative of the victim's estate,
another family member, or any other person appointed as suitable by the
court, but in no event shall the defendant be named as such
representative or guardian.''.
(e) Telemarketing Fraud.--Section 2327 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting ``or 3663A'' after
``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
``(1) Directions.--The order of restitution under this
section shall direct the defendant to pay to the victim (through
the appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as follows:
``(2) Enforcement.--An order of restitution under this
section shall be issued and enforced in accordance with section
3664 in the same manner as an order under section 3663A.'';
(C) in paragraph (4), by striking subparagraphs (C)
and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.
(a) In General.--Section 3664 of title 18, United States Code, is
amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order of
restitution
``(a) <<NOTE: Reports.>> For orders of restitution under this
title, the court shall order the probation officer to obtain and include
in its presentence report, or in a separate report, as the court may
direct, information sufficient for the court to exercise its discretion
in fashioning a restitution order. The report shall include, to the
extent practicable, a complete accounting of the losses to each victim,
any restitution owed pursuant to a plea agreement, and information
relating to the economic circumstances of each defendant. If the number
or identity of victims cannot be reasonably ascertained, or other
circumstances exist that make this requirement clearly impracticable,
the probation officer shall so inform the court.
``(b) The court shall disclose to both the defendant and the
attorney for the Government all portions of the presentence or
[[Page 110 STAT. 1233]]
other report pertaining to the matters described in subsection (a) of
this section.
``(c) The provisions of this chapter, chapter 227, and Rule 32(c) of
the Federal Rules of Criminal Procedure shall be the only rules
applicable to proceedings under this section.
``(d)(1) Upon the request of the probation officer, but not later
than 60 days prior to the date initially set for sentencing, the
attorney for the Government, after consulting, to the extent
practicable, with all identified victims, shall promptly provide the
probation officer with a listing of the amounts subject to restitution.
``(2) The probation officer shall, prior to submitting the
presentence report under subsection (a), to the extent practicable--
``(A) provide notice to all identified victims of--
``(i) the offense or offenses of which the defendant
was convicted;
``(ii) the amounts subject to restitution submitted
to the probation officer;
``(iii) the opportunity of the victim to submit
information to the probation officer concerning the
amount of the victim's losses;
``(iv) the scheduled date, time, and place of the
sentencing hearing;
``(v) the availability of a lien in favor of the
victim pursuant to subsection (m)(1)(B); and
``(vi) the opportunity of the victim to file with
the probation officer a separate affidavit relating to
the amount of the victim's losses subject to
restitution; and
``(B) provide the victim with an affidavit form to submit
pursuant to subparagraph (A)(vi).
``(3) Each defendant shall prepare and file with the probation
officer an affidavit fully describing the financial resources of the
defendant, including a complete listing of all assets owned or
controlled by the defendant as of the date on which the defendant was
arrested, the financial needs and earning ability of the defendant and
the defendant's dependents, and such other information that the court
requires relating to such other factors as the court deems appropriate.
``(4) After reviewing the report of the probation officer, the court
may require additional documentation or hear testimony.
The <<NOTE: Privacy.>> privacy of any records filed, or testimony
heard, pursuant to this section shall be maintained to the greatest
extent possible, and such records may be filed or testimony heard in
camera.
``(5) If the victim's losses are not ascertainable by the date that
is 10 days prior to sentencing, the attorney for the Government or the
probation officer shall so inform the court, and the court shall set a
date for the final determination of the victim's losses, not to exceed
90 days after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those losses in
which to petition the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the failure to
include such losses in the initial claim for restitutionary relief.
``(6) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate judge or special master
for proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.
[[Page 110 STAT. 1234]]
``(e) Any dispute as to the proper amount or type of restitution
shall be resolved by the court by the preponderance of the evidence. The
burden of demonstrating the amount of the loss sustained by a victim as
a result of the offense shall be on the attorney for the Government. The
burden of demonstrating the financial resources of the defendant and the
financial needs of the defendant's dependents, shall be on the
defendant. The burden of demonstrating such other matters as the court
deems appropriate shall be upon the party designated by the court as
justice requires.
``(f)(1)(A) In each order of restitution, the court shall order
restitution to each victim in the full amount of each victim's losses as
determined by the court and without consideration of the economic
circumstances of the defendant.
``(B) In no case shall the fact that a victim has received or is
entitled to receive compensation with respect to a loss from insurance
or any other source be considered in determining the amount of
restitution.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall, pursuant to section 3572, specify in the
restitution order the manner in which, and the schedule according to
which, the restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
defendant, including whether any of these assets are jointly
controlled;
``(B) projected earnings and other income of the defendant;
and
``(C) any financial obligations of the defendant; including
obligations to dependents.
``(3)(A) A restitution order may direct the defendant to make a
single, lump-sum payment, partial payments at specified intervals, in-
kind payments, or a combination of payments at specified intervals and
in-kind payments.
``(B) A restitution order may direct the defendant to make nominal
periodic payments if the court finds from facts on the record that the
economic circumstances of the defendant do not allow the payment of any
amount of a restitution order, and do not allow for the payment of the
full amount of a restitution order in the foreseeable future under any
reasonable schedule of payments.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to the victim
or a person or organization other than the victim.
``(g)(1) No victim shall be required to participate in any phase of
a restitution order.
``(2) A victim may at any time assign the victim's interest in
restitution payments to the Crime Victims Fund in the Treasury without
in any way impairing the obligation of the defendant to make such
payments.
``(h) If the court finds that more than 1 defendant has contributed
to the loss of a victim, the court may make each defendant liable for
payment of the full amount of restitution or may apportion liability
among the defendants to reflect the level of contribution to the
victim's loss and economic circumstances of each defendant.
[[Page 110 STAT. 1235]]
``(i) If the court finds that more than 1 victim has sustained a
loss requiring restitution by a defendant, the court may provide for a
different payment schedule for each victim based on the type and amount
of each victim's loss and accounting for the economic circumstances of
each victim. In any case in which the United States is a victim, the
court shall ensure that all other victims receive full restitution
before the United States receives any restitution.
``(j)(1) If a victim has received compensation from insurance or any
other source with respect to a loss, the court shall order that
restitution be paid to the person who provided or is obligated to
provide the compensation, but the restitution order shall provide that
all restitution of victims required by the order be paid to the victims
before any restitution is paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of restitution
shall be reduced by any amount later recovered as compensatory damages
for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(k) A restitution order shall provide that the defendant shall
notify the court and the Attorney General of any material change in the
defendant's economic circumstances that might affect the defendant's
ability to pay restitution. The court may also accept notification of a
material change in the defendant's economic circumstances from the
United States or from the victim. <<NOTE: Certification.>> The Attorney
General shall certify to the court that the victim or victims owed
restitution by the defendant have been notified of the change in
circumstances. Upon receipt of the notification, the court may, on its
own motion, or the motion of any party, including the victim, adjust the
payment schedule, or require immediate payment in full, as the interests
of justice require.
``(l) A conviction of a defendant for an offense involving the act
giving rise to an order of restitution shall estop the defendant from
denying the essential allegations of that offense in any subsequent
Federal civil proceeding or State civil proceeding, to the extent
consistent with State law, brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by the United
States in the manner provided for in subchapter C of chapter 227 and
subchapter B of chapter 229 of this title; or
``(ii) by all other available and reasonable means.
``(B) At the request of a victim named in a restitution order, the
clerk of the court shall issue an abstract of judgment certifying that a
judgment has been entered in favor of such victim in the amount
specified in the restitution order. Upon registering, recording,
docketing, or indexing such abstract in accordance with the rules and
requirements relating to judgments of the court of the State where the
district court is located, the abstract of judgment shall be a lien on
the property of the defendant located in such State in the same manner
and to the same extent and under the same conditions as a judgment of a
court of general jurisdiction in that State.
``(2) An order of in-kind restitution in the form of services shall
be enforced by the probation officer.
``(n) If a person obligated to provide restitution, or pay a fine,
receives substantial resources from any source, including inherit
[[Page 110 STAT. 1236]]
ance, settlement, or other judgment, during a period of incarceration,
such person shall be required to apply the value of such resources to
any restitution or fine still owed.
``(o) A sentence that imposes an order of restitution is a final
judgment notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the Federal Rules
of Criminal Procedure and section 3742 of chapter 235 of
this title;
``(B) appealed and modified under section 3742;
``(C) amended under section 3664(d)(3); or
``(D) adjusted under section 3664(k), 3572, or
3613A; or
``(2) the defendant may be resentenced under section 3565 or
3614.
``(p) Nothing in this section or sections 2248, 2259, 2264, 2327,
3663, and 3663A and arising out of the application of such sections,
shall be construed to create a cause of action not otherwise authorized
in favor of any person against the United States or any officer or
employee of the United States.''.
(b) Technical Amendment.--The item relating to section 3664 in the
analysis for chapter 232 of title 18, United States Code, is amended to
read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.
SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.
(a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b) of
the Federal Rules of Criminal Procedure is <<NOTE: 18 USC app.>>
amended--
(1) in paragraph (1), by adding at the end the following:
``Notwithstanding <<NOTE: Reports.>> the preceding sentence, a
presentence investigation and report, or other report containing
information sufficient for the court to enter an order of
restitution, as the court may direct, shall be required in any
case in which restitution is required to be ordered.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E), the
following new subparagraph:
``(F) in appropriate cases, information sufficient
for the court to enter an order of restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code, is
amended--
(1) in subsection (b) by inserting ``other than the United
States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A person
sentenced to pay a fine or other monetary penalty'' and
inserting ``(1) A person sentenced to pay a fine or
other monetary penalty, including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution order, the
order, permits other than immediate payment, the length of time over
which scheduled payments will be made shall be set
[[Page 110 STAT. 1237]]
by the court, but shall be the shortest time in which full payment can
reasonably be made.
``(3) A judgment for a fine which permits payments in installments
shall include a requirement that the defendant will notify the court of
any material change in the defendant's economic circumstances that might
affect the defendant's ability to pay the fine. Upon receipt of such
notice the court may, on its own motion or the motion of any party,
adjust the payment schedule, or require immediate payment in full, as
the interests of justice require.'';
(3) in subsection (f), by inserting ``restitution'' after
``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting ``or payment
of restitution'' after ``A fine''; and
(B) by amending the second sentence to read as
follows: ``Notwithstanding any installment schedule,
when a fine or payment of restitution is in default, the
entire amount of the fine or restitution is due within
30 days after notification of the default, subject to
the provisions of section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611 of title
18, United States Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay the fine
or assessment'' and inserting ``, assessment, or
restitution, shall pay the fine, assessment, or
restitution''.
(2) Collection.--Section 3612 of title 18, United States
Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A),
by inserting ``or restitution order'' after
``fine'';
(ii) in subparagraph (C), by inserting ``or
restitution order'' after ``fine'';
(iii) in subparagraph (E), by striking
``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or restitution
order'' after ``fine''; and
(II) by striking the period at the
end and inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(G) in the case of a restitution order,
information sufficient to identify each victim to whom
restitution is owed. It shall be the responsibility of
each victim to notify the Attorney General, or the
appropriate entity of the court, by means of a form to
be provided by the Attorney General or the court, of any
change in the victim's mailing address while restitution
is still owed the victim. <<NOTE: Privacy.>> The
confidentiality
[[Page 110 STAT. 1238]]
of any information relating to a victim shall be
maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by inserting ``or
restitution'' after ``fine''; and
(ii) by adding at the end the following: ``Any
money received from a defendant shall be disbursed
so that each of the following obligations is paid
in full in the following sequence:
``(1) A penalty assessment under section 3013 of title 18,
United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other payments
required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution'' after
``fine''; and
(ii) by striking ``is delinquent, to inform
him that the fine is delinquent'' and inserting
``or restitution is delinquent, to inform the
person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution'' after
``fine''; and
(ii) by striking ``him that the fine is in
default'' and inserting ``the person that the fine
or restitution is in default'';
(F) in subsection (f)--
(i) in the heading, by inserting ``and
restitution'' after ``on fines''; and
(ii) in paragraph (1), by inserting ``or
restitution'' after ``any fine'';
(G) in subsection (g), by inserting ``or
restitution'' after ``fine'' each place it appears; and
(H) in subsection (i), by inserting ``and
restitution'' after ``fines''.
(3) Civil remedies.--Section 3613 of title 18, United States
Code, is amended to read as follows:
``Sec. 3613. Civil remedies for satisfaction of an unpaid fine
``(a) Enforcement.--The United States may enforce a judgment
imposing a fine in accordance with the practices and procedures for the
enforcement of a civil judgment under Federal law or State law.
Notwithstanding any other Federal law (including section 207 of the
Social Security Act), a judgment imposing a fine may be enforced against
all property or rights to property of the person fined, except that--
``(1) property exempt from levy for taxes pursuant to
section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10),
and (12) of the Internal Revenue Code of 1986 shall be exempt
from enforcement of the judgment under Federal law;
``(2) section 3014 of chapter 176 of title 28 shall not
apply to enforcement under Federal law; and
``(3) the provisions of section 303 of the Consumer Credit
Protection Act (15 U.S.C. 1673) shall apply to enforcement of
the judgment under Federal law or State law.
``(b) Termination of Liability.--The liability to pay a fine shall
terminate the later of 20 years from the entry of judgment or 20 years
after the release from imprisonment of the person fined, or upon the
death of the individual fined.
[[Page 110 STAT. 1239]]
``(c) Lien.--A fine imposed pursuant to the provisions of subchapter
C of chapter 227 of this title, or an order of restitution made pursuant
to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title,
is a lien in favor of the United States on all property and rights to
property of the person fined as if the liability of the person fined
were a liability for a tax assessed under the Internal Revenue Code of
1986. The lien arises on the entry of judgment and continues for 20
years or until the liability is satisfied, remitted, set aside, or is
terminated under subsection (b).
``(d) Effect of Filing Notice of Lien.--Upon filing of a notice of
lien in the manner in which a notice of tax lien would be filed under
section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the
lien shall be valid against any purchaser, holder of a security
interest, mechanic's lienor or judgment lien creditor, except with
respect to properties or transactions specified in subsection (b), (c),
or (d) of section 6323 of the Internal Revenue Code of 1986 for which a
notice of tax lien properly filed on the same date would not be valid.
The notice of lien shall be considered a notice of lien for taxes
payable to the United States for the purpose of any State or local law
providing for the filing of a notice of a tax lien. A notice of lien
that is registered, recorded, docketed, or indexed in accordance with
the rules and requirements relating to judgments of the courts of the
State where the notice of lien is registered, recorded, docketed, or
indexed shall be considered for all purposes as the filing prescribed by
this section. The provisions of section 3201(e) of chapter 176 of title
28 shall apply to liens filed as prescribed by this section.
``(e) Discharge of Debt Inapplicable.--No discharge of debts in a
proceeding pursuant to any chapter of title 11, United States Code,
shall discharge liability to pay a fine pursuant to this section, and a
lien filed as prescribed by this section shall not be voided in a
bankruptcy proceeding.
``(f) Applicability to Order of Restitution.--In accordance with
section 3664(m)(1)(A) of this title, all provisions of this section are
available to the United States for the enforcement of an order of
restitution.''.
(4) Default.--Chapter 229 of title 18, United States Code,
is amended by inserting after section 3613 the following new
section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on a
payment of a fine or restitution, the court may, pursuant to section
3565, revoke probation or a term of supervised release, modify the terms
or conditions of probation or a term of supervised release, resentence a
defendant pursuant to section 3614, hold the defendant in contempt of
court, enter a restraining order or injunction, order the sale of
property of the defendant, accept a performance bond, enter or adjust a
payment schedule, or take any other action necessary to obtain
compliance with the order of a fine or restitution.
``(2) In determining what action to take, the court shall consider
the defendant's employment status, earning ability, financial resources,
the willfulness in failing to comply with the fine or restitution order,
and any other circumstances that may have a
[[Page 110 STAT. 1240]]
bearing on the defendant's ability or failure to comply with the order
of a fine or restitution.
``(b)(1) Any hearing held pursuant to this section may be conducted
by a magistrate judge, subject to de novo review by the court.
``(2) To the extent practicable, in a hearing held pursuant to this
section involving a defendant who is confined in any jail, prison, or
other correctional facility, proceedings in which the prisoner's
participation is required or permitted shall be conducted by telephone,
video conference, or other communications technology without removing
the prisoner from the facility in which the prisoner is confined.''.
(5) Resentencing.--Section 3614 of title 18, United States
Code, is amended--
(A) in the heading, by inserting ``or restitution''
after ``fine'';
(B) in subsection (a), by inserting ``or
restitution'' after ``fine''; and
(C) by adding at the end the following new
subsection:
``(c) Effect of Indigency.--In no event shall a defendant be
incarcerated under this section solely on the basis of inability to make
payments because the defendant is indigent.''.
(d) Clerical Amendment.--The table of sections at the beginning of
subchapter B of chapter 229 of title 18, United States Code, is amended
to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.
SEC. 208. <<NOTE: 28 USC 994 note.>> INSTRUCTION TO SENTENCING
COMMISSION.
Pursuant to section 994 of title 28, United States Code, the United
States Sentencing Commission shall promulgate guidelines or amend
existing guidelines to reflect this subtitle and the amendments made by
this subtitle.
SEC. 209. <<NOTE: 18 USC 3551 note.>> JUSTICE DEPARTMENT REGULATIONS.
Not later than 90 days after the date of enactment of this subtitle,
the Attorney General shall promulgate guidelines, or amend existing
guidelines, to carry out this subtitle and the amendments made by this
subtitle and to ensure that--
(1) in all plea agreements negotiated by the United States,
consideration is given to requesting that the defendant provide
full restitution to all victims of all charges contained in the
indictment or information, without regard to the counts to which
the defendant actually pleaded; and
(2) orders of restitution made pursuant to the amendments
made by this subtitle are enforced to the fullest extent of the
law.
SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking ``$50'' and inserting
``not less than $100''; and
(2) in subparagraph (B), by striking ``$200'' and inserting
``not less than $400''.
[[Page 110 STAT. 1241]]
SEC. 211. <<NOTE: 18 USC 2248 note.>> EFFECTIVE DATE.
The amendments made by this subtitle shall, to the extent
constitutionally permissible, be effective for sentencing proceedings in
cases in which the defendant is convicted on or after the date of
enactment of this Act.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) not otherwise covered by paragraph (2), in which money
damages are sought against a foreign state for personal injury
or death that was caused by an act of torture, extrajudicial
killing, aircraft sabotage, hostage taking, or the provision of
material support or resources (as defined in section 2339A of
title 18) for such an act if such act or provision of material
support is engaged in by an official, employee, or agent of such
foreign state while acting within the scope of his or her
office, employment, or agency, except that the court shall
decline to hear a claim under this paragraph--
``(A) if the foreign state was not designated as a
state sponsor of terrorism under section 6(j) of the
Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign Assistance Act
of 1961 (22 U.S.C. 2371) at the time the act occurred,
unless later so designated as a result of such act; and
``(B) even if the foreign state is or was so
designated, if--
``(i) the act occurred in the foreign state
against which the claim has been brought and the
claimant has not afforded the foreign state a
reasonable opportunity to arbitrate the claim in
accordance with accepted international rules of
arbitration; or
``(ii) the claimant or victim was not a
national of the United States (as that term is
defined in section 101(a)(22) of the Immigration
and Nationality Act) when the act upon which the
claim is based occurred.''; and
(2) by adding at the end the following:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
[[Page 110 STAT. 1242]]
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation.
``(f) No action shall be maintained under subsection (a)(7) unless
the action is commenced not later than 10 years after the date on which
the cause of action arose. All principles of equitable tolling,
including the period during which the foreign state was immune from
suit, shall apply in calculating this limitation period.
``(g) Limitation on Discovery.--
``(1) In general.--(A) Subject to paragraph (2), if an
action is filed that would otherwise be barred by section 1604,
but for subsection (a)(7), the court, upon request of the
Attorney General, shall stay any request, demand, or order for
discovery on the United States that the Attorney General
certifies would significantly interfere with a criminal
investigation or prosecution, or a national security operation,
related to the incident that gave rise to the cause of action,
until such time as the Attorney General advises the court that
such request, demand, or order will no longer so interfere.
``(B) A stay under this paragraph shall be in effect during
the 12-month period beginning on the date on which the court
issues the order to stay discovery. The court shall renew the
order to stay discovery for additional 12-month periods upon
motion by the United States if the Attorney General certifies
that discovery would significantly interfere with a criminal
investigation or prosecution, or a national security operation,
related to the incident that gave rise to the cause of action.
``(2) Sunset.--(A) Subject to subparagraph (B), no stay
shall be granted or continued in effect under paragraph (1)
after the date that is 10 years after the date on which the
incident that gave rise to the cause of action occurred.
``(B) After the period referred to in subparagraph (A), the
court, upon request of the Attorney General, may stay any
request, demand, or order for discovery on the United States
that the court finds a substantial likelihood would--
``(i) create a serious threat of death or serious
bodily injury to any person;
``(ii) adversely affect the ability of the United
States to work in cooperation with foreign and
international law enforcement agencies in investigating
violations of United States law; or
``(iii) obstruct the criminal case related to the
incident that gave rise to the cause of action or
undermine the potential for a conviction in such case.
``(3) Evaluation of evidence.--The court's evaluation of any
request for a stay under this subsection filed by the Attorney
General shall be conducted ex parte and in camera.
``(4) Bar on motions to dismiss.--A stay of discovery under
this subsection shall constitute a bar to the granting of a
motion to dismiss under rules 12(b)(6) and 56 of the Federal
Rules of Civil Procedure.
``(5) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United
States.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
[[Page 110 STAT. 1243]]
(A) by striking the period at the end of paragraph
(6) and inserting ``, or''; and
(B) by adding at the end the following new
paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon which
the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of title
28, United States Code, is amended--
(A) by striking ``or (5)'' and inserting ``(5), or
(7)''; and
(B) by striking ``used for the activity'' and
inserting ``involved in the act''.
(c) <<NOTE: 28 USC 1605 note.>> Applicability.--The amendments made
by this subtitle shall apply to any cause of action arising before, on,
or after the date of the enactment of this Act.
Subtitle C <<NOTE: Justice for Victims of Terrorism Act of 1996.>> --
Assistance to Victims of Terrorism
SEC. 231. <<NOTE: 42 USC 10601 note.>> SHORT TITLE.
This subtitle may be cited as the ``Justice for Victims of Terrorism
Act of 1996''.
SEC. 232. VICTIMS OF TERRORISM ACT.
(a) Authority To Provide Assistance and Compensation to Victims of
Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
is amended by inserting after section 1404A the following new section:
``SEC. 1404B. <<NOTE: 42 USC 10603b.>> COMPENSATION AND ASSISTANCE TO
VICTIMS OF TERRORISM OR MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United States.--The
Director may make supplemental grants as provided in section 1404(a) to
States to provide compensation and assistance to the residents of such
States who, while outside of the territorial boundaries of the United
States, are victims of a terrorist act or mass violence and are not
persons eligible for compensation under title VIII of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.
``(b) Victims of Terrorism Within the United States.--The Director
may make supplemental grants as provided in section 1404(d)(4)(B) to
States for eligible crime victim compensation and assistance programs to
provide emergency relief, including crisis response efforts, assistance,
training, and technical assistance, for the benefit of victims of
terrorist acts or mass violence occurring within the United States and
may provide funding to United States Attorney's Offices for use in
coordination with State victim compensation and assistance efforts in
providing emergency relief.''.
(b) Funding of Compensation and Assistance to Victims of Terrorism,
Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient to
fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund that
was deposited during a fiscal year that was in excess
[[Page 110 STAT. 1244]]
of 110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such reserve
shall not exceed $50,000,000.
``(B) The emergency reserve referred to in subparagraph (A)
may be used for supplemental grants under section 1404B and to
supplement the funds available to provide grants to States for
compensation and assistance in accordance with sections 1403 and
1404 in years in which supplemental grants are needed.''.
(c) Crime Victims Fund Amendments.--
(1) Unobligated funds.--Section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking ``subsection''
and inserting ``chapter''; and
(B) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a
grant under this chapter that remains unspent at the end of a fiscal
year in which the grant is made may be expended for the purpose for
which the grant is made at any time during the 2 succeeding fiscal
years, at the end of which period, any remaining unobligated sums in
excess of $500,000 shall be returned to the Treasury. Any remaining
unobligated sums in an amount less than $500,000 shall be returned to
the Fund.''.
(2) Base amount.--Section 1404(a)(5) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as
follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B),
$500,000; and
``(B) for the territories of the Northern Mariana
Islands, Guam, American Samoa, and the Republic of
Palau, $200,000, with the Republic of Palau's share
governed by the Compact of Free Association between the
United States and the Republic of Palau.''.
SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section 1403(d)(3)
of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended--
(1) by inserting ``crimes involving terrorism,'' before
``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting
``are outside of the United States (if the compensable crime is
terrorism, as defined in section 2331 of title 18, United States Code),
or'' before ``are States not having''.
(c) <<NOTE: South Dakota.>> Designation of Cartney McRaven Child
Development Center.--
(1) Designation.--
(A) In general.--The Federal building at 1314 LeMay
Boulevard, Ellsworth Air Force Base, South Dakota, shall
be known as the ``Cartney McRaven Child Development
Center''.
(B) Replacement building.--If, after the date of
enactment of this Act, a new Federal building is built
[[Page 110 STAT. 1245]]
at the location described in subparagraph (A) to replace
the building described in the paragraph, the new Federal
building shall be known as the ``Cartney McRaven Child
Development Center''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to a
Federal building referred to in paragraph (1) shall be deemed to
be a reference to the ``Cartney McRaven Child Development
Center''.
(d) <<NOTE: 42 USC 10602 note.>> Effective Date.--This section and
the amendments made by this section shall take effect 1 year after the
date of enactment of this Act.
SEC. 234. CRIME VICTIMS FUND.
(a) Prohibition of Payments to Delinquent Criminal Debtors by State
Crime Victim Compensation Programs.--
(1) In general.--Section 1403(b) of the Victims of Crime Act
of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by redesignating paragraph (8) as paragraph (9);
and
(C) by inserting after paragraph (7) the following
new paragraph:
``(8) such program does not provide compensation to any
person who has been convicted of an offense under Federal law
with respect to any time period during which the person is
delinquent in paying a fine, other monetary penalty, or
restitution imposed for the offense; and''.
(2) <<NOTE: 42 USC 10602 note.>> Application of
amendment.--Section 1403(b)(8) of the Victims of Crime Act of
1984, as added by paragraph (1) of this section, shall not be
applied to deny victims compensation to any person until the
date on which the Attorney General, in consultation with the
Director of the Administrative Office of the United States
Courts, issues a written determination that a cost-effective,
readily available criminal debt payment tracking system operated
by the agency responsible for the collection of criminal debt
has established cost-effective, readily available communications
links with entities that administer Federal victim compensation
programs that are sufficient to ensure that victim compensation
is not denied to any person except as authorized by law.
(b) Exclusion From Income for Purposes of Means Tests.--Section 1403
of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by
inserting after subsection (b) the following new subsection:
``(c) Exclusion From Income for Purposes of Means Tests.--
Notwithstanding any other law, for the purpose of any maximum allowed
income eligibility requirement in any Federal, State, or local
government program using Federal funds that provides medical or other
assistance (or payment or reimbursement of the cost of such assistance)
that becomes necessary to an applicant for such assistance in full or in
part because of the commission of a crime against the applicant, as
determined by the Director, any amount of crime victim compensation that
the applicant receives through a crime victim compensation program under
this section shall not be included in the income of the applicant until
the total amount of assistance that the applicant
[[Page 110 STAT. 1246]]
receives from all such programs is sufficient to fully compensate the
applicant for losses suffered as a result of the crime.''.
SEC. 235. <<NOTE: 42 USC 10608.>> CLOSED CIRCUIT TELEVISED COURT
PROCEEDINGS FOR VICTIMS OF CRIME.
(a) In General.--Notwithstanding any provision of the Federal Rules
of Criminal Procedure to the contrary, in order to permit victims of
crime to watch criminal trial proceedings in cases where the venue of
the trial is changed--
(1) out of the State in which the case was initially
brought; and
(2) more than 350 miles from the location in which those
proceedings originally would have taken place;
the trial court shall order closed circuit televising of the proceedings
to that location, for viewing by such persons the court determines have
a compelling interest in doing so and are otherwise unable to do so by
reason of the inconvenience and expense caused by the change of venue.
(b) Limited Access.--
(1) Generally.--No other person, other than official court
and security personnel, or other persons specifically designated
by the court, shall be permitted to view the closed circuit
televising of the proceedings.
(2) Exception.--The court shall not designate a person under
paragraph (1) if the presiding judge at the trial determines
that testimony by that person would be materially affected if
that person heard other testimony at the trial.
(c) Restrictions.--
(1) The signal transmitted pursuant to subsection (a) shall
be under the control of the court at all times and shall only be
transmitted subject to the terms and conditions imposed by the
court.
(2) No public broadcast or dissemination shall be made of
the signal transmitted pursuant to subsection (a). In the event
any tapes are produced in carrying out subsection (a), such
tapes shall be the property of the court and kept under seal.
(3) Any violations of this subsection, or any rule or order
made pursuant to this section, shall be punishable as contempt
of court as described in section 402 of title 18, United States
Code.
(d) Donations.--The Administrative Office of the United States
Courts may accept donations to enable the courts to carry out subsection
(a).
(e) Construction.--
(1) Nothing in this section shall be construed--
(i) to create in favor of any person a cause of
action against the United States or any officer or
employees thereof, or
(ii) to provide any person with a defense in any
action in which application of this section is made.
(f) Definition.--As used in this section, the term ``State'' means
any State, the District of Columbia, or any possession or territory of
the United States.
(g) Rules.--The Judicial Conference of the United States, pursuant
to its rule making authority under section 331 of title 28, United
States Code, may promulgate and issue rules, or amend
[[Page 110 STAT. 1247]]
existing rules, to effectuate the policy addressed by this
section. <<NOTE: Termination date.>> Upon the implementation of such
rules, this section shall cease to be effective.
(h) Effective Date.--This section shall only apply to cases filed
after January 1, 1995.
SEC. 236. TECHNICAL CORRECTION.
Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42 U.S.C.
10601(d)(3)(B)) is amended by striking ``1404A'' and inserting
``1404(a)''.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
SEC. 301. <<NOTE: 18 USC 2339B note.>> FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) international terrorism is a serious and deadly problem
that threatens the vital interests of the United States;
(2) the Constitution confers upon Congress the power to
punish crimes against the law of nations and to carry out the
treaty obligations of the United States, and therefore Congress
may by law impose penalties relating to the provision of
material support to foreign organizations engaged in terrorist
activity;
(3) the power of the United States over immigration and
naturalization permits the exclusion from the United States of
persons belonging to international terrorist organizations;
(4) international terrorism affects the interstate and
foreign commerce of the United States by harming international
trade and market stability, and limiting international travel by
United States citizens as well as foreign visitors to the United
States;
(5) international cooperation is required for an effective
response to terrorism, as demonstrated by the numerous
multilateral conventions in force providing universal
prosecutive jurisdiction over persons involved in a variety of
terrorist acts, including hostage taking, murder of an
internationally protected person, and aircraft piracy and
sabotage;
(6) some foreign terrorist organizations, acting through
affiliated groups or individuals, raise significant funds within
the United States, or use the United States as a conduit for the
receipt of funds raised in other nations; and
(7) foreign organizations that engage in terrorist activity
are so tainted by their criminal conduct that any contribution
to such an organization facilitates that conduct.
(b) Purpose.--The purpose of this subtitle is to provide the Federal
Government the fullest possible basis, consistent with the Constitution,
to prevent persons within the United States, or subject to the
jurisdiction of the United States, from providing material support or
resources to foreign organizations that engage in terrorist activities.
[[Page 110 STAT. 1248]]
SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end
the following:
``SEC. 219. <<NOTE: 8 USC 1189.>> DESIGNATION OF FOREIGN TERRORIST
ORGANIZATIONS.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate
an organization as a foreign terrorist organization in
accordance with this subsection if the Secretary finds that--
``(A) the organization is a foreign organization;
``(B) the organization engages in terrorist activity
(as defined in section 212(a)(3)(B)); and
``(C) the terrorist activity of the organization
threatens the security of United States nationals or the
national security of the United States.
``(2) Procedure.--
``(A) Notice.--Seven days before making a
designation under this subsection, the Secretary shall,
by classified communication--
``(i) notify the Speaker and Minority Leader
of the House of Representatives, the President pro
tempore, Majority Leader, and Minority Leader of
the Senate, and the members of the relevant
committees, in writing, of the intent to designate
a foreign organization under this subsection,
together with the findings made under paragraph
(1) with respect to that organization, and the
factual basis therefor; and
``(ii) <<NOTE: Federal Register,
publication.>> seven days after such
notification, publish the designation in the
Federal Register.
``(B) Effect of designation.--
``(i) For purposes of section 2339B of title
18, United States Code, a designation under this
subsection shall take effect upon publication
under subparagraph (A).
``(ii) <<NOTE: Termination date.>> Any
designation under this subsection shall cease to
have effect upon an Act of Congress disapproving
such designation.
``(C) Freezing of assets.--Upon notification under
paragraph (2), the Secretary of the Treasury may require
United States financial institutions possessing or
controlling any assets of any foreign organization
included in the notification to block all financial
transactions involving those assets until further
directive from either the Secretary of the Treasury, Act
of Congress, or order of court.
``(3) Record.--
``(A) In general.--In making a designation under
this subsection, the Secretary shall create an
administrative record.
``(B) Classified information.--The Secretary may
consider classified information in making a designation
under this subsection. Classified information shall not
be subject to disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for purposes
of judicial review under subsection (c).
``(4) Period of designation.--
[[Page 110 STAT. 1249]]
``(A) <<NOTE: Effective date.>> In general.--
Subject to paragraphs (5) and (6), a designation under
this subsection shall be effective for all purposes for
a period of 2 years beginning on the effective date of
the designation under paragraph (2)(B).
``(B) Redesignation.--The Secretary may redesignate
a foreign organization as a foreign terrorist
organization for an additional 2-year period at the end
of the 2-year period referred to in subparagraph (A)
(but not sooner than 60 days prior to the termination of
such period) upon a finding that the relevant
circumstances described in paragraph (1) still exist.
The procedural requirements of paragraphs (2) and (3)
shall apply to a redesignation under this subparagraph.
``(5) Revocation by act of congress.--The Congress, by an
Act of Congress, may block or revoke a designation made under
paragraph (1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Secretary may revoke a
designation made under paragraph (1) if the Secretary
finds that--
``(i) the circumstances that were the basis
for the designation have changed in such a manner
as to warrant revocation of the designation; or
``(ii) the national security of the United
States warrants a revocation of the designation.
``(B) Procedure.--The procedural requirements of
paragraphs (2) through (4) shall apply to a revocation
under this paragraph.
``(7) Effect of revocation.--The revocation of a designation
under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct committed prior to the effective
date of such revocation.
``(8) Use of designation in trial or hearing.--If a
designation under this subsection has become effective under
paragraph (1)(B), a defendant in a criminal action shall not be
permitted to raise any question concerning the validity of the
issuance of such designation as a defense or an objection at any
trial or hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication
of the designation in the Federal Register, an organization
designated as a foreign terrorist organization may seek judicial
review of the designation in the United States Court of Appeals
for the District of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall
be based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation.
``(3) Scope of review.--The Court shall hold unlawful and
set aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of discretion,
or otherwise not in accordance with law;
``(B) contrary to constitutional right, power,
privilege, or immunity; or
``(C) in excess of statutory jurisdiction,
authority, or limitation, or short of statutory right.
[[Page 110 STAT. 1250]]
``(4) Judicial review invoked.--The pendency of an action
for judicial review of a designation shall not affect the
application of this section, unless the court issues a final
order setting aside the designation.
``(c) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `national security' means the national
defense, foreign relations, or economic interests of the United
States;
``(3) the term `relevant committees' means the Committees on
the Judiciary, Intelligence, and Foreign Relations of the Senate
and the Committees on the Judiciary, Intelligence, and
International Relations of the House of Representatives; and
``(4) the term `Secretary' means the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney
General.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act, relating to terrorism, is amended by inserting
after the item relating to section 218 the following new item:
``Sec. 219. Designation of foreign terrorist organizations.''.
SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.
(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339B. Providing material support or resources to designated
foreign terrorist organizations
``(a) Prohibited Activities.--
``(1) Unlawful conduct.--Whoever, within the United States
or subject to the jurisdiction of the United States, knowingly
provides material support or resources to a foreign terrorist
organization, or attempts or conspires to do so, shall be fined
under this title or imprisoned not more than 10 years, or both.
``(2) Financial institutions.--Except as authorized by the
Secretary, any financial institution that becomes aware that it
has possession of, or control over, any funds in which a foreign
terrorist organization, or its agent, has an interest, shall--
``(A) retain possession of, or maintain control
over, such funds; and
``(B) <<NOTE: Reports. Regulations.>> report to the
Secretary the existence of such funds in accordance with
regulations issued by the Secretary.
``(b) Civil Penalty.--Any financial institution that knowingly fails
to comply with subsection (a)(2) shall be subject to a civil penalty in
an amount that is the greater of--
``(A) $50,000 per violation; or
``(B) twice the amount of which the financial
institution was required under subsection (a)(2) to
retain possession or control.
``(c) Injunction.--Whenever it appears to the Secretary or the
Attorney General that any person is engaged in, or is about to engage
in, any act that constitutes, or would constitute, a violation of this
section, the Attorney General may initiate civil action in a district
court of the United States to enjoin such violation.
[[Page 110 STAT. 1251]]
``(d) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(e) Investigations.--
``(1) In general.--The Attorney General shall conduct any
investigation of a possible violation of this section, or of any
license, order, or regulation issued pursuant to this section.
``(2) Coordination with the department of the treasury.--The
Attorney General shall work in coordination with the Secretary
in investigations relating to--
``(A) the compliance or noncompliance by a financial
institution with the requirements of subsection (a)(2);
and
``(B) civil penalty proceedings authorized under
subsection (b).
``(3) Referral.--Any evidence of a criminal violation of
this section arising in the course of an investigation by the
Secretary or any other Federal agency shall be referred
immediately to the Attorney General for further investigation.
The Attorney General shall timely notify the Secretary of any
action taken on referrals from the Secretary, and may refer
investigations to the Secretary for remedial licensing or civil
penalty action.
``(f) Classified Information in Civil Proceedings Brought by the
United States.--
``(1) Discovery of classified information by defendants.--
``(A) Request by united states.--In any civil
proceeding under this section, upon request made ex
parte and in writing by the United States, a court, upon
a sufficient showing, may authorize the United States
to--
``(i) redact specified items of classified
information from documents to be introduced into
evidence or made available to the defendant
through discovery under the Federal Rules of Civil
Procedure;
``(ii) substitute a summary of the information
for such classified documents; or
``(iii) substitute a statement admitting
relevant facts that the classified information
would tend to prove.
``(B) <<NOTE: Records.>> Order granting request.--
If the court enters an order granting a request under
this paragraph, the entire text of the documents to
which the request relates shall be sealed and preserved
in the records of the court to be made available to the
appellate court in the event of an appeal.
``(C) <<NOTE: Records.>> Denial of request.--If the
court enters an order denying a request of the United
States under this paragraph, the United States may take
an immediate, interlocutory appeal in accordance with
paragraph (5). For purposes of such an appeal, the
entire text of the documents to which the request
relates, together with any transcripts of arguments made
ex parte to the court in connection therewith, shall be
maintained under seal and delivered to the appellate
court.
``(2) Introduction of classified information; precautions by
court.--
``(A) Exhibits.--To prevent unnecessary or
inadvertent disclosure of classified information in a
civil proceeding
[[Page 110 STAT. 1252]]
brought by the United States under this section, the
United States may petition the court ex parte to admit,
in lieu of classified writings, recordings, or
photographs, one or more of the following:
``(i) Copies of items from which classified
information has been redacted.
``(ii) Stipulations admitting relevant facts
that specific classified information would tend to
prove.
``(iii) A declassified summary of the specific
classified information.
``(B) Determination by court.--The court shall grant
a request under this paragraph if the court finds that
the redacted item, stipulation, or summary is sufficient
to allow the defendant to prepare a defense.
``(3) Taking of trial testimony.--
``(A) Objection.--During the examination of a
witness in any civil proceeding brought by the United
States under this subsection, the United States may
object to any question or line of inquiry that may
require the witness to disclose classified information
not previously found to be admissible.
``(B) Action by court.--In determining whether a
response is admissible, the court shall take precautions
to guard against the compromise of any classified
information, including--
``(i) permitting the United States to provide
the court, ex parte, with a proffer of the
witness's response to the question or line of
inquiry; and
``(ii) requiring the defendant to provide the
court with a proffer of the nature of the
information that the defendant seeks to elicit.
``(C) Obligation of defendant.--In any civil
proceeding under this section, it shall be the
defendant's obligation to establish the relevance and
materiality of any classified information sought to be
introduced.
``(4) Appeal.--If the court enters an order denying a
request of the United States under this subsection, the United
States may take an immediate interlocutory appeal in accordance
with paragraph (5).
``(5) Interlocutory appeal.--
``(A) Subject of appeal.--An interlocutory appeal by
the United States shall lie to a court of appeals from a
decision or order of a district court--
``(i) authorizing the disclosure of classified
information;
``(ii) imposing sanctions for nondisclosure of
classified information; or
``(iii) refusing a protective order sought by
the United States to prevent the disclosure of
classified information.
``(B) Expedited consideration.--
``(i) In general.--An appeal taken pursuant to
this paragraph, either before or during trial,
shall be expedited by the court of appeals.
``(ii) Appeals prior to trial.--If an appeal
is of an order made prior to trial, an appeal
shall be taken not later than 10 days after the
decision or order
[[Page 110 STAT. 1253]]
appealed from, and the trial shall not commence
until the appeal is resolved.
``(iii) Appeals during trial.--If an appeal is
taken during trial, the trial court shall adjourn
the trial until the appeal is resolved, and the
court of appeals--
``(I) shall hear argument on such
appeal not later than 4 days after the
adjournment of the trial;
``(II) may dispense with written
briefs other than the supporting
materials previously submitted to the
trial court;
``(III) shall render its decision
not later than 4 days after argument on
appeal; and
``(IV) may dispense with the
issuance of a written opinion in
rendering its decision.
``(C) Effect of ruling.--An interlocutory appeal and
decision shall not affect the right of the defendant, in
a subsequent appeal from a final judgment, to claim as
error reversal by the trial court on remand of a ruling
appealed from during trial.
``(6) Construction.--Nothing in this subsection shall
prevent the United States from seeking protective orders or
asserting privileges ordinarily available to the United States
to protect against the disclosure of classified information,
including the invocation of the military and State secrets
privilege.
``(g) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning
given that term in section 1(a) of the Classified Information
Procedures Act (18 U.S.C. App.);
``(2) the term `financial institution' has the same meaning
as in section 5312(a)(2) of title 31, United States Code;
``(3) the term `funds' includes coin or currency of the
United States or any other country, traveler's checks, personal
checks, bank checks, money orders, stocks, bonds, debentures,
drafts, letters of credit, any other negotiable instrument, and
any electronic representation of any of the foregoing;
``(4) the term `material support or resources' has the same
meaning as in section 2339A;
``(5) the term `Secretary' means the Secretary of the
Treasury; and
``(6) the term `terrorist organization' means an
organization designated as a terrorist organization under
section 219 of the Immigration and Nationality Act.''.
(b) Clerical Amendment to Table of Sections.--The table of sections
at the beginning of chapter 113B of title 18, United States Code, is
amended by adding at the end the following new item:
``2339B. Providing material support or resources to designated foreign
terrorist organizations.''.
(c) Technical Amendment.--
(1) New item.--Chapter 113B of title 18, United States Code,
relating to torture, is redesignated as chapter 113C.
(2) Table of chapters.--The table of chapters for part I of
title 18, United States Code, is amended by striking ``113B.
Torture'' and inserting ``113C. Torture''.
[[Page 110 STAT. 1254]]
Subtitle B--Prohibition on Assistance to Terrorist States
SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the section 2332c
added by section 521 of this Act the following new section:
``Sec. 2332d. Financial transactions
``(a) Offense.--Except as provided in regulations issued by the
Secretary of the Treasury, in consultation with the Secretary of State,
whoever, being a United States person, knowing or having reasonable
cause to know that a country is designated under section 6(j) of the
Export Administration Act (50 U.S.C. App. 2405) as a country supporting
international terrorism, engages in a financial transaction with the
government of that country, shall be fined under this title, imprisoned
for not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `financial transaction' has the same meaning
as in section 1956(c)(4); and
``(2) the term `United States person' means any--
``(A) United States citizen or national;
``(B) permanent resident alien;
``(C) juridical person organized under the laws of
the United States; or
``(D) any person in the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, relating to terrorism, is
amended by inserting after the item added by section 521 of this Act the
following new item:
``2332d. Financial transactions.''.
(c) <<NOTE: 18 USC 2332d note.>> Effective Date.--The amendments
made by this section shall become effective 120 days after the date of
enactment of this Act.
SEC. 322. FOREIGN AIR TRAVEL SAFETY.
Section 44906 of title 49, United States Code, is amended to read as
follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration shall
continue in effect the requirement of section 129.25 of title 14, Code
of Federal Regulations, that a foreign air carrier must adopt and use a
security program approved by the Administrator. The Administrator shall
not approve a security program of a foreign air carrier under section
129.25, or any successor regulation, unless the security program
requires the foreign air carrier in its operations to and from airports
in the United States to adhere to the identical security measures that
the Administrator requires air carriers serving the same airports to
adhere to. The foregoing requirement shall not be interpreted to limit
the ability of the Administrator to impose additional security measures
on a foreign air carrier or an air carrier when the Administrator
determines that a specific threat warrants such additional
measures. <<NOTE: Regulations.>> The Administrator shall prescribe
regulations to carry out this section.''.
[[Page 110 STAT. 1255]]
SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended to read as
follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides material
support or resources or conceals or disguises the nature, location,
source, or ownership of material support or resources, knowing or
intending that they are to be used in preparation for, or in carrying
out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m) or (n),
844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751,
2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or
section 46502 of title 49, or in preparation for, or in carrying out,
the concealment from the commission of any such violation, shall be
fined under this title, imprisoned not more than 10 years, or both.
``(b) Definition.--In this section, the term `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.''.
SEC. 324. <<NOTE: 22 USC 2377 note.>> FINDINGS.
The Congress finds that--
(1) international terrorism is among the most serious
transnational threats faced by the United States and its allies,
far eclipsing the dangers posed by population growth or
pollution;
(2) the President should continue to make efforts to counter
international terrorism a national security priority;
(3) because the United Nations has been an inadequate forum
for the discussion of cooperative, multilateral responses to the
threat of international terrorism, the President should
undertake immediate efforts to develop effective multilateral
responses to international terrorism as a complement to national
counter terrorist efforts;
(4) the President should use all necessary means, including
covert action and military force, to disrupt, dismantle, and
destroy international infrastructure used by international
terrorists, including overseas terrorist training facilities and
safe havens;
(5) the Congress deplores decisions to ease, evade, or end
international sanctions on state sponsors of terrorism,
including the recent decision by the United Nations Sanctions
Committee to allow airline flights to and from Libya despite
Libya's noncompliance with United Nations resolutions; and
(6) the President should continue to undertake efforts to
increase the international isolation of state sponsors of
international terrorism, including efforts to strengthen
international sanctions, and should oppose any future
initiatives to ease sanctions on Libya or other state sponsors
of terrorism.
[[Page 110 STAT. 1256]]
SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620F the following new
section:
``SEC. 620G <<NOTE: President. 22 USC 2377.>> . PROHIBITION ON
ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES.
``(a) Withholding of Assistance.--The President shall withhold
assistance under this Act to the government of any country that provides
assistance to the government of any other country for which the
Secretary of State has made a determination under section 620A.
``(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a) if the
President determines that furnishing such assistance is important to the
national interests of the United States and, not later than 15 days
before obligating such assistance, furnishes a report to the appropriate
committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY
EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620G the following new
section:
``SEC. 620H. <<NOTE: President. 22 USC 2378.>> PROHIBITION ON
ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO
TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--The President shall withhold assistance
under this Act to the government of any country that provides
lethal military equipment to a country the government of which
the Secretary of State has determined is a terrorist government
for the purposes of section 6(j) of the Export Administration
Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371).
``(2) Applicability.--The prohibition under this section
with respect to a foreign government shall terminate 1 year
after that government ceases to provide lethal military
equipment. This section applies with respect to lethal military
equipment provided under a contract entered into after the date
of enactment of this Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described in
subsection (a) if the President determines that furnishing such
assistance is important to the national interests of the United States
and, not later than 15 days before obligating such assistance, furnishes
a report to the appropriate committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be
provided;
``(3) the estimated dollar amount of the assistance; and
[[Page 110 STAT. 1257]]
``(4) an explanation of how the assistance furthers United
States national interests.''.
SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C. 262c et
seq.) is amended by inserting after section 1620 the following new
section:
``SEC. 1621. <<NOTE: 22 USC 262p-4q.>> OPPOSITION TO ASSISTANCE BY
INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to oppose any
loan or other use of the funds of the respective institution to or for a
country for which the Secretary of State has made a determination under
section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
``(b) Definition.--For purposes of this section, the term
`international financial institution' includes--
``(1) the International Bank for Reconstruction and
Development, the International Development Association, and the
International Monetary Fund;
``(2) wherever applicable, the Inter-American Bank, the
Asian Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund; and
``(3) any similar institution established after the date of
enactment of this section.''.
SEC. 328. <<NOTE: 22 USC 2349aa-10.>> ANTITERRORISM ASSISTANCE.
(a) Foreign Assistance Act.--Section 573 of the Foreign Assistance
Act of 1961 (22 U.S.C. 2349aa-2) is amended--
(1) in subsection (c), by striking ``development and
implementation of the antiterrorism assistance program under
this chapter, including'';
(2) by amending subsection (d) to read as follows:
``(d)(1) Arms and ammunition may be provided under this chapter only
if they are directly related to antiterrorism assistance.
``(2) The value (in terms of original acquisition cost) of all
equipment and commodities provided under this chapter in any fiscal year
shall not exceed 30 percent of the funds made available to carry out
this chapter for that fiscal year.''; and
(3) by striking subsection (f).
(b) Assistance to Foreign Countries To Procure Explosives Detection
Devices and Other Counterterrorism Technology.--(1) Subject to section
575(b), up to $3,000,000 in any fiscal year may be made available--
(A) to procure explosives detection devices and other
counterterrorism technology; and
(B) for joint counterterrorism research and development
projects on such technology conducted with NATO and major non-
NATO allies under the auspices of the Technical Support Working
Group of the Department of State.
(2) As used in this subsection, the term ``major non-NATO allies''
means those countries designated as major non-NATO allies for purposes
of section 2350a(i)(3) of title 10, United States Code.
[[Page 110 STAT. 1258]]
(c) Assistance to Foreign Countries.--Notwithstanding any other
provision of law (except section 620A of the Foreign Assistance Act of
1961) up to $1,000,000 in assistance may be provided to a foreign
country for counterterrorism efforts in any fiscal year if--
(1) such assistance is provided for the purpose of
protecting the property of the United States Government or the
life and property of any United States citizen, or furthering
the apprehension of any individual involved in any act of
terrorism against such property or persons; and
(2) the appropriate committees of Congress are notified not
later than 15 days prior to the provision of such assistance.
SEC. 329. <<NOTE: 22 USC 2349aa-10 note.>> DEFINITION OF ASSISTANCE.
For purposes of this title--
(1) the term ``assistance'' means assistance to or for the
benefit of a government of any country that is provided by
grant, concessional sale, guaranty, insurance, or by any other
means on terms more favorable than generally available in the
applicable market, whether in the form of a loan, lease, credit,
debt relief, or otherwise, including subsidies for exports to
such country and favorable tariff treatment of articles that are
the growth, product, or manufacture of such country; and
(2) the term ``assistance'' does not include assistance of
the type authorized under chapter 9 of part 1 of the Foreign
Assistance Act of 1961 (relating to international disaster
assistance).
SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR
COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES
ANTITERRORISM EFFORTS.
Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is
amended by adding at the end the following:
``Sec. 40A. <<NOTE: President. 22 USC 2781.>> Transactions With
Countries Not Fully Cooperating With United States Antiterrorism
Efforts.--
``(a) Prohibited Transactions.--No defense article or defense
service may be sold or licensed for export under this Act in a fiscal
year to a foreign country that the President determines and certifies to
Congress, by May 15 of the calendar year in which that fiscal year
begins, is not cooperating fully with United States antiterrorism
efforts.
``(b) Waiver.--The President may waive the prohibition set forth in
subsection (a) with respect to a specific transaction if the President
determines that the transaction is important to the national interests
of the United States.''.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
SEC. 401. ALIEN TERRORIST REMOVAL.
(a) In General.--The Immigration and Nationality Act is amended by
adding at the end the following new title:
[[Page 110 STAT. 1259]]
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. <<NOTE: 8 USC 1531.>> DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien described
in section 241(a)(4)(B);
``(2) the term `classified information' has the same meaning
as in section 1(a) of the Classified Information Procedures Act
(18 U.S.C. App.);
``(3) the term `national security' has the same meaning as
in section 1(b) of the Classified Information Procedures Act (18
U.S.C. App.);
``(4) the term `removal court' means the court described in
section 502;
``(5) the term `removal hearing' means the hearing described
in section 504; and
``(6) the term `removal proceeding' means a proceeding under
this title.
``SEC. 502. <<NOTE: 8 USC 1532.>> ESTABLISHMENT OF REMOVAL COURT.
``(a) Designation of Judges.--The Chief Justice of the United States
shall publicly designate 5 district court judges from 5 of the United
States judicial circuits who shall constitute a court that shall have
jurisdiction to conduct all removal proceedings. The Chief Justice may,
in the Chief Justice's discretion, designate the same judges under this
section as are designated pursuant to section 103(a) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
``(b) Terms.--Each judge designated under subsection (a) shall serve
for a term of 5 years and shall be eligible for redesignation, except
that of the members first designated--
``(1) 1 member shall serve for a term of 1 year;
``(2) 1 member shall serve for a term of 2 years;
``(3) 1 member shall serve for a term of 3 years; and
``(4) 1 member shall serve for a term of 4 years.
``(c) Chief Judge.--
``(1) Designation.--The Chief Justice shall publicly
designate one of the judges of the removal court to be the chief
judge of the removal court.
``(2) Responsibilities.--The chief judge shall--
``(A) promulgate rules to facilitate the functioning
of the removal court; and
``(B) assign the consideration of cases to the
various judges on the removal court.
``(d) Expeditious and Confidential Nature of Proceedings.--The
provisions of section 103(c) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in
the same manner as they apply to proceedings under that Act.
``SEC. 503. <<NOTE: 8 USC 1533.>> REMOVAL COURT PROCEDURE.
``(a) Application.--
``(1) In general.--In any case in which the Attorney General
has classified information that an alien is an alien terrorist,
the Attorney General may seek removal of the alien under
[[Page 110 STAT. 1260]]
this title by filing an application with the removal court that
contains--
``(A) the identity of the attorney in the Department
of Justice making the application;
``(B) a certification by the Attorney General or the
Deputy Attorney General that the application satisfies
the criteria and requirements of this section;
``(C) the identity of the alien for whom
authorization for the removal proceeding is sought; and
``(D) a statement of the facts and circumstances
relied on by the Department of Justice to establish
probable cause that--
``(i) the alien is an alien terrorist;
``(ii) the alien is physically present in the
United States; and
``(iii) with respect to such alien, removal
under title II would pose a risk to the national
security of the United States.
``(2) Filing.--An application under this section shall be
submitted ex parte and in camera, and shall be filed under seal
with the removal court.
``(b) Right To Dismiss.--The Attorney General may dismiss a removal
action under this title at any stage of the proceeding.
``(c) Consideration of Application.--
``(1) Basis for decision.--In determining whether to grant
an application under this section, a single judge of the removal
court may consider, ex parte and in camera, in addition to the
information contained in the application--
``(A) other information, including classified
information, presented under oath or affirmation; and
``(B) <<NOTE: Records.>> testimony received in any
hearing on the application, of which a verbatim record
shall be kept.
``(2) Approval of order.--The judge shall issue an order
granting the application, if the judge finds that there is
probable cause to believe that--
``(A) the alien who is the subject of the
application has been correctly identified and is an
alien terrorist present in the United States; and
``(B) removal under title II would pose a risk to
the national security of the United States.
``(3) Denial of order.--If the judge denies the order
requested in the application, the judge shall prepare a written
statement of the reasons for the denial, taking all necessary
precautions not to disclose any classified information contained
in the Government's application.
``(d) Exclusive Provisions.--If an order is issued under this
section granting an application, the rights of the alien regarding
removal and expulsion shall be governed solely by this title, and except
as they are specifically referenced in this title, no other provisions
of this Act shall be applicable.
``SEC. 504. <<NOTE: 8 USC 1534.>> REMOVAL HEARING.
``(a) In General.--
``(1) Expeditious hearing.--In any case in which an
application for an order is approved under section 503(c)(2), a
removal hearing shall be conducted under this section as
expeditiously as practicable for the purpose of determining
[[Page 110 STAT. 1261]]
whether the alien to whom the order pertains should be removed
from the United States on the grounds that the alien is an alien
terrorist.
``(2) Public hearing.--The removal hearing shall be open to
the public.
``(b) Notice.--An alien who is the subject of a removal hearing
under this title shall be given reasonable notice of--
``(1) the nature of the charges against the alien, including
a general account of the basis for the charges; and
``(2) the time and place at which the hearing will be held.
``(c) Rights in Hearing.--
``(1) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any
alien financially unable to obtain counsel shall be entitled to
have counsel assigned to represent the alien. Such counsel shall
be appointed by the judge pursuant to the plan for furnishing
representation for any person financially unable to obtain
adequate representation for the district in which the hearing is
conducted, as provided for in section 3006A of title 18, United
States Code. All provisions of that section shall apply and, for
purposes of determining the maximum amount of compensation, the
matter shall be treated as if a felony was charged.
``(2) Introduction of evidence.--Subject to the limitations
in subsection (e), the alien shall have a reasonable opportunity
to introduce evidence on the alien's own behalf.
``(3) Examination of witnesses.--Subject to the limitations
in subsection (e), the alien shall have a reasonable opportunity
to examine the evidence against the alien and to cross-examine
any witness.
``(4) Record.--A verbatim record of the proceedings and of
all testimony and evidence offered or produced at such a hearing
shall be kept.
``(5) Removal decision based on evidence at hearing.--The
decision of the judge regarding removal shall be based only on
that evidence introduced at the removal hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
removal hearing, either the alien or the Department of Justice
may request the judge to issue a subpoena for the presence of a
named witness (which subpoena may also command the person to
whom it is directed to produce books, papers, documents, or
other objects designated therein) upon a satisfactory showing
that the presence of the witness is necessary for the
determination of any material matter. Such a request may be made
ex parte except that the judge shall inform the Department of
Justice of any request for a subpoena by the alien for a witness
or material if compliance with such a subpoena would reveal
classified evidence or the source of that evidence. The
Department of Justice shall be given a reasonable opportunity to
oppose the issuance of such a subpoena.
``(2) Payment for attendance.--If an application for a
subpoena by the alien also makes a showing that the alien is
financially unable to pay for the attendance of a witness so
requested, the court may order the costs incurred by the process
and the fees of the witness so subpoenaed to be paid from funds
appropriated for the enforcement of title II.
[[Page 110 STAT. 1262]]
``(3) Nationwide service.--A subpoena under this subsection
may be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this
subsection shall receive the same fees and expenses as a witness
subpoenaed in connection with a civil proceeding in a court of
the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Discovery.--
``(1) In general.--For purposes of this title--
``(A) discovery of information derived pursuant to
the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.), or otherwise collected for
national security purposes, shall not be authorized if
disclosure would present a risk to the national security
of the United States;
``(B) an alien subject to removal under this title
shall not be entitled to suppress evidence that the
alien alleges was unlawfully obtained; and
``(C) section 3504 of title 18, United States Code,
and section 1806(c) of title 50, United States Code,
shall not apply if the Attorney General determines that
public disclosure would pose a risk to the national
security of the United States because it would disclose
classified information or otherwise threaten the
integrity of a pending investigation.
``(2) Protective orders.--Nothing in this title shall
prevent the United States from seeking protective orders and
from asserting privileges ordinarily available to the United
States to protect against the disclosure of classified
information, including the invocation of the military and State
secrets privileges.
``(3) Treatment of classified information.--
``(A) Use.--The judge shall examine, ex parte and in
camera, any evidence for which the Attorney General
determines that public disclosure would pose a risk to
the national security of the United States or to the
security of any individual because it would disclose
classified information.
``(B) Submission.--With respect to such information,
the Government shall submit to the removal court an
unclassified summary of the specific evidence that does
not pose that risk.
``(C) Approval.--Not later than 15 days after
submission, the judge shall approve the summary if the
judge finds that it is sufficient to enable the alien to
prepare a defense. The Government shall deliver to the
alien a copy of the unclassified summary approved under
this subparagraph.
``(D) Disapproval.--
``(i) In general.--If an unclassified summary
is not approved by the removal court under
subparagraph (C), the Government shall be afforded
15 days to correct the deficiencies identified by
the court and submit a revised unclassified
summary.
``(ii) Revised summary.--If the revised
unclassified summary is not approved by the court
within 15 days
[[Page 110 STAT. 1263]]
of its submission pursuant to subparagraph (C),
the removal hearing shall be terminated.
``(f) Arguments.--Following the receipt of evidence, the Government
and the alien shall be given fair opportunity to present argument as to
whether the evidence is sufficient to justify the removal of the alien.
The Government shall open the argument. The alien shall be permitted to
reply. The Government shall then be permitted to reply in rebuttal.
``(g) Burden of Proof.--In the hearing, it is the Government's
burden to prove, by the preponderance of the evidence, that the alien is
subject to removal because the alien is an alien terrorist.
``(h) Rules of Evidence.--The Federal Rules of Evidence shall not
apply in a removal hearing.
``(i) Determination of Deportation.--If the judge, after considering
the evidence on the record as a whole, finds that the Government has met
its burden, the judge shall order the alien removed and detained pending
removal from the United States. If the alien was released pending the
removal hearing, the judge shall order the Attorney General to take the
alien into custody.
``(j) Written Order.--At the time of issuing a decision as to
whether the alien shall be removed, the judge shall prepare a written
order containing a statement of facts found and conclusions of law.
``(k) No Right to Ancillary Relief.--At no time shall the judge
consider or provide for relief from removal based on--
``(1) asylum under section 208;
``(2) withholding of deportation under section 243(h);
``(3) suspension of deportation under subsection (a) or (e)
of section 244;
``(4) adjustment of status under section 245; or
``(5) registry under section 249.
``SEC. 505. <<NOTE: 8 USC 1535.>> APPEALS.
``(a) Appeal of Denial of Application for Removal Proceedings.--
``(1) In general.--The Attorney General may seek a review of
the denial of an order sought in an application filed pursuant
to section 503. The appeal shall be filed in the United States
Court of Appeals for the District of Columbia Circuit by notice
of appeal filed not later than 20 days after the date of such
denial.
``(2) Record on appeal.--The entire record of the proceeding
shall be transmitted to the Court of Appeals under seal, and the
Court of Appeals shall hear the matter ex parte.
``(3) Standard of review.--The Court of Appeals shall--
``(A) review questions of law de novo; and
``(B) set aside a finding of fact only if such
finding was clearly erroneous.
``(b) Appeal of Determination Regarding Summary of Classified
Information.--
``(1) In general.--The United States may take an
interlocutory appeal to the United States Court of Appeals for
the District of Columbia Circuit of--
``(A) any determination by the judge pursuant to
section 504(e)(3); or
``(B) the refusal of the court to make the findings
permitted by section 504(e)(3).
[[Page 110 STAT. 1264]]
``(2) Record.--In any interlocutory appeal taken pursuant to
this subsection, the entire record, including any proposed order
of the judge, any classified information and the summary of
evidence, shall be transmitted to the Court of Appeals. The
classified information shall be transmitted under seal. A
verbatim record of such appeal shall be kept under seal in the
event of any other judicial review.
``(c) Appeal of Decision in Hearing.--
``(1) In general.--The decision of the judge after a removal
hearing may be appealed by either the alien or the Attorney
General to the United States Court of Appeals for the District
of Columbia Circuit by notice of appeal filed not later than 20
days after the date on which the order is issued. The order
shall not be enforced during the pendency of an appeal under
this subsection.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to this subsection--
``(A) the entire record shall be transmitted to the
Court of Appeals; and
``(B) information received in camera and ex parte,
and any portion of the order that would reveal the
substance or source of such information, shall be
transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal or
review to the Court of Appeals under this subsection--
``(A) the appeal or review shall be heard as
expeditiously as practicable and the court may dispense
with full briefing and hear the matter solely on the
record of the judge of the removal court and on such
briefs or motions as the court may require to be filed
by the parties;
``(B) the Court of Appeals shall issue an opinion
not later than 60 days after the date of the issuance of
the final order of the district court;
``(C) the court shall review all questions of law de
novo; and
``(D) a finding of fact shall be accorded deference
by the reviewing court and shall not be set aside unless
such finding was clearly erroneous.
``(d) Certiorari.--Following a decision by the Court of Appeals
pursuant to subsection (c), the alien or the Attorney General may
petition the Supreme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals under seal shall, if
such information is also submitted to the Supreme Court, be transmitted
under seal. Any order of removal shall not be stayed pending disposition
of a writ of certiorari, except as provided by the Court of Appeals or a
Justice of the Supreme Court.
``(e) Appeal of Detention Order.--
``(1) In general.--Sections 3145 through 3148 of title 18,
United States Code, pertaining to review and appeal of a release
or detention order, penalties for failure to appear, penalties
for an offense committed while on release, and sanctions for
violation of a release condition shall apply to an alien to whom
section 507(b)(1) applies. In applying the previous sentence--
``(A) for purposes of section 3145 of such title an
appeal shall be taken to the United States Court of
Appeals for the District of Columbia Circuit; and
[[Page 110 STAT. 1265]]
``(B) for purposes of section 3146 of such title the
alien shall be considered released in connection with a
charge of an offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations
and actions of the Attorney General pursuant to section
507(b)(2)(C) shall not be subject to judicial review, including
application for a writ of habeas corpus, except for a claim by
the alien that continued detention violates the alien's rights
under the Constitution. Jurisdiction over any such challenge
shall lie exclusively in the United States Court of Appeals for
the District of Columbia Circuit.
``SEC. 506. <<NOTE: 8 USC 1536.>> CUSTODY AND RELEASE PENDING REMOVAL
HEARING.
``(a) Upon Filing Application.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Attorney General may--
``(A) take into custody any alien with respect to
whom an application under section 503 has been filed;
and
``(B) retain such an alien in custody in accordance
with the procedures authorized by this title.
``(2) Special rules for permanent resident aliens.--
``(A) Release hearing.--An alien lawfully admitted
for permanent residence shall be entitled to a release
hearing before the judge assigned to hear the removal
hearing. Such an alien shall be detained pending the
removal hearing, unless the alien demonstrates to the
court that the alien--
``(i) is a person lawfully admitted for
permanent residence in the United States;
``(ii) if released upon such terms and
conditions as the court may prescribe (including
the posting of any monetary amount), is not likely
to flee; and
``(iii) will not endanger national security,
or the safety of any person or the community, if
released.
``(B) Information considered.--The judge may
consider classified information submitted in camera and
ex parte in making a determination whether to release an
alien pending the removal hearing.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a
judge of the removal court denies the order sought in an
application filed pursuant to section 503, and the
Attorney General does not seek review of such denial,
the alien shall be released from custody.
``(B) Application of regular procedures.--
Subparagraph (A) shall not prevent the arrest and
detention of the alien pursuant to title II.
``(b) Conditional Release if Order Denied and Review Sought.--
``(1) In general.--If a judge of the removal court denies
the order sought in an application filed pursuant to section 503
and the Attorney General seeks review of such denial, the judge
shall release the alien from custody subject to the least
restrictive condition, or combination of conditions, of release
described in section 3142(b) and clauses (i) through (xiv) of
section 3142(c)(1)(B) of title 18, United States Code, that--
[[Page 110 STAT. 1266]]
``(A) will reasonably assure the appearance of the
alien at any future proceeding pursuant to this title;
and
``(B) will not endanger the safety of any other
person or the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, as described in
paragraph (1), the alien shall remain in custody until the
completion of any appeal authorized by this title.
``SEC. 507. <<NOTE: 8 USC 1537.>> CUSTODY AND RELEASE AFTER REMOVAL
HEARING.
``(a) Release.--
``(1) In general.--Subject to paragraph (2), if the judge
decides that an alien should not be removed, the alien shall be
released from custody.
``(2) Custody pending appeal.--If the Attorney General takes
an appeal from such decision, the alien shall remain in custody,
subject to the provisions of section 3142 of title 18, United
States Code.
``(b) Custody and Removal.--
``(1) Custody.--If the judge decides that an alien shall be
removed, the alien shall be detained pending the outcome of any
appeal. After the conclusion of any judicial review thereof
which affirms the removal order, the Attorney General shall
retain the alien in custody and remove the alien to a country
specified under paragraph (2).
``(2) Removal.--
``(A) In general.--The removal of an alien shall be
to any country which the alien shall designate if such
designation does not, in the judgment of the Attorney
General, in consultation with the Secretary of State,
impair the obligation of the United States under any
treaty (including a treaty pertaining to extradition) or
otherwise adversely affect the foreign policy of the
United States.
``(B) Alternate countries.--If the alien refuses to
designate a country to which the alien wishes to be
removed or if the Attorney General, in consultation with
the Secretary of State, determines that removal of the
alien to the country so designated would impair a treaty
obligation or adversely affect United States foreign
policy, the Attorney General shall cause the alien to be
removed to any country willing to receive such alien.
``(C) Continued detention.--If no country is willing
to receive such an alien, the Attorney General may,
notwithstanding any other provision of law, retain the
alien in custody. The Attorney General, in coordination
with the Secretary of State, shall make periodic efforts
to reach agreement with other countries to accept such
an alien and at least every 6 months shall provide to
the attorney representing the alien at the removal
hearing a written report on the Attorney General's
efforts. Any alien in custody pursuant to this
subparagraph shall be released from custody solely at
the discretion of the Attorney General and subject to
such conditions as the Attorney General shall deem
appropriate.
``(D) Fingerprinting.--Before an alien is removed
from the United States pursuant to this subsection, or
pursuant to an order of exclusion because such alien is
excludable
[[Page 110 STAT. 1267]]
under section 212(a)(3)(B), the alien shall be
photographed and fingerprinted, and shall be advised of
the provisions of section 276(b).
``(c) Continued Detention Pending Trial.--
``(1) Delay in removal.--The Attorney General may hold in
abeyance the removal of an alien who has been ordered removed,
pursuant to this title, to allow the trial of such alien on any
Federal or State criminal charge and the service of any sentence
of confinement resulting from such a trial.
``(2) Maintenance of custody.--Pending the commencement of
any service of a sentence of confinement by an alien described
in paragraph (1), such an alien shall remain in the custody of
the Attorney General, unless the Attorney General determines
that temporary release of the alien to the custody of State
authorities for confinement in a State facility is appropriate
and would not endanger national security or public safety.
``(3) Subsequent removal.--Following the completion of a
sentence of confinement by an alien described in paragraph (1),
or following the completion of State criminal proceedings which
do not result in a sentence of confinement of an alien released
to the custody of State authorities pursuant to paragraph (2),
such an alien shall be returned to the custody of the Attorney
General who shall proceed to the removal of the alien under this
title.
``(d) Application of Certain Provisions Relating to Escape of
Prisoners.--For purposes of sections 751 and 752 of title 18, United
States Code, an alien in the custody of the Attorney General pursuant to
this title shall be subject to the penalties provided by those sections
in relation to a person committed to the custody of the Attorney General
by virtue of an arrest on a charge of a felony.
``(e) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the custody
of the Attorney General pursuant to this title shall be given
reasonable opportunity, as determined by the Attorney General,
to communicate with and receive visits from members of the
alien's family, and to contact, retain, and communicate with an
attorney.
``(2) Diplomatic contact.--An alien in the custody of the
Attorney General pursuant to this title shall have the right to
contact an appropriate diplomatic or consular official of the
alien's country of citizenship or nationality or of any country
providing representation services therefore. The Attorney
General shall notify the appropriate embassy, mission, or
consular office of the alien's detention.''.
(b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Section 106(b) of the Immigration and Nationality Act (8 U.S.C.
1105a(b)) is amended by adding at the end the following sentence:
``Jurisdiction to review an order entered pursuant to the provisions of
section 235(c) concerning an alien excludable under section 212(a)(3)(B)
shall rest exclusively in the United States Court of Appeals for the
District of Columbia Circuit.''.
(c) Criminal Penalty for Reentry of Alien Terrorists.--Section
276(b) of such Act (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
[[Page 110 STAT. 1268]]
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who has been excluded from the United States pursuant
to section 235(c) because the alien was excludable under section
212(a)(3)(B) or who has been removed from the United States
pursuant to the provisions of title V, and who thereafter,
without the permission of the Attorney General, enters the
United States, or attempts to do so, shall be fined under title
18, United States Code, and imprisoned for a period of 10 years,
which sentence shall not run concurrently with any other
sentence.''.
(d) Table of Contents.--The Immigration and Nationality Act is
amended by adding at the end of the table of contents the following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.
(e) Elimination of Custody Review by Habeas Corpus.--Section 106(a)
of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended--
(1) in paragraph (8), by adding ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (10).
(f) <<NOTE: 8 USC 1105a note.>> Effective Date.--The amendments
made by this section shall take effect on the date of enactment of this
Act and shall apply to all aliens without regard to the date of entry or
attempted entry into the United States.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations
SEC. 411. EXCLUSION OF ALIEN TERRORISTS.
Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by inserting ``is engaged in
or'' after ``believe,''; and
(C) by inserting after subclause (II) the following:
``(III) is a representative (as
defined in clause (iv)) of a foreign
terrorist organization, as designated by
the Secretary under section 219, or
``(IV) is a member of a foreign
terrorist organization, as designated by
the Secretary under section 219,''; and
(2) by adding at the end the following:
``(iv) Representative defined.--As used in
this paragraph, the term `representative' includes
an officer,
[[Page 110 STAT. 1269]]
official, or spokesman of an organization, and any
person who directs, counsels, commands, or induces
an organization or its members to engage in
terrorist activity.''.
SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8 U.S.C.
1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs
(A) and (B), respectively, and indenting each new subparagraph 2
ems to the right;
(2) by striking ``If'' and inserting ``(1) Subject to
paragraphs (2) and (3), if''; and
(3) by adding at the end the following new paragraphs:
``(2) The Secretary of State may waive the requirements of
paragraph (1) with respect to a particular alien or any class or
classes of excludable aliens.
``(3) Paragraph (1) does not apply to any alien excludable
under paragraph (2) or (3) of subsection (a).''.
SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.
(a) Withholding of Deportation.--Section 243(h)(2) of the
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (D), an alien who is described in section 241(a)(4)(B)
shall be considered to be an alien for whom there are reasonable grounds
for regarding as a danger to the security of the United States.''.
(b) Suspension of Deportation.--Section 244(a) of such Act (8 U.S.C.
1254(a)) is amended by striking ``section 241(a)(4)(D)'' and inserting
``subparagraph (B) or (D) of section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C.
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or''
after ``who is deportable''.
(d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C.
1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the following:
``, or (6) an alien who is deportable under section
241(a)(4)(B)''.
(e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is
amended by inserting ``and is not deportable under section
241(a)(4)(B)'' after ``ineligible to citizenship''.
(f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) is
amended by adding at the end the following:
``(3) Notwithstanding any other provision of law, paragraph (1)
shall apply to any alien if the Attorney General determines, in the
discretion of the Attorney General, that--
``(A) such alien's life or freedom would be threatened, in
the country to which such alien would be deported or returned,
on account of race, religion, nationality, membership in a
particular social group, or political opinion; and
``(B) the application of paragraph (1) to such alien is
necessary to ensure compliance with the 1967 United Nations
Protocol Relating to the Status of Refugees.''.
(g) <<NOTE: 8 USC 1253 note.>> Effective Date.--The amendments made
by this section shall take effect on the date of the enactment of this
Act and
[[Page 110 STAT. 1270]]
shall apply to applications filed before, on, or after such date if
final action has not been taken on them before such date.
SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.
(a) In General.--Section 241 of the Immigration and Nationality Act
(8 U.S.C. 1251) is amended by adding at the end the following new
subsection:
``(d) Notwithstanding any other provision of this title, an alien
found in the United States who has not been admitted to the United
States after inspection in accordance with section 235 is deemed for
purposes of this Act to be seeking entry and admission to the United
States and shall be subject to examination and exclusion by the Attorney
General under chapter 4. In the case of such an alien the Attorney
General shall provide by regulation an opportunity for the alien to
establish that the alien was so admitted.''.
(b) <<NOTE: 8 USC 1251 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the first day of the first month
beginning more than 180 days after the date of the enactment of this
Act.
Subtitle C--Modification to Asylum Procedures
SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) In General.--Section 208(a) of the Immigration and Nationality
Act (8 U.S.C. 1158(a)) is amended by adding at the end the following:
``The Attorney General may not grant an alien asylum if the Attorney
General determines that the alien is excludable under subclause (I),
(II), or (III) of section 212(a)(3)(B)(i) or deportable under section
241(a)(4)(B), unless the Attorney General determines, in the discretion
of the Attorney General, that there are not reasonable grounds for
regarding the alien as a danger to the security of the United States.''.
(b) <<NOTE: 8 USC 1158 note.>> Effective Date.--The amendment made
by subsection (a) shall take effect on the date of the enactment of this
Act and apply to asylum determinations made on or after such date.
SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) In General.--Subsection (b) of section 235 of the Immigration
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
``(b)(1)(A) If the examining immigration officer determines that an
alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or 212(a)(7),
and
``(ii) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States
without further hearing or review.
``(B) The examining immigration officer shall refer for an interview
by an asylum officer under subparagraph (C) any alien who is excludable
under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention
to apply for asylum under section 208 or a fear of persecution.
[[Page 110 STAT. 1271]]
``(C)(i) An asylum officer shall promptly conduct interviews of
aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the interview that
an alien has a credible fear of persecution (as defined in clause (v)),
the alien shall be detained for an asylum hearing before an asylum
officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer determines that
the alien does not have a credible fear of persecution, the officer
shall order the alien excluded from the United States without further
hearing or review.
``(II) <<NOTE: Regulations.>> The Attorney General shall promulgate
regulations to provide for the immediate review by a supervisory asylum
office at the port of entry of a determination under subclause (I).
``(iv) The Attorney General shall provide information concerning the
asylum interview described in this subparagraph to aliens who may be
eligible. An alien who is eligible for such interview may consult with a
person or persons of the alien's choosing prior to the interview or any
review thereof, according to regulations prescribed by the Attorney
General. Such consultation shall be at no expense to the Government and
shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible fear of
persecution' means (I) that it is more probable than not that the
statements made by the alien in support of the alien's claim are true,
and (II) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer, that the
alien could establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer' means an
immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the condition
in clause (i).
``(E)(i) An exclusion order entered in accordance with subparagraph
(A) is not subject to administrative appeal, except that the Attorney
General shall provide by regulation for prompt review of such an order
against an alien who claims under oath, or as permitted under penalty of
perjury under section 1746 of title 28, United States Code, after having
been warned of the penalties for falsely making such claim under such
conditions, to have been lawfully admitted for permanent residence.
``(ii) In any action brought against an alien under section 275(a)
or section 276, the court shall not have jurisdiction to hear any claim
attacking the validity of an order of exclusion entered under
subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the examining
immigration officer determines that an alien seeking entry is not
clearly and beyond a doubt entitled to enter, the alien shall be
detained for a hearing before a special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section 273(d) exist.
``(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge shall operate
[[Page 110 STAT. 1272]]
to take the alien whose privilege to enter is so challenged, before a
special inquiry officer for a hearing on exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(1),
deportation'', and
(2) in the first sentence of paragraph (2), by striking
``If'' and inserting ``Subject to section 235(b)(1), if''.
(c) <<NOTE: 8 USC 1225 note.>> Effective Date.--The amendments made
by this section shall take effect on the first day of the first month
that begins more than 180 days after the date of the enactment of this
Act.
SEC. 423. JUDICIAL REVIEW.
(a) Preclusion of Judicial Review.--Section 106 of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to review
any individual determination, or to entertain any other cause or claim,
arising from or relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim, or the party
or parties bringing the action, no court shall have jurisdiction or
authority to enter declaratory, injunctive, or other equitable relief
not specifically authorized in this subsection nor to certify a class
under Rule 23 of the Federal Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be available in
habeas corpus proceedings, and shall be limited to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that the petitioner's claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially excluded
under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a preponderance of
the evidence that the petitioner is an alien lawfully admitted
for permanent residence and is entitled to such review as is
provided by the Attorney General pursuant to section
235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien was not
ordered specially excluded, or was not properly subject to special
exclusion under the regulations adopted by the Attorney General, the
court may order no relief beyond requiring that the alien receive a
hearing in accordance with section 236, or a determination in accordance
with section 235(c) or 273(d).
``(4) In determining whether an alien has been ordered specially
excluded, the court's inquiry shall be limited to whether such an order
was in fact issued and whether it relates to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such Act (8
U.S.C. 1225) is amended by adding at the end the following new
subsection:
[[Page 110 STAT. 1273]]
``(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275 or section 276,
no court shall have jurisdiction to hear claims collaterally attacking
the validity of orders of exclusion, special exclusion, or deportation
entered under this section or sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106 in the
table of contents of such Act is amended to read as follows:
``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.
Subtitle D--Criminal Alien Procedural Improvements
SEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION
FILES THROUGH COURT ORDER.
(a) Confidentiality of Information.--Section 245A(c)(5) of the
Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
(1) by inserting ``(i)'' after ``except the Attorney
General''; and
(2) by inserting after ``Title 13'' the following: ``and
(ii) may authorize an application to a Federal court of
competent jurisdiction for, and a judge of such court may grant,
an order authorizing disclosure of information contained in the
application of the alien to be used--
``(I) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
``(II) for criminal law enforcement purposes against
the alien whose application is to be disclosed.''.
(b) Applications for Adjustment of Status.--Section 210(b) of the
Immigration and Nationality Act (8 U.S.C. 1160(b)) is
amended--
(1) in paragraph (5), by inserting ``, except as allowed by
a court order issued pursuant to paragraph (6) of this
subsection'' after ``consent of the alien''; and
(2) in paragraph (6), by inserting the following sentence
before ``Anyone who uses'': ``Notwithstanding the preceding
sentence, the Attorney General may authorize an application to a
Federal court of competent jurisdiction for, and a judge of such
court may grant an order authorizing, disclosure of information
contained in the application of the alien to be used for
identification of the alien when there is reason to believe that
the alien has been killed or severely incapacitated, or for
criminal law enforcement purposes against the alien whose
application is to be disclosed or to discover information
leading to the location or identity of the alien.''.
SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) <<NOTE: 8 USC 1252 note.>> is amended
to read as follows:
``(a) Operation and Purpose.--The Commissioner of Immigration and
Naturalization shall, under the authority of section 242(a)(3)(A) of the
Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a
criminal alien identification system. The
[[Page 110 STAT. 1274]]
criminal alien identification system shall be used to assist Federal,
State, and local law enforcement agencies in identifying and locating
aliens who may be subject to deportation by reason of their conviction
of aggravated felonies.''.
SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting ``section 1028 (relating to fraud and
related activity in connection with identification documents) if
the act indictable under section 1028 was committed for the
purpose of financial gain,'' before ``section 1029'';
(2) by inserting ``section 1542 (relating to false statement
in application and use of passport) if the act indictable under
section 1542 was committed for the purpose of financial gain,
section 1543 (relating to forgery or false use of passport) if
the act indictable under section 1543 was committed for the
purpose of financial gain, section 1544 (relating to misuse of
passport) if the act indictable under section 1544 was committed
for the purpose of financial gain, section 1546 (relating to
fraud and misuse of visas, permits, and other documents) if the
act indictable under section 1546 was committed for the purpose
of financial gain, sections 1581-1588 (relating to peonage and
slavery),'' after ``section 1513 (relating to retaliating
against a witness, victim, or an informant),'';
(3) by striking ``or'' before ``(E)''; and
(4) by inserting before the period at the end the following:
``, or (F) any act which is indictable under the Immigration and
Nationality Act, section 274 (relating to bringing in and
harboring certain aliens), section 277 (relating to aiding or
assisting certain aliens to enter the United States), or section
278 (relating to importation of alien for immoral purpose) if
the act indictable under such section of such Act was committed
for the purpose of financial gain''.
SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (n),
(2) by redesignating paragraph (o) as paragraph (p), and
(3) by inserting after paragraph (n) the following new
paragraph:
``(o) a felony violation of section 1028 (relating to
production of false identification documents), section 1542
(relating to false statements in passport applications), section
1546 (relating to fraud and misuse of visas, permits, and other
documents) of this title or a violation of section 274, 277, or
278 of the Immigration and Nationality Act (relating to the
smuggling of aliens); or''.
SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL
TURPITUDE.
(a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as
follows:
``(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,''.
[[Page 110 STAT. 1275]]
(b) <<NOTE: 8 USC 1251 note.>> Effective Date.--The amendment made
by subsection (a) shall apply to aliens against whom deportation
proceedings are initiated after the date of the enactment of this Act.
SEC. 436. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in Deportation
Hearings.--The second sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the
period the following: ``; except that nothing in this subsection shall
preclude the Attorney General from authorizing proceedings by electronic
or telephonic media (with the consent of the alien) or, where waived or
agreed to by the parties, in the absence of the alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended
by adding at the end the following: ``Nothing in this subsection
shall be construed to create any substantive or procedural right
or benefit that is legally enforceable by any party against the
United States or its agencies or officers or any other
person.''.
(2) Section 225 of the Immigration and Nationality Technical
Corrections Act of 1994 (Public Law 103-416) <<NOTE: 8 USC 1101
note.>> is amended by striking ``and nothing in'' and all that
follows through ``1252(i))''.
(3) <<NOTE: Effective date. 8 USC 1252 note.>> The
amendments made by this subsection shall take effect as if
included in the enactment of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416).
SEC. 437. <<NOTE: 8 USC 1253 note.>> INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this Act, the
Attorney General and the Commissioner of Immigration and Naturalization
shall develop and implement a program in which aliens who previously
have illegally entered the United States not less than 3 times and are
deported or returned to a country contiguous to the United States will
be returned to locations not less than 500 kilometers from that
country's border with the United States.
SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF
SENTENCE OF IMPRISONMENT.
(a) In General.--Section 242(h) of the Immigration and Nationality
Act (8 U.S.C. 1252(h)) is amended to read as follows:
``(h)(1) Except as provided in paragraph (2), an alien sentenced to
imprisonment may not be deported until such imprisonment has been
terminated by the release of the alien from confinement. Parole,
supervised release, probation, or possibility of rearrest or further
confinement in respect of the same offense shall not be a ground for
deferral of deportation.
``(2) The Attorney General is authorized to deport an alien in
accordance with applicable procedures under this Act prior to the
completion of a sentence of imprisonment--
``(A) in the case of an alien in the custody of the Attorney
General, if the Attorney General determines that (i) the alien
is confined pursuant to a final conviction for a nonviolent
offense (other than alien smuggling), and (ii) such deportation
of the alien is appropriate and in the best interest of the
United States; or
[[Page 110 STAT. 1276]]
``(B) in the case of an alien in the custody of a State (or
a political subdivision of a State), if the chief State official
exercising authority with respect to the incarceration of the
alien determines that (i) the alien is confined pursuant to a
final conviction for a nonviolent offense (other than alien
smuggling), (ii) such deportation is appropriate and in the best
interest of the State, and (iii) submits a written request to
the Attorney General that such alien be so deported.
``(3) Any alien deported pursuant to this subsection shall be
notified of the penalties under the laws of the United States relating
to the reentry of deported aliens, particularly the expanded penalties
for aliens deported under paragraph (2).''.
(b) Reentry of Alien Deported Prior to Completion of Term of
Imprisonment.--Section 276 of the Immigration and Nationality Act (8
U.S.C. 1326) is amended by adding at the end the following new
subsection:
``(c) Any alien deported pursuant to section 242(h)(2) who enters,
attempts to enter, or is at any time found in, the United States (unless
the Attorney General has expressly consented to such alien's reentry)
shall be incarcerated for the remainder of the sentence of imprisonment
which was pending at the time of deportation without any reduction for
parole or supervised release. Such alien shall be subject to such other
penalties relating to the reentry of deported aliens as may be available
under this section or any other provision of law.''.
SEC. 439. <<NOTE: 8 USC 1252c.>> AUTHORIZING STATE AND LOCAL LAW
ENFORCEMENT OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL
ALIENS.
(a) In General.--Notwithstanding any other provision of law, to the
extent permitted by relevant State and local law, State and local law
enforcement officials are authorized to arrest and detain an individual
who--
(1) is an alien illegally present in the United States; and
(2) has previously been convicted of a felony in the United
States and deported or left the United States after such
conviction,
but only after the State or local law enforcement officials obtain
appropriate confirmation from the Immigration and Naturalization Service
of the status of such individual and only for such period of time as may
be required for the Service to take the individual into Federal custody
for purposes of deporting or removing the alien from the United States.
(b) Cooperation.--The Attorney General shall cooperate with the
States to assure that information in the control of the Attorney
General, including information in the National Crime Information Center,
that would assist State and local law enforcement officials in carrying
out duties under subsection (a) is made available to such officials.
SEC. 440. CRIMINAL ALIEN REMOVAL.
(a) Judicial Review.--Section 106 of the Immigration and Nationality
Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows:
``(10) Any final order of deportation against an alien who
is deportable by reason of having committed a criminal offense
covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any
offense covered by section 241(a)(2)(A)(ii) for which both predi
[[Page 110 STAT. 1277]]
cate offenses are covered by section 241(a)(2)(A)(i), shall not
be subject to review by any court.''.
(b) Final Order of Deportation Defined.--Section 101(a) of such Act
(8 U.S.C. 1101(a)) is amended by adding at the end the following new
paragraph:
``(47)(A) The term `order of deportation' means the order of the
special inquiry officer, or other such administrative officer to whom
the Attorney General has delegated the responsibility for determining
whether an alien is deportable, concluding that the alien is deportable
or ordering deportation.
``(B) The order described under subparagraph (A) shall become final
upon the earlier of--
``(i) a determination by the Board of Immigration Appeals
affirming such order; or
``(ii) the expiration of the period in which the alien is
permitted to seek review of such order by the Board of
Immigration Appeals.''.
(c) <<NOTE: 8 USC 1252.>> Arrest and Custody.--Section 242(a)(2) of
such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``(2)(A) The Attorney'' and
inserting ``(2) The Attorney'';
(B) by striking ``an aggravated felony upon'' and
all that follows through ``of the same offense)'' and
inserting ``any criminal offense covered in section
241(a)(2) (A)(iii), (B), (C), or (D), or any offense
covered by section 241(a)(2)(A)(ii) for which both
predicate offenses are covered by section
241(a)(2)(A)(i), upon release of the alien from
incarceration, shall deport the alien as expeditiously
as possible''; and
(C) by striking ``but subject to subparagraph (B)'';
and
(2) by striking subparagraph (B).
(d) Classes of Excludable Aliens.--Section 212(c) of such Act (8
U.S.C. 1182(c)) is amended--
(1) by striking ``The first sentence of this'' and inserting
``This''; and
(2) by striking ``has been convicted of one or more
aggravated felonies'' and all that follows through the end and
inserting ``is deportable by reason of having committed any
criminal offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D), or any offense covered by section 241(a)(2)(A)(ii)
for which both predicate offenses are covered by section
241(a)(2)(A)(i).''.
(e) Aggravated Felony Defined.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by
section 222 of the Immigration and Nationality Technical Corrections Act
of 1994 (Public Law 103-416), is amended--
(1) in subparagraph (J), by inserting ``, or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling
offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i),
(B) by redesignating clause (ii) as clause (iii),
and
(C) by inserting after clause (i) the following new
clause:
``(ii) is described in section 2421, 2422, or
2423 of title 18, United States Code (relating to
transpor
[[Page 110 STAT. 1278]]
tation for the purpose of prostitution) for
commercial advantage; or'';
(3) by amending subparagraph (N) to read as follows:
``(N) an offense described in paragraph (1)(A) or
(2) of section 274(a) (relating to alien smuggling) for
which the term of imprisonment imposed (regardless of
any suspension of imprisonment) is at least 5 years;'';
(4) by amending subparagraph (O) to read as follows:
``(O) an offense (i) which either is falsely making,
forging, counterfeiting, mutilating, or altering a
passport or instrument in violation of section 1543 of
title 18, United States Code, or is described in section
1546(a) of such title (relating to document fraud) and
(ii) for which the term of imprisonment imposed
(regardless of any suspension of such imprisonment) is
at least 18 months;'';
(5) in subparagraph (P), by striking ``15 years'' and
inserting ``5 years'', and by striking ``and'' at the end;
(6) by redesignating subparagraphs (O), (P), and (Q) as
subparagraphs (P), (Q), and (U), respectively;
(7) by inserting after subparagraph (N) the following new
subparagraph:
``(O) an offense described in section 275(a) or 276
committed by an alien who was previously deported on the
basis of a conviction for an offense described in
another subparagraph of this paragraph;''; and
(8) by inserting after subparagraph (Q), as so redesignated,
the following new subparagraphs:
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which a sentence of 5 years' imprisonment or more may be
imposed;
``(S) an offense relating to obstruction of justice,
perjury or subornation of perjury, or bribery of a
witness, for which a sentence of 5 years' imprisonment
or more may be imposed;
``(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to or
dispose of a charge of a felony for which a sentence of
2 years' imprisonment or more may be imposed; and''.
(f) <<NOTE: 8 USC 1101 note.>> Effective Date.--The amendments made
by subsection (e) shall apply to convictions entered on or after the
date of the enactment of this Act, except that the amendment made by
subsection (e)(3) shall take effect as if included in the enactment of
section 222 of the Immigration and Nationality Technical Corrections Act
of 1994.
(g) Deportation of Criminal Aliens.--Section 242A(a) of such Act (8
U.S.C. 1252a) is amended--
(1) in paragraph (1)--
(A) by striking ``aggravated felonies (as defined in
section 101(a)(43) of this title)'' and inserting ``any
criminal offense covered in section 241(a)(2) (A)(iii),
(B), (C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are
covered by section 241(a)(2)(A)(i).''; and
(B) by striking ``, where warranted,'';
(2) in paragraph (2), by striking ``aggravated felony'' and
all that follows through ``before any scheduled hearings.'' and
[[Page 110 STAT. 1279]]
inserting ``any criminal offense covered in section 241(a)(2)
(A)(iii), (B), (C), or (D), or any offense covered by section
241(a)(2)(A)(ii) for which both predicate offenses are covered
by section 241(a)(2)(A)(i).''.
(h) Deadlines for Deporting Alien.--Section 242(c) of such Act (8
U.S.C. 1252(c)) is amended--
(1) by striking ``(c) When a final order'' and inserting
``(c)(1) Subject to paragraph (2), when a final order''; and
(2) by inserting at the end the following new paragraph:
``(2) When a final order of deportation under administrative process
is made against any alien who is deportable by reason of having
committed a criminal offense covered in section 241(a)(2) (A)(iii), (B),
(C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which
both predicate offenses are covered by section 241(a)(2)(A)(i), the
Attorney General shall have 30 days from the date of the order within
which to effect the alien's departure from the United States. The
Attorney General <<NOTE: Waiver.>> shall have sole and unreviewable
discretion to waive the foregoing provision for aliens who are
cooperating with law enforcement authorities or for purposes of national
security.''.
SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION
ORDER.
(a) In General.--Section 276 of the Immigration and Nationality Act
(8 U.S.C. 1326) is amended by adding at the end the following new
subsection:
``(d) In a criminal proceeding under this section, an alien may not
challenge the validity of the deportation order described in subsection
(a)(1) or subsection (b) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
(b) <<NOTE: 8 USC 1326 note.>> Effective Date.--The amendment made
by subsection (a) shall apply to criminal proceedings initiated after
the date of enactment of this Act.
SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT
PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the Immigration and
Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of
the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A) and inserting ``or'', and
(B) by amending subparagraph (B) to read as follows:
``(B) had permanent resident status on a conditional
basis (as described in section 216) at the time that
proceedings under this section commenced.'';
(2) in paragraph (3), by striking ``30 calendar days'' and
inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking ``proccedings'' and
inserting ``proceedings'';
(4) in paragraph (4)--
[[Page 110 STAT. 1280]]
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(B) by adding after subparagraph (C) the following
new subparagraphs:
``(D) such proceedings are conducted in, or
translated for the alien into, a language the alien
understands;
``(E) a determination is made for the record at such
proceedings that the individual who appears to respond
in such a proceeding is an alien subject to such an
expedited proceeding under this section and is, in fact,
the alien named in the notice for such proceeding;''.
(5) by adding at the end the following new paragraph:
``(5) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in the Attorney General's discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), is amended to read as follows:
``(d) Notwithstanding subsection (c), a petition for review or for
habeas corpus on behalf of an alien described in section 242A(c) may
only challenge whether the alien is in fact an alien described in such
section, and no court shall have jurisdiction to review any other
issue.''.
(c) Presumption of Deportability.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after
subsection (b) the following new subsection:
``(c) Presumption of Deportability.--An alien convicted of an
aggravated felony shall be conclusively presumed to be deportable from
the United States.''.
(d) <<NOTE: Regulations. Publication. 8 USC 1105a note.>> Effective
Date.--The amendments made by this section shall become effective no
later than 60 days after the publication by the Attorney General of
implementing regulations that shall be published on or before January 1,
1997.
SEC. 443. EXTRADITION OF ALIENS.
(a) Scope.--Section 3181 of title 18, United States Code, is
amended--
(1) by inserting ``(a)'' before ``The provisions of this
chapter''; and
(2) by adding at the end the following new subsections:
``(b) The provisions of this chapter shall be construed to permit,
in the exercise of comity, the surrender of persons, other than
citizens, nationals, or permanent residents of the United States, who
have committed crimes of violence against nationals of the United States
in foreign countries without regard to the existence of any treaty of
extradition with such foreign government if the Attorney General
certifies, in writing, that--
``(1) evidence has been presented by the foreign government
that indicates that had the offenses been committed in the
United States, they would constitute crimes of violence as
defined under section 16 of this title; and
``(2) the offenses charged are not of a political nature.
``(c) As used in this section, the term `national of the United
States' has the meaning given such term in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
[[Page 110 STAT. 1281]]
(b) Fugitives.--Section 3184 of title 18, United States Code, is
amended--
(1) in the first sentence by inserting after ``United States
and any foreign government,'' the following: ``or in cases
arising under section 3181(b),'';
(2) in the first sentence by inserting after ``treaty or
convention,'' the following: ``or provided for under section
3181(b),''; and
(3) in the third sentence by inserting after ``treaty or
convention,'' the following: ``or under section 3181(b),''.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
SEC. 501. <<NOTE: 18 USC 831 note.>> FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) nuclear materials, including byproduct materials, can be
used to create radioactive dispersal devices that are capable of
causing serious bodily injury as well as substantial damage to
property and to the environment;
(2) the potential use of nuclear materials, including
byproduct materials, enhances the threat posed by terrorist
activities and thereby has a greater effect on the security
interests of the United States;
(3) due to the widespread hazards presented by the threat of
nuclear contamination, as well as nuclear bombs, the United
States has a strong interest in ensuring that persons who are
engaged in the illegal acquisition and use of nuclear materials,
including byproduct materials, are prosecuted for their
offenses;
(4) the threat that nuclear materials will be obtained and
used by terrorist and other criminal organizations has increased
substantially since the enactment in 1982 of the legislation
that implemented the Convention on the Physical Protection of
Nuclear Material, codified at section 831 of title 18, United
States Code;
(5) the successful efforts to obtain agreements from other
countries to dismantle nuclear weapons have resulted in
increased packaging and transportation of nuclear materials,
thereby decreasing the security of such materials by increasing
the opportunity for unlawful diversion and theft;
(6) the trafficking in the relatively more common,
commercially available, and usable nuclear and byproduct
materials creates the potential for significant loss of life and
environmental damage;
(7) report trafficking incidents in the early 1990's suggest
that the individuals involved in trafficking in these materials
from Eurasia and Eastern Europe frequently conducted their black
market sales of these materials within the Federal Republic of
Germany, the Baltic States, the former Soviet Union, Central
Europe, and to a lesser extent in the Middle European countries;
[[Page 110 STAT. 1282]]
(8) the international community has become increasingly
concerned over the illegal possession of nuclear and nuclear
byproduct materials;
(9) the potentially disastrous ramifications of increased
access to nuclear and nuclear byproduct materials pose such a
significant threat that the United States must use all lawful
methods available to combat the illegal use of such materials;
(10) the United States has an interest in encouraging United
States corporations to do business in the countries that
comprised the former Soviet Union, and in other developing
democracies;
(11) protection of such United States corporations from
threats created by the unlawful use of nuclear materials is
important to the success of the effort to encourage business
ventures in these countries, and to further the foreign
relations and commerce of the United States;
(12) the nature of nuclear contamination is such that it may
affect the health, environment, and property of United States
nationals even if the acts that constitute the illegal activity
occur outside the territory of the United States, and are
primarily directed toward foreign nationals; and
(13) there is presently no Federal criminal statute that
provides adequate protection to United States interests from
nonweapons grade, yet hazardous radioactive material, and from
the illegal diversion of nuclear materials that are held for
other than peaceful purposes.
(b) Purpose.--The purpose of this title is to provide Federal law
enforcement agencies with the necessary means and the maximum authority
permissible under the Constitution to combat the threat of nuclear
contamination and proliferation that may result from the illegal
possession and use of radioactive materials.
SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR
MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``nuclear material'' each place it
appears and inserting ``nuclear material or nuclear
byproduct material'';
(B) in paragraph (1)--
(i) in subparagraph (A), by inserting ``or to
the environment'' after ``property''; and
(ii) so that subparagraph (B) reads as
follows:
``(B) circumstances exist, or have been represented
to the defendant to exist, that are likely to cause the
death or serious bodily injury to any person, or
substantial damage to property or to the environment;'';
and
(C) in paragraph (6), by inserting ``or to the
environment'' after ``property'';
(2) in subsection (c)--
(A) so that paragraph (2) reads as follows:
``(2) an offender or a victim is--
``(A) a national of the United States; or
``(B) a United States corporation or other legal
entity;'';
(B) in paragraph (3)--
[[Page 110 STAT. 1283]]
(i) by striking ``at the time of the offense
the nuclear material is in use, storage, or
transport, for peaceful purposes, and''; and
(ii) by striking ``or'' at the end of the
paragraph;
(C) in paragraph (4)--
(i) by striking ``nuclear material for
peaceful purposes'' and inserting ``nuclear
material or nuclear byproduct material''; and
(ii) by striking the period at the end of the
paragraph and inserting ``; or''; and
(D) by adding at the end the following new
paragraph:
``(5) either--
``(A) the governmental entity under subsection
(a)(5) is the United States; or
``(B) the threat under subsection (a)(6) is directed
at the United States.''; and
(3) in subsection (f)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``with an
isotopic concentration not in excess of 80 percent
plutonium 238''; and
(ii) in subparagraph (C), by striking
``uranium'' and inserting ``enriched uranium,
defined as uranium'';
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following
new paragraph:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;'';
(D) in paragraph (4), as redesignated, by striking
``and'' at the end;
(E) in paragraph (5), as redesignated, by striking
the period at the end and inserting a semicolon; and
(F) by adding at the end the following new
paragraphs:
``(6) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, Commonwealth,
territory, possession, or district of the United States.''.
SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM
ARMORIES.
(a) Study.--The Attorney General and the Secretary of Defense shall
jointly conduct a study of the number and extent of thefts from military
arsenals (including National Guard armories) of firearms, explosives,
and other materials that are potentially useful to terrorists.
(b) Report to the Congress.--Not later than 6 months after the date
of enactment of this Act, the Attorney General and the Secretary of
Defense shall jointly prepare and transmit to the Congress a report on
the findings of the study conducted under subsection (a).
[[Page 110 STAT. 1284]]
Subtitle B--Biological Weapons Restrictions
SEC. 511. <<NOTE: 42 USC 262 note.>> ENHANCED PENALTIES AND CONTROL OF
BIOLOGICAL AGENTS.
(a) Findings.--The Congress finds that--
(1) certain biological agents have the potential to pose a
severe threat to public health and safety;
(2) such biological agents can be used as weapons by
individuals or organizations for the purpose of domestic or
international terrorism or for other criminal purposes;
(3) the transfer and possession of potentially hazardous
biological agents should be regulated to protect public health
and safety; and
(4) efforts to protect the public from exposure to such
agents should ensure that individuals and groups with legitimate
objectives continue to have access to such agents for clinical
and research purposes.
(b) Criminal Enforcement.--Chapter 10 of title 18, United States
Code, is amended--
(1) in section 175(a), by inserting ``or attempts,
threatens, or conspires to do the same,'' after ``to do so,'';
(2) in section 177(a)(2), by inserting ``threat,'' after
``attempt,''; and
(3) in section 178--
(A) in paragraph (1), by striking ``or infectious
substance'' and inserting ``infectious substance, or
biological product that may be engineered as a result of
biotechnology, or any naturally occurring or
bioengineered component of any such microorganism,
virus, infectious substance, or biological product'';
(B) in paragraph (2)--
(i) by inserting ``the toxic material of
plants, animals, microorganisms, viruses, fungi,
or infectious substances, or a recombinant
molecule'' after ``means'';
(ii) by striking ``production--'' and
inserting ``production, including--'';
(iii) in subparagraph (A), by inserting ``or
biological product that may be engineered as a
result of biotechnology'' after ``substance''; and
(iv) in subparagraph (B), by inserting ``or
biological product'' after ``isomer''; and
(C) in paragraph (4), by inserting ``, or molecule,
including a recombinant molecule, or biological product
that may be engineered as a result of biotechnology,''
after ``organism''.
(c) Terrorism.--Section 2332a(a) of title 18, United States Code, is
amended by inserting ``, including any biological agent, toxin, or
vector (as those terms are defined in section 178)'' after
``destruction''.
(d) Regulatory Control of Biological Agents.--
(1) List of biological agents.--
(A) In general.--The Secretary shall, through
regulations promulgated under subsection (f), establish
and maintain a list of each biological agent that has
the potential to pose a severe threat to public health
and safety.
[[Page 110 STAT. 1285]]
(B) Criteria.--In determining whether to include an
agent on the list under subparagraph (A), the Secretary
shall--
(i) consider--
(I) the effect on human health of
exposure to the agent;
(II) the degree of contagiousness of
the agent and the methods by which the
agent is transferred to humans;
(III) the availability and
effectiveness of immunizations to
prevent and treatments for any illness
resulting from infection by the agent;
and
(IV) any other criteria that the
Secretary considers appropriate; and
(ii) consult with scientific experts
representing appropriate professional groups.
(e) Regulation of Transfers of Listed Biological Agents.--The
Secretary shall, through regulations promulgated under subsection (f),
provide for--
(1) the establishment and enforcement of safety procedures
for the transfer of biological agents listed pursuant to
subsection (d)(1), including measures to ensure--
(A) proper training and appropriate skills to handle
such agents; and
(B) proper laboratory facilities to contain and
dispose of such agents;
(2) safeguards to prevent access to such agents for use in
domestic or international terrorism or for any other criminal
purpose;
(3) the establishment of procedures to protect the public
safety in the event of a transfer or potential transfer of a
biological agent in violation of the safety procedures
established under paragraph (1) or the safeguards established
under paragraph (2); and
(4) appropriate availability of biological agents for
research, education, and other legitimate purposes.
(f) Regulations.--The Secretary shall carry out this section by
issuing--
(1) proposed rules not later than 60 days after the date of
enactment of this Act; and
(2) final rules not later than 120 days after the date of
enactment of this Act.
(g) Definitions.--For purposes of this section--
(1) the term ``biological agent'' has the same meaning as in
section 178 of title 18, United States Code; and
(2) the term ``Secretary'' means the Secretary of Health and
Human Services.
[[Page 110 STAT. 1286]]
Subtitle C--Chemical Weapons Restrictions
SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR
TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE OF
CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS.
(a) Chemical Weapons of Mass Destruction.--Chapter 113B of title 18,
United States Code, relating to terrorism, is amended by inserting after
section 2332b as added by section 702 of this Act the following new
section:
``Sec. 2332c. Use of chemical weapons
``(a) Prohibited Acts.--
``(1) Offense.--A person shall be punished under paragraph
(2) if that person, without lawful authority, uses, or attempts
or conspires to use, a chemical weapon against--
``(A) a national of the United States while such
national is outside of the United States;
``(B) any person within the United States; or
``(C) any property that is owned, leased, or used by
the United States or by any department or agency of the
United States, whether the property is within or outside
of the United States.
``(2) Penalties.--A person who violates paragraph (1)--
``(A) shall be imprisoned for any term of years or
for life; or
``(B) if death results from that violation, shall be
punished by death or imprisoned for any term of years or
for life.
``(b) Definitions.--As used in this section--
``(1) the term `national of the United States' has the same
meaning as in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(2) the term `chemical weapon' means any weapon that is
designed or intended to cause widespread death or serious bodily
injury through the release, dissemination, or impact of toxic or
poisonous chemicals or precursors of toxic or poisonous
chemicals.
(b) <<NOTE: 50 USC 1522 note.>> Study of Facility for Training and
Evaluation of Personnel Who Respond To Use of Chemical or Biological
Weapons in Urban and Suburban Areas.--
(1) Findings.--The Congress finds that--
(A) the threat of the use of chemical and biological
weapons by Third World countries and by terrorist
organizations has increased in recent years and is now a
problem of worldwide significance;
(B) the military and law enforcement agencies in the
United States that are responsible for responding to the
use of such weapons require additional testing,
training, and evaluation facilities to ensure that the
personnel of such agencies discharge their
responsibilities effectively; and
(C) a facility that recreates urban and suburban
locations would provide an especially effective
environment
[[Page 110 STAT. 1287]]
in which to test, train, and evaluate such personnel for
that purpose.
(2) Study of facility.--
(A) In general.--The President shall establish an
interagency task force to determine the feasibility and
advisability of establishing a facility that recreates
both an urban environment and a suburban environment in
such a way as to permit the effective testing, training,
and evaluation in such environments of government
personnel who are responsible for responding to the use
of chemical and biological weapons in the United States.
(B) Description of facility.--The facility
considered under subparagraph (A) shall include--
(i) facilities common to urban environments
(including a multistory building and an
underground rail transit system) and to suburban
environments;
(ii) the capacity to produce controllable
releases of chemical and biological agents from a
variety of urban and suburban structures,
including laboratories, small buildings, and
dwellings;
(iii) the capacity to produce controllable
releases of chemical and biological agents into
sewage, water, and air management systems common
to urban areas and suburban areas;
(iv) chemical and biocontaminant facilities at
the P3 and P4 levels;
(v) the capacity to test and evaluate the
effectiveness of a variety of protective clothing
and facilities and survival techniques in urban
areas and suburban areas; and
(vi) the capacity to test and evaluate the
effectiveness of variable sensor arrays (including
video, audio, meteorological, chemical, and
biosensor arrays) in urban areas and suburban
areas.
(C) Sense of congress.--It is the sense of Congress
that the facility considered under subparagraph (A)
shall, if established--
(i) be under the jurisdiction of the Secretary
of Defense; and
(ii) be located at a principal facility of the
Department of Defense for the testing and
evaluation of the use of chemical and biological
weapons during any period of armed conflict.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, relating to terrorism, is
amended by inserting after the item added by section 702 of this Act
that relates to section 2332b the following new item:
``2332c. Use of chemical weapons.''.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
SEC. 601. <<NOTE: 18 USC 841 note.>> FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
[[Page 110 STAT. 1288]]
(1) plastic explosives were used by terrorists in the
bombings of Pan American Airlines flight number 103 in December
1988 and UTA flight number 722 in September 1989;
(2) plastic explosives can be used with little likelihood of
detection for acts of unlawful interference with civil aviation,
maritime navigation, and other modes of transportation;
(3) the criminal use of plastic explosives places innocent
lives in jeopardy, endangers national security, affects domestic
tranquility, and gravely affects interstate and foreign
commerce;
(4) the marking of plastic explosives for the purpose of
detection would contribute significantly to the prevention and
punishment of such unlawful acts; and
(5) for the purpose of deterring and detecting such unlawful
acts, the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991,
requires each contracting State to adopt appropriate measures to
ensure that plastic explosives are duly marked and controlled.
(b) Purpose.--The purpose of this title is to fully implement the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
SEC. 602. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding at
the end the following new subsections:
``(o) `Convention on the Marking of Plastic Explosives' means the
Convention on the Marking of Plastic Explosives for the Purpose of
Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances specified in
this subsection when introduced into a plastic explosive or formulated
in such explosive as a part of the manufacturing process in such a
manner as to achieve homogeneous distribution in the finished explosive,
including--
``(1) Ethylene glycol dinitrate (EGDN),
C<INF>2</INF>H<INF>4</INF>(NO<INF>3</INF>)<INF>2</INF>,
molecular weight 152, when the minimum concentration in the
finished explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C<INF>6</INF>H<INF>12</INF>(NO<INF>2</INF>)<INF>2</INF>,
molecular weight 176, when the minimum concentration in the
finished explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137,
when the minimum concentration in the finished explosive is 0.5
percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C<INF>7</INF>H<INF>7</INF>NO<INF>2</INF>, molecular weight 137,
when the minimum concentration in the finished explosive is 0.5
percent by mass; and
``(5) any other substance in the concentration specified by
the Secretary, after consultation with the Secretary of State
and the Secretary of Defense, that has been added to the table
in part 2 of the Technical Annex to the Convention on the
Marking of Plastic Explosives.
``(q) `Plastic explosive' means an explosive material in flexible or
elastic sheet form formulated with one or more high explosives which in
their pure form has a vapor pressure less than 10-<SUP>4</SUP> Pa at a
temperature of 25/C., is formulated with a binder material, and is as a
mixture malleable or flexible at normal room temperature.''.
[[Page 110 STAT. 1289]]
SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding at
the end the following new subsections:
``(l) It shall be unlawful for any person to manufacture any plastic
explosive that does not contain a detection agent.
``(m)(1) It shall be unlawful for any person to import or bring into
the United States, or export from the United States, any plastic
explosive that does not contain a detection agent.
``(2) This subsection does not apply to the importation or bringing
into the United States, or the exportation from the United States, of
any plastic explosive that was imported or brought into, or manufactured
in the United States prior to the date of enactment of this subsection
by or on behalf of any agency of the United States performing military
or police functions (including any military reserve component) or by or
on behalf of the National Guard of any State, not later than 15 years
after the date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive that does not
contain a detection agent.
``(2) This subsection does not apply to--
``(A) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or brought
into, or manufactured in the United States prior to the date of
enactment of this subsection by any person during the period
beginning on that date and ending 3 years after that date of
enactment; or
``(B) the shipment, transportation, transfer, receipt, or
possession of any plastic explosive that was imported or brought
into, or manufactured in the United States prior to the date of
enactment of this subsection by or on behalf of any agency of
the United States performing a military or police function
(including any military reserve component) or by or on behalf of
the National Guard of any State, not later than 15 years after
the date of entry into force of the Convention on the Marking of
Plastic Explosives, with respect to the United States.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
date of enactment of this subsection, to fail to report to the Secretary
within 120 days after such date of enactment the quantity of such
explosives possessed, the manufacturer or importer, any marks of
identification on such explosives, and such other information as the
Secretary may prescribe by regulation.''.
SEC. 604. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates any of subsections (a) through (i) or
(l) through (o) of section 842 shall be fined under this title,
imprisoned for not more than 10 years, or both.''.
SEC. 605. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
[[Page 110 STAT. 1290]]
(1) in subsection (a)--
(A) by inserting ``(l), (m), (n), or (o) of section
842 and subsections'' after ``subsections''; and
(B) in paragraph (1), by inserting before the
semicolon ``, and which pertain to safety''; and
(2) by adding at the end the following new subsection:
``(c) It is an affirmative defense against any proceeding involving
subsections (l) through (o) of section 842 if the proponent proves by a
preponderance of the evidence that the plastic explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or
modified explosive materials;
``(B) training in explosives detection or
development or testing of explosives detection
equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive that, within 3 years after the
date of enactment of the Antiterrorism and Effective Death
Penalty Act of 1996, will be or is incorporated in a military
device within the territory of the United States and remains an
integral part of such military device, or is intended to be, or
is incorporated in, and remains an integral part of a military
device that is intended to become, or has become, the property
of any agency of the United States performing military or police
functions (including any military reserve component) or the
National Guard of any State, wherever such device is located.
``(3) For purposes of this subsection, the term `military
device' includes, but is not restricted to, shells, bombs,
projectiles, mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
exclusively for military or police purposes.''.
SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.
Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1))
is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(D) is a plastic explosive, as defined in section
841(q) of title 18, United States Code, which does not
contain a detection agent, as defined in section 841(p)
of such title.''.
SEC. 607. <<NOTE: 18 USC 841 note.>> EFFECTIVE DATE.
Except as otherwise provided in this title, this title and the
amendments made by this title shall take effect 1 year after the date of
enactment of this Act.
[[Page 110 STAT. 1291]]
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES.
Section 844 of title 18, United States Code, is amended by adding at
the end the following new subsection:
``(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be subject
to the same penalties (other than the penalty of death) as the penalties
prescribed for the offense the commission of which was the object of the
conspiracy.''.
SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Chapter 113B of title 18, United States Code, relating
to terrorism, is amended by inserting after section 2332a the following
new section:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Offenses.--Whoever, involving conduct transcending
national boundaries and in a circumstance described in
subsection (b)--
``(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults with a
dangerous weapon any person within the United States; or
``(B) creates a substantial risk of serious bodily
injury to any other person by destroying or damaging any
structure, conveyance, or other real or personal
property within the United States or by attempting or
conspiring to destroy or damage any structure,
conveyance, or other real or personal property within
the United States;
in violation of the laws of any State, or the United States,
shall be punished as prescribed in subsection (c).
``(2) Treatment of threats, attempts and conspiracies.--
Whoever threatens to commit an offense under paragraph (1), or
attempts or conspires to do so, shall be punished under
subsection (c).
``(b) Jurisdictional Bases.--
``(1) Circumstances.--The circumstances referred to in
subsection (a) are--
``(A) any of the offenders uses the mail or any
facility of interstate or foreign commerce in
furtherance of the offense;
``(B) the offense obstructs, delays, or affects
interstate or foreign commerce, or would have so
obstructed, delayed, or affected interstate or foreign
commerce if the offense had been consummated;
``(C) the victim, or intended victim, is the United
States Government, a member of the uniformed services,
or any official, officer, employee, or agent of the
legislative, execu
[[Page 110 STAT. 1292]]
tive, or judicial branches, or of any department or
agency, of the United States;
``(D) the structure, conveyance, or other real or
personal property is, in whole or in part, owned,
possessed, or leased to the United States, or any
department or agency of the United States;
``(E) the offense is committed in the territorial
sea (including the airspace above and the seabed and
subsoil below, and artificial islands and fixed
structures erected thereon) of the United States; or
``(F) the offense is committed within the special
maritime and territorial jurisdiction of the United
States.
``(2) Co-conspirators and accessories after the fact.--
Jurisdiction shall exist over all principals and co-conspirators
of an offense under this section, and accessories after the fact
to any offense under this section, if at least one of the
circumstances described in subparagraphs (A) through (F) of
paragraph (1) is applicable to at least one offender.
``(c) Penalties.--
``(1) Penalties.--Whoever violates this section shall be
punished--
``(A) for a killing, or if death results to any
person from any other conduct prohibited by this
section, by death, or by imprisonment for any term of
years or for life;
``(B) for kidnapping, by imprisonment for any term
of years or for life;
``(C) for maiming, by imprisonment for not more than
35 years;
``(D) for assault with a dangerous weapon or assault
resulting in serious bodily injury, by imprisonment for
not more than 30 years;
``(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
``(F) for attempting or conspiring to commit an
offense, for any term of years up to the maximum
punishment that would have applied had the offense been
completed; and
``(G) for threatening to commit an offense under
this section, by imprisonment for not more than 10
years.
``(2) Consecutive sentence.--Notwithstanding any other
provision of law, the court shall not place on probation any
person convicted of a violation of this section; nor shall the
term of imprisonment imposed under this section run concurrently
with any other term of imprisonment.
``(d) Proof Requirements.--The following shall apply to prosecutions
under this section:
``(1) Knowledge.--The prosecution is not required to prove
knowledge by any defendant of a jurisdictional base alleged in
the indictment.
``(2) State law.--In a prosecution under this section that
is based upon the adoption of State law, only the elements of
the offense under State law, and not any provisions pertaining
to criminal procedure or evidence, are adopted.
``(e) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
[[Page 110 STAT. 1293]]
``(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) over conduct which, under section 3, renders any
person an accessory after the fact to an offense under
subsection (a).
``(f) Investigative Authority.--In addition to any other
investigative authority with respect to violations of this title, the
Attorney General shall have primary investigative responsibility for all
Federal crimes of terrorism, and the Secretary of the Treasury shall
assist the Attorney General at the request of the Attorney General.
Nothing in this section shall be construed to interfere with the
authority of the United States Secret Service under section 3056.
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national boundaries'
means conduct occurring outside of the United States in addition
to the conduct occurring in the United States;
``(2) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958(b)(2);
``(3) the term `serious bodily injury' has the meaning given
that term in section 1365(g)(3);
``(4) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States, determined in accordance with
international law; and
``(5) the term `Federal crime of terrorism' means an offense
that--
``(A) is calculated to influence or affect the
conduct of government by intimidation or coercion, or to
retaliate against government conduct; and
``(B) is a violation of--
``(i) section 32 (relating to destruction of
aircraft or aircraft facilities), 37 (relating to
violence at international airports), 81 (relating
to arson within special maritime and territorial
jurisdiction), 175 (relating to biological
weapons), 351 (relating to congressional, cabinet,
and Supreme Court assassination, kidnapping, and
assault), 831 (relating to nuclear materials), 842
(m) or (n) (relating to plastic explosives),
844(e) (relating to certain bombings), 844 (f) or
(i) (relating to arson and bombing of certain
property), 956 (relating to conspiracy to injure
property of a foreign government), 1114 (relating
to protection of officers and employees of the
United States), 1116 (relating to murder or
manslaughter of foreign officials, official
guests, or internationally protected persons),
1203 (relating to hostage taking), 1361 (relating
to injury of Government property or contracts),
1362 (relating to destruction of communication
lines, stations, or systems), 1363 (relating to
injury to buildings or property within special
maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction of
an energy facility), 1751 (relating to
Presidential and Presidential staff assassination,
kidnapping, and assault), 2152 (relating to injury
of fortifications, harbor defenses, or defensive
sea areas), 2155 (relating to destruction of
national defense materials, premises, or
utilities),
[[Page 110 STAT. 1294]]
2156 (relating to production of defective national
defense materials, premises, or utilities), 2280
(relating to violence against maritime
navigation), 2281 (relating to violence against
maritime fixed platforms), 2332 (relating to
certain homicides and other violence against
United States nationals occurring outside of the
United States), 2332a (relating to use of weapons
of mass destruction), 2332b (relating to acts of
terrorism transcending national boundaries), 2339A
(relating to providing material support to
terrorists), 2339B (relating to providing material
support to terrorist organizations), or 2340A
(relating to torture);
``(ii) section 236 (relating to sabotage of
nuclear facilities or fuel) of the Atomic Energy
Act of 1954 (42 U.S.C. 2284); or
``(iii) section 46502 (relating to aircraft
piracy) or section 60123(b) (relating to
destruction of interstate gas or hazardous liquid
pipeline facility) of title 49.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, relating to terrorism, is
amended by inserting after the item relating to section 2332a the
following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(c) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended--
(1) by striking ``any offense'' and inserting ``any non-
capital offense'';
(2) by striking ``36'' and inserting ``37'';
(3) by striking ``2331'' and inserting ``2332'';
(4) by striking ``2339'' and inserting ``2332a''; and
(5) by inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``, 956(a), or 2332b'' after
``section 924(c)''.
SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF
PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL
JURISDICTION.
Section 1363 of title 18, United States Code, is amended by striking
``any building,'' and all that follows through ``shipping'' and
inserting ``any structure, conveyance, or other real or personal
property''.
SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18, United
States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where such other
person or persons are located, to commit at any place outside the United
States an act that would constitute the offense of murder, kidnapping,
or maiming if committed in the special maritime and territorial
jurisdiction of the United States shall,
[[Page 110 STAT. 1295]]
if any of the conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be punished as
provided in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1) of this
section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the offense
is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to damage or destroy specific property
situated within a foreign country and belonging to a foreign government
or to any political subdivision thereof with which the United States is
at peace, or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated, shall, if any
of the conspirators commits an act within the jurisdiction of the United
States to effect any object of the conspiracy, be imprisoned not more
than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956 in the
table of sections at the beginning of chapter 45 of title 18, United
States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.
(a) In General.--Title 18, United States Code, is amended--
(1) in section 114, by striking ``maim or disfigure'' and
inserting ``torture (as defined in section 2340), maim, or
disfigure'';
(2) in section 755, by striking ``two years'' and inserting
``5 years'';
(3) in section 756, by striking ``one year'' and inserting
``five years'';
(4) in section 878(a), by striking ``by killing, kidnapping,
or assaulting a foreign official, official guest, or
internationally protected person'';
(5) in section 1113, by striking ``three years'' and
inserting ``seven years''; and
(6) in section 2332(c), by striking ``five'' and inserting
``ten''.
(b) Penalty for Carrying Weapons or Explosives on an Aircraft.--
Section 46505 of title 49, United States Code, is amended--
(1) in subsection (b), by striking ``one year'' and
inserting ``10 years''; and
(2) in subsection (c), by striking ``5'' and inserting
``15''.
SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding at
the end the following new subsection:
``(o) Whoever knowingly transfers any explosive materials, knowing
or having reasonable cause to believe that such explosive materials will
be used to commit a crime of violence (as defined in section 924(c)(3))
or drug trafficking crime (as defined in section 924(c)(2)) shall be
subject to the same penalties as may be imposed
[[Page 110 STAT. 1296]]
under subsection (h) for a first conviction for the use or carrying of
an explosive material.''.
SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended to read
as follows:
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either before
or after such materials were stolen, knowing or having reasonable cause
to believe that the explosive materials were stolen.''.
SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES.
(a) In General.--Section 844 of title 18, United States Code, is
amended--
(1) in subsection (e), by striking ``five'' and inserting
``10'';
(2) by amending subsection (f) to read as follows:
``(f)(1) Whoever maliciously damages or destroys, or attempts to
damage or destroy, by means of fire or an explosive, any building,
vehicle, or other personal or real property in whole or in part owned or
possessed by, or leased to, the United States, or any department or
agency thereof, shall be imprisoned for not less than 5 years and not
more than 20 years, fined under this title, or both.
``(2) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct, directly or proximately causes personal
injury or creates a substantial risk of injury to any person, including
any public safety officer performing duties, shall be imprisoned for not
less than 7 years and not more than 40 years, fined under this title, or
both.
``(3) Whoever engages in conduct prohibited by this subsection, and
as a result of such conduct directly or proximately causes the death of
any person, including any public safety officer performing duties, shall
be subject to the death penalty, or imprisoned for not less than 20
years or for life, fined under this title, or both.'';
(3) in subsection (h)--
(A) in the first sentence, by striking ``5 years but
not more than 15 years'' and inserting ``10 years''; and
(B) in the second sentence, by striking ``10 years
but not more than 25 years'' and inserting ``20 years'';
and
(4) in subsection (i)--
(A) by striking ``not more than 20 years, fined the
greater of the fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,'' and inserting ``not less than 5 years and
not more than 20 years, fined under this title''; and
(B) by striking ``not more than 40 years, fined the
greater of a fine under this title or the cost of
repairing or replacing any property that is damaged or
destroyed,'' and inserting ``not less than 7 years and
not more than 40 years, fined under this title''.
(b) Conforming Amendment.--Section 81 of title 18, United States
Code, is amended by striking ``fined under this title or
[[Page 110 STAT. 1297]]
imprisoned not more than five years, or both'' and inserting
``imprisoned for not more than 25 years, fined the greater of the fine
under this title or the cost of repairing or replacing any property that
is damaged or destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) In general.--Chapter 213 of title 18, United States
Code, is amended by adding at the end the following new section:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of
section 844 unless the indictment is found or the information is
instituted not later than 10 years after the date on which the offense
was committed.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 213 of title 18, United States Code, is
amended by adding at the end the following new item:
``3295. Arson offenses.''.
(3) Conforming amendment.--Section 844(i) of title 18,
United States Code, is amended by striking the last sentence.
SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE
DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS.
(a) Study.--The Attorney General, in consultation with such other
officials and individuals as the Attorney General considers appropriate,
shall conduct a study concerning--
(1) the extent to which there is available to the public
material in any medium (including print, electronic, or film)
that provides instruction on how to make bombs, destructive
devices, or weapons of mass destruction;
(2) the extent to which information gained from such
material has been used in incidents of domestic or international
terrorism;
(3) the likelihood that such information may be used in
future incidents of terrorism;
(4) the application of Federal laws in effect on the date of
enactment of this Act to such material;
(5) the need and utility, if any, for additional laws
relating to such material; and
(6) an assessment of the extent to which the first amendment
protects such material and its private and commercial
distribution.
(b) Report.--
(1) Requirement.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall submit to the
Congress a report that contains the results of the study
required by this section.
(2) Availability.--The Attorney General shall make the
report submitted under this subsection available to the public.
[[Page 110 STAT. 1298]]
Subtitle B--Criminal Procedures
SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b)
of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following: ``There is
jurisdiction over an offense under this subsection if a national
of the United States was on board, or would have been on board,
the aircraft; an offender is a national of the United States; or
an offender is afterwards found in the United States. For
purposes of this subsection, the term `national of the United
States' has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other Persons.--Section
1116 of title 18, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.''.
(d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is
[[Page 110 STAT. 1299]]
a national of the United States, or (3) an offender is
afterwards found in the United States.''.
(e) Threats and Extortion Against Foreign Officials and Certain
Other Persons.--Section 878 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting `` `national of the
United States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.''.
(f) Kidnapping of Internationally Protected Persons.--Section
1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a) is
an internationally protected person outside the United States,
the United States may exercise jurisdiction over the offense if
(1) the victim is a representative, officer, employee, or agent
of the United States, (2) an offender is a national of the
United States, or (3) an offender is afterwards found in the
United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2) of title
18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))''
after ``the offender is later found in the United States''.
(h) Biological Weapons.--Section 178 of title 18, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity takes
place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
[[Page 110 STAT. 1300]]
SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places it
appears and inserting ``, attempted kidnapping, or conspiracy to
kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``or attempted murder'' and inserting ``,
attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.
SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by
striking ``commerce,'' and inserting ``interstate or foreign commerce,
or in or affecting interstate or foreign commerce,''.
SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in the subsection heading, by inserting
``Against a National of the United States or Within the
United States'' after ``Offense'';
(B) by striking ``uses, or attempts'' and inserting
``, without lawful authority, uses, threatens, or
attempts''; and
(C) in paragraph (2), by inserting ``, and the
results of such use affect interstate or foreign
commerce or, in the case of a threat, attempt, or
conspiracy, would have affected interstate or foreign
commerce'' before the semicolon at the end;
(2) in subsection (b), by striking subparagraph (B) and
inserting the following:
``(B) any weapon that is designed or intended to
cause death or serious bodily injury through the
release, dissemination, or impact of toxic or poisonous
chemicals, or their precursors;'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National of the United States Outside of the United
States.--Any national of the United States who, without lawful
authority, uses, or threatens, attempts, or conspires
[[Page 110 STAT. 1301]]
to use, a weapon of mass destruction outside of the United States shall
be imprisoned for any term of years or for life, and if death results,
shall be punished by death, or by imprisonment for any term of years or
for life.''.
SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
STATUTE.
Section 1956(c)(7) of title 18, United States Code, is amended--
(1) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) murder, kidnapping, robbery, extortion, or
destruction of property by means of explosive or
fire;''; and
(2) in subparagraph (D)--
(A) by inserting after ``an offense under'' the
following: ``section 32 (relating to the destruction of
aircraft), section 37 (relating to violence at
international airports), section 115 (relating to
influencing, impeding, or retaliating against a Federal
official by threatening or injuring a family member),'';
(B) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the
following: ``section 351 (relating to congressional or
Cabinet officer assassination),'';
(C) by inserting after ``section 798 (relating to
espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials),
section 844 (f) or (i) (relating to destruction by
explosives or fire of Government property or property
affecting interstate or foreign commerce),'';
(D) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section
956 (relating to conspiracy to kill, kidnap, maim, or
injure certain property in a foreign country),'';
(E) by inserting after ``section 1032 (relating to
concealment of assets from conservator, receiver, or
liquidating agent of financial institution),'' the
following: ``section 1111 (relating to murder), section
1114 (relating to murder of United States law
enforcement officials), section 1116 (relating to murder
of foreign officials, official guests, or
internationally protected persons),'';
(F) by inserting after ``section 1203 (relating to
hostage taking),'' the following: ``section 1361
(relating to willful injury of Government property),
section 1363 (relating to destruction of property within
the special maritime and territorial jurisdiction),'';
(G) by inserting after ``section 1708 (relating to
theft from the mail),'' the following: ``section 1751
(relating to Presidential assassination),'';
(H) by inserting after ``2114 (relating to bank and
postal robbery and theft),'' the following: ``section
2280 (relating to violence against maritime navigation),
section 2281 (relating to violence against maritime
fixed platforms),'';
(I) by striking ``or section 2320'' and inserting
``section 2320''; and
(J) by striking ``of this title'' and inserting the
following: ``, section 2332 (relating to terrorist acts
abroad against
[[Page 110 STAT. 1302]]
United States nationals), section 2332a (relating to use
of weapons of mass destruction), section 2332b (relating
to international terrorist acts transcending national
boundaries), or section 2339A (relating to providing
material support to terrorists) of this title, section
46502 of title 49, United States Code,''.
SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR
FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED
STATES.
(a) Homicide.--Section 1114 of title 18, United States Code, is
amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
``Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
Government (including any member of the uniformed services) while such
officer or employee is engaged in or on account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished--
``(1) in the case of murder, as provided under section 1111;
``(2) in the case of manslaughter, as provided under section
1112; or
``(3) in the case of attempted murder or manslaughter, as
provided in section 1113.''.
(b) Threats Against Former Officers and Employees.--
(1) In General.--Section 115(a)(2) of title 18, United
States Code, is amended by inserting ``, or threatens to
assault, kidnap, or murder, any person who formerly served as a
person designated in paragraph (1), or'' after ``assaults,
kidnaps, or murders, or attempts to kidnap or murder''.
(2) Limitation.--Section 115 of title 18, United States
Code, is amended by adding at the end the following:
``(d) This section shall not interfere with the investigative
authority of the United States Secret Service, as provided under
sections 3056, 871, and 879 of this title.''.
(c) Amendment To Clarify the Meaning of the Term Deadly or Dangerous
Weapon in the Prohibition on Assault on Federal Officers or Employees.--
Section 111(b) of title 18, United States Code, is amended by inserting
``(including a weapon intended to cause death or danger but that fails
to do so by reason of a defective component)'' after ``deadly or
dangerous weapon''.
SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended by
inserting after paragraph (15) the following new paragraph:
``(16) Multiple killings or attempted killings.--The
defendant intentionally killed or attempted to kill more than
one person in a single criminal episode.''.
SEC. 729. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended by
inserting ``(not including any intermediate Saturday, Sunday, or legal
holiday)'' after ``five days'' and after ``three days''.
[[Page 110 STAT. 1303]]
SEC. 730. <<NOTE: 28 USC 994 note.>> DIRECTIONS TO SENTENCING
COMMISSION.
The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that section had
not expired, amend the sentencing guidelines so that the chapter 3
adjustment relating to international terrorism only applies to Federal
crimes of terrorism, as defined in section 2332b(g) of title 18, United
States Code.
SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS.
Section 2510 of title 18, United States Code, is amended--
(1) in paragraph (12)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by adding ``or'' at the end of subparagraph (C);
and
(C) by adding at the end the following new
subparagraph:
``(D) electronic funds transfer information stored
by a financial institution in a communications system
used for the electronic storage and transfer of
funds;''; and
(2) in paragraph (16)--
(A) by adding ``or'' at the end of subparagraph (D);
(B) by striking ``or'' at the end of subparagraph
(E); and
(C) by striking subparagraph (F).
SEC. 732. <<NOTE: 18 USC 841 note.>> MARKING, RENDERING INERT, AND
LICENSING OF EXPLOSIVE MATERIALS.
(a) Study.--
(1) In general.--Not later than 12 months after the date of
enactment of this Act, the Secretary of the Treasury (referred
to in this section as the ``Secretary'') shall conduct a study
of--
(A) the tagging of explosive materials for purposes
of detection and identification;
(B) the feasibility and practicability of rendering
common chemicals used to manufacture explosive materials
inert;
(C) the feasibility and practicability of imposing
controls on certain precursor chemicals used to
manufacture explosive materials; and
(D) State licensing requirements for the purchase
and use of commercial high explosives, including--
(i) detonators;
(ii) detonating cords;
(iii) dynamite;
(iv) water gel;
(v) emulsion;
(vi) blasting agents; and
(vii) boosters.
(2) Exclusion.--No study conducted under this subsection or
regulation proposed under subsection (e) shall include black or
smokeless powder among the explosive materials considered.
(b) Consultation.--
(1) In general.--In conducting the study under subsection
(a), the Secretary shall consult with--
[[Page 110 STAT. 1304]]
(A) Federal, State, and local officials with
expertise in the area of chemicals used to manufacture
explosive materials; and
(B) such other individuals as the Secretary
determines are necessary.
(2) Fertilizer research centers.--In conducting any portion
of the study under subsection (a) relating to the regulation and
use of fertilizer as a pre-explosive material, the Secretary of
the Treasury shall consult with and receive input from non-
profit fertilizer research centers.
(c) Report.--Not later than 30 days after the completion of the
study conducted under subsection (a), the Secretary shall submit a
report to the Congress, which shall be made public, that contains--
(1) the results of the study;
(2) any recommendations for legislation; and
(3) any opinions and findings of the fertilizer research
centers.
(d) Hearings.--Congress shall have not less than 90 days after the
submission of the report under subsection (c) to--
(1) review the results of the study; and
(2) hold hearings and receive testimony regarding the
recommendations of the Secretary.
(e) Regulations.--
(1) <<NOTE: Federal Register, publication.>> In general.--
Not later than 6 months after the submission of the report
required by subsection (c), the Secretary may submit to Congress
and publish in the Federal Register draft regulations for the
addition of tracer elements to explosive materials manufactured
in or imported into the United States, of such character and in
such quantity as the Secretary may authorize or require, if the
results of the study conducted under subsection (a) indicate
that the tracer elements--
(A) will not pose a risk to human life or safety;
(B) will substantially assist law enforcement
officers in their investigative efforts;
(C) will not substantially impair the quality of the
explosive materials for their intended lawful use;
(D) will not have a substantially adverse effect on
the environment; and
(E) the costs associated with the addition of the
tracers will not outweigh benefits of their inclusion.
(2) Effective date.--The regulations under paragraph (1)
shall take effect 270 days after the Secretary submits proposed
regulations to Congress pursuant to paragraph (1), except to the
extent that the effective date is revised or the regulation is
otherwise modified or disapproved by an Act of Congress.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
SEC. 801. <<NOTE: 28 USC 509 note.>> OVERSEAS LAW ENFORCEMENT TRAINING
ACTIVITIES.
The Attorney General and the Secretary of the Treasury are
authorized to support law enforcement training activities in foreign
[[Page 110 STAT. 1305]]
countries, in consultation with the Secretary of State, for the purpose
of improving the effectiveness of the United States in investigating and
prosecuting transnational offenses.
SEC. 802. SENSE OF CONGRESS.
It is the sense of the Congress that, whenever practicable, each
recipient of any sum authorized to be appropriated by this Act, should
use the money to purchase American-made products.
SEC. 803. <<NOTE: 40 USC 137.>> PROTECTION OF FEDERAL GOVERNMENT
BUILDINGS IN THE DISTRICT OF COLUMBIA.
The Attorney General and the Secretary of the Treasury may
prohibit--
(1) any vehicles from parking or standing on any street or
roadway adjacent to any building in the District of Columbia
used by law enforcement authorities subject to their
jurisdiction, that is in whole or in part owned, possessed, or
leased to the Federal Government; and
(2) any person or entity from conducting business on any
property immediately adjacent to any building described in
paragraph (1).
SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following new subsection:
``(f) Requirement To Preserve Evidence.--
``(1) In general.--A provider of wire or electronic
communication services or a remote computing service, upon the
request of a governmental entity, shall take all necessary steps
to preserve records and other evidence in its possession pending
the issuance of a court order or other process.
``(2) Period of retention.--Records referred to in paragraph
(1) shall be retained for a period of 90 days, which shall be
extended for an additional 90-day period upon a renewed request
by the governmental entity.''.
SEC. 805. <<NOTE: 28 USC 994 note.>> DETERRENT AGAINST TERRORIST
ACTIVITY DAMAGING A FEDERAL INTEREST COMPUTER.
(a) Review.--Not later than 60 calendar days after the date of
enactment of this Act, the United States Sentencing Commission shall
review the deterrent effect of existing guideline levels as they apply
to paragraphs (4) and (5) of section 1030(a) of title 18, United States
Code.
(b) Report.--The United States Sentencing Commission shall prepare
and transmit a report to the Congress on the findings under the study
conducted under subsection (a).
(c) Amendment of Guidelines.--Pursuant to its authority under
section 994(p) of title 28, United States Code, the United States
Sentencing Commission shall amend the sentencing guidelines to ensure
any individual convicted of a violation of paragraph (4) or (5) of
section 1030(a) of title 18, United States Code, is imprisoned for not
less than 6 months.
SEC. 806. <<NOTE: 18 USC prec. 1 note.>> COMMISSION ON THE ADVANCEMENT
OF FEDERAL LAW ENFORCEMENT.
(a) Establishment.--There is established a commission to be known as
the ``Commission on the Advancement of Federal Law
[[Page 110 STAT. 1306]]
Enforcement'' (hereinafter in this section referred to as the
``Commission'').
(b) Duties.--The Commission shall review, ascertain, evaluate,
report, and recommend action to the Congress on the following matters:
(1) The Federal law enforcement priorities for the 21st
century, including Federal law enforcement capability to
investigate and deter adequately the threat of terrorism facing
the United States.
(2) In general, the manner in which significant Federal
criminal law enforcement operations are conceived, planned,
coordinated, and executed.
(3) The standards and procedures used by Federal law
enforcement to carry out significant Federal criminal law
enforcement operations, and their uniformity and compatibility
on an interagency basis, including standards related to the use
of deadly force.
(4) The investigation and handling of specific Federal
criminal law enforcement cases by the United States Government
and the Federal law enforcement agencies therewith, selected at
the Commission's discretion.
(5) The necessity for the present number of Federal law
enforcement agencies and units.
(6) The location and efficacy of the office or entity
directly responsible, aside from the President of the United
States, for the coordination on an interagency basis of the
operations, programs, and activities of all of the Federal law
enforcement agencies.
(7) The degree of assistance, training, education, and other
human resource management assets devoted to increasing
professionalism for Federal law enforcement officers.
(8) The independent accountability mechanisms that exist, if
any, and their efficacy to investigate, address, and to correct
Federal law enforcement abuses.
(9) The degree of coordination among law enforcement
agencies in the area of international crime and the extent to
which deployment of resources overseas diminishes domestic law
enforcement.
(10) The extent to which Federal law enforcement agencies
coordinate with State and local law enforcement agencies on
Federal criminal enforcement operations and programs that
directly affect a State or local law enforcement agency's
geographical jurisdiction.
(11) Such other related matters as the Commission deems
appropriate.
(c) Membership and Administrative Provisions.--
(1) Number and appointment.--The Commission shall be
composed of 5 members appointed as follows:
(A) 1 member appointed by the President pro tempore
of the Senate.
(B) 1 member appointed by the minority leader of the
Senate.
(C) 1 member appointed by the Speaker of the House
of Representatives.
(D) 1 member appointed by the minority leader of the
House of Representatives.
[[Page 110 STAT. 1307]]
(E) 1 member (who shall chair the Commission)
appointed by the Chief Justice of the Supreme Court.
(2) Disqualification.--A person who is an officer or
employee of the United States shall not be appointed a member of
the Commission.
(3) Terms.--Each member shall be appointed for the life of
the Commission.
(4) Quorum.--3 members of the Commission shall constitute a
quorum but a lesser number may hold hearings.
(5) Meetings.--The Commission shall meet at the call of the
Chair of the Commission.
(6) Compensation.--Each member of the Commission who is not
an officer or employee of the Federal Government shall be
compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day, including travel time, during which the
member is engaged in the performance of the duties of the
Commission.
(d) Staffing and Support Functions.--
(1) Director.--The Commission shall have a director who
shall be appointed by the Chair of the Commission.
(2) Staff.--Subject to rules prescribed by the Commission,
the Director may appoint additional personnel as the Commission
considers appropriate.
(3) Applicability of certain civil service laws.--The
Director and staff of the Commission shall be appointed subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and shall be paid in
accordance with the provisions of chapter 51 and subchapter III
of chapter 53 of that title relating to classification and
General Schedule pay rates.
(e) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purposes of carrying out this Act, hold hearings, sit and act at
times and places, take testimony, and receive evidence as the
Commission considers appropriate. The Commission may administer
oaths or affirmations to witnesses appearing before it. The
Commission may establish rules for its proceedings.
(2) Powers of members and agents.--Any member or agent of
the Commission may, if authorized by the Commission, take any
action which the Commission is authorized to take by this
section.
(3) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out this section.
Upon request of the Chair of the Commission, the head of that
department or agency shall furnish that information to the
Commission, unless doing so would threaten the national
security, the health or safety of any individual, or the
integrity of an ongoing investigation.
(4) Administrative support services.--Upon the request of
the Commission, the Administrator of General Services shall
provide to the Commission, on a reimbursable basis, the
administrative support services necessary for the Commission to
carry out its responsibilities under this title.
[[Page 110 STAT. 1308]]
(f) Report.--The Commission shall transmit a report to the Congress
and the public not later than 2 years after a quorum of the Commission
has been appointed. The report shall contain a detailed statement of the
findings and conclusions of the Commission, together with the
Commission's recommendations for such actions as the Commission
considers appropriate.
(g) Termination.--The Commission shall terminate 30 days after
submitting the report required by this section.
SEC. 807. <<NOTE: 18 USC 470 note.>> COMBATTING INTERNATIONAL
COUNTERFEITING OF UNITED STATES CURRENCY.
(a) In General.--The Secretary of the Treasury (hereafter in this
section referred to as the ``Secretary''), in consultation with the
advanced counterfeit deterrence steering committee, shall--
(1) study the use and holding of United States currency in
foreign countries; and
(2) develop useful estimates of the amount of counterfeit
United States currency that circulates outside the United States
each year.
(b) Evaluation Audit Plan.--
(1) In general.--The Secretary shall develop an effective
international evaluation audit plan that is designed to enable
the Secretary to carry out the duties described in subsection
(a) on a regular and thorough basis.
(2) Submission of detailed written summary.--The Secretary
shall submit a detailed written summary of the evaluation audit
plan developed pursuant to paragraph (1) to the Congress before
the end of the 6-month period beginning on the date of the
enactment of this Act.
(3) First evaluation audit under plan.--The Secretary shall
begin the first evaluation audit pursuant to the evaluation
audit plan no later than the end of the 1-year period beginning
on the date of the enactment of this Act.
(4) Subsequent evaluation audits.--At least 1 evaluation
audit shall be performed pursuant to the evaluation audit plan
during each 3-year period beginning after the date of the
commencement of the evaluation audit referred to in paragraph
(3).
(c) Reports.--
(1) In general.--The Secretary shall submit a written report
to the Committee on Banking and Financial Services of the House
of Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the results of each evaluation
audit conducted pursuant to subsection (b) within 90 days after
the completion of the evaluation audit.
(2) Contents.--In addition to such other information as the
Secretary may determine to be appropriate, each report submitted
to the Congress pursuant to paragraph (1) shall include the
following information:
(A) A detailed description of the evaluation audit
process and the methods used to develop estimates of the
amount of counterfeit United States currency in
circulation outside the United States.
(B) The method used to determine the currency sample
examined in connection with the evaluation audit and a
statistical analysis of the sample examined.
[[Page 110 STAT. 1309]]
(C) A list of the regions of the world, types of
financial institutions, and other entities included.
(D) An estimate of the total amount of United States
currency found in each region of the world.
(E) The total amount of counterfeit United States
currency and the total quantity of each counterfeit
denomination found in each region of the world.
(3) Classification of information.--
(A) In general.--To the greatest extent possible,
each report submitted to the Congress under this
subsection shall be submitted in an unclassified form.
(B) Classified and unclassified forms.--If, in the
interest of submitting a complete report under this
subsection, the Secretary determines that it is
necessary to include classified information in the
report, the report shall be submitted in a classified
and an unclassified form.
(d) Sunset Provision.--This section shall cease to be effective as
of the end of the 10-year period beginning on the date of the enactment
of this Act.
(e) Rule of Construction.--No provision of this section shall be
construed as authorizing any entity to conduct investigations of
counterfeit United States currency.
(f) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited outside
the United States.
(2) The One Hundred Third Congress enacted, with the
approval of the President on September 13, 1994, section 470 of
title 18, United States Code, making such activity a crime under
the laws of the United States.
(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants convicted
of counterfeiting United States currency outside the United
States.
(g) Timely Consideration of Requests for Concurrence in Creation of
Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such
number of agents of the United States Secret Service as
the Secretary of the Treasury considers appropriate in
posts in overseas embassies; and
(B) reach an agreement with the Secretary of the
Treasury on such posts as soon as possible and, in any
event, not later than December 31, 1996.
(2) Cooperation of treasury required.--The Secretary of the
Treasury shall promptly provide any information requested by the
Secretary of State in connection with such requests.
[[Page 110 STAT. 1310]]
(3) Reports required.--The Secretary of the Treasury and the
Secretary of State shall each submit, by February 1, 1997, a
written report to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate explaining the
reasons for the rejection, if any, of any proposed post and the
reasons for the failure, if any, to fill any approved post by
such date.
(h) Enhanced Penalties for International Counterfeiting of United
States Currency.--Pursuant to the authority of the United States
Sentencing Commission under section 994 of title 28, United States Code,
the Commission shall amend the sentencing guidelines prescribed by the
Commission to provide an appropriate enhancement of the punishment for a
defendant convicted under section 470 of title 18 of such Code.
SEC. 808. <<NOTE: 28 USC 534 note.>> COMPILATION OF STATISTICS RELATING
TO INTIMIDATION OF GOVERNMENT EMPLOYEES.
(a) Findings.--The Congress finds that--
(1) threats of violence and acts of violence against
Federal, State, and local government employees and their
families are increasing as the result of attempts to stop public
servants from performing their lawful duties;
(2) these acts are a danger to the constitutional form of
government of the United States; and
(3) more information is needed relating to the extent and
nature of the danger to these employees and their families so
that actions can be taken to protect public servants at all
levels of government in the performance of their duties.
(b) Statistics.--The Attorney General shall collect data, for the
calendar year 1990 and each succeeding calendar year thereafter,
relating to crimes and incidents of threats of violence and acts of
violence against Federal, State, and local government employees and
their families in the performance of their lawful duties. Such data
shall include--
(1) in the case of crimes against such employees and their
families, the nature of the crime; and
(2) in the case of incidents of threats of violence and acts
of violence, including verbal and implicit threats against such
employees and their families, the deterrent effect on the
performance of their jobs.
(c) Guidelines.--The Attorney General shall establish guidelines for
the collection of the data under subsection (b), including a definition
of the sufficiency of evidence of noncriminal incidents required to be
reported.
(d) Use of Data.--
(1) Annual publishing.--The Attorney General shall publish
an annual summary of the data collected under this section.
(2) Use of data.--Except with respect to the summary
published under paragraph (1), data collected under this section
shall be used only for research and statistical purposes.
(e) Exemption.--The Attorney General, the Secretary of State, and
the United States Secret Service is not required to participate in any
statistical reporting activity under this section with respect to any
direct or indirect threat made against any individual for whom that
official or Service is authorized to provide protection.
[[Page 110 STAT. 1311]]
SEC. 809. <<NOTE: 42 USC 3721 note.>> ASSESSING AND REDUCING THE THREAT
TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF
FIREARMS AND AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the Attorney
General, shall conduct a study and make recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade, for law
enforcement officers, including--
(A) those officers who were feloniously killed or
seriously injured and those that died or were seriously
injured as a result of accidents or other non-felonious
causes;
(B) those officers feloniously killed or seriously
injured with firearms, those killed or seriously injured
with, separately, handguns firing handgun caliber
ammunition, handguns firing rifle caliber ammunition,
rifles firing rifle caliber ammunition, rifles firing
handgun caliber ammunition and shotguns;
(C) those officers feloniously killed or seriously
injured with firearms, and killings or serious injuries
committed with firearms taken by officers' assailants
from officers, and those committed with other officers'
firearms; and
(D) those killed or seriously injured because shots
attributable to projectiles defined as ``armor piercing
ammunition'' under section 921(a)(17)(B) (i) and (ii) of
title 18, United States Code, pierced the protective
material of bullet resistant vests and bullet resistant
headgear;
(2) whether current passive defensive strategies, such as
body armor, are adequate to counter the criminal use of firearms
against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities;
(B) their common uses, according to consultations
with industry, sporting organizations and law
enforcement;
(C) the calibers commonly used for civilian
defensive or sporting uses that would be affected by any
prohibition on non-law enforcement sales of such
ammunition, if such ammunition is capable of penetrating
minimum level bullet resistant vests; and
(D) recommendations for increase in body armor
capabilities to further protect law enforcement from
threat.
(b) In conducting the study, the Secretary shall consult with other
Federal, State and local officials, non-governmental organizations,
including all national police organizations, national sporting
organizations and national industry associations with expertise in this
area and such other individuals as shall be deemed necessary. Such study
shall be presented to Congress twelve months after the enactment of this
Act and made available to the public, including any data tapes or data
used to form such recommendations.
(c) <<NOTE: Appropriation authorization.>> There are authorized to
be appropriated for the study and recommendations such sums as may be
necessary.
SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.
(a) Study.--The Attorney General and the Director of the Federal
Bureau of Investigation shall study all applicable laws and guidelines
relating to electronic surveillance and the use of pen registers and
other trap and trace devices.
[[Page 110 STAT. 1312]]
(b) Report.--Not later than 90 days after the date of enactment of
this Act, the Attorney General shall submit a report to the Congress
that includes--
(1) the findings of the study conducted pursuant to
subsection (a);
(2) recommendations for the use of electronic devices in
conducting surveillance of terrorist or other criminal
organizations, and for any modifications in the law necessary to
enable the Federal Government to fulfill its law enforcement
responsibilities within appropriate constitutional parameters;
(3) a summary of instances in which Federal law enforcement
authorities may have abused electronic surveillance powers and
recommendations, if needed, for constitutional safeguards
relating to the use of such powers; and
(4) a summary of efforts to use current wiretap authority,
including detailed examples of situations in which expanded
authority would have enabled law enforcement authorities to
fulfill their responsibilities.
Subtitle B--Funding Authorizations for Law Enforcement
SEC. 811. <<NOTE: 28 USC 531 note.>> FEDERAL BUREAU OF INVESTIGATION.
(a) In General.--With funds made available pursuant to subsection
(c)--
(1) the Attorney General shall--
(A) provide support and enhance the technical
support center and tactical operations of the Federal
Bureau of Investigation;
(B) create a Federal Bureau of Investigation
counterterrorism and counterintelligence fund for costs
associated with the investigation of cases involving
cases of terrorism;
(C) expand and improve the instructional,
operational support, and construction of the Federal
Bureau of Investigation Academy;
(D) construct a Federal Bureau of Investigation
laboratory, provide laboratory examination support, and
provide for a command center;
(E) make grants to States to carry out the
activities described in subsection (b); and
(F) increase personnel to support counterterrorism
activities; and
(2) the Director of the Federal Bureau of Investigation may
expand the combined DNA Identification System (CODIS) to include
Federal crimes and crimes committed in the District of Columbia.
(b) State Grants.--
(1) Authorization.--The Attorney General, in consultation
with the Director of the Federal Bureau of Investigation, may
make grants to each State eligible under paragraph (2) to be
used by the chief executive officer of the State, in conjunction
with units of local government, other States, or any combination
thereof, to carry out all or part of a program to establish,
develop, update, or upgrade--
[[Page 110 STAT. 1313]]
(A) computerized identification systems that are
compatible and integrated with the databases of the
National Crime Information Center of the Federal Bureau
of Investigation;
(B) the capability to analyze deoxyribonucleic acid
(DNA) in a forensic laboratory in ways that are
compatible and integrated with the combined DNA
Identification System (CODIS) of the Federal Bureau of
Investigation; and
(C) automated fingerprint identification systems
that are compatible and integrated with the Integrated
Automated Fingerprint Identification System (IAFIS) of
the Federal Bureau of Investigation.
(2) Eligibility.--To be eligible to receive a grant under
this subsection, a State shall require that each person
convicted of a felony of a sexual nature shall provide to
appropriate State law enforcement officials, as designated by
the chief executive officer of the State, a sample of blood,
saliva, or other specimen necessary to conduct a DNA analysis
consistent with the standards established for DNA testing by the
Director of the Federal Bureau of Investigation.
(3) Interstate compacts.--A State may enter into a compact
or compacts with another State or States to carry out this
subsection.
(c) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated for
the activities of the Federal Bureau of Investigation, to help
meet the increased demands for activities to combat terrorism--
(A) $114,000,000 for fiscal year 1997;
(B) $166,000,000 for fiscal year 1998;
(C) $96,000,000 for fiscal year 1999; and
(D) $92,000,000 for fiscal year 2000.
(2) Availability of funds.--Funds made available pursuant to
paragraph (1), in any fiscal year, shall remain available until
expended.
(3) Allocation.--
(A) In general.--Of the total amount appropriated to
carry out subsection (b) in a fiscal year--
(i) the greater of 0.25 percent of such amount
or $500,000 shall be allocated to each eligible
State; and
(ii) of the total funds remaining after the
allocation under clause (i), there shall be
allocated to each State an amount which bears the
same ratio to the amount of remaining funds
described in this subparagraph as the population
of such State bears to the population of all
States.
(B) Definition.--For purposes of this paragraph, the
term ``State'' means any State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
the Virgin Islands, American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands, except
that for purposes of the allocation under this
subparagraph, American Samoa and the Commonwealth of the
Northern Mariana Islands shall be considered as one
State and that for these purposes, 67 percent of the
amounts allocated
[[Page 110 STAT. 1314]]
shall be allocated to American Samoa, and 33 percent to
the Commonwealth of the Northern Mariana Islands.
SEC. 812. UNITED STATES CUSTOMS SERVICE.
(a) In General.--There are authorized to be appropriated for the
activities of the United States Customs Service, to help meet the
increased needs of the United States Customs Service--
(1) $8,000,000 for fiscal year 1997;
(2) $8,000,000 for fiscal year 1998;
(3) $8,000,000 for fiscal year 1999; and
(4) $7,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.
(a) In General.--There are authorized to be appropriated for the
activities of the Immigration and Naturalization Service, to help meet
the increased needs of the Immigration and Naturalization Service,
including the detention and removal of alien terrorists, $5,000,000 for
each of the fiscal years 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant to
subsection (a), in any fiscal year, shall remain available until
expended.
SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.
(a) Activities of Drug Enforcement Administration.--The Attorney
General shall use funds made available pursuant to subsection (b) to--
(1) fund antiviolence crime initiatives;
(2) fund initiatives to address major violators of Federal
antidrug statutes; and
(3) enhance or replace infrastructure of the Drug
Enforcement Administration.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Drug Enforcement Administration, to help meet the
increased needs of the Drug Enforcement Administration--
(1) $35,000,000 for fiscal year 1997;
(2) $40,000,000 for fiscal year 1998;
(3) $45,000,000 for fiscal year 1999; and
(4) $52,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 815. DEPARTMENT OF JUSTICE.
(a) In General.--The Attorney General shall use funds made available
pursuant to subsection (b) to--
(1) hire additional Assistant United States Attorneys and
attorneys within the Criminal Division of the Department of
Justice; and
(2) provide for increased security at courthouses and other
facilities in which Federal workers are employed.
(b) Authorization of Additional Appropriations.--There are
authorized to be appropriated to carry out this section--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
[[Page 110 STAT. 1315]]
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(c) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
(d) <<NOTE: 28 USC 533 note.>> Exemption Authority.--
Notwithstanding any other provision of law, section 102(b) of the
Department of Justice and Related Agencies Appropriations Act, 1993
(Public Law 102-395), shall remain in effect until specifically
repealed, subject to any limitation on appropriations contained in any
Department of Justice Appropriation Authorization Act.
(e) General Reward Authority of the Attorney General.--
(1) In general.--Chapter 203 of title 18, United States
Code, is amended by adding immediately after section 3059A the
following section:
``Sec. 3059B. General reward authority
``(a) Notwithstanding any other provision of law, the Attorney
General may pay rewards and receive from any department or agency funds
for the payment of rewards under this section to any individual who
assists the Department of Justice in performing its functions.
``(b) Not later than 30 days after authorizing a reward under this
section that exceeds $100,000, the Attorney General shall give notice to
the respective chairmen of the Committees on Appropriations and the
Committees on the Judiciary of the Senate and the House of
Representatives.
``(c) A determination made by the Attorney General to authorize an
award under this section and the amount of any reward authorized shall
be final and conclusive, and not subject to judicial review.''.
SEC. 816. DEPARTMENT OF THE TREASURY.
(a) In General.--There are authorized to be appropriated for
Department of Treasury law enforcement agencies engaged in
counterterrorism efforts to augment those efforts--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $10,000,000 for fiscal year 2000.
(b) United States Secret Service.--There are authorized to be
appropriated for the activities of the United States Secret Service, to
augment White House security and expand Presidential protection
activities--
(1) $11,000,000 for fiscal year 1997;
(2) $11,000,000 for fiscal year 1998;
(3) $13,000,000 for fiscal year 1999; and
(4) $15,000,000 for fiscal year 2000.
SEC. 817. UNITED STATES PARK POLICE.
(a) In General.--There are authorized to be appropriated for the
activities of the United States Park Police, to help meet the increased
needs of the United States Park Police, $500,000 for each of the fiscal
years 1997, 1998, 1999, and 2000.
(b) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
[[Page 110 STAT. 1316]]
SEC. 818. THE JUDICIARY.
(a) In General.--There are authorized to be appropriated to the
Federal judiciary, to help meet the increased demands for judicial
branch activities, including supervised release, and pretrial and
probation services, resulting from the enactment of this Act--
(1) $10,000,000 for fiscal year 1997;
(2) $10,000,000 for fiscal year 1998;
(3) $10,000,000 for fiscal year 1999; and
(4) $11,000,000 for fiscal year 2000.
(b) Availability of Funds.--Funds made available pursuant to this
section, in any fiscal year, shall remain available until expended.
SEC. 819. <<NOTE: 15 USC 2201 note.>> LOCAL FIREFIGHTER AND EMERGENCY
SERVICES TRAINING.
(a) Grant Authorization.--The Attorney General, in consultation with
the Director of the Federal Emergency Management Agency, may make grants
to provide specialized training and equipment to enhance the capability
of metropolitan fire and emergency service departments to respond to
terrorist attacks.
(b) Authorization of Appropriations.--There are authorized to be
appropriated for fiscal year 1997, $5,000,000 to carry out this section.
SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE DETECTION
DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY.
There are authorized to be appropriated to the National Institute of
Justice Office of Science and Technology not more than $10,000,000 for
each of the fiscal years 1997 and 1998 to provide assistance to foreign
countries facing an imminent danger of terrorist attack that threatens
the national interest of the United States, or puts United States
nationals at risk, in--
(1) obtaining explosive detection devices and other
counterterrorism technology;
(2) conducting research and development projects on such
technology; and
(3) testing and evaluating counterterrorism technologies in
those countries.
SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM
TECHNOLOGIES.
There are authorized to be appropriated to the National Institute of
Justice Office of Science and Technology not more than $10,000,000 for
fiscal year 1997, to--
(1) develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives, chemicals, and
persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) develop standards to ensure the adequacy of products
produced and compatibility with relevant national systems; and
(3) identify and assess requirements for technologies to
assist State and local law enforcement in the national program
to combat terrorism.
[[Page 110 STAT. 1317]]
SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND
EQUIPMENT.
(a) Amendment of Byrne Grant Program.--Section 501(b) of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is
amended--
(1) by striking ``and'' at the end of paragraph (24);
(2) by striking the period at the end of paragraph (25) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(26) to develop and implement antiterrorism training
programs and to procure equipment for use by local law
enforcement authorities.''.
(b) Authorization of Appropriations.--There are authorized to be
appropriated $25,000,000 for each of fiscal years 1997 through 2000 for
grants under section 501 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3751(b)) to be used for the development and
implementation of antiterrorism training programs and to procure
equipment for use by local law enforcement authorities.
SEC. 823. FUNDING SOURCE.
Appropriations for activities authorized in this subtitle may be
made from the Violent Crime Reduction Trust Fund.
TITLE IX--MISCELLANEOUS
SEC. 901. EXPANSION OF TERRITORIAL SEA.
(a) <<NOTE: 18 USC 7 note.>> Territorial Sea Extending to Twelve
Miles Included in Special Maritime and Territorial Jurisdiction.--The
Congress declares that all the territorial sea of the United States, as
defined by Presidential Proclamation 5928 of December 27, 1988, for
purposes of Federal criminal jurisdiction is part of the United States,
subject to its sovereignty, and is within the special maritime and
territorial jurisdiction of the United States for the purposes of title
18, United States Code.
(b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of
title 18, United States Code, is amended--
(1) in subsection (a), by inserting after ``title,'' the
following: ``or on, above, or below any portion of the
territorial sea of the United States not within the jurisdiction
of any State, Commonwealth, territory, possession, or
district''; and
(2) by adding at the end the following new subsection:
``(c) Whenever any waters of the territorial sea of the United
States lie outside the territory of any State, Commonwealth, territory,
possession, or district, such waters (including the airspace above and
the seabed and subsoil below, and artificial islands and fixed
structures erected thereon) shall be deemed, for purposes of subsection
(a), to lie within the area of the State, Commonwealth, territory,
possession, or district that it would lie within if the boundaries of
such State, Commonwealth, territory, possession, or district were
extended seaward to the outer limit of the territorial sea of the United
States.''.
SEC. 902. <<NOTE: 42 USC 1973gg note.>> PROOF OF CITIZENSHIP.
Notwithstanding any other provision of law, a Federal, State, or
local government agency may not use a voter registration card (or other
related document) that evidences registration for an elec
[[Page 110 STAT. 1318]]
tion for Federal office, as evidence to prove United States citizenship.
SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.
(a) In General.--Section 3006A of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (4), (5), and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Disclosure of fees.--The amounts paid under this
subsection, for representation in any case, shall be made
available to the public.''; and
(2) in subsection (e) by adding at the end the following:
``(4) Disclosure of fees.--The amounts paid under this
subsection for services in any case shall be made available to
the public.''.
(b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the
Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as
follows:
``(10)(A) Compensation shall be paid to attorneys appointed under
this subsection at a rate of not more than $125 per hour for in-court
and out-of-court time. Not less than 3 years after the date of the
enactment of the Antiterrorism and Effective Death Penalty Act of 1996,
the Judicial Conference is authorized to raise the maximum for hourly
payment specified in the paragraph up to the aggregate of the overall
average percentages of the adjustments in the rates of pay for the
General Schedule made pursuant to section 5305 of title 5 on or after
such date. After the rates are raised under the preceding sentence, such
hourly range may be raised at intervals of not less than one year, up to
the aggregate of the overall average percentages of such adjustments
made since the last raise under this paragraph.
``(B) Fees and expenses paid for investigative, expert, and other
reasonably necessary services authorized under paragraph (9) shall not
exceed $7,500 in any case, unless payment in excess of that limit is
certified by the court, or by the United States magistrate judge, if the
services were rendered in connection with the case disposed of entirely
before such magistrate judge, as necessary to provide fair compensation
for services of an unusual character or duration, and the amount of the
excess payment is approved by the chief judge of the circuit. The chief
judge of the circuit may delegate such approval authority to an active
circuit judge.
``(C) The amounts paid under this paragraph for services in any case
shall be disclosed to the public, after the disposition of the
petition.''.
(c) <<NOTE: 18 USC 3006A note.>> Effective Date.--The amendments
made by this section apply to--
(1) cases commenced on or after the date of the enactment of
this Act; and
(2) appellate proceedings, in which an appeal is perfected,
on or after the date of the enactment of this Act.
[[Page 110 STAT. 1319]]
SEC. 904. <<NOTE: 18 USC 1 note.>> SEVERABILITY.
If any provision of this Act, an amendment made by this Act, or the
application of such provision or amendment to any person or circumstance
is held to be unconstitutional, the remainder of this Act, the
amendments made by this Act, and the application of the provisions of
such to any person or circumstance shall not be affected thereby.
Approved April 24, 1996.
LEGISLATIVE HISTORY--S. 735 (H.R. 1710) (H.R. 2703):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 104-383 accompanying H.R. 1710 (Comm. on the
Judiciary) and 104-518 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 141 (1995):
May 25, 26, June 5-7, considered and
passed Senate.
Vol. 142 (1996):
Mar. 13, 14, H.R. 2703 considered
and passed House; S. 735,
amended, passed in lieu.
Apr. 16, 17, Senate considered and
agreed to conference report.
Apr. 18, House agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Apr. 24, Presidential remarks and statement.
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