[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Engrossed Amendment House (EAH)]


  2d Session

                                 S. 735

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                               AMENDMENTS
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                In the House of Representatives, U. S.,

                                                        March 14, 1996.

    Resolved, That the bill from the Senate (S. 735) entitled ``An Act to 
prevent and punish acts of terrorism, and for other purposes'', do pass with the 
following

                              AMENDMENTS:

    Strike out all after the enacting clause, and insert:

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                         TITLE I--CRIMINAL ACTS

Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over 
                            certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction 
                            statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study and recommendations for assessing and reducing the 
                            threat to law enforcement officers from the 
                            criminal use of firearms and ammunition.

                     TITLE II--INCREASED PENALTIES

Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism 
                            offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that it 
                            will be used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material 
                            knowing that it will be used to commit a 
                            crime of violence.
Sec. 206. Directions to Sentencing Commission.
Sec. 207. Amendment of sentencing guidelines to provide for enhanced 
                            penalties for a defendant who commits a 
                            crime while in possession of a firearm with 
                            a laser sighting device.

                     TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Study of tagging explosive materials, detection of explosives 
                            and explosive materials, rendering 
                            explosive components inert, and imposing 
                            controls of precursors of explosives.
Sec. 302. Exclusion of certain types of information from wiretap-
                            related definitions.
Sec. 303. Requirement to preserve record evidence.
Sec. 304. Detention hearing.
Sec. 305. Protection of Federal Government buildings in the District of 
                            Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.

                      TITLE IV--NUCLEAR MATERIALS

Sec. 401. Expansion of nuclear materials prohibitions.

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.

                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            Part 1--Removal Procedures for Alien Terrorists

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

      Part 2--Exclusion and Denial of Asylum for Alien Terrorists

Sec. 611. Denial of asylum to alien terrorists.
Sec. 612. Denial of other relief for alien terrorists.

                    Subtitle B--Expedited Exclusion

Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.

            Subtitle C--Improved Information and Processing

                     Part 1--Immigration Procedures

Sec. 631. Access to certain confidential INS files through court order.
Sec. 632. Waiver authority concerning notice of denial of application 
                            for visas.

        Part 2--Asset Forfeiture for Passport and Visa Offenses

Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.

    Subtitle D--Employee Verification by Security Services Companies

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

          Subtitle E--Criminal Alien Deportation Improvements

Sec. 661. Short title.
Sec. 662. Additional expansion of definition of aggravated felony.
Sec. 663. Deportation procedures for certain criminal aliens who are 
                            not permanent residents.
Sec. 664. Restricting the defense to exclusion based on 7 years 
                            permanent residence for certain criminal 
                            aliens.
Sec. 665. Limitation on collateral attacks on underlying deportation 
                            order.
Sec. 666. Criminal alien identification system.
Sec. 667. Establishing certain alien smuggling-related crimes as RICO-
                            predicate offenses.
Sec. 668. Authority for alien smuggling investigations.
Sec. 669. Expansion of criteria for deportation for crimes of moral 
                            turpitude.
Sec. 670. Miscellaneous provisions.
Sec. 671. Construction of expedited deportation requirements.
Sec. 672. Study of prisoner transfer treaty with Mexico.
Sec. 673. Justice Department assistance in bringing to justice aliens 
                            who flee prosecution for crimes in the 
                            United States.
Sec. 674. Prisoner transfer treaties.
Sec. 675. Interior repatriation program.
Sec. 676. Deportation of nonviolent offenders prior to completion of 
                            sentence of imprisonment.
Sec. 677. Authorizing state and local law enforcement officials to 
                            arrest and detain certain illegal aliens.

                  TITLE VII--AUTHORIZATION AND FUNDING

Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive 
                            detection devices and other counter-
                            terrorism technology.
Sec. 703. Research and development to support counter-terrorism 
                            technologies.
Sec. 704. Sense of Congress.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Study of State licensing requirements for the purchase and 
                            use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist states.
Sec. 804. Study of publicly available instructional material on the 
                            making of bombs, destructive devices, and 
                            weapons of mass destruction.
Sec. 805. Compilation of statistics relating to intimidation of 
                            Government employees.
Sec. 806. Victim Restitution Act of 1995.
Sec. 807. Overseas law enforcement training activities.
Sec. 808. Closed circuit televised court proceedings for victims of 
                            crime.
Sec. 809. Authorization of appropriations.

                     TITLE IX--HABEAS CORPUS REFORM

Sec. 901. Filing deadlines.
Sec. 902. Appeal.
Sec. 903. Amendment of Federal rules of appellate procedure.
Sec. 904. Section 2254 amendments.
Sec. 905. Section 2255 amendments.
Sec. 906. Limits on second or successive applications.
Sec. 907. Death penalty litigation procedures.
Sec. 908. Technical amendment.
Sec. 909. Severability.

                 TITLE X--INTERNATIONAL COUNTERFEITING

Sec. 1001. Short title.
Sec. 1002. Audits of international counterfeiting of United States 
                            currency.
Sec. 1003. Law enforcement and sentencing provisions relating to 
                            international counterfeiting of United 
                            States currency.

               TITLE XI--BIOLOGICAL WEAPONS RESTRICTIONS

Sec. 1101. Short title.
Sec. 1102. Attempts to acquire under false pretenses.
Sec. 1103. Inclusion of recombinant molecules.
Sec. 1104. Definitions.
Sec. 1105. Threatening use of certain weapons.
Sec. 1106. Inclusions of recombinant molecules and biological organisms 
                            in definition.

  TITLE XII--COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT

Sec. 1201. Establishment.
Sec. 1202. Duties.
Sec. 1203. Membership and administrative provisions.
Sec. 1204. Staffing and support functions.
Sec. 1205. Powers.
Sec. 1206. Report.
Sec. 1207. Termination.

                    TITLE XIII--REPRESENTATION FEES

Sec. 1301. Representation fees in criminal cases.

              TITLE XIV--DEATH PENALTY AGGRAVATING FACTOR

Sec. 1401. Death penalty aggravating factor.

            TITLE XV--FINANCIAL TRANSACTIONS WITH TERRORISTS

Sec. 1501. Financial transactions with terrorists.

                         TITLE I--CRIMINAL ACTS

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

    (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, in the case of murder, as provided under section 1111, or 
in the case of manslaughter, as provided under section 1112, or, in the 
case of attempted murder or manslaughter, as provided in section 
1113.''.
    (b) Threats Against Former Officers and Employees.--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''.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

    (a) In General.--That chapter 113B of title 18, United States Code, 
that relates to terrorism is amended by adding at the end the 
following:
``Sec. 2339B. Providing material support to terrorist organizations
    ``(a) Offense.--Whoever, within the United States, knowingly 
provides material support or resources in or affecting interstate or 
foreign commerce, to any organization which the person knows is a 
terrorist organization that has been designated under section 
212(a)(3)(B)(iv) of the Immigration and Nationality Act as a terrorist 
organization shall be fined under this title or imprisoned not more 
than 10 years, or both.
    ``(b) Definition.--As used in this section, the term `material 
support or resources' has the meaning given that term in section 2339A 
of this title.''.
    (b) Clerical Amendment.--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 to terrorist organizations.''.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

    Section 2339A of title 18, United States Code, is amended 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 or an escape 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. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) Offense.--Title 18, United States Code, is amended by inserting 
after section 2332a the following:
``Sec. 2332b. Acts of terrorism transcending national boundaries
    ``(a) Prohibited Acts.--
            ``(1) Whoever, involving any 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 individual 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) Whoever threatens to commit an offense under 
        paragraph (1), or attempts or conspires to do so, shall be 
        punished as prescribed in subsection (c).
    ``(b) Jurisdictional Bases.--The circumstances referred to in 
subsection (a) are--
            ``(1) any of the offenders travels in, or uses the mail or 
        any facility of, interstate or foreign commerce in furtherance 
        of the offense or to escape apprehension after the commission 
        of the offense;
            ``(2) 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;
            ``(3) the victim, or intended victim, is the United States 
        Government, a member of the uniformed services, or any 
        official, officer, employee, or agent of the legislative, 
        executive, or judicial branches, or of any department or 
        agency, of the United States;
            ``(4) the structure, conveyance, or other real or personal 
        property is, in whole or in part, owned, possessed, used by, or 
        leased to the United States, or any department or agency 
        thereof;
            ``(5) 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
            ``(6) the offense is committed in those places within the 
        United States that are in the special maritime and territorial 
        jurisdiction of the United States.
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 such circumstances is 
applicable to at least one offender.
    ``(c) Penalties.--
            ``(1) 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) 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) Limitation on Prosecution.--No indictment shall be sought nor 
any information filed for any offense described in this section until 
the Attorney General, or the highest ranking subordinate of the 
Attorney General with responsibility for criminal prosecutions, makes a 
written certification that, in the judgment of the certifying official, 
such offense, or any activity preparatory to or meant to conceal its 
commission, is a Federal crime of terrorism.
    ``(e) Proof Requirements.--
            ``(1) The prosecution is not required to prove knowledge by 
        any defendant of a jurisdictional base alleged in the 
        indictment.
            ``(2) 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.
    ``(f) Extraterritorial Jurisdiction.--There is extraterritorial 
Federal jurisdiction--
            ``(1) over any offense under subsection (a), including any 
        threat, attempt, or conspiracy to commit such offense; and
            ``(2) over conduct which, under section 3 of this title, 
        renders any person an accessory after the fact to an offense 
        under subsection (a).
    ``(g) Definitions.--As used in this section--
            ``(1) the term `conduct transcending national boundaries' 
        means conduct occurring outside 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) of this 
        title;
            ``(3) the term `serious bodily injury' has the meaning 
        prescribed in section 1365(g)(3) of this title;
            ``(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 weapons), 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 
                        commit violent acts in foreign countries), 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), 1362 (relating to destruction of 
                        communication lines), 1363 (relating to injury 
                        to buildings or property within special 
                        maritime and territorial jurisdiction of the 
                        United States), 1366 (relating to destruction 
                        of energy facility), 1751 (relating to 
                        Presidential and Presidential staff 
                        assassination, kidnapping, and assault), 2152 
                        (relating to injury of harbor defenses), 2155 
                        (relating to destruction of national defense 
                        materials, premises, or utilities), 2156 
                        (relating to production of defective national 
                        defense materials, premises, or utilities), 
                        2280 (relating to violence against maritime 
                        navigation), 2281 (relating to violence against 
                        maritime fixed platforms), 2332 (relating to 
                        certain homicides and violence outside 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) of this title;
                            ``(ii) section 236 (relating to sabotage of 
                        nuclear facilities or fuel) of the Atomic 
                        Energy Act of 1954; or
                            ``(iii) section 46502 (relating to aircraft 
                        piracy), or 60123(b) (relating to destruction 
                        of interstate gas or hazardous liquid pipeline 
                        facility) of title 49.
    ``(h) Investigative Authority.--In addition to any other 
investigatory 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.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter 113B of title 18, United States Code, that relates 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 by--
            (1) striking ``any offense'' and inserting ``any non-
        capital offense'';
            (2) striking ``36'' and inserting ``37'';
            (3) striking ``2331'' and inserting ``2332'';
            (4) striking ``2339'' and inserting ``2332a''; and
            (5) 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)''.
    (e) Conforming Amendment.--Section 846 of title 18, United States 
Code, is amended by striking ``In addition to any other'' and all that 
follows through the end of the section.

SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

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

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

SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER 
              CERTAIN TERRORISM OFFENSES OVERSEAS.

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

SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION 
              STATUTE.

    Section 2332a of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``Against a National or Within the 
                United States'' after ``Offense'';
                    (B) by inserting ``, without lawful authority'' 
                after ``A person who'';
                    (C) by inserting ``threatens,'' before ``attempts 
                or conspires to use, a weapon of mass destruction''; 
                and
                    (D) 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 of paragraph (2);
            (2) in subsection (b)(2)(A), by striking ``section 921'' 
        and inserting ``section 921(a)(4) (other than subparagraphs (B) 
        and (C))'';
            (3) in subsection (b), so that subparagraph (B) of 
        paragraph (2) reads as follows:
                    ``(B) any weapon that is designed to cause death or 
                serious bodily injury through the release, 
                dissemination, or impact of toxic or poisonous 
                chemicals, or their precursors;'';
            (4) by redesignating subsection (b) as subsection (c); and
            (5) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Offense by National Outside the United States.--Any national 
of the United States who, without lawful authority and outside the 
United States, uses, or threatens, attempts, or conspires to use, a 
weapon of mass destruction 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. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

    (a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii) 
of title 18, United States Code, is amended by striking ``or 
extortion;'' and inserting ``extortion, murder, or destruction of 
property by means of explosive or fire;''.
    (b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United 
States Code, is amended--
            (1) 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),'';
            (2) by inserting after ``section 215 (relating to 
        commissions or gifts for procuring loans),'' the following: 
        ``section 351 (relating to Congressional or Cabinet officer 
        assassination),'';
            (3) by inserting after ``section 793, 794, or 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),'';
            (4) 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),'';
            (5) by inserting after ``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 protection of 
        officers and employees of the United States), section 1116 
        (relating to murder of foreign officials, official guests, or 
        internationally protected persons),'';
            (6) 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),'';
            (7) by inserting after ``section 1708 (theft from the 
        mail),'' the following: ``section 1751 (relating to 
        Presidential assassination),'';
            (8) 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),''; and
            (9) by striking ``of this title'' and inserting the 
        following: ``section 2332 (relating to terrorist acts abroad 
        against United States nationals), section 2332a (relating to 
        use of weapons of mass destruction), section 2332b (relating to 
        international terrorist acts transcending national boundaries), 
        section 2339A (relating to providing material support to 
        terrorists) of this title, section 46502 of title 49, United 
        States Code''.

SEC. 109. EXPANSION 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. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

SEC. 111. 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. 112. STUDY AND RECOMMENDATIONS FOR 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; and
                    (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; 
                and
                    (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 18, Sec. 921(a)(17)(B) (i) and (ii) 
                pierced the protective material of bullet resistant 
                vests and bullet resistant headgear; and
            (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; and
                    (B) their common uses, according to consultations 
                with industry, sporting organizations and law 
                enforcement; and
                    (C) the calibers commonly used for civilian 
                defensive or sporting uses that would be affected by 
                any prohibition on non-law enforcement sales of such 
                ammunition, if such ammunition is capable of 
                penetrating minimum level bullet resistant vests; and
                    (D) recommendations for increase in body armor 
                capabilities to further protect law enforcement from 
                threat.
    (b) In conducting the study, the Secretary shall consult with other 
Federal, State and local officials, non-governmental organizations, 
including all national police organizations, national sporting 
organizations and national industry associations with expertise in this 
area and such other individuals as shall be deemed necessary. Such 
study shall be presented to Congress twelve months after the enactment 
of this Act and made available to the public, including any data tapes 
or data used to form such recommendations.
    (c) There are authorized to be appropriated for the study and 
recommendations such sums as may be necessary.

                     TITLE II--INCREASED PENALTIES

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

    (a) Increased Penalties for Damaging Certain Property.--Section 
844(f) of title 18, United States Code, is amended to read as follows:
    ``(f) Whoever damages or destroys, or attempts to damage or 
destroy, by means of fire or an explosive, any personal or real 
property in whole or in part owned, possessed, or used by, or leased 
to, the United States, or any department or agency thereof, or any 
institution or organization receiving Federal financial assistance 
shall be fined under this title or imprisoned for not more than 25 
years, or both, but--
            ``(1) if personal injury results to any person other than 
        the offender, the term of imprisonment shall be not more than 
        40 years;
            ``(2) if fire or an explosive is used and its use creates a 
        substantial risk of serious bodily injury to any person other 
        than the offender, the term of imprisonment shall not be less 
        than 20 years; and
            ``(3) if death results to any person other than the 
        offender, the offender shall be subject to the death penalty or 
        imprisonment for any term of years not less than 30, or for 
        life.''.
    (b) Conforming Amendment.--Section 81 of title 18, United States 
Code, is amended by striking ``fined under this title or imprisoned not 
more than five years, or both'' and inserting ``imprisoned not more 
than 25 years or 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) Chapter 213 of title 18, United States Code, is amended 
        by adding at the end the following:
``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 of this title unless the indictment is found or the 
information is instituted within 7 years after the date on which the 
offense was committed.''.
            (2) 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) Section 844(i) of title 18, United States Code, is 
        amended by striking the last sentence.

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

    Section 844 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(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 
those prescribed for the offense the commission of which was the object 
of the conspiracy.''.

SEC. 203. 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''.
            (4) Section 175(a) of title 18, United States Code, is 
        amended by inserting ``or conspires to do so,'' after ``any 
        organization to do so,''.
    (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. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT 
              WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended by 
striking ``imprisoned not more than 10 years, fined in accordance with 
this title, or both.'' and inserting ``subject to the same penalties as 
may be imposed under subsection (c) for a first conviction for the use 
or carrying of the firearm.''.

SEC. 205. 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:
    ``(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) of this title) or drug trafficking crime (as defined in 
section 924(c)(2) of this title) shall be subject to the same penalties 
as may be imposed under subsection (h) for a first conviction for the 
use or carrying of the explosive materials.''.

SEC. 206. 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. 207. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED 
              PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE IN 
              POSSESSION OF A FIREARM WITH A LASER SIGHTING DEVICE.

    Not later than May 1, 1997, the United States Sentencing Commission 
shall, pursuant to its authority under section 994 of title 28, United 
States Code, amend the sentencing guidelines (and, if the Commission 
considers it appropriate, the policy statements of the Commission) to 
provide that a defendant convicted of a crime shall receive an 
appropriate sentence enhancement if, during the crime--
            (1) the defendant possessed a firearm equipped with a laser 
        sighting device; or
            (2) the defendant possessed a firearm, and the defendant 
        (or another person at the scene of the crime who was aiding in 
        the commission of the crime) possessed a laser sighting device 
        capable of being readily attached to the firearm.

                     TITLE III--INVESTIGATIVE TOOLS

SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES 
              AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE COMPONENTS 
              INERT, AND IMPOSING CONTROLS OF PRECURSORS OF EXPLOSIVES.

    (a) Study.--The Attorney General, in consultation with other 
Federal, State and local officials with expertise in this area and such 
other individuals as the Attorney General deems appropriate, shall 
conduct a study concerning--
            (1) the tagging of explosive materials for purposes of 
        detection and identification;
            (2) technology for devices to improve the detection of 
        explosives materials;
            (3) whether common chemicals used to manufacture explosive 
        materials can be rendered inert and whether it is feasible to 
        require it; and
            (4) whether controls can be imposed on certain precursor 
        chemicals used to manufacture explosive materials and whether 
        it is feasible to require it.
            (b) Exclusion.--No study undertaken under this section 
        shall include black or smokeless powder among the explosive 
        materials considered.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report that contains the results of the study required by 
this section. The Attorney General shall make the report available to 
the public.

SEC. 302. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-
              RELATED DEFINITIONS.

    (a) Definition of ``electronic communication''.--Section 2510(12) 
of title 18, United States Code, is amended--
            (1) by striking ``or'' at the end of subparagraph (B);
            (2) by inserting ``or'' at the end of subparagraph (C); and
            (3) by adding a new subparagraph (D), as follows:
                    ``(D) information stored in a communications system 
                used for the electronic storage and transfer of 
                funds;''
    (b) Definition of ``readily accessible to the general public''.--
Section 2510(16) of title 18, United States Code, is amended--
            (1) by inserting ``or'' at the end of subparagraph (D);
            (2) by striking ``or'' at the end of subparagraph (E); and
            (3) by striking subparagraph (F).

SEC. 303. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(f) Requirement to Preserve Evidence.--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. Such records shall be 
retained for a period of 90 days, which period shall be extended for an 
additional 90-day period upon a renewed request by the governmental 
entity.''.

SEC. 304. DETENTION HEARING.

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

SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF 
              COLUMBIA.

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

SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

    (a) Study.--The Attorney General of the United States shall conduct 
a study of the 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.--Within 6 months after the date of the 
enactment of this Act, the Attorney General shall submit to the 
Congress a report on the study required by subsection (a).

                      TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--
            (1) in subsection (a), by striking ``nuclear material'' 
        each place it appears and inserting ``nuclear material or 
        nuclear byproduct material'';
            (2) in subsection (a)(1)(A), by inserting ``or the 
        environment'' after ``property'';
            (3) so that subsection (a)(1)(B) reads as follows:
                    ``(B)(i) circumstances exist which are likely to 
                cause the death of or serious bodily injury to any 
                person or substantial damage to property or the 
                environment; or (ii) such circumstances are represented 
                to the defendant to exist;'';
            (4) in subsection (a)(6), by inserting ``or the 
        environment'' after ``property'';
            (5) so that subsection (c)(2) reads as follows:
            ``(2) an offender or a victim is a national of the United 
        States or a United States corporation or other legal entity;'';
            (6) in subsection (c)(3), by striking ``at the time of the 
        offense the nuclear material is in use, storage, or transport, 
        for peaceful purposes, and'';
            (7) by striking ``or'' at the end of subsection (c)(3);
            (8) in subsection (c)(4), by striking ``nuclear material 
        for peaceful purposes'' and inserting ``nuclear material or 
        nuclear byproduct material'';
            (9) by striking the period at the end of subsection (c)(4) 
        and inserting ``; or'';
            (10) by adding at the end of subsection (c) the following:
            ``(5) the governmental entity under subsection (a)(5) is 
        the United States or the threat under subsection (a)(6) is 
        directed at the United States.'';
            (11) in subsection (f)(1)(A), by striking ``with an 
        isotopic concentration not in excess of 80 percent plutonium 
        238'';
            (12) in subsection (f)(1)(C) by inserting ``enriched 
        uranium, defined as'' before ``uranium'';
            (13) in subsection (f), by redesignating paragraphs (2), 
        (3), and (4) as paragraphs (3), (4), and (5), respectively;
            (14) by inserting after subsection (f)(1) the following:
            ``(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;'';
            (15) by striking ``and'' at the end of subsection (f)(4), 
        as redesignated;
            (16) by striking the period at the end of subsection 
        (f)(5), as redesignated, and inserting a semicolon; and
            (17) by adding at the end of subsection (f) the following:
            ``(6) 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)); 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, district, 
        commonwealth, territory or possession of the United States.''.

        TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

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

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(l) It shall be unlawful for any person to manufacture any 
plastic explosive which 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 which does not contain a detection agent.
    ``(2) Until the 15-year period that begins with the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the importation or bringing into the United States, or the 
exportation from the United States, of any plastic explosive which was 
imported, brought into, or manufactured in the United States before the 
effective date 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.
    ``(n)(1) It shall be unlawful for any person to ship, transport, 
transfer, receive, or possess any plastic explosive which does not 
contain a detection agent.
    ``(2)(A) During the 3-year period that begins on the effective date 
of this subsection, paragraph (1) shall not apply to the shipment, 
transportation, transfer, receipt, or possession of any plastic 
explosive, which was imported, brought into, or manufactured in the 
United States before such effective date by any person.
    ``(B) Until the 15-year period that begins on the date of entry 
into force of the Convention on the Marking of Plastic Explosives with 
respect to the United States has expired, paragraph (1) shall not apply 
to the shipment, transportation, transfer, receipt, or possession of 
any plastic explosive, which was imported, brought into, or 
manufactured in the United States before the effective date 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.
    ``(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 
effective date of this subsection, to fail to report to the Secretary 
within 120 days after the effective date of this subsection 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 by regulations prescribe.''.

SEC. 503. CRIMINAL SANCTIONS.

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

SEC. 504. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``(l), (m), (n), or (o) 
        of section 842 and subsections'' after ``subsections'';
            (2) in subsection (a)(1), by inserting ``and which pertains 
        to safety'' before the semicolon; and
            (3) by adding at the end the following:
    ``(c) It is an affirmative defense against any proceeding involving 
subsection (l), (m), (n), or (o) of section 842 of this title 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 which, within 3 years after the 
        effective date of this paragraph, 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. For purposes of this subsection, the 
        term `military device' includes shells, bombs, projectiles, 
        mines, missiles, rockets, shaped charges, grenades, 
        perforators, and similar devices lawfully manufactured 
        exclusively for military or police purposes.''.

SEC. 505. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after 
the date of the enactment of this Act.

                TITLE VI--IMMIGRATION-RELATED PROVISIONS

                Subtitle A--Removal of Alien Terrorists

            PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

    In addition to amounts otherwise appropriated, there are authorized 
to be appropriated for each fiscal year (beginning with fiscal year 
1996) $5,000,000 to the Immigration and Naturalization Service for the 
purpose of detaining and removing alien terrorists.

      PART 2--EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

SEC. 611. 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).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and apply to 
asylum determinations made on or after such date.

SEC. 612. 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) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act and shall apply to 
applications filed before, on, or after such date if final action has 
not been taken on them before such date.

                    Subtitle B--Expedited Exclusion

SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) In General.--Subsection (b) of section 235 of the Immigration 
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
    ``(b)(1)(A) If the examining immigration officer determines that an 
alien seeking entry--
            ``(i) is excludable under section 212(a)(6)(C) or 
        212(a)(7), and
            ``(ii) does not indicate either an intention to apply for 
        asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States 
without further hearing or review.
    ``(B) The examining immigration officer shall refer for an 
interview by an asylum officer under subparagraph (C) any alien who is 
excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an 
intention to apply for asylum under section 208 or a fear of 
persecution.
    ``(C)(i) An asylum officer shall promptly conduct interviews of 
aliens referred under subparagraph (B).
    ``(ii) If the officer determines at the time of the interview that 
an alien has a credible fear of persecution (as defined in clause (v)), 
the alien shall be detained for an asylum hearing before an asylum 
officer under section 208.
    ``(iii)(I) Subject to subclause (II), if the officer determines 
that the alien does not have a credible fear of persecution, the 
officer shall order the alien excluded from the United States without 
further hearing or review.
    ``(II) The Attorney General shall promulgate regulations to provide 
for the immediate review by a supervisory asylum office at the port of 
entry of a determination under subclause (I).
    ``(iv) The Attorney General shall provide information concerning 
the asylum interview described in this subparagraph to aliens who may 
be eligible. An alien who is eligible for such interview may consult 
with a person or persons of the alien's choosing prior to the interview 
or any review thereof, according to regulations prescribed by the 
Attorney General. Such consultation shall be at no expense to the 
Government and shall not delay the process.
    ``(v) For purposes of this subparagraph, the term `credible fear of 
persecution' means (I) that it is more probable than not that the 
statements made by the alien in support of the alien's claim are true, 
and (II) that there is a significant possibility, in light of such 
statements and of such other facts as are known to the officer, that 
the alien could establish eligibility for asylum under section 208.
    ``(D) As used in this paragraph, the term `asylum officer' means an 
immigration officer who--
            ``(i) has had professional training in country conditions, 
        asylum law, and interview techniques; and
            ``(ii) is supervised by an officer who meets the condition 
        in clause (i).
    ``(E)(i) An exclusion order entered in accordance with subparagraph 
(A) is not subject to administrative appeal, except that the Attorney 
General shall provide by regulation for prompt review of such an order 
against an alien who claims under oath, or as permitted under penalty 
of perjury under section 1746 of title 28, United States Code, after 
having been warned of the penalties for falsely making such claim under 
such conditions, to have been lawfully admitted for permanent 
residence.
    ``(ii) In any action brought against an alien under section 275(a) 
or section 276, the court shall not have jurisdiction to hear any claim 
attacking the validity of an order of exclusion entered under 
subparagraph (A).
    ``(2)(A) Except as provided in subparagraph (B), if the examining 
immigration officer determines that an alien seeking entry is not 
clearly and beyond a doubt entitled to enter, the alien shall be 
detained for a hearing before a special inquiry officer.
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) to an alien crewman,
            ``(ii) to an alien described in paragraph (1)(A) or 
        (1)(C)(iii)(I), or
            ``(iii) if the conditions described in section 273(d) 
        exist.
    ``(3) The decision of the examining immigration officer, if 
favorable to the admission of any alien, shall be subject to challenge 
by any other immigration officer and such challenge shall operate to 
take the alien whose privilege to enter is so challenged, before a 
special inquiry officer for a hearing on exclusion of the alien.''.
    (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 
1227(a)) is amended--
            (1) in the second sentence of paragraph (1), by striking 
        ``Deportation'' and inserting ``Subject to section 235(b)(1), 
        deportation'', and
            (2) in the first sentence of paragraph (2), by striking 
        ``If'' and inserting ``Subject to section 235(b)(1), if''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month that begins more than 90 
days after the date of the enactment of this Act.

SEC. 622. JUDICIAL REVIEW.

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

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

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

``Sec. 106. Judicial review of orders of deportation and exclusion, and 
                            special exclusion.''.

SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

    (a) In General.--Section 241 of the Immigration and Nationality Act 
(8 U.S.C. 1251) is amended by adding at the end the following new 
subsection:
    ``(d) Notwithstanding any other provision of this title, an alien 
found in the United States who has not been admitted to the United 
States after inspection in accordance with section 235 is deemed for 
purposes of this Act to be seeking entry and admission to the United 
States and shall be subject to examination and exclusion by the 
Attorney General under chapter 4. In the case of such an alien the 
Attorney General shall provide by regulation an opportunity for the 
alien to establish that the alien was so admitted.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 90 
days after the date of the enactment of this Act.

            Subtitle C--Improved Information and Processing

                     PART 1--IMMIGRATION PROCEDURES

SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.

    (a) Legalization Program.--Section 245A(c)(5) of the Immigration 
and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
            (1) by inserting ``(i)'' after ``except that the Attorney 
        General'', and
            (2) by inserting after ``title 13, United States Code'' 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 
                if the alleged criminal activity occurred after the 
                legalization application was filed and such activity 
                involves terrorist activity or poses either an 
                immediate risk to life or to national security, or 
                would be prosecutable as an aggravated felony, but 
                without regard to the length of sentence that could be 
                imposed on the applicant''.
    (b) Special Agricultural Worker Program.--Section 210(b) of such 
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)'' after 
        ``consent of the alien'', and
            (2) in paragraph (6), by inserting after subparagraph (C) 
        the following:
        ``Notwithstanding the previous 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 (i) for identification of 
        the alien when there is reason to believe that the alien has 
        been killed or severely incapacitated, or (ii) for criminal law 
        enforcement purposes against the alien whose application is to 
        be disclosed if the alleged criminal activity occurred after 
        the special agricultural worker application was filed and such 
        activity involves terrorist activity or poses either an 
        immediate risk to life or to national security, or would be 
        prosecutable as an aggravated felony, but without regard to the 
        length of sentence that could be imposed on the applicant.''.

SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION 
              FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 
1182(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B);
            (2) by striking ``If'' and inserting ``(1) Subject to 
        paragraph (2), if''; and
            (3) by adding at the end the following new paragraph:
    ``(2) With respect to applications for visas, the Secretary of 
State may waive the application of paragraph (1) in the case of a 
particular alien or any class or classes of aliens excludable under 
subsection (a)(2) or (a)(3).''.

        PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting after paragraph (5) the 
        following new paragraph:
    ``(6) The court, in imposing sentence on a person convicted of a 
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, 
or 1546 of this title, or a violation of, or conspiracy to violate, 
section 1028 of this title if committed in connection with passport or 
visa issuance or use, shall order that the person forfeit to the United 
States any property, real or personal, which the person used, or 
intended to be used, in committing, or facilitating the commission of, 
the violation, and any property constituting, or derived from, or 
traceable to, any proceeds the person obtained, directly or indirectly, 
as a result of such violation.''; and
            (2) in subsection (b)(1)(B), by inserting ``or (a)(6)'' 
        after ``(a)(2)''.

SEC. 642. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended by 
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.

SEC. 643. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the first 
day of the first month that begins more than 90 days after the date of 
the enactment of this Act.

    Subtitle D--Employee Verification by Security Services Companies

SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO REQUEST ADDITIONAL 
              DOCUMENTATION.

    (a) In General.--Section 274B(a)(6) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(a)(6)) is amended--
            (1) by striking ``For purposes'' and inserting ``(A) Except 
        as provided in subparagraph (B), for purposes'', and
            (2) by adding at the end the following new subparagraph:
            ``(B) Subparagraph (A) shall not apply to a request made in 
        connection with an individual seeking employment in a company 
        (or division of a company) engaged in the business of providing 
        security services to protect persons, institutions, buildings, 
        or other possible targets of international terrorism (as 
        defined in section 2331(1) of title 18, United States Code).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to requests for documents made on or after the date of the 
enactment of this Act with respect to individuals who are or were hired 
before, on, or after the date of the enactment of this Act.

          Subtitle E--Criminal Alien Deportation Improvements

SEC. 661. SHORT TITLE.

    This subtitle may be cited as the ``Criminal Alien Deportation 
Improvements Act of 1995''.

SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) In General.--Section 101(a)(43) of the Immigration and 
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of 
the Immigration and Nationality Technical Corrections Act of 1994 
(Public Law 103-416), is amended--
            (1) in subparagraph (J), by inserting ``, or an offense 
        described in section 1084 (if it is a second or subsequent 
        offense) or 1955 of that title (relating to gambling 
        offenses),'' after ``corrupt organizations)'';
            (2) in subparagraph (K)--
                    (A) by striking ``or'' at the end of clause (i),
                    (B) by redesignating clause (ii) as clause (iii), 
                and
                    (C) by inserting after clause (i) the following new 
                clause:
                            ``(ii) is described in section 2421, 2422, 
                        or 2423 of title 18, United States Code 
                        (relating to transportation for the purpose of 
                        prostitution) for commercial advantage; or'';
            (3) by amending subparagraph (N) to read as follows:
                    ``(N) an offense described in paragraph (1)(A) or 
                (2) of section 274(a) (relating to alien smuggling) for 
                which the term of imprisonment imposed (regardless of 
                any suspension of imprisonment) is at least 5 years;'';
            (4) by amending subparagraph (O) to read as follows:
                    ``(O) an offense (i) which either is falsely 
                making, forging, counterfeiting, mutilating, or 
                altering a passport or instrument in violation of 
                section 1543 of title 18, United States Code, or is 
                described in section 1546(a) of such title (relating to 
                document fraud) and (ii) for which the term of 
                imprisonment imposed (regardless of any suspension of 
                such imprisonment) is at least 18 months;''
            (5) in subparagraph (P), by striking ``15 years'' and 
        inserting ``5 years'', and by striking ``and'' at the end;
            (6) by redesignating subparagraphs (O), (P), and (Q) as 
        subparagraphs (P), (Q), and (U), respectively;
            (7) by inserting after subparagraph (N) the following new 
        subparagraph:
                    ``(O) an offense described in section 275(a) or 276 
                committed by an alien who was previously deported on 
                the basis of a conviction for an offense described in 
                another subparagraph of this paragraph;''; and
            (8) by inserting after subparagraph (Q), as so 
        redesignated, the following new subparagraphs:
                    ``(R) an offense relating to commercial bribery, 
                counterfeiting, forgery, or trafficking in vehicles the 
                identification numbers of which have been altered for 
                which a sentence of 5 years' imprisonment or more may 
                be imposed;
                    ``(S) an offense relating to obstruction of 
                justice, perjury or subornation of perjury, or bribery 
                of a witness, for which a sentence of 5 years' 
                imprisonment or more may be imposed;
                    ``(T) an offense relating to a failure to appear 
                before a court pursuant to a court order to answer to 
                or dispose of a charge of a felony for which a sentence 
                of 2 years' imprisonment or more may be imposed; and''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to convictions entered on or after the date of the enactment of 
this Act, except that the amendment made by subsection (a)(3) shall 
take effect as if included in the enactment of section 222 of the 
Immigration and Nationality Technical Corrections Act of 1994.

SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE 
              NOT PERMANENT RESIDENTS.

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

SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS 
              PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

    The last sentence of section 212(c) of the Immigration and 
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has served 
for such felony or felonies'' and all that follows through the period 
and inserting ``has been sentenced for such felony or felonies to a 
term of imprisonment of at least 5 years, if the time for appealing 
such conviction or sentence has expired and the sentence has become 
final.''.

SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON 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:
    ``(c) In a criminal proceeding under this section, an alien may not 
challenge the validity of the deportation order described in subsection 
(a)(1) or subsection (b) unless the alien demonstrates that--
            ``(1) the alien exhausted any administrative remedies that 
        may have been available to seek relief against the order;
            ``(2) the deportation proceedings at which the order was 
        issued improperly deprived the alien of the opportunity for 
        judicial review; and
            ``(3) the entry of the order was fundamentally unfair.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to criminal proceedings initiated after the date of the enactment 
of this Act.

SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

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

SEC. 667. 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. 668. 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. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL 
              TURPITUDE.

    (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and 
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as 
follows:
                                    ``(II) is convicted of a crime for 
                                which a sentence of one year or longer 
                                may be imposed,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to aliens against whom deportation proceedings are initiated 
after the date of the enactment of this Act.

SEC. 670. MISCELLANEOUS PROVISIONS.

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

SEC. 671. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act 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.

SEC. 672. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) Report to Congress.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State and the Attorney 
General shall submit to the Congress a report that describes the use 
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this 
section referred to as the ``Treaty'') to remove from the United States 
aliens who have been convicted of crimes in the United States.
    (b) Use of Treaty.--The report under subsection (a) shall include 
the following information:
            (1) The number of aliens convicted of a criminal offense in 
        the United States since November 30, 1977, who would have been 
        or are eligible for transfer pursuant to the Treaty.
            (2) The number of aliens described in paragraph (1) who 
        have been transferred pursuant to the Treaty.
            (3) The number of aliens described in paragraph (2) who 
        have been incarcerated in full compliance with the Treaty.
            (4) The number of aliens who are incarcerated in a penal 
        institution in the United States who are eligible for transfer 
        pursuant to the Treaty.
            (5) The number of aliens described in paragraph (4) who are 
        incarcerated in State and local penal institutions.
    (c) Effectiveness of Treaty.--The report under subsection (a) shall 
include the recommendations of the Secretary of State and the Attorney 
General to increase the effectiveness and use of, and full compliance 
with, the Treaty. In considering the recommendations under this 
subsection, the Secretary and the Attorney General shall consult with 
such State and local officials in areas disproportionately impacted by 
aliens convicted of criminal offenses as the Secretary and the Attorney 
General consider appropriate. Such recommendations shall address the 
following areas:
            (1) Changes in Federal laws, regulations, and policies 
        affecting the identification, prosecution, and deportation of 
        aliens who have committed a criminal offense in the United 
        States.
            (2) Changes in State and local laws, regulations, and 
        policies affecting the identification, prosecution, and 
        deportation of aliens who have committed a criminal offense in 
        the United States.
            (3) Changes in the Treaty that may be necessary to increase 
        the number of aliens convicted of crimes who may be transferred 
        pursuant to the Treaty.
            (4) Methods for preventing the unlawful re-entry into the 
        United States of aliens who have been convicted of criminal 
        offenses in the United States and transferred pursuant to the 
        Treaty.
            (5) Any recommendations of appropriate officials of the 
        Mexican Government on programs to achieve the goals of, and 
        ensure full compliance with, the Treaty.
            (6) An assessment of whether the recommendations under this 
        subsection require the renegotiation of the Treaty.
            (7) The additional funds required to implement each 
        recommendation under this subsection.

SEC. 673. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS 
              WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) Assistance to States.--The Attorney General, in cooperation 
with the Commissioner of Immigration and Naturalization and the 
Secretary of State, shall designate an office within the Department of 
Justice to provide technical and prosecutorial assistance to States and 
political subdivisions of States in efforts to bring to justice aliens 
who flee prosecution for crimes in the United States.
    (b) Report to Congress.--Not later than one year after the date of 
the enactment of this Act, the Attorney General shall compile and 
submit to the Congress a report which assesses the nature and extent of 
the problem of bringing to justice aliens who flee prosecution for 
crimes in the United States.

SEC. 674. PRISONER TRANSFER TREATIES.

    (a) Negotiation.--Congress advises the President to begin to 
negotiate and renegotiate, not later than 90 days after the date of the 
enactment of this Act, bilateral prisoner transfer treaties. The focus 
of such negotiations shall be to expedite the transfer of aliens 
unlawfully in the United States who are incarcerated in United States 
prisons, to ensure that a transferred prisoner serves the balance of 
the sentence imposed by the United States courts, and to eliminate any 
requirement of prisoner consent to such a transfer.
    (b) Certification.--The President shall submit to the Congress, 
annually, a certification as to whether each prisoner transfer treaty 
in force is effective in returning aliens unlawfully in the United 
States who have committed offenses for which they are incarcerated in 
the United States to their country of nationality for further 
incarceration.

SEC. 675. 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. 676. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF 
              SENTENCE OF IMPRISONMENT.

    (a) In General.--Section 242(h) of the Immigration and Nationality 
Act (8 U.S.C. 1252(h)) is amended to read as follows:
    ``(h)(1) Except as provided in paragraph (2), an alien sentenced to 
imprisonment may not be deported until such imprisonment has been 
terminated by the release of the alien from confinement. Parole, 
supervised release, probation, or possibility of rearrest or further 
confinement in respect of the same offense shall not be a ground for 
deferral of deportation.
    ``(2) The Attorney General is authorized to deport an alien in 
accordance with applicable procedures under this Act prior to the 
completion of a sentence of imprisonment--
            ``(A) in the case of an alien in the custody of the 
        Attorney General, if the Attorney General determines that (i) 
        the alien is confined pursuant to a final conviction for a 
        nonviolent offense (other than alien smuggling), and (ii) such 
        deportation of the alien is appropriate and in the best 
        interest of the United States; or
            ``(B) in the case of an alien in the custody of a State (or 
        a political subdivision of a State), if the chief State 
        official exercising authority with respect to the incarceration 
        of the alien determines that (i) the alien is confined pursuant 
        to a final conviction for a nonviolent offense (other than 
        alien smuggling), (ii) such deportation is appropriate and in 
        the best interest of the State, and (iii) submits a written 
        request to the Attorney General that such alien be so deported.
    ``(3) Any alien deported pursuant to this subsection shall be 
notified of the penalties under the laws of the United States relating 
to the reentry of deported aliens, particularly the expanded penalties 
for aliens deported under paragraph (2).''.
    (b) Reentry of Alien Deported Prior to Completion of Term of 
Imprisonment.--Section 276 of the Immigration and Nationality Act (8 
U.S.C. 1326) 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. 677. 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.

                  TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    The Attorney General may award grants in consultation with the 
Federal Emergency Management Agency for the purposes of providing 
specialized training or equipment to enhance the capability of 
metropolitan fire and emergency service departments to respond to 
terrorist attacks. To carry out the purposes of this section, there is 
authorized to be appropriated $5,000,000 for fiscal year 1996.

SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE 
              DETECTION DEVICES AND OTHER COUNTER-TERRORISM TECHNOLOGY.

    There is authorized to be appropriated not to exceed $10,000,000 
for fiscal years 1996 and 1997 to the President 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--
            (1) in obtaining explosive detection devices and other 
        counter-terrorism technology; and
            (2) in conducting research and development projects on such 
        technology.

SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM 
              TECHNOLOGIES.

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

SEC. 704. SENSE OF CONGRESS.

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

                       TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND 
              USE OF HIGH EXPLOSIVES.

    The Secretary of the Treasury, in consultation with the Federal 
Bureau of Investigation, shall conduct a study of State licensing 
requirements for the purchase and use of commercial high explosives, 
including detonators, detonating cords, dynamite, water gel, emulsion, 
blasting agents, and boosters. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall report to Congress 
the results of this study, together with any recommendations the 
Secretary determines are appropriate.

SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) Requiring Compensation for Terrorist Crimes.--Section 
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) 
is amended--
            (1) by inserting ``crimes involving terrorism,'' before 
        ``driving while intoxicated''; and
            (2) by inserting a comma after ``driving while 
        intoxicated''.
    (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of 
Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting 
``are outside the United States (if the compensable crime is terrorism, 
as defined in section 2331 of title 18, United States Code), or'' 
before ``are States not having''.

SEC. 803. JURISDICTION FOR LAWSUITS AGAINST 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 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;
                    ``(B) if 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; or
                    ``(C) if the act occurred in the foreign state 
                against which the claim has been brought and that state 
                establishes that procedures and remedies are available 
                in such state which comport with fundamental fairness 
                and due process.''; and
            (2) by adding at the end the following:
    ``(e) For purposes of paragraph (7) of subsection (a)--
            ``(1) the terms `torture' and `extrajudicial killing' have 
        the meaning given those terms in section 3 of the Torture 
        Victim Protection Act of 1991;
            ``(2) the term `hostage taking' has the meaning given that 
        term in Article 1 of the International Convention Against the 
        Taking of Hostages; and
            ``(3) the term `aircraft sabotage' has the meaning given 
        that term in Article 1 of the Convention for the Suppression of 
        Unlawful Acts Against the Safety of Civil Aviation.
    ``(f) No action shall be maintained under subsection (a)(7) unless 
the action is commenced not later than 10 years after the date on which 
the cause of action arose. All principles of equitable tolling, 
including the period during which the foreign state was immune from 
suit, shall apply in calculating this limitation period.''.
    (b) Exception to Immunity From Attachment.--
            (1) Foreign state.--Section 1610(a) of title 28, United 
        States Code, is amended--
                    (A) by striking the period at the end of paragraph 
                (6) and inserting ``, or''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(7) the judgment relates to a claim for which the foreign 
        state is not immune under section 1605(a)(7), regardless of 
        whether the property is or was involved with the act upon which 
        the claim is based.''.
            (2) Agency or instrumentality.--Section 1610(b)(2) of such 
        title is amended--
                    (A) by striking ``or (5)'' and inserting ``(5), or 
                (7)''; and
                    (B) by striking ``used for the activity'' and 
                inserting ``involved in the act''.
    (c) Applicability.--The amendments made by this title shall apply 
to any cause of action arising before, on, or after the date of the 
enactment of this Act.

SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL MATERIAL ON THE 
              MAKING OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS 
              DESTRUCTION.

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

SEC. 805. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF 
              GOVERNMENT EMPLOYEES.

    (a) Findings.--Congress finds that--
            (1) threats of violence and acts of violence are mounting 
        against Federal, State, and local government employees and 
        their families in attempts to stop public servants from 
        performing their lawful duties;
            (2) these acts are a danger to our constitutional form of 
        government; and
            (3) more information is needed as to the extent of the 
        danger and its nature so that steps can be taken to protect 
        public servants at all levels of government in the performance 
        of their duties.
    (b) Statistics.--The Attorney General shall acquire data, for the 
calendar year 1990 and each succeeding calendar year about crimes and 
incidents of threats of violence and acts of violence against Federal, 
State, and local government employees in performance of their lawful 
duties. Such data shall include--
            (1) in the case of crimes against such employees, 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, whether or not criminally punishable, which 
        deter the employees from the performance of their jobs.
    (c) Guidelines.--The Attorney General shall establish guidelines 
for the collection of such data, including what constitutes sufficient 
evidence of noncriminal incidents required to be reported.
    (d) Annual Publishing.--The Attorney General shall publish an 
annual summary of the data acquired under this section. Otherwise such 
data shall be used only for research and statistical purposes.
    (e) Exemption.--The United States Secret Service is not required to 
participate in any statistical reporting activity under this section 
with respect to any direct or indirect threats made against any 
individual for whom the United States Secret Service is authorized to 
provide protection.

SEC. 806. VICTIM RESTITUTION ACT OF 1995.

    (a) Order of Restitution.--Section 3663 of title 18, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``may order, in addition to 
                        or, in the case of a misdemeanor, in lieu of 
                        any other penalty authorized by law'' and 
                        inserting ``shall order''; and
                            (ii) by adding at the end the following: 
                        ``The requirement of this paragraph does not 
                        affect the power of the court to impose any 
                        other penalty authorized by law. In the case of 
                        a misdemeanor, the court may impose restitution 
                        in lieu of any other penalty authorized by 
                        law.'';
                    (B) by adding at the end the following:
    ``(4) In addition to ordering restitution to the victim of the 
offense of which a defendant is convicted, a court may order 
restitution to any person who, as shown by a preponderance of evidence, 
was harmed physically, emotionally, or pecuniarily, by unlawful conduct 
of the defendant during--
            ``(A) the criminal episode during which the offense 
        occurred; or
            ``(B) the course of a scheme, conspiracy, or pattern of 
        unlawful activity related to the offense.'';
            (2) in subsection (b)(1)(B) by striking ``impractical'' and 
        inserting ``impracticable'';
            (3) in subsection (b)(2) by inserting ``emotional or'' 
        after ``resulting in'';
            (4) in subsection (b)--
                    (A) by striking ``and'' at the end of paragraph 
                (4);
                    (B) by redesignating paragraph (5) as paragraph 
                (6); and
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) in any case, reimburse the victim for lost income and 
        necessary child care, transportation, and other expenses 
        related to participation in the investigation or prosecution of 
        the offense or attendance at proceedings related to the 
        offense; and'';
            (5) in subsection (c) by striking ``If the court decides to 
        order restitution under this section, the'' and inserting 
        ``The'';
            (6) by striking subsections (d), (e), (f), (g), and (h);
            (7) by redesignating subsection (i) as subsection (m); and
            (8) by inserting after subsection (c) the following:
    ``(d)(1) The court shall order restitution to a victim in the full 
amount of the victim's losses as determined by the court and without 
consideration of--
            ``(A) the economic circumstances of the offender; or
            ``(B) the fact that a victim has received or is entitled to 
        receive compensation with respect to a loss from insurance or 
        any other source.
    ``(2) Upon determination of the amount of restitution owed to each 
victim, the court shall specify in the 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 
        offender;
            ``(B) projected earnings and other income of the offender; 
        and
            ``(C) any financial obligations of the offender, including 
        obligations to dependents.
    ``(3) A restitution order may direct the offender to make a single, 
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A 
restitution order shall direct the offender to give appropriate notice 
to victims and other persons in cases where there are multiple victims 
or other persons who may receive restitution, and where the identity of 
such victims and other persons can be reasonably determined.
    ``(4) An in-kind payment described in paragraph (3) may be in the 
form of--
            ``(A) return of property;
            ``(B) replacement of property; or
            ``(C) services rendered to the victim or to a person or 
        organization other than the victim.
    ``(e) When the court finds that more than 1 offender has 
contributed to the loss of a victim, the court may make each offender 
liable for payment of the full amount of restitution or may apportion 
liability among the offenders to reflect the level of contribution and 
economic circumstances of each offender.
    ``(f) When the court finds that more than 1 victim has sustained a 
loss requiring restitution by an offender, the court shall order full 
restitution to each victim but may provide for different payment 
schedules to reflect the economic circumstances of each victim.
    ``(g)(1) If the victim has received or is entitled to receive 
compensation with respect to a loss from insurance or any other source, 
the court shall order that restitution be paid to the person who 
provided or is obligated to provide the compensation, but the 
restitution order shall provide that all restitution to victims 
required by the order be paid to the victims before any restitution is 
paid to such a provider of compensation.
    ``(2) The issuance of a restitution order shall not affect the 
entitlement of a victim to receive compensation with respect to a loss 
from insurance or any other source until the payments actually received 
by the victim under the restitution order fully compensate the victim 
for the loss, at which time a person that has provided compensation to 
the victim shall be entitled to receive any payments remaining to be 
paid under the restitution order.
    ``(3) Any amount paid to a victim under an order of restitution 
shall be set off against any amount later recovered as compensatory 
damages by the victim in--
            ``(A) any Federal civil proceeding; and
            ``(B) any State civil proceeding, to the extent provided by 
        the law of the State.
    ``(h) A restitution order shall provide that--
            ``(1) all fines, penalties, costs, restitution payments and 
        other forms of transfers of money or property made pursuant to 
        the sentence of the court shall be made by the offender to an 
        entity designated by the Director of the Administrative Office 
        of the United States Courts for accounting and payment by the 
        entity in accordance with this subsection;
            ``(2) the entity designated by the Director of the 
        Administrative Office of the United States Courts shall--
                    ``(A) log all transfers in a manner that tracks the 
                offender's obligations and the current status in 
                meeting those obligations, unless, after efforts have 
                been made to enforce the restitution order and it 
                appears that compliance cannot be obtained, the court 
                determines that continued recordkeeping under this 
                subparagraph would not be useful; and
                    ``(B) notify the court and the interested parties 
                when an offender is 30 days in arrears in meeting those 
                obligations; and
            ``(3) the offender shall advise the entity designated by 
        the Director of the Administrative Office of the United States 
        Courts of any change in the offender's address during the term 
        of the restitution order.
    ``(i) A restitution order shall constitute a lien against all 
property of the offender and may be recorded in any Federal or State 
office for the recording of liens against real or personal property.
    ``(j) Compliance with the schedule of payment and other terms of a 
restitution order shall be a condition of any probation, parole, or 
other form of release of an offender. If a defendant fails to comply 
with a restitution order, the court may revoke probation or a term of 
supervised release, modify the term or conditions of probation or a 
term of supervised release, 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, or take any other action 
necessary to obtain compliance with the restitution order. 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 restitution order, and 
any other circumstances that may have a bearing on the defendant's 
ability to comply with the restitution order.
    ``(k) An order of restitution may be enforced--
            ``(1) by the United States--
                    ``(A) in the manner provided for the collection and 
                payment of fines in subchapter B of chapter 229 of this 
                title; or
                    ``(B) in the same manner as a judgment in a civil 
                action; and
            ``(2) by a victim named in the order to receive the 
        restitution, in the same manner as a judgment in a civil 
        action.
    ``(l) A victim or the offender may petition the court at any time 
to modify a restitution order as appropriate in view of a change in the 
economic circumstances of the offender.''.
    (b) Procedure for Issuing Order of Restitution.--Section 3664 of 
title 18, United States Code, is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b), (c), (d), and (e) as 
        subsections (a), (b), (c), and (d);
            (3) by amending subsection (a), as redesignated by 
        paragraph (2), to read as follows:
    ``(a) The court may order the probation service of the court to 
obtain information pertaining to the amount of loss sustained by any 
victim as a result of the offense, the financial resources of the 
defendant, the financial needs and earning ability of the defendant and 
the defendant's dependents, and such other factors as the court deems 
appropriate. The probation service of the court shall include the 
information collected in the report of presentence investigation or in 
a separate report, as the court directs.''; and
            (4) by adding at the end thereof the following new 
        subsection:
    ``(e) The court may refer any issue arising in connection with a 
proposed order of restitution to a magistrate 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.''.

SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

  The Director of the Federal Bureau of Investigation is authorized to 
support law enforcement training activities in foreign countries for 
the purpose of improving the effectiveness of the United States in 
investigating and prosecuting transnational offenses.

SEC. 808. 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 courts involved shall, if donations under subsection (b) will 
defray the entire cost of doing so, order closed circuit televising of 
the proceedings to that location, for viewing by such persons the 
courts determine 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) No Rebroadcast.--No rebroadcast of the proceedings shall be 
made.
    (c) Limited Access.--
            (1) Generally.--No other person, other than official court 
        and security personnel, or other persons specifically 
        designated by the courts, shall be permitted to view the closed 
        circuit televising of the proceedings.
            (2) Exception.--The courts 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.
    (d) Donations.--The Administrative Office of the United States 
Courts may accept donations to enable the courts to carry out 
subsection (a). No appropriated money shall be used to carry out such 
subsection.
    (e) Definition.--As used in this section, the term ``State'' 
includes the District of Columbia and any other possession or territory 
of the United States.

SEC. 809. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for each of fiscal years 
1996 through 2000 to the Federal Bureau of Investigation such sums as 
are necessary--
            (1) to hire additional personnel, and to procure equipment, 
        to support expanded investigations of domestic and 
        international terrorism activities;
            (2) to establish a Domestic Counterterrorism Center to 
        coordinate and centralize Federal, State, and local law 
        enforcement efforts in response to major terrorist incidents, 
        and as a clearinghouse for all domestic and international 
        terrorism information and intelligence; and
            (3) to cover costs associated with providing law 
        enforcement coverage of public events offering the potential of 
        being targeted by domestic or international terrorists.

                     TITLE IX--HABEAS CORPUS REFORM

SEC. 901. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d)(1) A 1-year period of limitation shall apply to an 
application for a write of habeas corpus by a person in custody 
pursuant to the judgment of a State court. The limitation period shall 
run from the latest of--
            ``(A) the date on which the judgment became final by the 
        conclusion of direct review or the 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 shall not be counted toward any period of 
limitation under this subsection.''.

SEC. 902. APPEAL.

    Section 2253 of title 28, United States Code, is amended to read as 
follows:
``Sec. 2253. Appeal
    ``(a) In a habeas corpus proceeding or a proceeding under section 
2255 before a district judge, the final order shall be subject to 
review, on appeal, by the court of appeals for the circuit in which the 
proceeding is held.
    ``(b) There shall be no right of appeal from a final order in a 
proceeding to test the validity of a warrant to remove to another 
district or place for commitment or trial a person charged with a 
criminal offense against the United States, or to test the validity of 
such person's detention pending removal proceedings.
    ``(c)(1) Unless a circuit justice or judge issues a certificate of 
appealability, an appeal may not be taken to the court of appeals 
from--
            ``(A) the final order in a habeas corpus proceeding in 
        which the detention complained of arises out of process issued 
        by a State court; or
            ``(B) the final order in a proceeding under section 2255.
    ``(2) A certificate of appealability may issue under paragraph (1) 
only if the applicant has made a substantial showing of the denial of a 
constitutional right.
    ``(3) The certificate of appealability under paragraph (1) shall 
indicate which specific issue or issues satisfy the showing required by 
paragraph (2).''.

SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to 
read as follows:
``Rule 22. Habeas corpus and section 2255 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. 904. SECTION 2254 AMENDMENTS.

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

SEC. 905. 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 for a movant who 
is or becomes financially unable to afford counsel shall be in the 
discretion of the court, 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. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

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

SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

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

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

``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
                            appointment of counsel; requirement of rule 
                            of court or statute; procedures for 
                            appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
                            execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
                            rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment
    ``(a) This chapter shall apply to cases arising under section 2254 
brought by prisoners in State custody who are subject to a capital 
sentence. It shall apply only if the provisions of subsections (b) and 
(c) are satisfied.
    ``(b) This chapter is applicable if a State establishes by statute, 
rule of its court of last resort, or by another agency authorized by 
State law, a mechanism for the appointment, compensation, and payment 
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital 
convictions and sentences have been upheld on direct appeal to the 
court of last resort in the State or have otherwise become final for 
State law purposes. The rule of court or statute must provide standards 
of competency for the appointment of such counsel.
    ``(c) Any mechanism for the appointment, compensation, and 
reimbursement of counsel as provided in subsection (b) must offer 
counsel to all State prisoners under capital sentence and must provide 
for the entry of an order by a court of record--
            ``(1) appointing one or more counsels to represent the 
        prisoner upon a finding that the prisoner is indigent and 
        accepted the offer or is unable competently to decide whether 
        to accept or reject the offer;
            ``(2) finding, after a hearing if necessary, that the 
        prisoner rejected the offer of counsel and made the decision 
        with an understanding of its legal consequences; or
            ``(3) denying the appointment of counsel upon a finding 
        that the prisoner is not indigent.
    ``(d) No counsel appointed pursuant to subsections (b) and (c) to 
represent a State prisoner under capital sentence shall have previously 
represented the prisoner at trial or on direct appeal in the case for 
which the appointment is made unless the prisoner and counsel expressly 
request continued representation.
    ``(e) The ineffectiveness or incompetence of counsel during State 
or Federal post-conviction proceedings in a capital case shall not be a 
ground for relief in a proceeding arising under section 2254. This 
limitation shall not preclude the appointment of different counsel, on 
the court's own motion or at the request of the prisoner, at any phase 
of State or Federal post-conviction proceedings on the basis of the 
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions
    ``(a) Upon the entry in the appropriate State court of record of an 
order under section 2261(c), a warrant or order setting an execution 
date for a State prisoner shall be stayed upon application to any court 
that would have jurisdiction over any proceedings filed under section 
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled 
execution is subject to stay.
    ``(b) A stay of execution granted pursuant to subsection (a) shall 
expire if--
            ``(1) a State prisoner fails to file a habeas corpus 
        application under section 2254 within the time required in 
        section 2263;
            ``(2) before a court of competent jurisdiction, in the 
        presence of counsel, unless the prisoner has competently and 
        knowingly waived such counsel, and after having been advised of 
        the consequences, a State prisoner under capital sentence 
        waives the right to pursue habeas corpus review under section 
        2254; or
            ``(3) a State prisoner files a habeas corpus petition under 
        section 2254 within the time required by section 2263 and fails 
        to make a substantial showing of the denial of a Federal right 
        or is denied relief in the district court or at any subsequent 
        stage of review.
    ``(c) If one of the conditions in subsection (b) has occurred, no 
Federal court thereafter shall have the authority to enter a stay of 
execution in the case, unless the court of appeals approves the filing 
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements; 
              tolling rules
    ``(a) Any application under this chapter for habeas corpus relief 
under section 2254 must be filed in the appropriate district court not 
later than 180 days after final State court affirmance of the 
conviction and sentence on direct review or the expiration of the time 
for seeking such review.
    ``(b) The time requirements established by subsection (a) shall be 
tolled--
            ``(1) from the date that a petition for certiorari is filed 
        in the Supreme Court until the date of final disposition of the 
        petition if a State prisoner files the petition to secure 
        review by the Supreme Court of the affirmance of a capital 
        sentence on direct review by the court of last resort of the 
        State or other final State court decision on direct review;
            ``(2) from the date on which the first petition for post-
        conviction review or other collateral relief is filed until the 
        final State court disposition of such petition; and
            ``(3) during an additional period not to exceed 30 days, 
        if--
                    ``(A) a motion for an extension of time is filed in 
                the Federal district court that would have jurisdiction 
                over the case upon the filing of a habeas corpus 
                application under section 2254; and
                    ``(B) a showing of good cause is made for the 
                failure to file the habeas corpus application within 
                the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
    ``(a) Whenever a State prisoner under capital sentence files a 
petition for habeas corpus relief to which this chapter applies, the 
district court shall only consider a claim or claims that have been 
raised and decided on the merits in the State courts, unless the 
failure to raise the claim properly is--
            ``(1) the result of State action in violation of the 
        Constitution or laws of the United States;
            ``(2) the result of the Supreme Court recognition of a new 
        Federal right that is made retroactively applicable; or
            ``(3) based on a factual predicate that could not have been 
        discovered through the exercise of due diligence in time to 
        present the claim for State or Federal post-conviction review.
    ``(b) Following review subject to subsections (a), (d), and (e) of 
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
    ``(a) For purposes of this section, a `unitary review' procedure 
means a State procedure that authorizes a person under sentence of 
death to raise, in the course of direct review of the judgment, such 
claims as could be raised on collateral attack. This chapter shall 
apply, as provided in this section, in relation to a State unitary 
review procedure if the State establishes by rule of its court of last 
resort or by statute a mechanism for the appointment, compensation, and 
payment of reasonable litigation expenses of competent counsel in the 
unitary review proceedings, including expenses relating to the 
litigation of collateral claims in the proceedings. The rule of court 
or statute must provide standards of competency for the appointment of 
such counsel.
    ``(b) To qualify under this section, a unitary review procedure 
must include an offer of counsel following trial for the purpose of 
representation on unitary review, and entry of an order, as provided in 
section 2261(c), concerning appointment of counsel or waiver or denial 
of appointment of counsel for that purpose. No counsel appointed to 
represent the prisoner in the unitary review proceedings shall have 
previously represented the prisoner at trial in the case for which the 
appointment is made unless the prisoner and counsel expressly request 
continued representation.
    ``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation 
to cases involving a sentence of death from any State having a unitary 
review procedure that qualifies under this section. References to State 
`post-conviction review' and `direct review' in such sections shall be 
understood as referring to unitary review under the State procedure. 
The reference in section 2262(a) to `an order under section 2261(c)' 
shall be understood as referring to the post-trial order under 
subsection (b) concerning representation in the unitary review 
proceedings, but if a transcript of the trial proceedings is 
unavailable at the time of the filing of such an order in the 
appropriate State court, then the start of the 180-day limitation 
period under section 2263 shall be deferred until a transcript is made 
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and 
              motions
    ``(a) The adjudication of any application under section 2254 that 
is subject to this chapter, and the adjudication of any motion under 
section 2255 by a person under sentence of death, shall be given 
priority by the district court and by the court of appeals over all 
noncapital matters.
    ``(b)(1)(A) A district court shall render a final determination and 
enter a final judgment on any application for a writ of habeas corpus 
brought under this chapter in a capital case not later than 180 days 
after the date on which the application is filed.
    ``(B) A district court shall afford the parties at least 120 days 
in which to complete all actions, including the preparation of all 
pleadings and briefs, and if necessary, a hearing, prior to the 
submission of the case for decision.
    ``(C)(i) A district court may delay for not more than one 
additional 30-day period beyond the period specified in subparagraph 
(A), the rendering of a determination of an application for a writ of 
habeas corpus if the court issues a written order making a finding, and 
stating the reasons for the finding, that the ends of justice that 
would be served by allowing the delay outweigh the best interests of 
the public and the applicant in a speedy disposition of the 
application.
    ``(ii) The factors, among others, that a court shall consider in 
determining whether a delay in the disposition of an application is 
warranted are as follows:
            ``(I) Whether the failure to allow the delay would be 
        likely to result in a miscarriage of justice.
            ``(II) Whether the case is so unusual or so complex, due to 
        the number of defendants, the nature of the prosecution, or the 
        existence of novel questions of fact or law, that it is 
        unreasonable to expect adequate briefing within the time 
        limitations established by subparagraph (A).
            ``(III) Whether the failure to allow a delay in a case, 
        that, taken as a whole, is not so unusual or so complex as 
        described in subclause (II), but would otherwise deny the 
        applicant reasonable time to obtain counsel, would unreasonably 
        deny the applicant or the government continuity of counsel, or 
        would deny counsel for the applicant or the government the 
        reasonable time necessary for effective preparation, taking 
        into account the exercise of due diligence.
    ``(iii) No delay in disposition shall be permissible because of 
general congestion of the court's calendar.
    ``(iv) The court shall transmit a copy of any order issued under 
clause (i) to the Director of the Administrative Office of the United 
States Courts for inclusion in the report under paragraph (5).
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus following a remand by the court of appeals or the 
        Supreme Court for further proceedings, in which case the 
        limitation period shall run from the date the remand is 
        ordered.
    ``(3)(A) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(B) No amendment to an application for a writ of habeas corpus 
under this chapter shall be permitted after the filing of the answer to 
the application, except on the grounds specified in section 2244(b).
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
petitioning for a writ of mandamus to the court of appeals. The court 
of appeals shall act on the petition for a writ or mandamus not later 
than 30 days after the filing of the petition.
    ``(5)(A) The Administrative Office of United States Courts shall 
submit to Congress an annual report on the compliance by the district 
courts with the time limitations under this section.
    ``(B) The report described in subparagraph (A) shall include copies 
of the orders submitted by the district courts under paragraph 
(1)(B)(iv).
    ``(c)(1)(A) A court of appeals shall hear and render a final 
determination of any appeal of an order granting or denying, in whole 
or in part, an application brought under this chapter in a capital case 
not later than 120 days after the date on which the reply brief is 
filed, or if no reply brief is filed, not later than 120 days after the 
date on which the answering brief is filed.
    ``(B)(i) A court of appeals shall decide whether to grant a 
petition for rehearing or other request for rehearing en banc not later 
than 30 days after the date on which the petition for rehearing is 
filed unless a responsive pleading is required, in which case the court 
shall decide whether to grant the petition not later than 30 days after 
the date on which the responsive pleading is filed.
    ``(ii) If a petition for rehearing or rehearing en banc is granted, 
the court of appeals shall hear and render a final determination of the 
appeal not later than 120 days after the date on which the order 
granting rehearing or rehearing en banc is entered.
    ``(2) The time limitations under paragraph (1) shall apply to--
            ``(A) an initial application for a writ of habeas corpus;
            ``(B) any second or successive application for a writ of 
        habeas corpus; and
            ``(C) any redetermination of an application for a writ of 
        habeas corpus or related appeal following a remand by the court 
        of appeals en banc or the Supreme Court for further 
        proceedings, in which case the limitation period shall run from 
        the date the remand is ordered.
    ``(3) The time limitations under this section shall not be 
construed to entitle an applicant to a stay of execution, to which the 
applicant would otherwise not be entitled, for the purpose of 
litigating any application or appeal.
    ``(4)(A) The failure of a court to meet or comply with a time 
limitation under this section shall not be a ground for granting relief 
from a judgment of conviction or sentence.
    ``(B) The State may enforce a time limitation under this section by 
applying for a writ of mandamus to the Supreme Court.
    ``(5) The Administrative Office of 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 table of chapters at the beginning of 
part VI of title 28, United States Code, is amended by adding after the 
item relating to chapter 153 the following new item:

``154. Special habeas corpus procedures in capital cases....    2261''.
    (c) Effective Date.--Chapter 154 of title 28, United States Code 
(as added by subsection (a)) shall apply to cases pending on or after 
the date of enactment of this Act.

SEC. 908. 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.''.

SEC. 909. SEVERABILITY.

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

                 TITLE X--INTERNATIONAL COUNTERFEITING

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``International Counterfeiting 
Prevention Act of 1996''.

SEC. 1002. AUDITS OF 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) 1st evaluation audit under plan.--The Secretary shall 
        begin the first evaluation audit pursuant to the evaluation 
        audit plan no later than the end of the 1-year period beginning 
        on the date of the enactment of this Act.
            (4) Subsequent evaluation audits.--At least 1 evaluation 
        audit shall be performed pursuant to the evaluation audit plan 
        during each 3-year period beginning after the date of the 
        commencement of the evaluation audit referred to in paragraph 
        (3).
    (c) Reports.--
            (1) In general.--The Secretary shall submit a written 
        report to the Committee on Banking and Financial Services of 
        the House of Representatives and the Committee on Banking, 
        Housing, and Urban Affairs of the Senate on the results of each 
        evaluation audit conducted pursuant to subsection (b) within 90 
        days after the completion of the evaluation audit.
            (2) Contents.--In addition to such other information as the 
        Secretary may determine to be appropriate, each report 
        submitted to the Congress pursuant to paragraph (1) shall 
        include the following information:
                    (A) A detailed description of the evaluation audit 
                process and the methods used to develop estimates of 
                the amount of counterfeit United States currency in 
                circulation outside the United States.
                    (B) The method used to determine the currency 
                sample examined in connection with the evaluation audit 
                and a statistical analysis of the sample examined.
                    (C) A list of the regions of the world, types of 
                financial institutions, and other entities included.
                    (D) An estimate of the total amount of United 
                States currency found in each region of the world.
                    (E) The total amount of counterfeit United States 
                currency and the total quantity of each counterfeit 
                denomination found in each region of the world.
            (3) Classification of information.--
                    (A) In general.--To the greatest extent possible, 
                each report submitted to the Congress under this 
                subsection shall be submitted in an unclassified form.
                    (B) Classified and unclassified forms.--If, in the 
                interest of submitting a complete report under this 
                subsection, the Secretary determines that it is 
                necessary to include classified information in the 
                report, the report shall be submitted in a classified 
                and an unclassified form.
    (d) Sunset Provision.--This section shall cease to be effective as 
of the end of the 10-year period beginning on the date of the enactment 
of this Act.
    (e) Rule of Construction.--No provision of this section shall be 
construed as authorizing any entity to conduct investigations of 
counterfeit United States currency.

SEC. 1003. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO 
              INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY.

    (a) Findings.--The Congress hereby finds the following:
            (1) United States currency is being counterfeited outside 
        the United States.
            (2) The 103d 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.
    (b) Timely Consideration of Requests for Concurrence in Creation of 
Overseas Posts.--
            (1) In general.--The Secretary of State shall--
                    (A) consider in a timely manner the request by the 
                Secretary of the Treasury for the placement of such 
                number of agents of the United States Secret Service as 
                the Secretary of the Treasury considers appropriate in 
                posts in overseas embassies; and
                    (B) reach an agreement with the Secretary of the 
                Treasury on such posts as soon as possible and, in any 
                event, not later than December 31, 1996.
            (2) Cooperation of treasury required.--The Secretary of the 
        Treasury shall promptly provide any information requested by 
        the Secretary of State in connection with such requests.
            (3) Reports required.--The Secretary of the Treasury and 
        the Secretary of State shall each submit, by February 1, 1997, 
        a written report to the Committee on Banking and Financial 
        Services of the House of Representatives and the Committee on 
        Banking, Housing, and Urban Affairs of the Senate explaining 
        the reasons for the rejection, if any, of any proposed post and 
        the reasons for the failure, if any, to fill any approved post 
        by such date.
    (c) 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.

               TITLE XI--BIOLOGICAL WEAPONS RESTRICTIONS

SEC. 1101. SHORT TITLE.

        This Act may be cited as the ``Biological Weapons Enhanced 
Penalties Act of 1996.''.

SEC. 1102. ATTEMPTS TO ACQUIRE UNDER FALSE PRETENSES.

        Section 175(a) of title 18, United States Code, is amended by 
inserting ``attempts to acquire under false pretenses, after 
``acquires,''.

SEC. 1103. INCLUSION OF RECOMBINANT MOLECULES.

        Section 175 of title 18, United States Code, is amended by 
inserting ``recombinant molecules,'' after ``toxin,'' each place it 
appears.

SEC. 1104. DEFINITIONS.

    Section 173 of title 18, United States Code, is amended--
            (1) in paragraph (1), by inserting ``or naturally occurring 
        or bioengineered component of any such microorganism, virus, or 
        infectious substance,'' after ``infectious substance'';
            (2) in paragraph (2)--
                    (A) by inserting ``the toxic material of plants, 
                animals, microorganisms, viruses, fungi, or infectious 
                substances'' after ``means''; and
                    (B) by inserting ``, and includes'' after 
                ``production'';
            (3) in paragraph (4), by inserting ``or a molecule, 
        including a recombinant molecule,'' after ``organism''.

SEC. 1105. THREATENING USE OF CERTAIN WEAPONS.

    Section 2332a of title 18, United States Code, is amended by 
inserting ``, threatens,'' after ``uses, or''.

SEC. 1106. INCLUSION OF RECOMBINANT MOLECULES AND BIOLOGICAL ORGANISMS 
              IN DEFINITION.

        Section 2332a(b)(2)(C) of title 18, United States Code, is 
amended by striking ``disease organism'' and inserting ``biological 
agent or toxin, as those terms are defined in section 178''.

  TITLE XII--COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT

SEC. 1201. ESTABLISHMENT.

    There is established a commission to be known as the ``Commission 
on the Advancement of Federal Law Enforcement'' (in this title referred 
to as the ``Commission'').

SEC. 1202. DUTIES.

    The Commission shall investigate, ascertain, evaluate, report, and 
recommend action to the Congress on the following matters:
            (1) In general, the manner in which significant Federal 
        criminal law enforcement operations are conceived, planned, 
        coordinated, and executed.
            (2) 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.
            (3) The criminal investigation and handling by the United 
        States Government, and the Federal law enforcement agencies 
        therewith--
                    (A) on February 28, 1993, in Waco, Texas, with 
                regard to the conception, planning, and execution of 
                search and arrest warrants that resulted in the deaths 
                of 4 Federal law enforcement officers and 6 civilians;
                    (B) regarding the efforts to resolve the subsequent 
                standoff in Waco, Texas, which ended in the deaths of 
                over 80 civilians on April 19, 1993; and
                    (C) concerning other Federal criminal law 
                enforcement cases, at the Commission's discretion, 
                which have been presented to the courts or to the 
                executive branch of Government in the last 25 years 
                that are actions or complaints based upon claims of 
                abuse of authority, practice, procedure, or violations 
                of constitutional guarantees, and which may indicate a 
                pattern or problem of abuse within an enforcement 
                agency or a sector of the enforcement community.
            (4) The necessity for the present number of Federal law 
        enforcement agencies and units.
            (5) 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.
            (6) The degree of assistance, training, education, and 
        other human resource management assets devoted to increasing 
        professionalism for Federal law enforcement officers.
            (7) The independent accountability mechanisms that exist, 
        if any, and their efficacy to investigate, address, and correct 
        systemic or gross individual Federal law enforcement abuses.
            (8) The extent to which Federal law enforcement agencies 
        have attempted to pursue community outreach efforts that 
        provide meaningful input into the shaping and formation of 
        agency policy, including seeking and working with State and 
        local law enforcement agencies on Federal criminal enforcement 
        operations or programs that directly impact a State or local 
        law enforcement agency's geographic jurisdiction.
            (9) Such other related matters as the Commission deems 
        appropriate.

SEC. 1203. MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.

    (a) Number and Appointment.--The Commission shall be composed of 5 
members appointed as follows:
            (1) 1 member appointed by the President pro tempore of the 
        Senate.
            (2) 1 member appointed by the minority leader of the 
        Senate.
            (3) 1 member appointed by the Speaker of the House of 
        Representatives.
            (4) 1 member appointed by the minority leader of the House 
        of Representatives.
            (5) 1 member (who shall chair the Commission) appointed by 
        the Chief Justice of the Supreme Court.
    (b) Disqualification.--A person who is an officer or employee of 
the United States shall not be appointed a member of the Commission.
    (c) Terms.--Each member shall be appointed for the life of the 
Commission.
    (d) Quorum.--3 members of the Commission shall constitute a quorum 
but a lesser number may hold hearings.
    (e) Meetings.--The Commission shall meet at the call of the Chair 
of the Commission.
    (f) 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.

SEC. 1204. STAFFING AND SUPPORT FUNCTIONS.

    (a) Director.--The Commission shall have a director who shall be 
appointed by the Chair of the Commission.
    (b) Staff.--Subject to rules prescribed by the Commission, the 
Director may appoint additional personnel as the Commission considers 
appropriate.
    (c) 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.
    (d) Experts and Consultants.--The Commission may procure temporary 
and intermittent services of experts and consultants under section 
3109(b) of title 5, United States Code, but at rates for individuals 
not to exceed per day the daily equivalent of the maximum annual rate 
of basic pay payable for GS-15 of the General Schedule.

SEC. 1205. POWERS.

    (a) 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.
    (b) 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.
    (c) 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 title. Upon request of the 
Chair of the Commission, the head of that department or agency shall 
furnish that information to the Commission.
    (d) 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.
    (e) Subpoena Power.--
            (1) In general.--The Commission may issue subpoenas 
        requiring the attendance and testimony of witnesses and the 
        production of any evidence relating to any matter under 
        investigation by the Commission. The attendance of witnesses 
        and the production of evidence may be required from any place 
        within the United States at any designated place of hearing 
        within the United States.
            (2) Failure to obey subpoena.--If a person refuses to obey 
        a subpoena issued under paragraph (1), the Commission may apply 
        to the United States district court for an order requiring that 
        person to appear before the Commission to give testimony, 
        produce evidence, or both, relating to the matter under 
        investigation. The application may be made within the judicial 
        district where the hearing is conducted or where that person is 
        found, resides, or transacts business. Any failure to obey the 
        order of the court may be punished by the court as civil 
        contempt.
            (3) Service of subpoenas.--The subpoenas of the Commission 
        shall be served in the manner provided for subpoenas issued by 
        a United States district court under the Federal Rules of Civil 
        Procedure for the United States district courts.
            (4) Service of process.--All process of any court to which 
        application is to be made under paragraph (2) may be served in 
        the judicial district in which the person required to be served 
        resides or may be found.
    (f) Immunity.--The Commission is an agency of the United States for 
the purpose of part V of title 18, United States Code (relating to 
immunity of witnesses).

SEC. 1206. 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.

SEC. 1207. TERMINATION.

    The Commission shall terminate 30 days after submitting the report 
required by this title.

                    TITLE XIII--REPRESENTATION FEES

SEC. 1301. 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 (3) by adding at the end of 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 less than $75, and not more than $125, 
per hour for in-court and out-of-court time, Fees and expenses shall be 
paid for investigative, expert, and other reasonably necessary services 
authorized under paragraph (9) at the rates and in the amounts 
authorized under section 3006A of title 18, United States Code.
    ``(B) The amounts paid under this paragraph for services in any 
case shall be made available to the public.''.
    (c) Effective Date.--The amendments made by this section apply to 
cases commenced on or after the date of the enactment of this Act.

              TITLE XIV--DEATH PENALTY AGGRAVATING FACTOR

SEC. 1401. DEATH PENALTY AGGRAVATING FACTOR.

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

            TITLE XV--FINANCIAL TRANSACTIONS WITH TERRORISTS

SEC. 1501. FINANCIAL TRANSACTIONS WITH TERRORISTS.

    (a) In General.--Title 18, United States Code, is amended by 
inserting before section 2333 the following:
``Sec. 2332c. Financial transactions
    ``(a) Except as provided in regulations made by the Secretary of 
State, whoever, being a United States person, knowing or having 
reasonable cause to know that a country is a country that has been 
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 that country, shall be fined 
under this title or imprisoned not more than 10 years, or both.
    ``(b) As used in this section--
            ``(1) the term `financial transaction' has the meaning 
        given that term in section 1956(c)(4); and
            ``(2) the term `United States person' means any United 
        States citizen or national, permanent resident alien, juridical 
        person organized under the laws of the United States, or any 
        person in the United States.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the chapter of title 18, United States Code, to which the amendment of 
subsection (a) was made is amended by inserting before the item 
relating to section 2333 the following new item:

``2332c. Financial transactions.''.
            Amend the title so as to read: ``An Act to provide for an effective 
        death penalty and to protect the public safety.''.
            Attest:

                                                                          Clerk.