[Congressional Record Volume 141, Number 198 (Wednesday, December 13, 1995)]
[House]
[Pages H14765-H14785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 1710

                          Offered By: Mr. Hyde

               [Amendment in the Nature of a Substitute]

       Amendment No. 2: Strike all after the enacting clause and 
     insert in lieu thereof the following:

                               H.R. 1710

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Effective Death Penalty and 
     Antiterrorism Act of 1995''.

     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 to determine standards for determining what ammunition 
              is capable of penetrating police body armor.

                     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.

                     TITLE III--INVESTIGATIVE TOOLS

Sec. 301. Pen registers and trap and trace devices in foreign 
              counterintelligence investigations.
Sec. 302. Disclosure of certain consumer reports to the Federal Bureau 
              of Investigation.
Sec. 303. Disclosure of business records held by third parties in 
              foreign counterintelligence cases.
Sec. 304. Study of tagging explosive materials, detection of explosives 
              and explosive materials, rendering explosive components 
              inert, and imposing controls of precursors of explosives.
Sec. 305. Application of statutory exclusionary rule concerning 
              intercepted wire or oral communications.
Sec. 306. Exclusion of certain types of information from wiretap-
              related definitions.
Sec. 307. Requirement for periodic report.
Sec. 308. Access to telephone billing records.
Sec. 309. Requirement to preserve record evidence.
Sec. 310. Detention hearing.
Sec. 311. Reward authority of the Attorney General.
Sec. 312. Protection of Federal Government buildings in the District of 
              Columbia.
Sec. 313. 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. Removal procedures for alien terrorists.
Sec. 602. Funding for detention and removal of alien terrorists.

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

Sec. 611. Membership in terrorist organization as ground for exclusion.
Sec. 612. Denial of asylum to alien terrorists.
Sec. 613. Denial of other relief for alien terrorists.

[[Page H14766]]


                    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. Payments to political subdivisions for costs of incarcerating 
              illegal aliens.
Sec. 671. Miscellaneous provisions.
Sec. 672. Construction of expedited deportation requirements.
Sec. 673. Study of prisoner transfer treaty with Mexico.
Sec. 674. Justice Department assistance in bringing to justice aliens 
              who flee prosecution for crimes in the United States.
Sec. 675. Prisoner transfer treaties.
Sec. 676. Interior repatriation program.
Sec. 677. Deportation of nonviolent offenders prior to completion of 
              sentence of imprisonment.

                  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.

                       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. Authority for overseas law enforcement training activities.

                     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 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 or should have known 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, 351, 844(f) or (i), 956, 1114, 1116, 1203, 1361, 
     1363, 1751, 2280, 2281, 2332, 2332a, or 2332b 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 ten 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 

[[Page H14767]]
     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 

[[Page H14768]]
     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 TO DETERMINE STANDARDS FOR DETERMINING WHAT 
                   AMMUNITION IS CAPABLE OF PENETRATING POLICE 
                   BODY ARMOR.

       The National Institute of Justice is directed to perform a 
     study of, and to recommend to Congress, a methodology for 
     determining what ammunition, designed for handguns, is 
     capable of penetrating police body armor. Not later than 6 
     months after the date of the enactment of this Act, the 
     National Institute of Justice shall report to Congress the 
     results of such study and such recommendations.
     
[[Page H14769]]

                     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--
       (1) by inserting ``or having reasonable cause to believe'' 
     after ``knowing''; and
       (2) 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.
                     TITLE III--INVESTIGATIVE TOOLS

     SEC. 301. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN 
                   COUNTERINTELLIGENCE INVESTIGATIONS.

       (a) Application.--Section 3122(b)(2) of title 18, United 
     States Code, is amended by inserting ``or foreign 
     counterintelligence'' after ``criminal''.
       (b) Order.--
       (1) Section 3123(a) of title 18, United States Code, is 
     amended by inserting ``or foreign counterintelligence'' after 
     ``criminal''.
       (2) Section 3123(b)(1) of title 18, United States Code, is 
     amended in subparagraph (B), by striking ``criminal''.

     SEC. 302. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE 
                   FEDERAL BUREAU OF INVESTIGATION.

       (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 
     1681 et seq.) is amended by adding after section 623 the 
     following new section:

     ``Sec. 624. Disclosures to FBI for counterintelligence 
       purposes

       ``(a) Identity of Financial Institutions.--Notwithstanding 
     section 604 or any other provision of this title, a consumer 
     reporting agency shall furnish to the Federal Bureau of 
     Investigation the names and addresses of all financial 
     institutions (as that term is defined in section 1101 of the 
     Right to Financial Privacy Act of 1978) at which a consumer 
     maintains or has maintained an account, to the extent that 
     information is in the files of the agency, when presented 
     with a written request for that information, signed by the 
     Director of the Federal Bureau of Investigation, or the 
     Director's designee, which certifies compliance with this 
     section. The Director or the Director's designee may make 
     such a certification only if the Director or the Director's 
     designee has determined in writing that--
       ``(1) such information is necessary for the conduct of an 
     authorized foreign counterintelligence investigation; and
       ``(2) there are specific and articulable facts giving 
     reason to believe that the consumer--
       ``(A) is a foreign power (as defined in section 101 of the 
     Foreign Intelligence Surveillance Act of 1978) or a person 
     who is not a United States person (as defined in such section 
     101) and is an official of a foreign power; or
       ``(B) is an agent of a foreign power and is engaging or has 
     engaged in international terrorism (as that term is defined 
     in section 101(c) of the Foreign Intelligence Surveillance 
     Act of 1978) or clandestine intelligence activities that 
     involve or may involve a violation of criminal statutes of 
     the United States.
       ``(b) Identifying Information.--Notwithstanding the 
     provisions of section 604 or any other provision of this 
     title, a consumer reporting agency shall furnish identifying 
     information respecting a consumer, limited to name, address, 
     former addresses, places of employment, or former places of 
     employment, to the Federal Bureau of Investigation when 
     presented with a written request, signed by the Director or 
     the Director's designee, which certifies compliance with this 
     subsection. The Director or the Director's designee may make 
     such a certification only if the Director or the Director's 
     designee has determined in writing that--
       ``(1) such information is necessary to the conduct of an 
     authorized counterintelligence investigation; and
       ``(2) there is information giving reason to believe that 
     the consumer has been, or is about to be, in contact with a 
     foreign power or an agent of a foreign power (as defined in 
     section 101 of the Foreign Intelligence Surveillance Act of 
     1978).
       ``(c) Court Order for Disclosure of Consumer Reports.--
     Notwithstanding section 604 or any other provision of this 
     title, if requested in writing by the Director of the Federal 
     Bureau of Investigation, or a designee of the Director, a 
     court may issue an order ex parte directing a consumer 
     reporting agency to furnish a consumer report to the Federal 
     Bureau of Investigation, upon a showing in camera that--
       ``(1) the consumer report is necessary for the conduct of 
     an authorized foreign counterintelligence investigation; and
       ``(2) there are specific and articulable facts giving 
     reason to believe that the consumer whose consumer report is 
     sought--
       ``(A) is an agent of a foreign power; and
       ``(B) is engaging or has engaged in international terrorism 
     (as that term is defined in section 101(c) of the Foreign 
     Intelligence Surveillance Act of 1978) or clandestine 
     intelligence activities that involve or may involve a 
     violation of criminal statutes of the United States.
     The terms of an order issued under this subsection shall not 
     disclose that the order is issued for purposes of a 
     counterintelligence investigation.
       ``(d) Confidentiality.--No consumer reporting agency or 
     officer, employee, or agent 

[[Page H14770]]
     of a consumer reporting agency shall disclose to any person, other than 
     those officers, employees, or agents of a consumer reporting 
     agency necessary to fulfill the requirement to disclose 
     information to the Federal Bureau of Investigation under this 
     section, that the Federal Bureau of Investigation has sought 
     or obtained the identity of financial institutions or a 
     consumer report respecting any consumer under subsection (a), 
     (b), or (c) and no consumer reporting agency or officer, 
     employee, or agent of a consumer reporting agency shall 
     include in any consumer report any information that would 
     indicate that the Federal Bureau of Investigation has sought 
     or obtained such information or a consumer report.
       ``(e) Payment of Fees.--The Federal Bureau of Investigation 
     shall, subject to the availability of appropriations, pay to 
     the consumer reporting agency assembling or providing reports 
     or information in accordance with procedures established 
     under this section, a fee for reimbursement for such costs as 
     are reasonably necessary and which have been directly 
     incurred in searching, reproducing, or transporting books, 
     papers, records, or other data required or requested to be 
     produced under this section.
       ``(f) Limit on Dissemination.--The Federal Bureau of 
     Investigation may not disseminate information obtained 
     pursuant to this section outside of the Federal Bureau of 
     Investigation, except to other Federal agencies as may be 
     necessary for the approval or conduct of a foreign 
     counterintelligence investigation, or, where the information 
     concerns a person subject to the Uniform Code of Military 
     Justice, to appropriate investigative authorities within the 
     military department concerned as may be necessary for the 
     conduct of a joint foreign counterintelligence investigation.
       ``(g) Rules of Construction.--Nothing in this section shall 
     be construed to prohibit information from being furnished by 
     the Federal Bureau of Investigation pursuant to a subpoena or 
     court order, or in connection with a judicial or 
     administrative proceeding to enforce the provisions of this 
     Act. Nothing in this section shall be construed to authorize 
     or permit the withholding or information from the Congress.
       ``(h) Reports to Congress.--On a semiannual basis, the 
     Attorney General of the United States shall fully inform the 
     Permanent Select Committee on Intelligence and the Committee 
     on Banking and Financial Services of the House of 
     Representatives, and the Select Committee on Intelligence and 
     the Committee on Banking, Housing, and Urban Affairs of the 
     Senate concerning all requests made pursuant to subsections 
     (a), (b), and (c).
       ``(i) Damages.--Any agency or department of the United 
     States obtaining or disclosing any consumer reports, records, 
     or information contained therein in violation of this section 
     is liable to the consumer to whom such consumer reports, 
     records, or information relate in an amount equal to the sum 
     of--
       ``(1) $100, without regard to the volume of consumer 
     reports, records, or information involved;
       ``(2) any actual damages sustained by the consumer as a 
     result of the disclosure;
       ``(3) if the violation is found to have been willful or 
     intentional, such punitive damages as a court may allow; and
       ``(4) in the case of any successful action to enforce 
     liability under this subsection, the costs of the action, 
     together with reasonable attorney fees, as determined by the 
     court.
       ``(j) Disciplinary Actions for Violations.--If a court 
     determines that any agency or department of the United States 
     has violated any provision of this section and the court 
     finds that the circumstances surrounding the violation raise 
     questions of whether or not an officer or employee of the 
     agency or department acted willfully or intentionally with 
     respect to the violation, the agency or department shall 
     promptly initiate a proceeding to determine whether or not 
     disciplinary action is warranted against the officer or 
     employee who was responsible for the violation.
       ``(k) Good-Faith Exception.--Notwithstanding any other 
     provision of this title, any consumer reporting agency or 
     agent or employee thereof making disclosure of consumer 
     reports or identifying information pursuant to this 
     subsection in good-faith reliance upon a certification of the 
     Federal Bureau of Investigation pursuant to provisions of 
     this section shall not be liable to any person for such 
     disclosure under this title, the constitution of any State, 
     or any law or regulation of any State or any political 
     subdivision of any State.
       ``(l) Limitation of Remedies.--Notwithstanding any other 
     provision of this title, the remedies and sanctions set forth 
     in this section shall be the only judicial remedies and 
     sanctions for violation of this section.
       ``(m) Injunctive Relief.--In addition to any other remedy 
     contained in this section, injunctive relief shall be 
     available to require compliance with the procedures of this 
     section. In the event of any successful action under this 
     subsection, costs together with reasonable attorney fees, as 
     determined by the court, may be recovered.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a 
     et seq.) is amended by adding after the item relating to 
     section 623 the following:

``624. Disclosures to FBI for counterintelligence purposes.''.

     SEC. 303. DISCLOSURE OF BUSINESS RECORDS HELD BY THIRD 
                   PARTIES IN FOREIGN COUNTERINTELLIGENCE CASES.

       (a) In General.--Title 18, United States Code, is amended 
     by inserting after chapter 121 the following:

                ``CHAPTER 122--ACCESS TO CERTAIN RECORDS

``Sec.
``2720. Disclosure of business records held by third parties in foreign 
              counterintelligence cases.

     ``Sec. 2720. Disclosure of business records held by third 
       parties in foreign counterintelligence cases

       ``(a)(1) A court or magistrate judge may issue an order ex 
     parte, upon application by the Director of the Federal Bureau 
     of Investigation (or the Director's designee, whose rank 
     shall be no lower than Assistant Special Agent in Charge), 
     directing any common carrier, public accommodation facility, 
     physical storage facility, or vehicle rental facility to 
     furnish any records in its possession to the Federal Bureau 
     of Investigation. The court or magistrate judge shall issue 
     the order if the court or magistrate judge finds that--
       ``(A) such records are necessary for counter-terrorism or 
     foreign counterintelligence purposes; and
       ``(B) there are specific and articulable facts giving 
     reason to believe that the person to whom the records pertain 
     is--
       ``(i) a foreign power; or
       ``(ii) an agent of a foreign power and is engaging or has 
     engaged in international terrorism (as that term is defined 
     in section 101(c) of the Foreign Intelligence Surveillance 
     Act of 1978) or clandestine intelligence activities that 
     involve or may involve a violation of criminal statutes of 
     the United States.
       ``(2) An order issued under this subsection shall not 
     disclose that it is issued for purposes of a 
     counterintelligence investigation.
       ``(b) No common carrier, public accommodation facility, 
     physical storage facility, or vehicle rental facility, or any 
     officer, employee, or agent of such common carrier, public 
     accommodation facility, physical storage facility, or vehicle 
     rental facility, shall disclose to any person, other than 
     those officers, agents, or employees of the common carrier, 
     public accommodation facility, physical storage facility, or 
     vehicle rental facility necessary to fulfill the requirement 
     to disclose the information to the Federal Bureau of 
     Investigation under this section.
       ``(c)(1) The Federal Bureau of Investigation may not 
     disseminate information obtained pursuant to this section 
     outside the Federal Bureau of Investigation, except--
       ``(A) to the Department of Justice or any other law 
     enforcement agency, as may be necessary for the approval or 
     conduct of a foreign counterintelligence investigation; or
       ``(B) where the information concerns a person subject to 
     the Uniform Code of Military Justice, to appropriate 
     investigative authorities within the military department 
     concerned as may be necessary for the conduct of a joint 
     foreign counterintelligence investigation.
       ``(2) Any agency or department of the United States 
     obtaining or disclosing any information in violation of this 
     paragraph shall be liable to any person harmed by the 
     violation in an amount equal to the sum of--
       ``(A) $100 without regard to the volume of information 
     involved;
       ``(B) any actual damages sustained by the person harmed as 
     a result of the violation;
       ``(C) if the violation is willful or intentional, such 
     punitive damages as a court may allow; and
       ``(D) in the case of any successful action to enforce 
     liability under this paragraph, the costs of the action, 
     together with reasonable attorney fees, as determined by the 
     court.
       ``(d) If a court determines that any agency or department 
     of the United States has violated any provision of this 
     section and the court finds that the circumstances 
     surrounding the violation raise questions of whether or not 
     an officer or employee of the agency or department acted 
     willfully or intentionally with respect to the violation, the 
     agency or department shall promptly initiate a proceeding to 
     determine whether or not disciplinary action is warranted 
     against the officer or employee who was responsible for the 
     violation.
       ``(e) As used in this section--
       ``(1) the term `common carrier' means a locomotive, rail 
     carrier, bus carrying passengers, water common carrier, air 
     common carrier, or private commercial interstate carrier for 
     the delivery of packages and other objects;
       ``(2) the term `public accommodation facility' means any 
     inn, hotel, motel, or other establishment that provides 
     lodging to transient guests;
       ``(3) the term `physical storage facility' means any 
     business or entity that provides space for the storage of 
     goods or materials, or services related to the storage of 
     goods or materials, to the public or any segment thereof; and
       ``(4) the term `vehicle rental facility' means any person 
     or entity that provides vehicles for rent, lease, loan, or 
     other similar use, to the public or any segment thereof.''.
       (b) Clerical Amendment.--The table of chapters at the 
     beginning of part I of title 18, United States Code, is 
     amended by inserting after the item relating to chapter 121 
     the following new item:

``122. Access to certain records............................2720''.....

[[Page H14771]]


     SEC. 304. 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) 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. 305. APPLICATION OF STATUTORY EXCLUSIONARY RULE 
                   CONCERNING INTERCEPTED WIRE OR ORAL 
                   COMMUNICATIONS.

       Section 2515 of title 18, United States Code, is amended by 
     adding at the end the following: ``This section shall not 
     apply to the disclosure by the United States in a criminal 
     trial or hearing or before a grand jury of the contents of a 
     wire or oral communication, or evidence derived therefrom, if 
     any law enforcement officers who intercepted the 
     communication or gathered the evidence derived therefrom 
     acted with the reasonably objective belief that their actions 
     were in compliance with this chapter.''.

     SEC. 306. 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. 307. REQUIREMENT FOR PERIODIC REPORT.

       Subsection (6) of section 2518 of title 18, United States 
     Code is amended to read as follows:
       ``(6) Whenever an order authorizing interception is entered 
     under this chapter, the order shall require the attorney for 
     the Government to file a report with the judge who issued the 
     order showing what progress has been made toward achievement 
     of the authorized objective and the need for continued 
     interception. Such report shall be made 15 days after the 
     interception has begun. No other reports shall be made to the 
     judge under this subsection.''.

     SEC. 308. ACCESS TO TELEPHONE BILLING RECORDS.

       (a) Section 2709.--Section 2709(b) of title 18, United 
     States Code, is amended--
       (1) in paragraph (1)(A), by inserting ``local and long 
     distance'' before ``toll billing records'';
       (2) by striking ``and'' at the end of paragraph (1);
       (3) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (4) by adding at the end a new paragraph (3), as follows:
       ``(3) request the name, address, length of service, and 
     local and long distance toll billing records of a person or 
     entity if the Director or the Director's designee (in a 
     position not lower than Deputy Assistant Director) certifies 
     in writing to the wire or electronic communication service 
     provider to which the request is made that the information 
     sought is relevant to an authorized international terrorism 
     investigation (as defined in section 2331 of this title).''.
       (b) Section 2703.--Section 2703(c)(1)(C) of title 18, 
     United States Code, is amended by inserting ``local and long 
     distance'' before ``telephone toll billing records''.
       (c) Civil Remedy.--Section 2707 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by striking ``customer'' and 
     inserting ``any other person'';
       (2) in subsection (c), inserting before the period at the 
     end the following: ``, and if the violation is willful or 
     intentional, such punitive damages as the court may allow, 
     and, in the case of any successful action to enforce 
     liability under this section, the costs of the action, 
     together with reasonable attorney fees, as determined by the 
     court''; and
       (3) by adding at the end the following:
       ``(f) Disciplinary Actions for Violations.--If a court 
     determines that any agency or department of the United States 
     has violated this chapter and the court finds that the 
     circumstances surrounding the violation raise questions of 
     whether or not an officer or employee of the agency or 
     department acted willfully or intentionally with respect to 
     the violation, the agency or department shall promptly 
     initiate a proceeding to determine whether or not 
     disciplinary action is warranted against the officer or 
     employee who was responsible for the violation.''.

     SEC. 309. 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. 310. 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. 311. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

       (a) In General.--Title 18, United States Code, is amended 
     by striking sections 3059 through 3059A and inserting the 
     following:

     ``Sec. 3059. Reward authority of the Attorney General

       ``(a) The Attorney General may pay rewards and receive from 
     any department or agency, funds for the payment of rewards 
     under this section, to any individual who provides any 
     information unknown to the Government leading to the arrest 
     or prosecution of any individual for Federal felony offenses.
       ``(b) If the reward exceeds $100,000, the Attorney General 
     shall give notice of that fact to the Senate and the House of 
     Representatives not later than 30 days before authorizing the 
     payment of the reward.
       ``(c) A determination made by the Attorney General as to 
     whether to authorize an award under this section and as to 
     the amount of any reward authorized shall not be subject to 
     judicial review.
       ``(d) If the Attorney General determines that the identity 
     of the recipient of a reward or of the members of the 
     recipient's immediate family must be protected, the Attorney 
     General may take such measures in connection with the payment 
     of the reward as the Attorney General deems necessary to 
     effect such protection.
       ``(e) No officer or employee of any governmental entity may 
     receive a reward under this section for conduct in 
     performance of his or her official duties.
       ``(f) Any individual (and the immediate family of such 
     individual) who furnishes information which would justify a 
     reward under this section or a reward by the Secretary of 
     State under section 36 of the State Department Basic 
     Authorities Act of 1956 may, in the discretion of the 
     Attorney General, participate in the Attorney General's 
     witness security program under chapter 224 of this title.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 203 of title 18, United States Code, is 
     amended by striking the items relating to section 3059 and 
     3059A and inserting the following new item:

``3059. Reward authority of the Attorney General.''.
       (c) Conforming Amendment.--Section 1751 of title 18, United 
     States Code, is amended by striking subsection (g).

     SEC. 312. 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. 313. 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 

[[Page H14772]]
     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), 
     C2H4(NO3)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), 
     C6H12(NO2)2, molecular weight 176, when 
     the minimum concentration in the finished explosive is 0.1 
     percent by mass;
       ``(3) Para-Mononitrotoluene (p-MNT), 
     C7H7NO2, molecular weight 137, when the 
     minimum concentration in the finished explosive is 0.5 
     percent by mass;
       ``(4) Ortho-Mononitrotoluene (o-MNT), 
     C7H7NO2, 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 10-4 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. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

       (a) In General.--The Immigration and Nationality Act is 
     amended--
       (1) by adding at the end of the table of contents the 
     following:

       ``Title V--Special Removal Procedures for Alien Terrorists

``Sec. 501. Definitions.
``Sec. 502. Establishment of special removal court; panel of attorneys 
              to assist with classified information.
``Sec. 503. Application for initiation of special removal proceeding.
``Sec. 504. Consideration of application.
``Sec. 505. Special removal hearings.
``Sec. 506. Consideration of classified information.
``Sec. 507. Appeals.
``Sec. 508. Detention and custody.'';
     and
       (2) by adding at the end the following new title:
     
[[Page H14773]]


       ``TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS


                             ``definitions

       ``Sec. 501. In this title:
       ``(1) The term `alien terrorist' means an alien described 
     in section 241(a)(4)(B).
       ``(2) The term `classified information' has the meaning 
     given such term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.).
       ``(3) The term `national security' has the meaning given 
     such term in section 1(b) of the Classified Information 
     Procedures Act (18 U.S.C. App.).
       ``(4) The term `special attorney' means an attorney who is 
     on the panel established under section 502(e).
       ``(5) The term `special removal court' means the court 
     established under section 502(a).
       ``(6) The term `special removal hearing' means a hearing 
     under section 505.
       ``(7) The term `special removal proceeding' means a 
     proceeding under this title.


``establishment of special removal court; panel of attorneys to assist 
                      with classified information

       ``Sec. 502. (a) In General.--The Chief Justice of the 
     United States shall publicly designate 5 district court 
     judges from 5 of the United States judicial circuits who 
     shall constitute a court which shall have jurisdiction to 
     conduct all special removal proceedings.
       ``(b) Terms.--Each judge designated under subsection (a) 
     shall serve for a term of 5 years and shall be eligible for 
     redesignation, except that the four associate judges first so 
     designated shall be designated for terms of one, two, three, 
     and four years so that the term of one judge shall expire 
     each year.
       ``(c) Chief Judge.--The Chief Justice shall publicly 
     designate one of the judges of the special removal court to 
     be the chief judge of the court. The chief judge shall 
     promulgate rules to facilitate the functioning of the court 
     and shall be responsible for assigning the consideration of 
     cases to the various judges.
       ``(d) Expeditious and Confidential Nature of Proceedings.--
     The provisions of section 103(c) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to 
     proceedings under this title in the same manner as they apply 
     to proceedings under such Act.
       ``(e) Establishment of Panel of Special Attorneys.--The 
     special removal court shall provide for the designation of a 
     panel of attorneys each of whom--
       ``(1) has a security clearance which affords the attorney 
     access to classified information, and
       ``(2) has agreed to represent permanent resident aliens 
     with respect to classified information under sections 506 and 
     507(c)(2)(B) in accordance with (and subject to the penalties 
     under) this title.


       ``application for initiation of special removal proceeding

       ``Sec. 503. (a) In General.--Whenever the Attorney General 
     has classified information that an alien is an alien 
     terrorist, the Attorney General, in the Attorney General's 
     discretion, may seek removal of the alien under this title 
     through the filing with the special removal court of a 
     written application described in subsection (b) that seeks an 
     order authorizing a special removal proceeding under this 
     title. The application shall be submitted in camera and ex 
     parte and shall be filed under seal with the court.
       ``(b) Contents of Application.--Each application for a 
     special removal proceeding shall include all of the 
     following:
       ``(1) The identity of the Department of Justice attorney 
     making the application.
       ``(2) The approval of the Attorney General or the Deputy 
     Attorney General for the filing of the application based upon 
     a finding by that individual that the application satisfies 
     the criteria and requirements of this title.
       ``(3) The identity of the alien for whom authorization for 
     the special removal proceeding is sought.
       ``(4) A statement of the facts and circumstances relied on 
     by the Department of Justice to establish that--
       ``(A) the alien is an alien terrorist and is physically 
     present in the United States, and
       ``(B) with respect to such alien, adherence to the 
     provisions of title II regarding the deportation of aliens 
     would pose a risk to the national security of the United 
     States.
       ``(5) An oath or affirmation respecting each of the facts 
     and statements described in the previous paragraphs.
       ``(c) Right to Dismiss.--The Department of Justice retains 
     the right to dismiss a removal action under this title at any 
     stage of the proceeding.


                     ``consideration of application

       ``Sec. 504. (a) In General.--In the case of an application 
     under section 503 to the special removal court, a single 
     judge of the court shall be assigned to consider the 
     application. The judge, in accordance with the rules of the 
     court, shall consider the application and may consider other 
     information, including classified information, presented 
     under oath or affirmation. The judge shall consider the 
     application (and any hearing thereof) in camera and ex parte. 
     A verbatim record shall be maintained of any such hearing.
       ``(b) Approval of Order.--The judge shall enter ex parte 
     the order requested in the application if the judge finds, on 
     the basis of such application and such other information (if 
     any), that there is probable cause to believe that--
       ``(1) the alien who is the subject of the application has 
     been correctly identified and is an alien terrorist, and
       ``(2) adherence to the provisions of title II regarding the 
     deportation of the identified alien would pose a risk to the 
     national security of the United States.
       ``(c) Denial of Order.--If the judge denies the order 
     requested in the application, the judge shall prepare a 
     written statement of the judge's reasons for the denial.
       ``(d) Exclusive Provisions.--Whenever an order is issued 
     under this section with respect to an alien--
       ``(1) the alien's rights regarding removal and expulsion 
     shall be governed solely by the provisions of this title, and
       ``(2) except as they are specifically referenced, no other 
     provisions of this Act shall be applicable.


                       ``special removal hearings

       ``Sec. 505. (a) In General.--In any case in which the 
     application for the order is approved under section 504, a 
     special removal hearing shall be conducted under this section 
     for the purpose of determining whether the alien to whom the 
     order pertains should be removed from the United States on 
     the grounds that the alien is an alien terrorist. Consistent 
     with section 506, the alien shall be given reasonable notice 
     of the nature of the charges against the alien and a general 
     account of the basis for the charges. The alien shall be 
     given notice, reasonable under all the circumstances, of the 
     time and place at which the hearing will be held. The hearing 
     shall be held as expeditiously as possible.
       ``(b) Use of Same Judge.--The special removal hearing shall 
     be held before the same judge who granted the order pursuant 
     to section 504 unless that judge is deemed unavailable due to 
     illness or disability by the chief judge of the special 
     removal court, or has died, in which case the chief judge 
     shall assign another judge to conduct the special removal 
     hearing. A decision by the chief judge pursuant to the 
     preceding sentence shall not be subject to review by either 
     the alien or the Department of Justice.
       ``(c) Rights in Hearing.--
       ``(1) Public hearing.--The special removal hearing shall be 
     open to the public.
       ``(2) Right of counsel.--The alien shall have a right to be 
     present at such hearing and to be represented by counsel. Any 
     alien financially unable to obtain counsel shall be entitled 
     to have counsel assigned to represent the alien. Such counsel 
     shall be appointed by the judge pursuant to the plan for 
     furnishing representation for any person financially unable 
     to obtain adequate representation for the district in which 
     the hearing is conducted, as provided for in section 3006A of 
     title 18, United States Code. All provisions of that section 
     shall apply and, for purposes of determining the maximum 
     amount of compensation, the matter shall be treated as if a 
     felony was charged.
       ``(3) Introduction of evidence.--The alien shall have a 
     right to introduce evidence on the alien's own behalf.
       ``(4) Examination of witnesses.--Except as provided in 
     section 506, the alien shall have a reasonable opportunity to 
     examine the evidence against the alien and to cross-examine 
     any witness.
       ``(5) Record.--A verbatim record of the proceedings and of 
     all testimony and evidence offered or produced at such a 
     hearing shall be kept.
       ``(6) Decision based on evidence at hearing.--The decision 
     of the judge in the hearing shall be based only on the 
     evidence introduced at the hearing, including evidence 
     introduced under subsection (e).
       ``(7) No right to ancillary relief.--In the hearing, the 
     judge is not authorized to consider or provide for relief 
     from removal based on any of the following:
       ``(A) Asylum under section 208.
       ``(B) Withholding of deportation under section 243(h).
       ``(C) Suspension of deportation under section 244(a) or 
     244(e).
       ``(D) Adjustment of status under section 245.
       ``(E) Registry under section 249.
       ``(d) Subpoenas.--
       ``(1) Request.--At any time prior to the conclusion of the 
     special removal hearing, either the alien or the Department 
     of Justice may request the judge to issue a subpoena for the 
     presence of a named witness (which subpoena may also command 
     the person to whom it is directed to produce books, papers, 
     documents, or other objects designated therein) upon a 
     satisfactory showing that the presence of the witness is 
     necessary for the determination of any material matter. Such 
     a request may be made ex parte except that the judge shall 
     inform the Department of Justice of any request for a 
     subpoena by the alien for a witness or material if compliance 
     with such a subpoena would reveal evidence or the source of 
     evidence which has been introduced, or which the Department 
     of Justice has received permission to introduce, in camera 
     and ex parte pursuant to subsection (e) and section 506, and 
     the Department of Justice shall be given a reasonable 
     opportunity to oppose the issuance of such a subpoena.
       ``(2) Payment for attendance.--If an application for a 
     subpoena by the alien also makes a showing that the alien is 
     financially unable to pay for the attendance of a witness so 
     requested, the court may order the costs incurred by the 
     process and the fees of the witness so subpoenaed to be paid 
     from funds appropriated for the enforcement of title II.
     
[[Page H14774]]

       ``(3) Nationwide service.--A subpoena under this subsection 
     may be served anywhere in the United States.
       ``(4) Witness fees.--A witness subpoenaed under this 
     subsection shall receive the same fees and expenses as a 
     witness subpoenaed in connection with a civil proceeding in a 
     court of the United States.
       ``(5) No access to classified information.--Nothing in this 
     subsection is intended to allow an alien to have access to 
     classified information.
       ``(e) Introduction of Classified Information.--
       ``(1) In general.--Classified information that has been 
     summarized pursuant to section 506(b) and classified 
     information for which findings described in section 
     506(b)(4)(B) have been made and for which no summary is 
     provided shall be introduced (either in writing or through 
     testimony) in camera and ex parte and neither the alien nor 
     the public shall be informed of such evidence or its sources 
     other than through reference to the summary (if any) provided 
     pursuant to such section. Notwithstanding the previous 
     sentence, the Department of Justice may, in its discretion 
     and after coordination with the originating agency, elect to 
     introduce such evidence in open session.
       ``(2) Treatment of electronic surveillance information.--
       ``(A) Use of electronic surveillance.--The Government is 
     authorized to use in a special removal proceeding the fruits 
     of electronic surveillance and unconsented physical searches 
     authorized under the Foreign Intelligence Surveillance Act of 
     1978 (50 U.S.C. 1801 et seq.) without regard to subsections 
     (c), (e), (f), (g), and (h) of section 106 of that Act.
       ``(B) No discovery of electronic surveillance 
     information.--An alien subject to removal under this title 
     shall have no right of discovery of information derived from 
     electronic surveillance authorized under the Foreign 
     Intelligence Surveillance Act of 1978 or otherwise for 
     national security purposes. Nor shall such alien have the 
     right to seek suppression of evidence.
       ``(C) Certain procedures not applicable.--The provisions 
     and requirements of section 3504 of title 18, United States 
     Code, shall not apply to procedures under this title.
       ``(3) Rights of united states.--Nothing in this section 
     shall prevent the United States from seeking protective 
     orders and from asserting privileges ordinarily available to 
     the United States to protect against the disclosure of 
     classified information, including the invocation of the 
     military and state secrets privileges.
       ``(f) Inclusion of Certain Evidence.--The Federal Rules of 
     Evidence shall not apply to hearings under this section. 
     Evidence introduced at the special removal hearing, either in 
     open session or in camera and ex parte, may, in the 
     discretion of the Department of Justice, include all or part 
     of the information presented under section 504 used to obtain 
     the order for the hearing under this section.
       ``(g) Arguments.--Following the receipt of evidence, the 
     attorneys for the Department of Justice and for the alien 
     shall be given fair opportunity to present argument as to 
     whether the evidence is sufficient to justify the removal of 
     the alien. The attorney for the Department of Justice shall 
     open the argument. The attorney for the alien shall be 
     permitted to reply. The attorney for the Department of 
     Justice shall then be permitted to reply in rebuttal. The 
     judge may allow any part of the argument that refers to 
     evidence received in camera and ex parte to be heard in 
     camera and ex parte.
       ``(h) Burden of Proof.--In the hearing the Department of 
     Justice has the burden of showing by clear and convincing 
     evidence that the alien is subject to removal because the 
     alien is an alien terrorist. If the judge finds that the 
     Department of Justice has met this burden, the judge shall 
     order the alien removed and detained pending removal from the 
     United States. If the alien was released pending the special 
     removal hearing, the judge shall order the Attorney General 
     to take the alien into custody.
       ``(i) Written Order.--At the time of rendering a decision 
     as to whether the alien shall be removed, the judge shall 
     prepare a written order containing a statement of facts found 
     and conclusions of law. Any portion of the order that would 
     reveal the substance or source of information received in 
     camera and ex parte pursuant to subsection (e) shall not be 
     made available to the alien or the public.


               ``consideration of classified information

       ``Sec. 506. (a) Consideration In Camera and Ex Parte.--In 
     any case in which the application for the order authorizing 
     the special procedures of this title is approved, the judge 
     who granted the order shall consider each item of classified 
     information the Department of Justice proposes to introduce 
     in camera and ex parte at the special removal hearing and 
     shall order the introduction of such information pursuant 
     to section 505(e) if the judge determines the information 
     to be relevant.
       ``(b) Preparation and Provision of Written Summary.--
       ``(1) Preparation.--The Department of Justice shall prepare 
     a written summary of such classified information which does 
     not pose a risk to national security.
       ``(2) Conditions for approval by judge and provision to 
     alien.--The judge shall approve the summary so long as the 
     judge finds that the summary is sufficient--
       ``(A) to inform the alien of the general nature of the 
     evidence that the alien is an alien terrorist, and
       ``(B) to permit the alien to prepare a defense against 
     deportation.
     The Department of Justice shall cause to be delivered to the 
     alien a copy of the summary.
       ``(3) Opportunity for correction and resubmittal.--If the 
     judge does not approve the summary, the judge shall provide 
     the Department a reasonable opportunity to correct the 
     deficiencies identified by the court and to submit a revised 
     summary.
       ``(4) Conditions for termination of proceedings if summary 
     not approved.--
       ``(A) In general.--If, subsequent to the opportunity 
     described in paragraph (3), the judge does not approve the 
     summary, the judge shall terminate the special removal 
     hearing unless the judge makes the findings described in 
     subparagraph (B).
       ``(B) Findings.--The findings described in this 
     subparagraph are, with respect to an alien, that--
       ``(i) the continued presence of the alien in the United 
     States, and
       ``(ii) the provision of the required summary,
     would likely cause serious and irreparable harm to the 
     national security or death or serious bodily injury to any 
     person.
       ``(5) Continuation of hearing without summary.--If a judge 
     makes the findings described in paragraph (4)(B)--
       ``(A) if the alien involved is an alien lawfully admitted 
     for permanent residence, the procedures described in 
     subsection (c) shall apply; and
       ``(B) in all cases the special removal hearing shall 
     continue, the Department of Justice shall cause to be 
     delivered to the alien a statement that no summary is 
     possible, and the classified information submitted in camera 
     and ex parte may be used pursuant to section 505(e).
       ``(c) Special Procedures for Access and Challenges to 
     Classified Information by Special Attorneys in Case of Lawful 
     Permanent Aliens.--
       ``(1) In general.--The procedures described in this 
     subsection are that the judge (under rules of the special 
     removal court) shall designate a special attorney (as defined 
     in section 501(4)), (and the alien facing deportation under 
     these procedures, may choose which special attorney shall be 
     so designated, if the alien makes that choice not later than 
     45 days after the date on which the alien receives notice 
     that the Government intends to use such procedures) to assist 
     the alien and the court--
       ``(A) by reviewing in camera the classified information on 
     behalf of the alien, and
       ``(B) by challenging through an in camera proceeding the 
     veracity of the evidence contained in the classified 
     information.
       ``(2) Restrictions on disclosure.--A special attorney 
     receiving classified information under paragraph (1)--
       ``(A) shall not disclosure the information to the alien or 
     to any other attorney representing the alien, and
       ``(B) who discloses such information in violation of 
     subparagraph (A) shall be subject to a fine under title 18, 
     United States Code, and imprisoned for not less than 10 years 
     nor more than 25 years.


                               ``appeals

       ``Sec. 507. (a) Appeals of Denials of Applications for 
     Orders.--The Department of Justice may seek a review of the 
     denial of an order sought in an application by the United 
     States Court of Appeals for the District of Columbia Circuit 
     by notice of appeal which must be filed within 20 days after 
     the date of such denial. In such a case the entire record of 
     the proceeding shall be transmitted to the Court of Appeals 
     under seal and the Court of Appeals shall hear the matter ex 
     parte. In such a case the Court of Appeals shall review 
     questions of law de novo, but a prior finding on any question 
     of fact shall not be set aside unless such finding was 
     clearly erroneous.
       ``(b) Appeals of Determinations About Summaries of 
     Classified Information.--Either party may take an 
     interlocutory appeal to the United States Court of Appeals 
     for the District of Columbia Circuit of--
       ``(1) any determination by the judge pursuant to section 
     506(a)--
       ``(A) concerning whether an item of evidence may be 
     introduced in camera and ex parte, or
       ``(B) concerning the contents of any summary of evidence to 
     be introduced in camera and ex parte prepared pursuant to 
     section 506(b); or
       ``(2) the refusal of the court to make the findings 
     permitted by section 506(b)(4)(B).
     In any interlocutory appeal taken pursuant to this 
     subsection, the entire record, including any proposed order 
     of the judge or summary of evidence, shall be transmitted to 
     the Court of Appeals under seal and the matter shall be heard 
     ex parte.
       ``(c) Appeals of Decision in Hearing.--
       ``(1) In general.--Subject to paragraph (2), the decision 
     of the judge after a special removal hearing may be appealed 
     by either the alien or the Department of Justice to the 
     United States Court of Appeals for the District of Columbia 
     Circuit by notice of appeal.
       ``(2) Automatic appeals in cases of permanent resident 
     aliens in which no summary provided.--
       ``(A) In general.--Unless the alien waives the right to a 
     review under this paragraph, 

[[Page H14775]]
     in any case involving an alien lawfully admitted for permanent 
     residence who is denied a written summary of classified 
     information under section 506(b)(4) and with respect to which 
     the procedures described in section 506(c) apply, any order 
     issued by the judge shall be reviewed by the Court of Appeals 
     for the District of Columbia Circuit.
       ``(B) Use of special attorney.--With respect to any issue 
     relating to classified information that arises in such 
     review, the alien shall be represented only by the special 
     attorney designated under section 506(c)(1) on behalf of the 
     alien.
       ``(d) General Provisions Relating to Appeals.--
       ``(1) Notice.--A notice of appeal pursuant to subsection 
     (b) or (c) (other than under subsection (c)(2)) must be filed 
     within 20 days after the date of the order with respect to 
     which the appeal is sought, during which time the order shall 
     not be executed.
       ``(2) Transmittal of record.--In an appeal or review to the 
     Court of Appeals pursuant to subsection (b) or (c)--
       ``(A) the entire record shall be transmitted to the Court 
     of Appeals, and
       ``(B) information received pursuant to section 505(e), and 
     any portion of the judge's order that would reveal the 
     substance or source of such information, shall be transmitted 
     under seal.
       ``(3) Expedited appellate proceeding.--In an appeal or 
     review to the Court of Appeals pursuant to subsection (b) or 
     (c):
       ``(A) Review.--The appeal or review shall be heard as 
     expeditiously as practicable and the Court may dispense with 
     full briefing and hear the matter solely on the record of the 
     judge of the special removal court and on such briefs or 
     motions as the Court may require to be filed by the parties.
       ``(B) Disposition.--The Court shall uphold or reverse the 
     judge's order within 60 days after the date of the issuance 
     of the judge's final order.
       ``(4) Standard for review.--In an appeal or review to the 
     Court of Appeals pursuant to subsection (b) or (c):
       ``(A) Questions of law.--The Court of Appeals shall review 
     all questions of law de novo.
       ``(B) Questions of fact.--(i) Subject to clause (ii), a 
     prior finding on any question of fact shall not be set aside 
     unless such finding was clearly erroneous.
       ``(ii) In the case of a review under subsection (c)(2) in 
     which an alien lawfully admitted for permanent residence was 
     denied a written summary of classified information under 
     section 506(b)(4), the Court of Appeals shall review 
     questions of fact de novo.
       ``(e) Certiorari.--Following a decision by the Court of 
     Appeals pursuant to subsection (b) or (c), either the alien 
     or the Department of Justice may petition the Supreme Court 
     for a writ of certiorari. In any such case, any information 
     transmitted to the Court of Appeals under seal shall, if such 
     information is also submitted to the Supreme Court, be 
     transmitted under seal. Any order of removal shall not be 
     stayed pending disposition of a writ of certiorari except as 
     provided by the Court of Appeals or a Justice of the Supreme 
     Court.
       ``(f) Appeals of Detention Orders.--
       ``(1) In general.-- The provisions of sections 3145 through 
     3148 of title 18, United States Code, pertaining to review 
     and appeal of a release or detention order, penalties for 
     failure to appear, penalties for an offense committed while 
     on release, and sanctions for violation of a release 
     condition shall apply to an alien to whom section 508(b)(1) 
     applies. In applying the previous sentence--
       ``(A) for purposes of section 3145 of such title an appeal 
     shall be taken to the United States Court of Appeals for the 
     District of Columbia Circuit, and
       ``(B) for purposes of section 3146 of such title the alien 
     shall be considered released in connection with a charge of 
     an offense punishable by life imprisonment.
       ``(2) No review of continued detention.--The determinations 
     and actions of the Attorney General pursuant to section 
     508(c)(2)(C) shall not be subject to judicial review, 
     including application for a writ of habeas corpus, except for 
     a claim by the alien that continued detention violates the 
     alien's rights under the Constitution. Jurisdiction over any 
     such challenge shall lie exclusively in the United States 
     Court of Appeals for the District of Columbia Circuit.


                        ``detention and custody

       ``Sec. 508. (a) Initial Custody.--
       ``(1) Upon filing application.--Subject to paragraphs (2) 
     and (3), the Attorney General may take into custody any alien 
     with respect to whom an application under section 503 has 
     been filed and, notwithstanding any other provision of law, 
     may retain such an alien in custody in accordance with the 
     procedures authorized by this title.
       ``(2) Special rules for permanent resident aliens.--An 
     alien lawfully admitted for permanent residence shall be 
     entitled to a release hearing before the judge assigned to 
     hear the special removal hearing. Such an alien shall be 
     detained pending the special removal hearing, unless the 
     alien demonstrates to the court that--
       ``(A) the alien, if released upon such terms and conditions 
     as the court may prescribe (including the posting of any 
     monetary amount), is not likely to flee, and
       ``(B) the alien's release will not endanger national 
     security or the safety of any person or the community.
     The judge may consider classified information submitted in 
     camera and ex parte in making a determination under this 
     paragraph.
       ``(3) Release if order denied and no review sought.--
       ``(A) In general.--Subject to subparagraph (B), if a judge 
     of the special removal court denies the order sought in an 
     application with respect to an alien and the Department of 
     Justice does not seek review of such denial, the alien shall 
     be released from custody.
       ``(B) Application of regular procedures.--Subparagraph (A) 
     shall not prevent the arrest and detention of the alien 
     pursuant to title II.
       ``(b) Conditional Release if Order Denied and Review 
     Sought.--
       ``(1) In general.--If a judge of the special removal court 
     denies the order sought in an application with respect to an 
     alien and the Department of Justice seeks review of such 
     denial, the judge shall release the alien from custody 
     subject to the least restrictive condition or combination of 
     conditions of release described in section 3142(b) and 
     clauses (i) through (xiv) of section 3142(c)(1)(B) of title 
     18, United States Code, that will reasonably assure the 
     appearance of the alien at any future proceeding pursuant to 
     this title and will not endanger the safety of any other 
     person or the community.
       ``(2) No release for certain aliens.--If the judge finds no 
     such condition or combination of conditions, the alien shall 
     remain in custody until the completion of any appeal 
     authorized by this title.
       ``(c) Custody and Release After Hearing.--
       ``(1) Release.--
       ``(A) In general.--Subject to subparagraph (B), if the 
     judge decides pursuant to section 505(i) that an alien should 
     not be removed, the alien shall be released from custody.
       ``(B) Custody pending appeal.--If the Attorney General 
     takes an appeal from such decision, the alien shall remain in 
     custody, subject to the provisions of section 3142 of title 
     18, United States Code.
       ``(2) Custody and removal.--
       ``(A) Custody.--If the judge decides pursuant to section 
     505(i) that an alien shall be removed, the alien shall be 
     detained pending the outcome of any appeal. After the 
     conclusion of any judicial review thereof which affirms the 
     removal order, the Attorney General shall retain the alien in 
     custody and remove the alien to a country specified under 
     subparagraph (B).
       ``(B) Removal.--
       ``(i) In general.--The removal of an alien shall be to any 
     country which the alien shall designate if such designation 
     does not, in the judgment of the Attorney General, in 
     consultation with the Secretary of State, impair the 
     obligation of the United States under any treaty (including a 
     treaty pertaining to extradition) or otherwise adversely 
     affect the foreign policy of the United States.
       ``(ii) Alternate countries.--If the alien refuses to 
     designate a country to which the alien wishes to be removed 
     or if the Attorney General, in consultation with the 
     Secretary of State, determines that removal of the alien to 
     the country so designated would impair a treaty obligation or 
     adversely affect United States foreign policy, the Attorney 
     General shall cause the alien to be removed to any country 
     willing to receive such alien.
       ``(C) Continued detention.--If no country is willing to 
     receive such an alien, the Attorney General may, 
     notwithstanding any other provision of law, retain the alien 
     in custody. The Attorney General, in coordination with the 
     Secretary of State, shall make periodic efforts to reach 
     agreement with other countries to accept such an alien and at 
     least every 6 months shall provide to the attorney 
     representing the alien at the special removal hearing a 
     written report on the Attorney General's efforts. Any alien 
     in custody pursuant to this subparagraph shall be released 
     from custody solely at the discretion of the Attorney General 
     and subject to such conditions as the Attorney General shall 
     deem appropriate.
       ``(D) Fingerprinting.--Before an alien is transported out 
     of the United States pursuant to this subsection, or pursuant 
     to an order of exclusion because such alien is excludable 
     under section 212(a)(3)(B), the alien shall be photographed 
     and fingerprinted, and shall be advised of the provisions of 
     section 276(b).
       ``(d) Continued Detention Pending Trial.--
       ``(1) Delay in removal.--Notwithstanding the provisions of 
     subsection (c)(2), the Attorney General may hold in abeyance 
     the removal of an alien who has been ordered removed pursuant 
     to this title to allow the trial of such alien on any Federal 
     or State criminal charge and the service of any sentence of 
     confinement resulting from such a trial.
       ``(2) Maintenance of custody.--Pending the commencement of 
     any service of a sentence of confinement by an alien 
     described in paragraph (1), such an alien shall remain in the 
     custody of the Attorney General, unless the Attorney General 
     determines that temporary release of the alien to the custody 
     of State authorities for confinement in a State facility is 
     appropriate and would not endanger national security or 
     public safety.
       ``(3) Subsequent removal.--Following the completion of a 
     sentence of confinement by an alien described in paragraph 
     (1) or following the completion of State criminal proceedings 
     which do not result in a sentence of 

[[Page H14776]]
     confinement of an alien released to the custody of State authorities 
     pursuant to paragraph (2), such an alien shall be returned to 
     the custody of the Attorney General who shall proceed to 
     carry out the provisions of subsection (c)(2) concerning 
     removal of the alien.
       ``(e) Application of Certain Provisions Relating to Escape 
     of Prisoners.--For purposes of sections 751 and 752 of title 
     18, United States Code, an alien in the custody of the 
     Attorney General pursuant to this title shall be subject to 
     the penalties provided by those sections in relation to a 
     person committed to the custody of the Attorney General by 
     virtue of an arrest on a charge of a felony.
       ``(f) Rights of Aliens in Custody.--
       ``(1) Family and attorney visits.--An alien in the custody 
     of the Attorney General pursuant to this title shall be given 
     reasonable opportunity to communicate with and receive visits 
     from members of the alien's family, and to contact, retain, 
     and communicate with an attorney.
       ``(2) Diplomatic contact.--An alien in the custody of the 
     Attorney General pursuant to this title shall have the right 
     to contact an appropriate diplomatic or consular official of 
     the alien's country of citizenship or nationality or of any 
     country providing representation services therefore. The 
     Attorney General shall notify the appropriate embassy, 
     mission, or consular office of the alien's detention.''.
       (b) Jurisdiction Over Exclusion Orders for Alien 
     Terrorists.--Section 106(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1105a(b)) is amended by adding at 
     the end the following sentence: ``Jurisdiction to review an 
     order entered pursuant to the provisions of section 235(c) 
     concerning an alien excludable under section 212(a)(3)(B) 
     shall rest exclusively in the United States Court of Appeals 
     for the District of Columbia Circuit.''.
       (c) Criminal Penalty for Reentry of Alien Terrorists.--
     Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended--
       (1) by striking ``or'' at the end of paragraph (1),
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or'', and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) who has been excluded from the United States pursuant 
     to section 235(c) because the alien was excludable under 
     section 212(a)(3)(B) or who has been removed from the United 
     States pursuant to the provisions of title V, and who 
     thereafter, without the permission of the Attorney General, 
     enters the United States or attempts to do so shall be fined 
     under title 18, United States Code, and imprisoned for a 
     period of 10 years, which sentence shall not run concurrently 
     with any other sentence.''.
       (d) Elimination of Custody Review by Habeas Corpus.--
     Section 106(a) of such Act (8 U.S.C. 1105a(a)) is amended--
       (1) by adding ``and'' at the end of paragraph (8),
       (2) by striking ``; and'' at the end of paragraph (9) and 
     inserting a period, and
       (3) by striking paragraph (10).
       (e) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to all aliens without regard to the date of 
     entry or attempted entry into the United States.

     SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF ALIEN 
                   TERRORISTS.

       In addition to amounts otherwise appropriated, there are 
     authorized to be appropriated for each fiscal year (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. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND FOR 
                   EXCLUSION.

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

       ``(III) is a representative of a terrorist organization, or
       ``(IV) is a member of a terrorist organization which the 
     alien knows or should have known is a terrorist 
     organization,''; and

       (2) by adding at the end the following:
       ``(iv) Terrorist organization defined.--

       ``(I) Designation.--For purposes of this Act, the term 
     `terrorist organization' means a foreign organization 
     designated in the Federal Register as a terrorist 
     organization by the Secretary of State, in consultation with 
     the Attorney General, based upon a finding that the 
     organization engages in, or has engaged in, terrorist 
     activity that threatens the national security of the United 
     States.
       ``(II) Process.--At least 3 days before designating an 
     organization as a terrorist organization through publication 
     in the Federal Register, the Secretary of State, in 
     consultation with the Attorney General, shall notify the 
     Committees on the Judiciary of the House of Representatives 
     and the Senate of the intent to make such designation and the 
     findings and basis for designation. The Secretary of State, 
     in consultation with the Attorney General, shall create an 
     administrative record and may use classified information in 
     making such a designation. Such information is not subject to 
     disclosure so long as it remains classified, except that it 
     may be disclosed to a court ex parte and in camera under 
     subclause (III) for purposes of judicial review of such a 
     designation. The Secretary of State, in consultation with the 
     Attorney General, shall provide notice and an opportunity for 
     public comment prior to the creation of the administrative 
     record under this subclause.

       ``(III) Judicial review.--Any organization designated as a 
     terrorist organization under the preceding provisions of this 
     clause may, not later than 30 days after the date of the 
     designation, seek judicial review thereof in the United 
     States Court of Appeals for the District of Columbia Circuit. 
     Such review shall be based solely upon the administrative 
     record, except that the Government may submit, for ex parte 
     and in camera review, classified information considered in 
     making the designation. The court shall hold unlawful and set 
     aside the designation if the court finds the designation to 
     be arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law, lacking substantial 
     support in the administrative record taken as a whole or in 
     classified information submitted to the court under the 
     previous sentence, contrary to constitutional right, power, 
     privilege, or immunity, or not in accord with the procedures 
     required by law.
       ``(IV) Congressional authority to remove designation.--The 
     Congress reserves the authority to remove, by law, the 
     designation of an organization as a terrorist organization 
     for purposes of this Act.

       ``(V) Sunset.--Subject to subclause (IV), the designation 
     under this clause of an organization as a terrorist 
     organization shall be effective for a period of 2 years from 
     the date of the initial publication of the terrorist 
     organization designation by the Secretary of State. At the 
     end of such period (but no sooner than 60 days prior to the 
     termination of the 2-year-designation period), the Secretary 
     of State, in consultation with the Attorney General, may 
     redesignate the organization in conformity with the 
     requirements of this clause for designation of the 
     organization.
       ``(VI) Other authority to remove designation.--The 
     Secretary of State, in consultation with the Attorney 
     General, may remove the terrorist organization designation 
     from any organization previously designated as such an 
     organization, at any time, so long as the Secretary publishes 
     notice of the removal in the Federal Register. The Secretary 
     is not required to report to Congress prior to so removing 
     such designation.

       ``(v) Representative defined.--In this subparagraph, the 
     term `representative' includes an officer, official, or 
     spokesman of the organization and any person who directs, 
     counsels, commands or induces the organization or its members 
     to engage in terrorist activity. The determination by the 
     Secretary of State or the Attorney General that an alien is a 
     representative of a terrorist organization shall be subject 
     to judicial review.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

       (a) In General.--Section 208(a) of the 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. 613. 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:
     
[[Page H14777]]

       ``(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 


[[Page H14778]]
     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 

[[Page H14779]]
     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. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF 
                   INCARCERATING ILLEGAL ALIENS.

       Amounts appropriated to carry out section 501 of the 
     Immigration Reform and Control Act of 1986 for fiscal year 
     1995 shall be available to carry out section 242(j) of the 
     Immigration and Nationality Act in that fiscal year with 
     respect to undocumented criminal aliens incarcerated under 
     the authority of political subdivisions of a State.

     SEC. 671. MISCELLANEOUS PROVISIONS.

       (a) Use of Electronic and Telephonic Media in Deportation 
     Hearings.--The second sentence of section 242(b) of the 
     Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended 
     by inserting before the period the following: ``; except that 
     nothing in this subsection 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. 672. 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. 673. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

       (a) Report to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, the Secretary of State and 
     the Attorney General shall submit to the 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. 674. 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 

[[Page H14780]]
     this Act, the Attorney General shall compile and submit to the Congress 
     a report which assesses the nature and extent of the problem 
     of bringing to justice aliens who flee prosecution for crimes 
     in the United States.

     SEC. 675. PRISONER TRANSFER TREATIES.

       (a) Negotiation.--Congress advises the President to begin 
     to negotiate and renegotiate, not later than 90 days after 
     the date of the enactment of this Act, bilateral prisoner 
     transfer treaties. The focus of such negotiations shall be to 
     expedite the transfer of aliens unlawfully in the United 
     States who are incarcerated in United States prisons, to 
     ensure that a transferred prisoner serves the balance of the 
     sentence imposed by the United States courts, and to 
     eliminate any requirement of prisoner 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. 676. INTERIOR REPATRIATION PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Attorney General and the Commissioner of Immigration 
     and Naturalization shall develop and 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. 677. 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.''.
                  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.
                       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--
       ``(A) an action under this paragraph shall not be 
     instituted unless the claimant first affords the foreign 
     state a reasonable opportunity to arbitrate the claim in 
     accordance with accepted international rules of arbitration;
       ``(B) an action under this paragraph shall not be 
     maintained unless the act upon which the claim is based 
     occurred while the individual bringing the claim was a 
     national of the United States (as that term is defined in 
     section 101(a)(22) of the Immigration and Nationality Act); 
     and
       ``(C) the court shall decline to hear a claim under this 
     paragraph if the foreign state against whom the claim has 
     been brought 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 new subsection:
       ``(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.''.
       (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.''.
     
[[Page H14781]]

       (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.
     
[[Page H14782]]

       ``(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. AUTHORITY FOR 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.
                     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 

[[Page H14783]]
     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 

[[Page H14784]]
     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 

[[Page H14785]]
     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.

                               H.R. 1745

                         Offered By: Mr. Schiff

       Amendment No. 2: Page 19, after line 14 (after subsection 
     (j) of section 3), add the following:
       (k) Search and Rescue.--The Secretary of the Interior shall 
     permit any Federal agency, element of the Armed Forces 
     (including the reserve components thereof), the National 
     Guard, and any State or local agency to use mechanized 
     vehicles and equipment, aircraft, and other form of 
     mechanical transport for purposes of search and rescue within 
     any area designated by this Act as wilderness.