[Congressional Record Volume 142, Number 47 (Monday, April 15, 1996)]
[House]
[Pages H3305-H3338]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CONFERENCE REPORT ON S. 735, TERRORISM PERVENTION ACT

  Mr. HYDE submitted the following conference report and statement on 
the Senate bill (S. 735) to prevent and punish acts of terrorism, and 
for other purposes:

                  Conference Report (H. Rept. 104-518)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendments of the House to the bill (S. 
     735), to prevent and punish acts of terrorism, and for other 
     purposes, having met, after full and free conference, have 
     agreed to recommend and do recommend to their respective 
     Houses as follows:
       That the Senate recede from its disagreement to the 
     amendment of the House to the text of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the House 
     amendment, insert the following:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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

                     TITLE I--HABEAS CORPUS REFORM

Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.

                     TITLE II--JUSTICE FOR VICTIMS

                Subtitle A--Mandatory Victim Restitution

Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.

     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

Sec. 221. Jurisdiction for lawsuits against terrorist states.

             Subtitle C--Assistance to Victims of Terrorism

Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of 
              crime.
Sec. 236. Technical correction.

            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

     Subtitle A--Prohibition on International Terrorist Fundraising

Sec. 301. Findings and purpose.

[[Page H3306]]

Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.

       Subtitle B--Prohibition on Assistance to Terrorist States

Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist 
              states.
Sec. 326. Prohibition on assistance to countries that provide military 
              equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial 
              institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for 
              countries not cooperating fully with United States 
              antiterrorism efforts.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                Subtitle A--Removal of Alien Terrorists

Sec. 401. Alien terrorist removal.

   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                             Organizations

Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application 
              for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.

             Subtitle C--Modification to Asylum Procedures

Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.

           Subtitle D--Criminal Alien Procedural Improvements

Sec. 431. Restricting the defense to exclusion based on 7 years 
              permanent residence for certain criminal aliens.
Sec. 432. Access to certain confidential immigration and naturalization 
              files through court order.
Sec. 433. Criminal alien identification system.
Sec. 434. Establishing certain alien smuggling-related crimes as RICO-
              predicate offenses.
Sec. 435. Authority for alien smuggling investigations.
Sec. 436. Expansion of criteria for deportation for crimes of moral 
              turpitude.
Sec. 437. Miscellaneous provisions.
Sec. 438. Interior repatriation program.
Sec. 439. Deportation of nonviolent offenders prior to completion of 
              sentence of imprisonment.
Sec. 440. Authorizing State and local law enforcement officials to 
              arrest and detain certain illegal aliens.
Sec. 441. Criminal alien removal.
Sec. 442. Limitation on collateral attacks on underlying deportation 
              order.
Sec. 443. Deportation procedures for certain criminal aliens who are 
              not permanent residents.
Sec. 444. Extradition of aliens.

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

                     Subtitle A--Nuclear Materials

Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear 
              materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from 
              armories.

              Subtitle B--Biological Weapons Restrictions

Sec. 511. Enhanced penalties and control of biological agents.

               Subtitle C--Chemical Weapons Restrictions

Sec. 521. Chemical weapons of mass destruction; study of facility for 
              training and evaluation of personnel who respond to use 
              of chemical or biological weapons in urban and suburban 
              areas.

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

Sec. 601. Findings and purposes.
Sec. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.

       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of 
              property within special maritime and territorial 
              jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material 
              knowing that it will be used to commit a crime of 
              violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the 
              dissemination of bomb-making instructional materials.

                    Subtitle B--Criminal Procedures

Sec. 721. Clarification and extension of criminal jurisdiction over 
              certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism 
              offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction 
              statute.
Sec. 726. Addition of terrorism offenses to the money laundering 
              statute.
Sec. 727. Protection of Federal employees; protection of current or 
              former officials, officers, or employees of the United 
              States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive 
              materials.

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of 
              Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal 
              interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States 
              currency.
Sec. 808. Compilation of statistics relating to intimidation of 
              Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers 
              from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.

         Subtitle B--Funding Authorizations for Law Enforcement

Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive 
              detection devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism 
              technologies.
Sec. 822. Grants to State and local law enforcement for training and 
              equipment.
Sec. 823. Funding source.

                        TITLE IX--MISCELLANEOUS

Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
Sec. 904. Severability.
                     TITLE I--HABEAS CORPUS REFORM

     SEC. 101. FILING DEADLINES.

       Section 2244 of title 28, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(d)(1) A 1-year period of limitation shall apply to an 
     application for a writ of habeas corpus by a person in 
     custody pursuant to the judgment of a State court. The 
     limitation period shall run from the latest of--
       ``(A) the date on which the judgment became final by the 
     conclusion of direct review or the expiration of the time for 
     seeking such review;
       ``(B) the date on which the impediment to filing an 
     application created by State action in violation of the 
     Constitution or laws of the United States is removed, if the 
     applicant was prevented from filing by such State action;
       ``(C) the date on which the constitutional right asserted 
     was initially recognized by the Supreme Court, if the right 
     has been newly recognized by the Supreme Court and made 
     retroactively applicable to cases on collateral review; or
       ``(D) the date on which the factual predicate of the claim 
     or claims presented could have been discovered through the 
     exercise of due diligence.
       ``(2) The time during which a properly filed application 
     for State post-conviction or other collateral review with 
     respect to the pertinent judgment or claim is pending shall 
     not be counted toward any period of limitation under this 
     subsection.''.

     SEC. 102. APPEAL.

       Section 2253 of title 28, United States Code, is amended to 
     read as follows:

     ``Sec. 2253. Appeal

       ``(a) In a habeas corpus proceeding or a proceeding under 
     section 2255 before a district judge, the final order shall 
     be subject to review, on appeal, by the court of appeals for 
     the circuit in which the proceeding is held.
       ``(b) There shall be no right of appeal from a final order 
     in a proceeding to test the validity of a warrant to remove 
     to another district or place for commitment or trial a person 
     charged with a criminal offense against the United States, or 
     to

[[Page H3307]]

     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. 103. 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. 104. SECTION 2254 AMENDMENTS.

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

     SEC. 105. SECTION 2255 AMENDMENTS.

       Section 2255 of title 28, United States Code, is amended--
       (1) by striking the second and fifth undesignated 
     paragraphs; and
       (2) by adding at the end the following new undesignated 
     paragraphs:
       ``A 1-year period of limitation shall apply to a motion 
     under this section. The limitation period shall run from the 
     latest of--
       ``(1) the date on which the judgment of conviction becomes 
     final;
       ``(2) the date on which the impediment to making a motion 
     created by governmental action in violation of the 
     Constitution or laws of the United States is removed, if the 
     movant was prevented from making a motion by such 
     governmental action;
       ``(3) the date on which the right asserted was initially 
     recognized by the Supreme Court, if that right has been newly 
     recognized by the Supreme Court and made retroactively 
     applicable to cases on collateral review; or
       ``(4) the date on which the facts supporting the claim or 
     claims presented could have been discovered through the 
     exercise of due diligence.
       ``Except as provided in section 408 of the Controlled 
     Substances Act, in all proceedings brought under this 
     section, and any subsequent proceedings on review, the court 
     may appoint counsel, except as provided by a rule promulgated 
     by the Supreme Court pursuant to statutory authority. 
     Appointment of counsel under this section shall be governed 
     by section 3006A of title 18.
       ``A second or successive motion must be certified as 
     provided in section 2244 by a panel of the appropriate court 
     of appeals to contain--
       ``(1) newly discovered evidence that, if proven and viewed 
     in light of the evidence as a whole, would be sufficient to 
     establish by clear and convincing evidence that no reasonable 
     factfinder would have found the movant guilty of the offense; 
     or
       ``(2) a new rule of constitutional law, made retroactive to 
     cases on collateral review by the Supreme Court, that was 
     previously unavailable.''.

     SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

       (a) Conforming Amendment to Section 2244(a).--Section 
     2244(a) of title 28, United States Code, is amended by 
     striking ``and the petition'' and all that follows through 
     ``by such inquiry.'' and inserting ``, except as provided in 
     section 2255.''.
       (b) Limits on Second or Successive Applications.--Section 
     2244(b) of title 28, United States Code, is amended to read 
     as follows:
       ``(b)(1) A claim presented in a second or successive habeas 
     corpus application under section 2254 that was presented in a 
     prior application shall be dismissed.
       ``(2) A claim presented in a second or successive habeas 
     corpus application under section 2254 that was not presented 
     in a prior application shall be dismissed unless--
       ``(A) the applicant shows that the claim relies on a new 
     rule of constitutional law, made retroactive to cases on 
     collateral review by the Supreme Court, that was previously 
     unavailable; or
       ``(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.''.

[[Page H3308]]

     SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.

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

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

``Sec.
``2261. Prisoners in State custody subject to capital sentence; 
              appointment of counsel; requirement of rule of court or 
              statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of 
              execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling 
              rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.

     ``Sec. 2261. Prisoners in State custody subject to capital 
       sentence; appointment of counsel; requirement of rule of 
       court or statute; procedures for appointment

       ``(a) This chapter shall apply to cases arising under 
     section 2254 brought by prisoners in State custody who are 
     subject to a capital sentence. It shall apply only if the 
     provisions of subsections (b) and (c) are satisfied.
       ``(b) This chapter is applicable if a State establishes by 
     statute, rule of its court of last resort, or by another 
     agency authorized by State law, a mechanism for the 
     appointment, compensation, and payment of reasonable 
     litigation expenses of competent counsel in State post-
     conviction proceedings brought by indigent prisoners whose 
     capital convictions and sentences have been upheld on direct 
     appeal to the court of last resort in the State or have 
     otherwise become final for State law purposes. The rule of 
     court or statute must provide standards of competency for the 
     appointment of such counsel.
       ``(c) Any mechanism for the appointment, compensation, and 
     reimbursement of counsel as provided in subsection (b) must 
     offer counsel to all State prisoners under capital sentence 
     and must provide for the entry of an order by a court of 
     record--
       ``(1) appointing one or more counsels to represent the 
     prisoner upon a finding that the prisoner is indigent and 
     accepted the offer or is unable competently to decide whether 
     to accept or reject the offer;
       ``(2) finding, after a hearing if necessary, that the 
     prisoner rejected the offer of counsel and made the decision 
     with an understanding of its legal consequences; or
       ``(3) denying the appointment of counsel upon a finding 
     that the prisoner is not indigent.
       ``(d) No counsel appointed pursuant to subsections (b) and 
     (c) to represent a State prisoner under capital sentence 
     shall have previously represented the prisoner at trial or on 
     direct appeal in the case for which the appointment is made 
     unless the prisoner and counsel expressly request continued 
     representation.
       ``(e) The ineffectiveness or incompetence of counsel during 
     State or Federal post-conviction proceedings in a capital 
     case shall not be a ground for relief in a proceeding arising 
     under section 2254. This limitation shall not preclude the 
     appointment of different counsel, on the court's own motion 
     or at the request of the prisoner, at any phase of State or 
     Federal post-conviction proceedings on the basis of the 
     ineffectiveness or incompetence of counsel in such 
     proceedings.

     ``Sec. 2262. Mandatory stay of execution; duration; limits on 
       stays of execution; successive petitions

       ``(a) Upon the entry in the appropriate State court of 
     record of an order under section 2261(c), a warrant or order 
     setting an execution date for a State prisoner shall be 
     stayed upon application to any court that would have 
     jurisdiction over any proceedings filed under section 2254. 
     The application shall recite that the State has invoked the 
     post-conviction review procedures of this chapter and that 
     the scheduled execution is subject to stay.
       ``(b) A stay of execution granted pursuant to subsection 
     (a) shall expire if--
       ``(1) a State prisoner fails to file a habeas corpus 
     application under section 2254 within the time required in 
     section 2263;
       ``(2) before a court of competent jurisdiction, in the 
     presence of counsel, unless the prisoner has competently and 
     knowingly waived such counsel, and after having been advised 
     of the consequences, a State prisoner under capital sentence 
     waives the right to pursue habeas corpus review under section 
     2254; or
       ``(3) a State prisoner files a habeas corpus petition under 
     section 2254 within the time required by section 2263 and 
     fails to make a substantial showing of the denial of a 
     Federal right or is denied relief in the district court or at 
     any subsequent stage of review.
       ``(c) If one of the conditions in subsection (b) has 
     occurred, no Federal court thereafter shall have the 
     authority to enter a stay of execution in the case, unless 
     the court of appeals approves the filing of a second or 
     successive application under section 2244(b).

     ``Sec. 2263. Filing of habeas corpus application; time 
       requirements; tolling rules

       ``(a) Any application under this chapter for habeas corpus 
     relief under section 2254 must be filed in the appropriate 
     district court not later than 180 days after final State 
     court affirmance of the conviction and sentence on direct 
     review or the expiration of the time for seeking such review.
       ``(b) The time requirements established by subsection (a) 
     shall be tolled--
       ``(1) from the date that a petition for certiorari is filed 
     in the Supreme Court until the date of final disposition of 
     the petition if a State prisoner files the petition to secure 
     review by the Supreme Court of the affirmance of a capital 
     sentence on direct review by the court of last resort of the 
     State or other final State court decision on direct review;
       ``(2) from the date on which the first petition for post-
     conviction review or other collateral relief is filed until 
     the final State court disposition of such petition; and
       ``(3) during an additional period not to exceed 30 days, 
     if--
       ``(A) a motion for an extension of time is filed in the 
     Federal district court that would have jurisdiction over the 
     case upon the filing of a habeas corpus application under 
     section 2254; and
       ``(B) a showing of good cause is made for the failure to 
     file the habeas corpus application within the time period 
     established by this section.

     ``Sec. 2264. Scope of Federal review; district court 
       adjudications

       ``(a) Whenever a State prisoner under capital sentence 
     files a petition for habeas corpus relief to which this 
     chapter applies, the district court shall only consider a 
     claim or claims that have been raised and decided on the 
     merits in the State courts, unless the failure to raise the 
     claim properly is--
       ``(1) the result of State action in violation of the 
     Constitution or laws of the United States;
       ``(2) the result of the Supreme Court's recognition of a 
     new Federal right that is made retroactively applicable; or
       ``(3) based on a factual predicate that could not have been 
     discovered through the exercise of due diligence in time to 
     present the claim for State or Federal post-conviction 
     review.
       ``(b) Following review subject to subsections (a), (d), and 
     (e) of section 2254, the court shall rule on the claims 
     properly before it.

     ``Sec. 2265. Application to State unitary review procedure

       ``(a) For purposes of this section, a `unitary review' 
     procedure means a State procedure that authorizes a person 
     under sentence of death to raise, in the course of direct 
     review of the judgment, such claims as could be raised on 
     collateral attack. This chapter 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.

[[Page H3309]]

       ``(II) Whether the case is so unusual or so complex, due to 
     the number of defendants, the nature of the prosecution, or 
     the existence of novel questions of fact or law, that it is 
     unreasonable to expect adequate briefing within the time 
     limitations established by subparagraph (A).
       ``(III) Whether the failure to allow a delay in a case 
     that, taken as a whole, is not so unusual or so complex as 
     described in subclause (II), but would otherwise deny the 
     applicant reasonable time to obtain counsel, would 
     unreasonably deny the applicant or the government continuity 
     of counsel, or would deny counsel for the applicant or the 
     government the reasonable time necessary for effective 
     preparation, taking into account the exercise of due 
     diligence.
       ``(iii) No delay in disposition shall be permissible 
     because of general congestion of the court's calendar.
       ``(iv) The court shall transmit a copy of any order issued 
     under clause (i) to the Director of the Administrative Office 
     of the United States Courts for inclusion in the report under 
     paragraph (5).
       ``(2) The time limitations under paragraph (1) shall apply 
     to--
       ``(A) an initial application for a writ of habeas corpus;
       ``(B) any second or successive application for a writ of 
     habeas corpus; and
       ``(C) any redetermination of an application for a writ of 
     habeas corpus following a remand by the court of appeals or 
     the Supreme Court for further proceedings, in which case the 
     limitation period shall run from the date the remand is 
     ordered.
       ``(3)(A) The time limitations under this section shall not 
     be construed to entitle an applicant to a stay of execution, 
     to which the applicant would otherwise not be entitled, for 
     the purpose of litigating any application or appeal.
       ``(B) No amendment to an application for a writ of habeas 
     corpus under this chapter shall be permitted after the filing 
     of the answer to the application, except on the grounds 
     specified in section 2244(b).
       ``(4)(A) The failure of a court to meet or comply with a 
     time limitation under this section shall not be a ground for 
     granting relief from a judgment of conviction or sentence.
       ``(B) The State may enforce a time limitation under this 
     section by petitioning for a writ of mandamus to the court of 
     appeals. The court of appeals shall act on the petition for a 
     writ of mandamus not later than 30 days after the filing of 
     the petition.
       ``(5)(A) The Administrative Office of United States Courts 
     shall submit to Congress an annual report on the compliance 
     by the district courts with the time limitations under this 
     section.
       ``(B) The report described in subparagraph (A) shall 
     include copies of the orders submitted by the district courts 
     under paragraph (1)(B)(iv).
       ``(c)(1)(A) A court of appeals shall hear and render a 
     final determination of any appeal of an order granting or 
     denying, in whole or in part, an application brought under 
     this chapter in a capital case not later than 120 days after 
     the date on which the reply brief is filed, or if no reply 
     brief is filed, not later than 120 days after the date on 
     which the answering brief is filed.
       ``(B)(i) A court of appeals shall decide whether to grant a 
     petition for rehearing or other request for rehearing en banc 
     not later than 30 days after the date on which the petition 
     for rehearing is filed unless a responsive pleading is 
     required, in which case the court shall decide whether to 
     grant the petition not later than 30 days after the date on 
     which the responsive pleading is filed.
       ``(ii) If a petition for rehearing or rehearing en banc is 
     granted, the court of appeals shall hear and render a final 
     determination of the appeal not later than 120 days after the 
     date on which the order granting rehearing or rehearing en 
     banc is entered.
       ``(2) The time limitations under paragraph (1) shall apply 
     to--
       ``(A) an initial application for a writ of habeas corpus;
       ``(B) any second or successive application for a writ of 
     habeas corpus; and
       ``(C) any redetermination of an application for a writ of 
     habeas corpus or related appeal following a remand by the 
     court of appeals en banc or the Supreme Court for further 
     proceedings, in which case the limitation period shall run 
     from the date the remand is ordered.
       ``(3) The time limitations under this section shall not be 
     construed to entitle an applicant to a stay of execution, to 
     which the applicant would otherwise not be entitled, for the 
     purpose of litigating any application or appeal.
       ``(4)(A) The failure of a court to meet or comply with a 
     time limitation under this section shall not be a ground for 
     granting relief from a judgment of conviction or sentence.
       ``(B) The State may enforce a time limitation under this 
     section by applying for a writ of mandamus to the Supreme 
     Court.
       ``(5) The Administrative Office of United States Courts 
     shall submit to Congress an annual report on the compliance 
     by the courts of appeals with the time limitations under this 
     section.''.
       (b) Technical Amendment.--The part analysis for part IV of 
     title 28, United States Code, is amended by adding after the 
     item relating to chapter 153 the following new item:

         ``154.  Special  habeas  corpus  procedures  in  capital cases


                                                      2261.''.

       (c) Effective Date.--Chapter 154 of title 28, United States 
     Code (as added by subsection (a)) shall apply to cases 
     pending on or after the date of enactment of this Act.

     SEC. 108. TECHNICAL AMENDMENT.

       Section 408(q) of the Controlled Substances Act (21 U.S.C. 
     848(q)) is amended by amending paragraph (9) to read as 
     follows:
       ``(9) Upon a finding that investigative, expert, or other 
     services are reasonably necessary for the representation of 
     the defendant, whether in connection with issues relating to 
     guilt or the sentence, the court may authorize the 
     defendant's attorneys to obtain such services on behalf of 
     the defendant and, if so authorized, shall order the payment 
     of fees and expenses therefor under paragraph (10). No ex 
     parte proceeding, communication, or request may be considered 
     pursuant to this section unless a proper showing is made 
     concerning the need for confidentiality. Any such proceeding, 
     communication, or request shall be transcribed and made a 
     part of the record available for appellate review.''.
                     TITLE II--JUSTICE FOR VICTIMS
                Subtitle A--Mandatory Victim Restitution

     SEC. 201. SHORT TITLE.

       This subtitle may be cited as the ``Mandatory Victims 
     Restitution Act of 1996''.

     SEC. 202. ORDER OF RESTITUTION.

       Section 3556 of title 18, United States Code, is amended--
       (1) by striking ``may'' and inserting ``shall''; and
       (2) by striking ``sections 3663 and 3664.'' and inserting 
     ``section 3663A, and may order restitution in accordance with 
     section 3663. The procedures under section 3664 shall apply 
     to all orders of restitution under this section.''.

     SEC. 203. CONDITIONS OF PROBATION.

       Section 3563 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) in the first paragraph (4) (relating to conditions of 
     probation for a domestic crime of violence), by striking the 
     period and inserting a semicolon;
       (C) by redesignating the second paragraph (4) (relating to 
     conditions of probation concerning drug use and testing) as 
     paragraph (5);
       (D) in paragraph (5), as redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (E) by inserting after paragraph (5), as redesignated, the 
     following new paragraphs:
       ``(6) that the defendant--
       ``(A) make restitution in accordance with sections 2248, 
     2259, 2264, 2327, 3663, 3663A, and 3664; and
       ``(B) pay the assessment imposed in accordance with section 
     3013; and
       ``(7) that the defendant will notify the court of any 
     material change in the defendant's economic circumstances 
     that might affect the defendant's ability to pay restitution, 
     fines, or special assessments.''; and
       (2) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by redesignating paragraphs (3) through (22) as 
     paragraphs (2) through (21), respectively; and
       (C) by amending paragraph (2), as redesignated, to read as 
     follows:
       ``(2) make restitution to a victim of the offense under 
     section 3556 (but not subject to the limitation of section 
     3663(a) or 3663A(c)(1)(A));''.

     SEC. 204. MANDATORY RESTITUTION.

       (a) In General.--Chapter 232 of title 18, United States 
     Code, is amended by inserting immediately after section 3663 
     the following new section:

     ``Sec. 3663A. Mandatory restitution to victims of certain 
       crimes

       ``(a)(1) Notwithstanding any other provision of law, when 
     sentencing a defendant convicted of an offense described in 
     subsection (c), the court shall order, in addition to, or in 
     the case of a misdemeanor, in addition to or in lieu of, any 
     other penalty authorized by law, that the defendant make 
     restitution to the victim of the offense or, if the victim is 
     deceased, to the victim's estate.
       ``(2) For the purposes of this section, the term `victim' 
     means a person directly and proximately harmed as a result of 
     the commission of an offense for which restitution may be 
     ordered including, in the case of an offense that involves as 
     an element a scheme, conspiracy, or pattern of criminal 
     activity, any person directly harmed by the defendant's 
     criminal conduct in the course of the scheme, conspiracy, or 
     pattern. In the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or representative of the victim's 
     estate, another family member, or any other person appointed 
     as suitable by the court, may assume the victim's rights 
     under this section, but in no event shall the defendant be 
     named as such representative or guardian.
       ``(3) The court shall also order, if agreed to by the 
     parties in a plea agreement, restitution to persons other 
     than the victim of the offense.
       ``(b) The order of restitution shall require that such 
     defendant--
       ``(1) in the case of an offense resulting in damage to or 
     loss or destruction of property of a victim of the offense--
       ``(A) return the property to the owner of the property or 
     someone designated by the owner; or
       ``(B) if return of the property under subparagraph (A) is 
     impossible, impracticable, or inadequate, pay an amount equal 
     to--
       ``(i) the greater of--

       ``(I) the value of the property on the date of the damage, 
     loss, or destruction; or
       ``(II) the value of the property on the date of sentencing, 
     less

       ``(ii) the value (as of the date the property is returned) 
     of any part of the property that is returned;
       ``(2) in the case of an offense resulting in bodily injury 
     to a victim--
       ``(A) pay an amount equal to the cost of necessary medical 
     and related professional services

[[Page H3310]]

     and devices relating to physical, psychiatric, and 
     psychological care, including nonmedical care and treatment 
     rendered in accordance with a method of healing recognized by 
     the law of the place of treatment;
       ``(B) pay an amount equal to the cost of necessary physical 
     and occupational therapy and rehabilitation; and
       ``(C) reimburse the victim for income lost by such victim 
     as a result of such offense;
       ``(3) in the case of an offense resulting in bodily injury 
     that results in the death of the victim, pay an amount equal 
     to the cost of necessary funeral and related services; and
       ``(4) in any case, reimburse the victim for lost income and 
     necessary child care, transportation, and other expenses 
     incurred during participation in the investigation or 
     prosecution of the offense or attendance at proceedings 
     related to the offense.
       ``(c)(1) This section shall apply in all sentencing 
     proceedings for convictions of, or plea agreements relating 
     to charges for, any offense--
       ``(A) that is--
       ``(i) a crime of violence, as defined in section 16;
       ``(ii) an offense against property under this title, 
     including any offense committed by fraud or deceit; or
       ``(iii) an offense described in section 1365 (relating to 
     tampering with consumer products); and
       ``(B) in which an identifiable victim or victims has 
     suffered a physical injury or pecuniary loss.
       ``(2) In the case of a plea agreement that does not result 
     in a conviction for an offense described in paragraph (1), 
     this section shall apply only if the plea specifically states 
     that an offense listed under such paragraph gave rise to the 
     plea agreement.
       ``(3) This section shall not apply in the case of an 
     offense described in paragraph (1)(A)(ii) if the court finds, 
     from facts on the record, that--
       ``(A) the number of identifiable victims is so large as to 
     make restitution impracticable; or
       ``(B) determining complex issues of fact related to the 
     cause or amount of the victim's losses would complicate or 
     prolong the sentencing process to a degree that the need to 
     provide restitution to any victim is outweighed by the burden 
     on the sentencing process.
       ``(d) An order of restitution under this section shall be 
     issued and enforced in accordance with section 3664.''.
       (b) Clerical Amendment.--The analysis for chapter 232 of 
     title 18, United States Code, is amended by inserting 
     immediately after the matter relating to section 3663 the 
     following:

``3663A. Mandatory restitution to victims of certain crimes.''.

     SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.

       (a) In General.--Section 3663 of title 18, United States 
     Code, is amended--
       (1) in subsection (a)(1)--
       (A) by striking ``(a)(1) The court'' and inserting 
     ``(a)(1)(A) The court'';
       (B) by inserting ``, section 401, 408(a), 409, 416, 420, or 
     422(a) of the Controlled Substances Act (21 U.S.C. 841, 
     848(a), 849, 856, 861, 863) (but in no case shall a 
     participant in an offense under such sections be considered a 
     victim of such offense under this section),'' before ``or 
     section 46312,'';
       (C) by inserting ``other than an offense described in 
     section 3663A(c),'' after ``title 49,'';
       (D) by inserting before the period at the end the 
     following: ``, or if the victim is deceased, to the victim's 
     estate'';
       (E) by adding at the end the following new subparagraph:
       ``(B)(i) The court, in determining whether to order 
     restitution under this section, shall consider--
       ``(I) the amount of the loss sustained by each victim as a 
     result of the offense; and
       ``(II) the financial resources of the defendant, the 
     financial needs and earning ability of the defendant and the 
     defendant's dependents, and such other factors as the court 
     deems appropriate.
       ``(ii) To the extent that the court determines that the 
     complication and prolongation of the sentencing process 
     resulting from the fashioning of an order of restitution 
     under this section outweighs the need to provide restitution 
     to any victims, the court may decline to make such an 
     order.''; and
       (F) by amending paragraph (2) to read as follows:
       ``(2) For the purposes of this section, the term `victim' 
     means a person directly and proximately harmed as a result of 
     the commission of an offense for which restitution may be 
     ordered including, in the case of an offense that involves as 
     an element a scheme, conspiracy, or pattern of criminal 
     activity, any person directly harmed by the defendant's 
     criminal conduct in the course of the scheme, conspiracy, or 
     pattern. In the case of a victim who is under 18 years of 
     age, incompetent, incapacitated, or deceased, the legal 
     guardian of the victim or representative of the victim's 
     estate, another family member, or any other person appointed 
     as suitable by the court, may assume the victim's rights 
     under this section, but in no event shall the defendant be 
     named as such representative or guardian.'';
       (2) by striking subsections (c) through (i); and
       (3) by adding at the end the following new subsections:
       ``(c)(1) Notwithstanding any other provision of law (but 
     subject to the provisions of subsections (a)(1)(B) (i)(II) 
     and (ii), when sentencing a defendant convicted of an offense 
     described in section 401, 408(a), 409, 416, 420, or 422(a) of 
     the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 
     856, 861, 863), in which there is no identifiable victim, the 
     court may order that the defendant make restitution in 
     accordance with this subsection.
       ``(2)(A) An order of restitution under this subsection 
     shall be based on the amount of public harm caused by the 
     offense, as determined by the court in accordance with 
     guidelines promulgated by the United States Sentencing 
     Commission.
       ``(B) In no case shall the amount of restitution ordered 
     under this subsection exceed the amount of the fine ordered 
     for the offense charged in the case.
       ``(3) Restitution under this subsection shall be 
     distributed as follows:
       ``(A) 65 percent of the total amount of restitution shall 
     be paid to the State entity designated to administer crime 
     victim assistance in the State in which the crime occurred.
       ``(B) 35 percent of the total amount of restitution shall 
     be paid to the State entity designated to receive Federal 
     substance abuse block grant funds.
       ``(4) The court shall not make an award under this 
     subsection if it appears likely that such award would 
     interfere with a forfeiture under chapter 46 of this title or 
     under the Controlled Substances Act (21 U.S.C. 801 et seq.).
       ``(5) Notwithstanding section 3612(c) or any other 
     provision of law, a penalty assessment under section 3013 or 
     a fine under subchapter C of chapter 227 shall take 
     precedence over an order of restitution under this 
     subsection.
       ``(6) Requests for community restitution under this 
     subsection may be considered in all plea agreements 
     negotiated by the United States.
       ``(7)(A) The United States Sentencing Commission shall 
     promulgate guidelines to assist courts in determining the 
     amount of restitution that may be ordered under this 
     subsection.
       ``(B) No restitution shall be ordered under this subsection 
     until such time as the Sentencing Commission promulgates 
     guidelines pursuant to this paragraph.
       ``(d) An order of restitution made pursuant to this section 
     shall be issued and enforced in accordance with section 
     3664.''.
       (b) Sexual Abuse.--Section 2248 of title 18, United States 
     Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay to the victim 
     (through the appropriate court mechanism) the full amount of 
     the victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (c).
       (c) Sexual Exploitation and Other Abuse of Children.--
     Section 2259 of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay the victim (through 
     the appropriate court mechanism) the full amount of the 
     victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (e).
       (d) Domestic Violence.--Section 2264 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay the victim (through 
     the appropriate court mechanism) the full amount of the 
     victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (g); and
       (4) by adding at the end the following new subsection (c):
       ``(c) Victim Defined.--For purposes of this section, the 
     term `victim' means the individual harmed as a result of a 
     commission of a crime under this chapter, including, in the 
     case of a victim who is under 18 years of age, incompetent, 
     incapacitated, or deceased, the legal guardian of the victim 
     or representative of the victim's estate, another family 
     member, or any other person appointed as suitable by the 
     court, but in no event shall the defendant be named as such 
     representative or guardian.''.
       (e) Telemarketing Fraud.--Section 2327 of title 18, United 
     States Code, is amended--
       (1) in subsection (a), by inserting ``or 3663A'' after 
     ``3663'';

[[Page H3311]]

       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) Directions.--The order of restitution under this 
     section shall direct the defendant to pay to the victim 
     (through the appropriate court mechanism) the full amount of 
     the victim's losses as determined by the court pursuant to 
     paragraph (2).'';
       (B) by amending paragraph (2) to read as follows:
       ``(2) Enforcement.--An order of restitution under this 
     section shall be issued and enforced in accordance with 
     section 3664 in the same manner as an order under section 
     3663A.'';
       (C) in paragraph (4), by striking subparagraphs (C) and 
     (D); and
       (D) by striking paragraphs (5) through (10);
       (3) by striking subsections (c) through (e); and
       (4) by redesignating subsection (f) as subsection (c).

     SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.

       (a) In General.--Section 3664 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 3664. Procedure for issuance and enforcement of order 
       of restitution

       ``(a) For orders of restitution under this title, the court 
     shall order the probation officer to obtain and include in 
     its presentence report, or in a separate report, as the court 
     may direct, information sufficient for the court to exercise 
     its discretion in fashioning a restitution order. The report 
     shall include, to the extent practicable, a complete 
     accounting of the losses to each victim, any restitution owed 
     pursuant to a plea agreement, and information relating to the 
     economic circumstances of each defendant. If the number or 
     identity of victims cannot be reasonably ascertained, or 
     other circumstances exist that make this requirement clearly 
     impracticable, the probation officer shall so inform the 
     court.
       ``(b) The court shall disclose to both the defendant and 
     the attorney for the Government all portions of the 
     presentence or other report pertaining to the matters 
     described in subsection (a) of this section.
       ``(c) The provisions of this chapter, chapter 227, and Rule 
     32(c) of the Federal Rules of Criminal Procedure shall be the 
     only rules applicable to proceedings under this section.
       ``(d)(1) Upon the request of the probation officer, but not 
     later than 60 days prior to the date initially set for 
     sentencing, the attorney for the Government, after 
     consulting, to the extent practicable, with all identified 
     victims, shall promptly provide the probation officer with a 
     listing of the amounts subject to restitution.
       ``(2) The probation officer shall, prior to submitting the 
     presentence report under subsection (a), to the extent 
     practicable--
       ``(A) provide notice to all identified victims of--
       ``(i) the offense or offenses of which the defendant was 
     convicted;
       ``(ii) the amounts subject to restitution submitted to the 
     probation officer;
       ``(iii) the opportunity of the victim to submit information 
     to the probation officer concerning the amount of the 
     victim's losses;
       ``(iv) the scheduled date, time, and place of the 
     sentencing hearing;
       ``(v) the availability of a lien in favor of the victim 
     pursuant to subsection (m)(1)(B); and
       ``(vi) the opportunity of the victim to file with the 
     probation officer a separate affidavit relating to the amount 
     of the victim's losses subject to restitution; and
       ``(B) provide the victim with an affidavit form to submit 
     pursuant to subparagraph (A)(vi).
       ``(3) Each defendant shall prepare and file with the 
     probation officer an affidavit fully describing the financial 
     resources of the defendant, including a complete listing of 
     all assets owned or controlled by the defendant as of the 
     date on which the defendant was arrested, the financial needs 
     and earning ability of the defendant and the defendant's 
     dependents, and such other information that the court 
     requires relating to such other factors as the court deems 
     appropriate.
       ``(4) After reviewing the report of the probation officer, 
     the court may require additional documentation or hear 
     testimony. The privacy of any records filed, or testimony 
     heard, pursuant to this section shall be maintained to the 
     greatest extent possible, and such records may be filed or 
     testimony heard in camera.
       ``(5) If the victim's losses are not ascertainable by the 
     date that is 10 days prior to sentencing, the attorney for 
     the Government or the probation officer shall so inform the 
     court, and the court shall set a date for the final 
     determination of the victim's losses, not to exceed 90 days 
     after sentencing. If the victim subsequently discovers 
     further losses, the victim shall have 60 days after discovery 
     of those losses in which to petition the court for an amended 
     restitution order. Such order may be granted only upon a 
     showing of good cause for the failure to include such losses 
     in the initial claim for restitutionary relief.
       ``(6) The court may refer any issue arising in connection 
     with a proposed order of restitution to a magistrate judge or 
     special master for proposed findings of fact and 
     recommendations as to disposition, subject to a de novo 
     determination of the issue by the court.
       ``(e) Any dispute as to the proper amount or type of 
     restitution shall be resolved by the court by the 
     preponderance of the evidence. The burden of demonstrating 
     the amount of the loss sustained by a victim as a result of 
     the offense shall be on the attorney for the Government. The 
     burden of demonstrating the financial resources of the 
     defendant and the financial needs of the defendant's 
     dependents, shall be on the defendant. The burden of 
     demonstrating such other matters as the court deems 
     appropriate shall be upon the party designated by the court 
     as justice requires.
       ``(f)(1)(A) In each order of restitution, the court shall 
     order restitution to each victim in the full amount of each 
     victim's losses as determined by the court and without 
     consideration of the economic circumstances of the defendant.
       ``(B) In no case shall the fact that a victim has received 
     or is entitled to receive compensation with respect to a loss 
     from insurance or any other source be considered in 
     determining the amount of restitution.
       ``(2) Upon determination of the amount of restitution owed 
     to each victim, the court shall, pursuant to section 3572, 
     specify in the restitution order the manner in which, and the 
     schedule according to which, the restitution is to be paid, 
     in consideration of--
       ``(A) the financial resources and other assets of the 
     defendant, including whether any of these assets are jointly 
     controlled;
       ``(B) projected earnings and other income of the defendant; 
     and
       ``(C) any financial obligations of the defendant; including 
     obligations to dependents.
       ``(3)(A) A restitution order may direct the defendant to 
     make a single, lump-sum payment, partial payments at 
     specified intervals, in-kind payments, or a combination of 
     payments at specified intervals and in-kind payments.
       ``(B) A restitution order may direct the defendant to make 
     nominal periodic payments if the court finds from facts on 
     the record that the economic circumstances of the defendant 
     do not allow the payment of any amount of a restitution 
     order, and do not allow for the payment of the full amount of 
     a restitution order in the foreseeable future under any 
     reasonable schedule of payments.
       ``(4) An in-kind payment described in paragraph (3) may be 
     in the form of--
       ``(A) return of property;
       ``(B) replacement of property; or
       ``(C) if the victim agrees, services rendered to the victim 
     or a person or organization other than the victim.
       ``(g)(1) No victim shall be required to participate in any 
     phase of a restitution order.
       ``(2) A victim may at any time assign the victim's interest 
     in restitution payments to the Crime Victims Fund in the 
     Treasury without in any way impairing the obligation of the 
     defendant to make such payments.
       ``(h) If the court finds that more than 1 defendant has 
     contributed to the loss of a victim, the court may make each 
     defendant liable for payment of the full amount of 
     restitution or may apportion liability among the defendants 
     to reflect the level of contribution to the victim's loss and 
     economic circumstances of each defendant.
       ``(i) If the court finds that more than 1 victim has 
     sustained a loss requiring restitution by a defendant, the 
     court may provide for a different payment schedule for each 
     victim based on the type and amount of each victim's loss and 
     accounting for the economic circumstances of each victim. In 
     any case in which the United States is a victim, the court 
     shall ensure that all other victims receive full restitution 
     before the United States receives any restitution.
       ``(j)(1) If a victim has received compensation from 
     insurance or any other source with respect to a loss, the 
     court shall order that restitution be paid to the person who 
     provided or is obligated to provide the compensation, but the 
     restitution order shall provide that all restitution of 
     victims required by the order be paid to the victims before 
     any restitution is paid to such a provider of compensation.
       ``(2) Any amount paid to a victim under an order of 
     restitution shall be reduced by any amount later recovered as 
     compensatory damages for the same loss by the victim in--
       ``(A) any Federal civil proceeding; and
       ``(B) any State civil proceeding, to the extent provided by 
     the law of the State.
       ``(k) A restitution order shall provide that the defendant 
     shall notify the court and the Attorney General of any 
     material change in the defendant's economic circumstances 
     that might affect the defendant's ability to pay restitution. 
     The court may also accept notification of a material change 
     in the defendant's economic circumstances from the United 
     States or from the victim. The Attorney General shall certify 
     to the court that the victim or victims owed restitution by 
     the defendant have been notified of the change in 
     circumstances. Upon receipt of the notification, the court 
     may, on its own motion, or the motion of any party, including 
     the victim, adjust the payment schedule, or require immediate 
     payment in full, as the interests of justice require.
       ``(l) A conviction of a defendant for an offense involving 
     the act giving rise to an order of restitution shall estop 
     the defendant from denying the essential allegations of that 
     offense in any subsequent Federal civil proceeding or State 
     civil proceeding, to the extent consistent with State law, 
     brought by the victim.
       ``(m)(1)(A)(i) An order of restitution may be enforced by 
     the United States in the manner provided for in subchapter C 
     of chapter 227 and subchapter B of chapter 229 of this title; 
     or
       ``(ii) by all other available and reasonable means.
       ``(B) At the request of a victim named in a restitution 
     order, the clerk of the court shall issue an abstract of 
     judgment certifying that a judgment has been entered in favor 
     of such victim in the amount specified in the restitution 
     order. Upon registering, recording, docketing, or indexing 
     such abstract in accordance with the rules and requirements 
     relating to judgments of the court of the State where the 
     district court is located, the abstract of judgment shall be 
     a lien on the property of the defendant located in such State 
     in the same manner and to the same extent and under the same 
     conditions as a judgment of a court of general jurisdiction 
     in that State.
       ``(2) An order of in-kind restitution in the form of 
     services shall be enforced by the probation officer.

[[Page H3312]]

       ``(n) If a person obligated to provide restitution, or pay 
     a fine, receives substantial resources from any source, 
     including inheritance, settlement, or other judgment, during 
     a period of incarceration, such person shall be required to 
     apply the value of such resources to any restitution or fine 
     still owed.
       ``(o) A sentence that imposes an order of restitution is a 
     final judgment notwithstanding the fact that--
       ``(1) such a sentence can subsequently be--
       ``(A) corrected under Rule 35 of the Federal Rules of 
     Criminal Procedure and section 3742 of chapter 235 of this 
     title;
       ``(B) appealed and modified under section 3742;
       ``(C) amended under section 3664(d)(3); or
       ``(D) adjusted under section 3664(k), 3572, or 3613A; or
       ``(2) the defendant may be resentenced under section 3565 
     or 3614.
       ``(p) Nothing in this section or sections 2248, 2259, 2264, 
     2327, 3663, and 3663A and arising out of the application of 
     such sections, shall be construed to create a cause of action 
     not otherwise authorized in favor of any person against the 
     United States or any officer or employee of the United 
     States.''.
       (b) Technical Amendment.--The item relating to section 3664 
     in the analysis for chapter 232 of title 18, United States 
     Code, is amended to read as follows:

       ``3664. Procedure for issuance and enforcement of order of 
           restitution.''.

     SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION 
                   ORDER.

       (a) Amendment of Federal Rules of Criminal Procedure.--Rule 
     32(b) of the Federal Rules of Criminal Procedure is amended--
       (1) in paragraph (1), by adding at the end the following: 
     ``Notwithstanding the preceding sentence, a presentence 
     investigation and report, or other report containing 
     information sufficient for the court to enter an order of 
     restitution, as the court may direct, shall be required in 
     any case in which restitution is required to be ordered.''; 
     and
       (2) in paragraph (4)--
       (A) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (G) and (H), respectively; and
       (B) by inserting after subparagraph (E), the following new 
     subparagraph:
       ``(F) in appropriate cases, information sufficient for the 
     court to enter an order of restitution;''.
       (b) Fines.--Section 3572 of title 18, United States Code, 
     is amended--
       (1) in subsection (b) by inserting ``other than the United 
     States,'' after ``offense,'';
       (2) in subsection (d)--
       (A) in the first sentence, by striking ``A person sentenced 
     to pay a fine or other monetary penalty'' and inserting ``(1) 
     A person sentenced to pay a fine or other monetary penalty, 
     including restitution,'';
       (B) by striking the third sentence; and
       (C) by adding at the end the following:
       ``(2) If the judgment, or, in the case of a restitution 
     order, the order, permits other than immediate payment, the 
     length of time over which scheduled payments will be made 
     shall be set by the court, but shall be the shortest time in 
     which full payment can reasonably be made.
       ``(3) A judgment for a fine which permits payments in 
     installments shall include a requirement that the defendant 
     will notify the court of any material change in the 
     defendant's economic circumstances that might affect the 
     defendant's ability to pay the fine. Upon receipt of such 
     notice the court may, on its own motion or the motion of any 
     party, adjust the payment schedule, or require immediate 
     payment in full, as the interests of justice require.'';
       (3) in subsection (f), by inserting ``restitution'' after 
     ``special assessment,'';
       (4) in subsection (h), by inserting ``or payment of 
     restitution'' after ``A fine''; and
       (5) in subsection (i)--
       (A) in the first sentence, by inserting ``or payment of 
     restitution'' after ``A fine''; and
       (B) by amending the second sentence to read as follows: 
     ``Notwithstanding any installment schedule, when a fine or 
     payment of restitution is in default, the entire amount of 
     the fine or restitution is due within 30 days after 
     notification of the default, subject to the provisions of 
     section 3613A.''.
       (c) Postsentence Administration.--
       (1) Payment of a fine or restitution.--Section 3611 of 
     title 18, United States Code, is amended--
       (A) by amending the heading to read as follows:

     ``Sec. 3611. Payment of a fine or restitution''; 

     and
       (B) by striking ``or assessment shall pay the fine or 
     assessment'' and inserting ``, assessment, or restitution, 
     shall pay the fine, assessment, or restitution''.
       (2) Collection.--Section 3612 of title 18, United States 
     Code, is amended--
       (A) by amending the heading to read as follows:

     ``Sec. 3612. Collection of unpaid fine or restitution'';

       (B) in subsection (b)(1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``or restitution order'' after ``fine'';
       (ii) in subparagraph (C), by inserting ``or restitution 
     order'' after ``fine'';
       (iii) in subparagraph (E), by striking ``and'';
       (iv) in subparagraph (F)--

       (I) by inserting ``or restitution order'' after ``fine''; 
     and
       (II) by striking the period at the end and inserting ``; 
     and''; and

       (v) by adding at the end the following new subparagraph:
       ``(G) in the case of a restitution order, information 
     sufficient to identify each victim to whom restitution is 
     owed. It shall be the responsibility of each victim to notify 
     the Attorney General, or the appropriate entity of the court, 
     by means of a form to be provided by the Attorney General or 
     the court, of any change in the victim's mailing address 
     while restitution is still owed the victim. The 
     confidentiality of any information relating to a victim shall 
     be maintained.'';
       (C) in subsection (c)--
       (i) in the first sentence, by inserting ``or restitution'' 
     after ``fine''; and
       (ii) by adding at the end the following: ``Any money 
     received from a defendant shall be disbursed so that each of 
     the following obligations is paid in full in the following 
     sequence:
       ``(1) A penalty assessment under section 3013 of title 18, 
     United States Code.
       ``(2) Restitution of all victims.
       ``(3) All other fines, penalties, costs, and other payments 
     required under the sentence.'';
       (D) in subsection (d)--
       (i) by inserting ``or restitution'' after ``fine''; and
       (ii) by striking ``is delinquent, to inform him that the 
     fine is delinquent'' and inserting ``or restitution is 
     delinquent, to inform the person of the delinquency'';
       (E) in subsection (e)--
       (i) by inserting ``or restitution'' after ``fine''; and
       (ii) by striking ``him that the fine is in default'' and 
     inserting ``the person that the fine or restitution is in 
     default'';
       (F) in subsection (f)--
       (i) in the heading, by inserting ``and restitution'' after 
     ``on fines''; and
       (ii) in paragraph (1), by inserting ``or restitution'' 
     after ``any fine'';
       (G) in subsection (g), by inserting ``or restitution'' 
     after ``fine'' each place it appears; and
       (H) in subsection (i), by inserting ``and restitution'' 
     after ``fines''.
       (3) Civil remedies.--Section 3613 of title 18, United 
     States Code, is amended to read as follows:

     ``Sec. 3613. Civil remedies for satisfaction of an unpaid 
       fine

       ``(a) Enforcement.--The United States may enforce a 
     judgment imposing a fine in accordance with the practices and 
     procedures for the enforcement of a civil judgment under 
     Federal law or State law. Notwithstanding any other Federal 
     law (including section 207 of the Social Security Act), a 
     judgment imposing a fine may be enforced against all property 
     or rights to property of the person fined, except that--
       ``(1) property exempt from levy for taxes pursuant to 
     section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), 
     and (12) of the Internal Revenue Code of 1986 shall be exempt 
     from enforcement of the judgment under Federal law;
       ``(2) section 3014 of chapter 176 of title 28 shall not 
     apply to enforcement under Federal law; and
       ``(3) the provisions of section 303 of the Consumer Credit 
     Protection Act (15 U.S.C. 1673) shall apply to enforcement of 
     the judgment under Federal law or State law.
       ``(b) Termination of Liability.--The liability to pay a 
     fine shall terminate the later of 20 years from the entry of 
     judgment or 20 years after the release from imprisonment of 
     the person fined, or upon the death of the individual fined.
       ``(c) Lien.--A fine imposed pursuant to the provisions of 
     subchapter C of chapter 227 of this title, or an order of 
     restitution made pursuant to sections 2248, 2259, 2264, 2327, 
     3663, 3663A, or 3664 of this title, is a lien in favor of the 
     United States on all property and rights to property of the 
     person fined as if the liability of the person fined were a 
     liability for a tax assessed under the Internal Revenue Code 
     of 1986. The lien arises on the entry of judgment and 
     continues for 20 years or until the liability is satisfied, 
     remitted, set aside, or is terminated under subsection (b).
       ``(d) Effect of Filing Notice of Lien.--Upon filing of a 
     notice of lien in the manner in which a notice of tax lien 
     would be filed under section 6323(f) (1) and (2) of the 
     Internal Revenue Code of 1986, the lien shall be valid 
     against any purchaser, holder of a security interest, 
     mechanic's lienor or judgment lien creditor, except with 
     respect to properties or transactions specified in subsection 
     (b), (c), or (d) of section 6323 of the Internal Revenue Code 
     of 1986 for which a notice of tax lien properly filed on the 
     same date would not be valid. The notice of lien shall be 
     considered a notice of lien for taxes payable to the United 
     States for the purpose of any State or local law providing 
     for the filing of a notice of a tax lien. A notice of lien 
     that is registered, recorded, docketed, or indexed in 
     accordance with the rules and requirements relating to 
     judgments of the courts of the State where the notice of lien 
     is registered, recorded, docketed, or indexed shall be 
     considered for all purposes as the filing prescribed by this 
     section. The provisions of section 3201(e) of chapter 176 of 
     title 28 shall apply to liens filed as prescribed by this 
     section.
       ``(e) Discharge of Debt Inapplicable.--No discharge of 
     debts in a proceeding pursuant to any chapter of title 11, 
     United States Code, shall discharge liability to pay a fine 
     pursuant to this section, and a lien filed as prescribed by 
     this section shall not be voided in a bankruptcy proceeding.
       ``(f) Applicability to Order of Restitution.--In accordance 
     with section 3664(m)(1)(A) of this title, all provisions of 
     this section are available to the United States for the 
     enforcement of an order of restitution.''.
       (4) Default.--Chapter 229 of title 18, United States Code, 
     is amended by inserting after section 3613 the following new 
     section:

     ``Sec. 3613A. Effect of default

       ``(a)(1) Upon a finding that the defendant is in default on 
     a payment of a fine or restitution, the court may, pursuant 
     to section 3565, revoke probation or a term of supervised 
     release, modify

[[Page H3313]]

     the terms or conditions of probation or a term of supervised 
     release, resentence a defendant pursuant to section 3614, 
     hold the defendant in contempt of court, enter a restraining 
     order or injunction, order the sale of property of the 
     defendant, accept a performance bond, enter or adjust a 
     payment schedule, or take any other action necessary to 
     obtain compliance with the order of a fine or restitution.
       ``(2) In determining what action to take, the court shall 
     consider the defendant's employment status, earning ability, 
     financial resources, the willfulness in failing to comply 
     with the fine or restitution order, and any other 
     circumstances that may have a bearing on the defendant's 
     ability or failure to comply with the order of a fine or 
     restitution.
       ``(b)(1) Any hearing held pursuant to this section may be 
     conducted by a magistrate judge, subject to de novo review by 
     the court.
       ``(2) To the extent practicable, in a hearing held pursuant 
     to this section involving a defendant who is confined in any 
     jail, prison, or other correctional facility, proceedings in 
     which the prisoner's participation is required or permitted 
     shall be conducted by telephone, video conference, or other 
     communications technology without removing the prisoner from 
     the facility in which the prisoner is confined.''.
       (5) Resentencing.--Section 3614 of title 18, United States 
     Code, is amended--
       (A) in the heading, by inserting ``or restitution'' after 
     ``fine'';
       (B) in subsection (a), by inserting ``or restitution'' 
     after ``fine''; and
       (C) by adding at the end the following new subsection:
       ``(c) Effect of Indigency.--In no event shall a defendant 
     be incarcerated under this section solely on the basis of 
     inability to make payments because the defendant is 
     indigent.''.
       (d) Clerical Amendment.--The table of sections at the 
     beginning of subchapter B of chapter 229 of title 18, United 
     States Code, is amended to read as follows:

``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.

     SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.

       Pursuant to section 994 of title 28, United States Code, 
     the United States Sentencing Commission shall promulgate 
     guidelines or amend existing guidelines to reflect this 
     subtitle and the amendments made by this subtitle.

     SEC. 209. JUSTICE DEPARTMENT REGULATIONS.

       Not later than 90 days after the date of enactment of this 
     subtitle, the Attorney General shall promulgate guidelines, 
     or amend existing guidelines, to carry out this subtitle and 
     the amendments made by this subtitle and to ensure that--
       (1) in all plea agreements negotiated by the United States, 
     consideration is given to requesting that the defendant 
     provide full restitution to all victims of all charges 
     contained in the indictment or information, without regard to 
     the counts to which the defendant actually pleaded; and
       (2) orders of restitution made pursuant to the amendments 
     made by this subtitle are enforced to the fullest extent of 
     the law.

     SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.

       Section 3013(a)(2) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``$50'' and inserting 
     ``not less than $100''; and
       (2) in subparagraph (B), by striking ``$200'' and inserting 
     ``not less than $400''.

     SEC. 211. EFFECTIVE DATE.

       The amendments made by this subtitle shall, to the extent 
     constitutionally permissible, be effective for sentencing 
     proceedings in cases in which the defendant is convicted on 
     or after the date of enactment of this Act.
     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

     SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

       (a) Exception to Foreign Sovereign Immunity for Certain 
     Cases.--Section 1605 of title 28, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) by striking ``or'' at the end of paragraph (5);
       (B) by striking the period at the end of paragraph (6) and 
     inserting ``; or''; and
       (C) by adding at the end the following new paragraph:
       ``(7) not otherwise covered by paragraph (2), in which 
     money damages are sought against a foreign state for personal 
     injury or death that was caused by an act of torture, 
     extrajudicial killing, aircraft sabotage, hostage taking, or 
     the provision of material support or resources (as defined in 
     section 2339A of title 18) for such an act if such act or 
     provision of material support is engaged in by an official, 
     employee, or agent of such foreign state while acting within 
     the scope of his or her office, employment, or agency, except 
     that the court shall decline to hear a claim under this 
     paragraph--
       ``(A) if the foreign state was not designated as a state 
     sponsor of terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S. App. 2405(j)) or section 
     620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) 
     at the time the act occurred, unless later so designated as a 
     result of such act; and
       ``(B) even if the foreign state is or was so designated, 
     if--
       ``(i) the act occurred in the foreign state against which 
     the claim has been brought and the claimant has not afforded 
     the foreign state a reasonable opportunity to arbitrate the 
     claim in accordance with accepted international rules of 
     arbitration; or
       ``(ii) the claimant or victim was not a national of the 
     United States (as that term is defined in section 101(a)(22) 
     of the Immigration and Nationality Act) when the act upon 
     which the claim is based occurred.''; and
       (2) by adding at the end the following:
       ``(e) For purposes of paragraph (7) of subsection (a)--
       ``(1) the terms `torture' and `extrajudicial killing' have 
     the meaning given those terms in section 3 of the Torture 
     Victim Protection Act of 1991;
       ``(2) the term `hostage taking' has the meaning given that 
     term in Article 1 of the International Convention Against the 
     Taking of Hostages; and
       ``(3) the term `aircraft sabotage' has the meaning given 
     that term in Article 1 of the Convention for the Suppression 
     of Unlawful Acts Against the Safety of Civil Aviation.
       ``(f) No action shall be maintained under subsection (a)(7) 
     unless the action is commenced not later than 10 years after 
     the date on which the cause of action arose. All principles 
     of equitable tolling, including the period during which the 
     foreign state was immune from suit, shall apply in 
     calculating this limitation period.
       ``(g) Limitation on Discovery.--If an action is filed that 
     would otherwise be barred by section 1604, but for subsection 
     (a)(7), the court, upon request of the Attorney General shall 
     stay any request, demand, or order for discovery that the 
     Attorney General certifies will interfere with a criminal 
     investigation or prosecution, or a national security 
     operation, related to the incident that gave rise to the 
     cause of action, until such time as the Attorney General 
     advises the court that such request, demand, or order will 
     not longer so interfere.''.
       (b) Exception to Immunity From Attachment.--
       (1) Foreign state.--Section 1610(a) of title 28, United 
     States Code, is amended--
       (A) by striking the period at the end of paragraph (6) and 
     inserting ``, or''; and
       (B) by adding at the end the following new paragraph:
       ``(7) the judgment relates to a claim for which the foreign 
     state is not immune under section 1605(a)(7), regardless of 
     whether the property is or was involved with the act upon 
     which the claim is based.''.
       (2) Agency or instrumentality.--Section 1610(b)(2) of title 
     28, United States Code, is amended--
       (A) by striking ``or (5)'' and inserting ``(5), or (7)''; 
     and
       (B) by striking ``used for the activity'' and inserting 
     ``involved in the act''.
       (c) Applicability.--The amendments made by this subtitle 
     shall apply to any cause of action arising before, on, or 
     after the date of the enactment of this Act.
             Subtitle C--Assistance to Victims of Terrorism

     SEC. 231. SHORT TITLE.

       This subtitle may be cited as the ``Justice for Victims of 
     Terrorism Act of 1996''.

     SEC. 232. VICTIMS OF TERRORISM ACT.

       (a) Authority To Provide Assistance and Compensation to 
     Victims of Terrorism.--The Victims of Crime Act of 1984 (42 
     U.S.C. 10601 et seq.) is amended by inserting after section 
     1404A the following new section:

     ``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF 
                   TERRORISM OR MASS VIOLENCE.

       ``(a) Victims of Acts of Terrorism Outside the United 
     States.--The Director may make supplemental grants as 
     provided in section 1404(a) to States to provide compensation 
     and assistance to the residents of such States who, while 
     outside of the territorial boundaries of the United States, 
     are victims of a terrorist act or mass violence and are not 
     persons eligible for compensation under title VIII of the 
     Omnibus Diplomatic Security and Antiterrorism Act of 1986.
       ``(b) Victims of Terrorism Within the United States.--The 
     Director may make supplemental grants as provided in section 
     1404(d)(4)(B) to States for eligible crime victim 
     compensation and assistance programs to provide emergency 
     relief, including crisis response efforts, assistance, 
     training, and technical assistance, for the benefit of 
     victims of terrorist acts or mass violence occurring within 
     the United States and may provide funding to United States 
     Attorney's Offices for use in coordination with State victim 
     compensation and assistance efforts in providing emergency 
     relief.''.
       (b) Funding of Compensation and Assistance to Victims of 
     Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of 
     the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is 
     amended to read as follows:
       ``(4)(A) If the sums available in the Fund are sufficient 
     to fully provide grants to the States pursuant to section 
     1403(a)(1), the Director may retain any portion of the Fund 
     that was deposited during a fiscal year that was in excess of 
     110 percent of the total amount deposited in the Fund during 
     the preceding fiscal year as an emergency reserve. Such 
     reserve shall not exceed $50,000,000.
       ``(B) The emergency reserve referred to in subparagraph (A) 
     may be used for supplemental grants under section 1404B and 
     to supplement the funds available to provide grants to States 
     for compensation and assistance in accordance with sections 
     1403 and 1404 in years in which supplemental grants are 
     needed.''.
       (c) Crime Victims Fund Amendments.--
       (1) Unobligated funds.--Section 1402 of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10601) is amended--
       (A) in subsection (c), by striking ``subsection'' and 
     inserting ``chapter''; and
       (B) by amending subsection (e) to read as follows:
       ``(e) Amounts Awarded and Unspent.--Any amount awarded as 
     part of a grant under this

[[Page H3314]]

     chapter that remains unspent at the end of a fiscal year in 
     which the grant is made may be expended for the purpose for 
     which the grant is made at any time during the 2 succeeding 
     fiscal years, at the end of which period, any remaining 
     unobligated sums in excess of $500,000 shall be returned to 
     the Treasury. Any remaining unobligated sums in an amount 
     less than $500,000 shall be returned to the Fund.''.
       (2) Base amount.--Section 1404(a)(5) of the Victims of 
     Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read 
     as follows:
       ``(5) As used in this subsection, the term `base amount' 
     means--
       ``(A) except as provided in subparagraph (B), $500,000; and
       ``(B) for the territories of the Northern Mariana Islands, 
     Guam, American Samoa, and the Republic of Palau, $200,000, 
     with the Republic of Palau's share governed by the Compact of 
     Free Association between the United States and the Republic 
     of Palau.''.

     SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.

       (a) Requiring Compensation for Terrorist Crimes.--Section 
     1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602(d)(3)) is amended--
       (1) by inserting ``crimes involving terrorism,'' before 
     ``driving while intoxicated''; and
       (2) by inserting a comma after ``driving while 
     intoxicated''.
       (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the 
     Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is 
     amended by inserting ``are outside of the United States (if 
     the compensable crime is terrorism, as defined in section 
     2331 of title 18, United States Code), or'' before ``are 
     States not having''.
       (c) Designation of Cartney McRaven Child Development 
     Center.--
       (1) Designation.--
       (A) In general.--The Federal building at 1314 LeMay 
     Boulevard, Ellsworth Air Force Base, South Dakota, shall be 
     known as the ``Cartney McRaven Child Development Center''.
       (B) Replacement building.--If, after the date of enactment 
     of this Act, a new Federal building is built at the location 
     described in subparagraph (A) to replace the building 
     described in the paragraph, the new Federal building shall be 
     known as the ``Cartney McRaven Child Development Center''.
       (2) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to a 
     Federal building referred to in paragraph (1) shall be deemed 
     to be a reference to the ``Cartney McRaven Child Development 
     Center''.
       (d) Effective Date.--This section and the amendments made 
     by this section shall take effect 1 year after the date of 
     enactment of this Act.

     SEC. 234. CRIME VICTIMS FUND.

       (a) Prohibition of Payments to Delinquent Criminal Debtors 
     by State Crime Victim Compensation Programs.--
       (1) In general.--Section 1403(b) of the Victims of Crime 
     Act of 1984 (42 U.S.C. 10602(b)) is amended--
       (A) by striking ``and'' at the end of paragraph (7);
       (B) by redesignating paragraph (8) as paragraph (9); and
       (C) by inserting after paragraph (7) the following new 
     paragraph:
       ``(8) such program does not provide compensation to any 
     person who has been convicted of an offense under Federal law 
     with respect to any time period during which the person is 
     delinquent in paying a fine, other monetary penalty, or 
     restitution imposed for the offense; and''.
       (2) Application of amendment.--Section 1403(b)(8) of the 
     Victims of Crime Act of 1984, as added by paragraph (1) of 
     this section, shall not be applied to deny victims 
     compensation to any person until the date on which the 
     Attorney General, in consultation with the Director of the 
     Administrative Office of the United States Courts, issues a 
     written determination that a cost-effective, readily 
     available criminal debt payment tracking system operated by 
     the agency responsible for the collection of criminal debt 
     has established cost-effective, readily available 
     communications links with entities that administer Federal 
     victim compensation programs that are sufficient to ensure 
     that victim compensation is not denied to any person except 
     as authorized by law.
       (b) Exclusion From Income for Purposes of Means Tests.--
     Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 
     10602) is amended by inserting after subsection (b) the 
     following new subsection:
       ``(c) Exclusion From Income for Purposes of Means Tests.--
     Notwithstanding any other law, for the purpose of any maximum 
     allowed income eligibility requirement in any Federal, State, 
     or local government program using Federal funds that provides 
     medical or other assistance (or payment or reimbursement of 
     the cost of such assistance) that becomes necessary to an 
     applicant for such assistance in full or in part because of 
     the commission of a crime against the applicant, as 
     determined by the Director, any amount of crime victim 
     compensation that the applicant receives through a crime 
     victim compensation program under this section shall not be 
     included in the income of the applicant until the total 
     amount of assistance that the applicant receives from all 
     such programs is sufficient to fully compensate the applicant 
     for losses suffered as a result of the crime.''.

     SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR 
                   VICTIMS OF CRIME.

       (a) In General.--Notwithstanding any provision of the 
     Federal Rules of Criminal Procedure to the contrary, in order 
     to permit victims of crime to watch criminal trial 
     proceedings in cases where the venue of the trial is 
     changed--
       (1) out of the State in which the case was initially 
     brought; and
       (2) more than 350 miles from the location in which those 
     proceedings originally would have taken place;
     the trial court shall order closed circuit televising of the 
     proceedings to that location, for viewing by such persons the 
     court determines have a compelling interest in doing so and 
     are otherwise unable to do so by reason of the inconvenience 
     and expense caused by the change of venue.
       (b) Limited Access.--
       (1) Generally.--No other person, other than official court 
     and security personnel, or other persons specifically 
     designated by the court, shall be permitted to view the 
     closed circuit televising of the proceedings.
       (2) Exception.--The court shall not designate a person 
     under paragraph (1) if the presiding judge at the trial 
     determines that testimony by that person would be materially 
     affected if that person heard other testimony at the trial.
       (c) Restrictions.--
       (1) The signal transmitted pursuant to subsection (a) shall 
     be under the control of the court at all times and shall only 
     be transmitted subject to the terms and conditions imposed by 
     the court.
       (2) No public broadcast or dissemination shall be made of 
     the signal transmitted pursuant to subsection (a). In the 
     event any tapes are produced in carrying out subsection (a), 
     such tapes shall be the property of the court and kept under 
     seal.
       (3) Any violations of this subsection, or any rule or order 
     made pursuant to this section, shall be punishable as 
     contempt of court as described in section 402 of title 18, 
     United States Code.
       (d) Donations.--The Administrative Office of the United 
     States Courts may accept donations to enable the courts to 
     carry out subsection (a).
       (e) Construction.--
       (1) Nothing in this section shall be construed--
       (i) to create in favor of any person a cause of action 
     against the United States or any officer or employees 
     thereof, or
       (ii) to provide any person with a defense in any action in 
     which application of this section is made.
       (f) Definition.--As used in this section, the term 
     ``State'' means any State, the District of Columbia, or any 
     possession or territory of the United States.
       (g) Rules.--The Judicial Conference of the United States, 
     pursuant to its rule making authority under section 331 of 
     title 28, United States Code, may promulgate and issue rules, 
     or amend existing rules, to effectuate the policy addressed 
     by this section. Upon the implementation of such rules, this 
     section shall cease to be effective.
       (h) Effective Date.--This section shall only apply to cases 
     filed after January 1, 1995.

     SEC. 236. TECHNICAL CORRECTION.

       Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 
     (42 U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A'' 
     and inserting ``1404(a)''.
            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
     Subtitle A--Prohibition on International Terrorist Fundraising

     SEC. 301. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) international terrorism is a serious and deadly problem 
     that threatens the vital interests of the United States;
       (2) the Constitution confers upon Congress the power to 
     punish crimes against the law of nations and to carry out the 
     treaty obligations of the United States, and therefore 
     Congress may by law impose penalties relating to the 
     provision of material support to foreign organizations 
     engaged in terrorist activity;
       (3) the power of the United States over immigration and 
     naturalization permits the exclusion from the United States 
     of persons belonging to international terrorist 
     organizations;
       (4) international terrorism affects the interstate and 
     foreign commerce of the United States by harming 
     international trade and market stability, and limiting 
     international travel by United States citizens as well as 
     foreign visitors to the United States;
       (5) international cooperation is required for an effective 
     response to terrorism, as demonstrated by the numerous 
     multilateral conventions in force providing universal 
     prosecutive jurisdiction over persons involved in a variety 
     of terrorist acts, including hostage taking, murder of an 
     internationally protected person, and aircraft piracy and 
     sabotage;
       (6) some foreign terrorist organizations, acting through 
     affiliated groups or individuals, raise significant funds 
     within the United States, or use the United States as a 
     conduit for the receipt of funds raised in other nations; and
       (7) foreign organizations that engage in terrorist activity 
     are so tainted by their criminal conduct that any 
     contribution to such an organization facilitates that 
     conduct.
       (b) Purpose.--The purpose of this subtitle is to provide 
     the Federal Government the fullest possible basis, consistent 
     with the Constitution, to prevent persons within the United 
     States, or subject to the jurisdiction of the United States, 
     from providing material support or resources to foreign 
     organizations that engage in terrorist activities.

     SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.

       ``(a) Designation.--

[[Page H3315]]

       ``(1) In general.--The Secretary is authorized to designate 
     an organization as a terrorist organization in accordance 
     with this subsection if the Secretary finds that--
       ``(A) the organization is a foreign organization;
       ``(B) the organization engages in terrorist activity (as 
     defined in section 212(a)(3)(B)); and
       ``(C) the terrorist activity of the organization threatens 
     the security of United States nationals or the national 
     security of the United States.
       ``(2) Procedure.--
       ``(A) Notice.--Seven days before making a designation under 
     this subsection, the Secretary shall, by classified 
     communication--
       ``(i) notify the Speaker and Minority Leader of the House 
     of Representatives, the President pro tempore, Majority 
     Leader, and Minority Leader of the Senate, and the members of 
     the relevant committees, in writing, of the intent to 
     designate an organization under this subsection, together 
     with the findings made under paragraph (1) with respect to 
     that organization, and the factual basis therefor; and
       ``(ii) seven days after such notification, publish the 
     designation in the Federal Register.
       ``(B) Effect of designation.--
       ``(i) For purposes of section 2339B of title 18, United 
     States Code, a designation under this subsection shall take 
     effect upon publication under subparagraph (A).
       ``(ii) Any designation under this subsection shall cease to 
     have effect upon an Act of Congress disapproving such 
     designation.
       ``(C) Freezing of assets.--Upon notification under 
     paragraph (2), the Secretary of the Treasury may require 
     United States financial institutions possessing or 
     controlling any assets of any organization included in the 
     notification to block all financial transactions involving 
     those assets until further directive from either the 
     Secretary of the Treasury, Act of Congress, or order of 
     court.
       ``(3) Record.--
       ``(A) In general.--In making a designation under this 
     subsection, the Secretary shall create an administrative 
     record.
       ``(B) Classified information.--The Secretary may consider 
     classified information in making a designation under this 
     subsection. Classified information shall not be subject to 
     disclosure for such time as it remains classified, except 
     that such information may be disclosed to a court ex parte 
     and in camera for purposes of judicial review under 
     subsection (c).
       ``(4) Period of designation.--
       ``(A) In general.--Subject to paragraphs (5) and (6), a 
     designation under this subsection shall be effective for all 
     purposes for a period of 2 years beginning on the effective 
     date of the designation under paragraph (2)(B).
       ``(B) Redesignation.--The Secretary may redesignate a 
     foreign organization as a terrorist organization for an 
     additional 2-year period at the end of the 2-year period 
     referred to in subparagraph (A) (but not sooner than 60 days 
     prior to the termination of such period) upon a finding that 
     the relevant circumstances described in paragraph (1) still 
     exist. The procedural requirements of paragraphs (2) and (3) 
     shall apply to a redesignation under this subparagraph.
       ``(5) Revocation by act of congress.--The Congress, by an 
     Act of Congress, may block or revoke a designation made under 
     paragraph (1).
       ``(6) Revocation based on change in circumstances.--
       ``(A) In general.--The Secretary may revoke a designation 
     made under paragraph (1) if the Secretary finds that--
       ``(i) the circumstances that were the basis for the 
     designation have changed in such a manner as to warrant 
     revocation of the designation; or
       ``(ii) the national security of the United States warrants 
     a revocation of the designation.
       ``(B) Procedure.--The procedural requirements of paragraphs 
     (2) through (4) shall apply to a revocation under this 
     paragraph.
       ``(7) Effect of revocation.--The revocation of a 
     designation under paragraph (5) or (6) shall not affect any 
     action or proceeding based on conduct committed prior to the 
     effective date of such revocation.
       ``(8) Use of designation in trial or hearing.--If a 
     designation under this subsection has become effective under 
     paragraph (1)(B), a defendant in a criminal action shall not 
     be permitted to raise any question concerning the validity of 
     the issuance of such designation as a defense or an objection 
     at any trial or hearing.
       ``(b) Judicial Review of Designation.--
       ``(1) In general.--Not later than 30 days after publication 
     of the designation in the Federal Register, an organization 
     designated as a foreign terrorist organization may seek 
     judicial review of the designation in the United States Court 
     of Appeals for the District of Columbia Circuit.
       ``(2) Basis of review.--Review under this subsection shall 
     be based solely upon the administrative record, except that 
     the Government may submit, for ex parte and in camera review, 
     classified information used in making the designation.
       ``(3) Scope of review.--The Court shall hold unlawful and 
     set aside a designation the court finds to be--
       ``(A) arbitrary, capricious, an abuse of discretion, or 
     otherwise not in accordance with law;
       ``(B) contrary to constitutional right, power, privilege, 
     or immunity; or
       ``(C) in excess of statutory jurisdiction, authority, or 
     limitation, or short of statutory right.
       ``(4) Judicial review invoked.--The pendency of an action 
     for judicial review of a designation shall not affect the 
     application of this section, unless the court issues a final 
     order setting aside the designation.
       ``(c) Definitions.--As used in this section--
       ``(1) the term `classified information' has the meaning 
     given that term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.);
       ``(2) the term `national security' means the national 
     defense, foreign relations, or economic interests of the 
     United States;
       ``(3) the term `relevant committees' means the Committees 
     on the Judiciary, Intelligence, and Foreign Relations of the 
     Senate and the Committees on the Judiciary, Intelligence, and 
     International Relations of the House of Representatives; and
       ``(4) the term `Secretary' means the Secretary of State, in 
     consultation with the Secretary of the Treasury and the 
     Attorney General.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act, relating to terrorism, is 
     amended by inserting after the item relating to section 218 
     the following new item:

``Sec. 219. Designation of foreign terrorist organizations.''.

     SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2339B. Providing material support or resources to 
       designated foreign terrorist organizations

       ``(a) Prohibited Activities.--
       ``(1) Unlawful conduct.--Whoever, within the United States 
     or subject to the jurisdiction of the United States, 
     knowingly provides material support or resources to a foreign 
     terrorist organization, or attempts or conspires to do so, 
     shall be fined under this title or imprisoned not more than 
     10 years, or both.
       ``(2) Financial institutions.--Except as authorized by the 
     Secretary, any financial institution that becomes aware that 
     it has possession of, or control over, any funds in which a 
     foreign terrorist organization, or its agent, has an 
     interest, shall--
       ``(A) retain possession of, or maintain control over, such 
     funds; and
       ``(B) report to the Secretary the existence of such funds 
     in accordance with regulations issued by the Secretary.
       ``(b) Civil Penalty.--Any financial institution that 
     knowingly fails to comply with subsection (a)(2) shall be 
     subject to a civil penalty in an amount that is the greater 
     of--
       ``(A) $50,000 per violation; or
       ``(B) twice the amount of which the financial institution 
     was required under subsection (a)(2) to retain possession or 
     control.
       ``(c) Injunction.--Whenever it appears to the Secretary or 
     the Attorney General that any person is engaged in, or is 
     about to engage in, any act that constitutes, or would 
     constitute, a violation of this section, the Attorney General 
     may initiate civil action in a district court of the United 
     States to enjoin such violation.
       ``(d) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction over an offense under 
     this section.
       ``(e) Investigations.--
       ``(1) In general.--The Attorney General shall conduct any 
     investigation of a possible violation of this section, or of 
     any license, order, or regulation issued pursuant to this 
     section.
       ``(2) Coordination with the department of the treasury.--
     The Attorney General shall work in coordination with the 
     Secretary in investigations relating to--
       ``(A) the compliance or noncompliance by a financial 
     institution with the requirements of subsection (a)(2); and
       ``(B) civil penalty proceedings authorized under subsection 
     (b).
       ``(3) Referral.--Any evidence of a criminal violation of 
     this section arising in the course of an investigation by the 
     Secretary or any other Federal agency shall be referred 
     immediately to the Attorney General for further 
     investigation. The Attorney General shall timely notify the 
     Secretary of any action taken on referrals from the 
     Secretary, and may refer investigations to the Secretary for 
     remedial licensing or civil penalty action.
       ``(f) Classified Information in Civil Proceedings Brought 
     by the United States.--
       ``(1) Discovery of classified information by defendants.--
       ``(A) Request by united states.--In any civil proceeding 
     under this section, upon request made ex parte and in writing 
     by the United States, a court, upon a sufficient showing, may 
     authorize the United States to--
       ``(i) redact specified items of classified information from 
     documents to be introduced into evidence or made available to 
     the defendant through discovery under the Federal Rules of 
     Civil Procedure;
       ``(ii) substitute a summary of the information for such 
     classified documents; or
       ``(iii) substitute a statement admitting relevant facts 
     that the classified information would tend to prove.
       ``(B) Order granting request.--If the court enters an order 
     granting a request under this paragraph, the entire text of 
     the documents to which the request relates shall be sealed 
     and preserved in the records of the court to be made 
     available to the appellate court in the event of an appeal.
       ``(C) Denial of request.--If the court enters an order 
     denying a request of the United States under this paragraph, 
     the United States may take an immediate, interlocutory appeal 
     in accordance with paragraph (5). For purposes of such an 
     appeal, the entire text of the documents to which the request 
     relates, together with any transcripts of arguments made ex 
     parte to the court in connection therewith, shall be 
     maintained under seal and delivered to the appellate court.
       ``(2) Introduction of classified information; precautions 
     by court.--
       ``(A) Exhibits.--To prevent unnecessary or inadvertent 
     disclosure of classified information in a civil proceeding 
     brought by the United States under this section, the United 
     States may

[[Page H3316]]

     petition the court ex parte to admit, in lieu of classified 
     writings, recordings, or photographs, one or more of the 
     following:
       ``(i) Copies of items from which classified information has 
     been redacted.
       ``(ii) Stipulations admitting relevant facts that specific 
     classified information would tend to prove.
       ``(iii) A declassified summary of the specific classified 
     information.
       ``(B) Determination by court.--The court shall grant a 
     request under this paragraph if the court finds that the 
     redacted item, stipulation, or summary is sufficient to allow 
     the defendant to prepare a defense.
       ``(3) Taking of trial testimony.--
       ``(A) Objection.--During the examination of a witness in 
     any civil proceeding brought by the United States under this 
     subsection, the United States may object to any question or 
     line of inquiry that may require the witness to disclose 
     classified information not previously found to be admissible.
       ``(B) Action by court.--In determining whether a response 
     is admissible, the court shall take precautions to guard 
     against the compromise of any classified information, 
     including--
       ``(i) permitting the United States to provide the court, ex 
     parte, with a proffer of the witness's response to the 
     question or line of inquiry; and
       ``(ii) requiring the defendant to provide the court with a 
     proffer of the nature of the information that the defendant 
     seeks to elicit.
       ``(C) Obligation of defendant.--In any civil proceeding 
     under this section, it shall be the defendant's obligation to 
     establish the relevance and materiality of any classified 
     information sought to be introduced.
       ``(4) Appeal.--If the court enters an order denying a 
     request of the United States under this subsection, the 
     United States may take an immediate interlocutory appeal in 
     accordance with paragraph (5).
       ``(5) Interlocutory appeal.--
       ``(A) Subject of appeal.--An interlocutory appeal by the 
     United States shall lie to a court of appeals from a decision 
     or order of a district court--
       ``(i) authorizing the disclosure of classified information;
       ``(ii) imposing sanctions for nondisclosure of classified 
     information; or
       ``(iii) refusing a protective order sought by the United 
     States to prevent the disclosure of classified information.
       ``(B) Expedited consideration.--
       ``(i) In general.--An appeal taken pursuant to this 
     paragraph, either before or during trial, shall be expedited 
     by the court of appeals.
       ``(ii) Appeals prior to trial.--If an appeal is of an order 
     made prior to trial, an appeal shall be taken not later than 
     10 days after the decision or order appealed from, and the 
     trial shall not commence until the appeal is resolved.
       ``(iii) Appeals during trial.--If an appeal is taken during 
     trial, the trial court shall adjourn the trial until the 
     appeal is resolved, and the court of appeals--

       ``(I) shall hear argument on such appeal not later than 4 
     days after the adjournment of the trial;
       ``(II) may dispense with written briefs other than the 
     supporting materials previously submitted to the trial court;
       ``(III) shall render its decision not later than 4 days 
     after argument on appeal; and
       ``(IV) may dispense with the issuance of a written opinion 
     in rendering its decision.

       ``(C) Effect of ruling.--An interlocutory appeal and 
     decision shall not affect the right of the defendant, in a 
     subsequent appeal from a final judgment, to claim as error 
     reversal by the trial court on remand of a ruling appealed 
     from during trial.
       ``(6) Construction.--Nothing in this subsection shall 
     prevent the United States from seeking protective orders or 
     asserting privileges ordinarily available to the United 
     States to protect against the disclosure of classified 
     information, including the invocation of the military and 
     State secrets privilege.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `classified information' has the meaning 
     given that term in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.);
       ``(2) the term `financial institution' has the same meaning 
     as in section 5312(a)(2) of title 31, United States Code;
       ``(3) the term `funds' includes coin or currency of the 
     United States or any other country, traveler's checks, 
     personal checks, bank checks, money orders, stocks, bonds, 
     debentures, drafts, letters of credit, any other negotiable 
     instrument, and any electronic representation of any of the 
     foregoing;
       ``(4) the term `material support or resources' has the same 
     meaning as in section 2339A;
       ``(5) the term `representative' includes an officer, 
     official, or spokesperson of an organization and any person 
     who directs, counsels, commands, or induces an organization 
     or its members to engage in terrorist activity;
       ``(6) the term `Secretary' means the Secretary of the 
     Treasury; and
       ``(7) the term `terrorist organization' means an 
     organization designated as a terrorist organization under 
     section 219 of the Immigration and Nationality Act.''.
       (b) Clerical Amendment to table of sections.--The table of 
     sections at the beginning of chapter 113B of title 18, United 
     States Code, is amended by adding at the end the following 
     new item:

``2339B. Providing material support or resources to designated foreign 
              terrorist organizations.''.

       (c) Technical Amendment.--
       (1) New item.--Chapter 113B of title 18, United States 
     Code, relating to torture, is redesignated as chapter 113C.
       (2) Table of chapters.--The table of chapters for part I of 
     title 18, United States Code, is amended by striking ``113B. 
     Torture'' and inserting ``113C. Torture''.
       Subtitle B--Prohibition on Assistance to Terrorist States

     SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.

       (a) In General.--Chapter 113B of title 18, United States 
     Code, relating to terrorism, is amended by inserting after 
     the section 2332c added by section 521 of this Act the 
     following new section:

     ``Sec. 2332d. Financial transactions

       ``(a) Offense.--Except as provided in regulations issued by 
     the Secretary of State, in consultation with the Secretary of 
     the Treasury, whoever, being a United States person, knowing 
     or having reasonable cause to know that a country is 
     designated under section 6(j) of the Export Administration 
     Act (50 U.S.C. App. 2405) as a country supporting 
     international terrorism, engages in a financial transaction 
     with that country, shall be fined under this title, 
     imprisoned for not more than 10 years, or both.
       ``(b) Definitions.--As used in this section--
       ``(1) the term `financial transaction' has the same meaning 
     as in section 1956(c)(4); and
       ``(2) the term `United States person' means any--
       ``(A) United States citizen or national;
       ``(B) permanent resident alien;
       ``(C) juridical person organized under the laws of the 
     United States; or
       ``(D) any person in the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, 
     relating to terrorism, is amended by inserting after the item 
     added by section 521 of this Act the following new item:

``2332d. Financial transactions.''.

     SEC. 322. FOREIGN AIR TRAVEL SAFETY.

       Section 44906 of title 49, United States Code, is amended 
     to read as follows:

     ``Sec. 44906. Foreign air carrier security programs

       ``The Administrator of the Federal Aviation Administration 
     shall continue in effect the requirement of section 129.25 of 
     title 14, Code of Federal Regulations, that a foreign air 
     carrier must adopt and use a security program approved by the 
     Administrator. The Administrator shall not approve a security 
     program of a foreign air carrier under section 129.25, or any 
     successor regulation, unless the security program requires 
     the foreign air carrier in its operations to and from 
     airports in the United States to adhere to the identical 
     security measures that the Administrator requires air 
     carriers serving the same airports to adhere to. The 
     foregoing requirement shall not be interpreted to limit the 
     ability of the Administrator to impose additional security 
     measures on a foreign air carrier or an air carrier when the 
     Administrator determines that a specific threat warrants such 
     additional measures. The Administrator shall prescribe 
     regulations to carry out this section.''.

     SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION.

       Section 2339A of title 18, United States Code, is amended 
     to read as follows:

     ``Sec. 2339A. Providing material support to terrorists

       ``(a) Offense.--Whoever, within the United States, provides 
     material support or resources or conceals or disguises the 
     nature, location, source, or ownership of material support or 
     resources, knowing or intending that they are to be used in 
     preparation for, or in carrying out, a violation of section 
     32, 37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 
     956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155, 
     2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title 
     or section 46502 of title 49, or in preparation for, or in 
     carrying out, the concealment from the commission of any such 
     violation, shall be fined under this title, imprisoned not 
     more than 10 years, or both.
       ``(b) Definition.--In this section, the term `material 
     support or resources' means currency or other financial 
     securities, financial services, lodging, training, 
     safehouses, false documentation or identification, 
     communications equipment, facilities, weapons, lethal 
     substances, explosives, personnel, transportation, and other 
     physical assets, except medicine or religious materials.''.

     SEC. 324. FINDINGS.

       The Congress finds that--
       (1) international terrorism is among the most serious 
     transnational threats faced by the United States and its 
     allies, far eclipsing the dangers posed by population growth 
     or pollution;
       (2) the President should continue to make efforts to 
     counter international terrorism a national security priority;
       (3) because the United Nations has been an inadequate forum 
     for the discussion of cooperative, multilateral responses to 
     the threat of international terrorism, the President should 
     undertake immediate efforts to develop effective multilateral 
     responses to international terrorism as a complement to 
     national counter terrorist efforts;
       (4) the President should use all necessary means, including 
     covert action and military force, to disrupt, dismantle, and 
     destroy international infrastructure used by international 
     terrorists, including overseas terrorist training facilities 
     and safe havens;
       (5) the Congress deplores decisions to ease, evade, or end 
     international sanctions on state sponsors of terrorism, 
     including the recent decision by the United Nations Sanctions 
     Committee to allow airline flights to and from Libya despite 
     Libya's noncompliance with United Nations resolutions; and

[[Page H3317]]

       (6) the President should continue to undertake efforts to 
     increase the international isolation of state sponsors of 
     international terrorism, including efforts to strengthen 
     international sanctions, and should oppose any future 
     initiatives to ease sanctions on Libya or other state 
     sponsors of terrorism.

     SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID 
                   TERRORIST STATES.

       The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
     is amended by adding immediately after section 620F the 
     following new section:

     ``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID 
                   TERRORIST STATES.

       ``(a) Withholding of Assistance.--The President may 
     withhold assistance under this Act to the government of any 
     country that provides assistance to the government of any 
     other country for which the Secretary of State has made a 
     determination under section 620A.
       ``(b) Waiver.--Assistance prohibited by this section may be 
     furnished to a foreign government described in subsection (a) 
     if the President determines that furnishing such assistance 
     is important to the national interests of the United States 
     and, not later than 15 days before obligating such 
     assistance, furnishes a report to the appropriate committees 
     of Congress including--
       ``(1) a statement of the determination;
       ``(2) a detailed explanation of the assistance to be 
     provided;
       ``(3) the estimated dollar amount of the assistance; and
       ``(4) an explanation of how the assistance furthers United 
     States national interests.''.

     SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE 
                   MILITARY EQUIPMENT TO TERRORIST STATES.

       The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) 
     is amended by adding immediately after section 620G the 
     following new section:

     ``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT 
                   PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES.

       ``(a) Prohibition.--
       ``(1) In general.--The President may withhold assistance 
     under this Act shall be provided to the government of any 
     country that provides lethal military equipment to a country 
     the government of which the Secretary of State has determined 
     is a terrorist government for the purposes of 6(j) of the 
     Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), 
     or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371).
       ``(2) Applicability.--The prohibition under this section 
     with respect to a foreign government shall terminate 1 year 
     after that government ceases to provide lethal military 
     equipment. This section applies with respect to lethal 
     military equipment provided under a contract entered into 
     after the date of enactment of this Act.
       ``(b) Waiver.--Notwithstanding any other provision of law, 
     assistance may be furnished to a foreign government described 
     in subsection (a) if the President determines that furnishing 
     such assistance is important to the national interests of the 
     United States and, not later than 15 days before obligating 
     such assistance, furnishes a report to the appropriate 
     committees of Congress including--
       ``(1) a statement of the determination;
       ``(2) a detailed explanation of the assistance to be 
     provided;
       ``(3) the estimated dollar amount of the assistance; and
       ``(4) an explanation of how the assistance furthers United 
     States national interests.''.

     SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL 
                   INSTITUTIONS TO TERRORIST STATES.

       The International Financial Institutions Act (22 U.S.C. 
     262c et seq.) is amended by inserting after section 1620 the 
     following new section:

     ``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL 
                   FINANCIAL INSTITUTIONS TO TERRORIST STATES.

       ``(a) In General.--The Secretary of the Treasury shall 
     instruct the United States executive director of each 
     international financial institution to use the voice and vote 
     of the United States to oppose any loan or other use of the 
     funds of the respective institution to or for a country for 
     which the Secretary of State has made a determination under 
     section 6(j) of the Export Administration Act of 1979 (50 
     U.S.C. App. 2405(j)) or section 620A of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2371).
       ``(b) Definition.--For purposes of this section, the term 
     `international financial institution' includes--
       ``(1) the International Bank for Reconstruction and 
     Development, the International Development Association, and 
     the International Monetary Fund;
       ``(2) wherever applicable, the Inter-American Bank, the 
     Asian Development Bank, the European Bank for Reconstruction 
     and Development, the African Development Bank, and the 
     African Development Fund; and
       ``(3) any similar institution established after the date of 
     enactment of this section.''.

     SEC. 328. ANTITERRORISM ASSISTANCE.

       (a) Foreign Assistance Act.--Section 573 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended--
       (1) in subsection (c), by striking ``development and 
     implementation of the antiterrorism assistance program under 
     this chapter, including'';
       (2) by amending subsection (d) to read as follows:
       ``(d)(1) Arms and ammunition may be provided under this 
     chapter only if they are directly related to antiterrorism 
     assistance.
       ``(2) The value (in terms of original acquisition cost) of 
     all equipment and commodities provided under this chapter in 
     any fiscal year shall not exceed 30 percent of the funds made 
     available to carry out this chapter for that fiscal year.''; 
     and
       (3) by striking subsection (f).
       (b) Assistance to Foreign Countries To Procure Explosives 
     Detection Devices and Other Counterterrorism Technology.--(1) 
     Subject to section 575(b), up to $3,000,000 in any fiscal 
     year may be made available--
       (A) to procure explosives detection devices and other 
     counterterrorism technology; and
       (B) for joint counterterrorism research and development 
     projects on such technology conducted with NATO and major 
     non-NATO allies under the auspices of the Technical Support 
     Working Group of the Department of State.
       (2) As used in this subsection, the term ``major non-NATO 
     allies'' means those countries designated as major non-NATO 
     allies for purposes of section 2350a(i)(3) of title 10, 
     United States Code.
       (c) Assistance to Foreign Countries.--Notwithstanding any 
     other provision of law (except section 620A of the Foreign 
     Assistance Act of 1961) up to $1,000,000 in assistance may be 
     provided to a foreign country for counterterrorism efforts in 
     any fiscal year if--
       (1) such assistance is provided for the purpose of 
     protecting the property of the United States Government or 
     the life and property of any United States citizen, or 
     furthering the apprehension of any individual involved in any 
     act of terrorism against such property or persons; and
       (2) the appropriate committees of Congress are notified not 
     later than 15 days prior to the provision of such assistance.

     SEC. 329. DEFINITION OF ASSISTANCE.

       For purposes of this title--
       (1) the term ``assistance'' means assistance to or for the 
     benefit of a government of any country that is provided by 
     grant, concessional sale, guaranty, insurance, or by any 
     other means on terms more favorable than generally available 
     in the applicable market, whether in the form of a loan, 
     lease, credit, debt relief, or otherwise, including subsidies 
     for exports to such country and favorable tariff treatment of 
     articles that are the growth, product, or manufacture of such 
     country; and
       (2) the term ``assistance'' does not include assistance of 
     the type authorized under chapter 9 of part 1 of the Foreign 
     Assistance Act of 1961 (relating to international disaster 
     assistance).

     SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL 
                   ACT FOR COUNTRIES NOT COOPERATING FULLY WITH 
                   UNITED STATES ANTITERRORISM EFFORTS.

       Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et 
     seq.) is amended by adding at the end the following:
       ``Sec. 40A. Transactions With Countries Not Fully 
     Cooperating With United States Antiterrorism Efforts.--
       ``(a) Prohibited Transactions.--No defense article or 
     defense service may be sold or licensed for export under this 
     Act in a fiscal year to a foreign country that the President 
     determines and certifies to Congress, by May 15 of the 
     calendar year in which that fiscal year begins, is not 
     cooperating fully with United States antiterrorism efforts.
       ``(b) Waiver.--The President may waive the prohibition set 
     forth in subsection (a) with respect to a specific 
     transaction if the President determines that the transaction 
     is essential to the national security interests of the United 
     States.''.
      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
                Subtitle A--Removal of Alien Terrorists

     SEC. 401. ALIEN TERRORIST REMOVAL.

       (a) In General.--The Immigration and Nationality Act is 
     amended by adding at the end the following new title:
             ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

     ``SEC. 501. DEFINITIONS.

       ``As used in this title--
       ``(1) the term `alien terrorist' means any alien described 
     in section 241(a)(4)(B);
       ``(2) the term `classified information' has the same 
     meaning as in section 1(a) of the Classified Information 
     Procedures Act (18 U.S.C. App.);
       ``(3) the term `national security' has the same meaning as 
     in section 1(b) of the Classified Information Procedures Act 
     (18 U.S.C. App.);
       ``(4) the term `removal court' means the court described in 
     section 502;
       ``(5) the term `removal hearing' means the hearing 
     described in section 504; and
       ``(6) the term `removal proceeding' means a proceeding 
     under this title.

     ``SEC. 502. ESTABLISHMENT OF REMOVAL COURT.

       ``(a) Designation of Judges.--The Chief Justice of the 
     United States shall publicly designate 5 district court 
     judges from 5 of the United States judicial circuits who 
     shall constitute a court that shall have jurisdiction to 
     conduct all removal proceedings. The Chief Justice may, in 
     the Chief Justice's discretion, designate the same judges 
     under this section as are designated pursuant to section 
     103(a) of the Foreign Intelligence Surveillance Act of 1978 
     (50 U.S.C. 1803(a)).
       ``(b) Terms.--Each judge designated under subsection (a) 
     shall serve for a term of 5 years and shall be eligible for 
     redesignation, except that of the members first designated--
       ``(1) 1 member shall serve for a term of 1 year;
       ``(2) 1 member shall serve for a term of 2 years;
       ``(3) 1 member shall serve for a term of 3 years; and
       ``(4) 1 member shall serve for a term of 4 years.
       ``(c) Chief Judge.--
       ``(1) Designation.--The Chief Justice shall publicly 
     designate one of the judges of the removal court to be the 
     chief judge of the removal court.
       ``(2) Responsibilities.--The chief judge shall--

[[Page H3318]]

       ``(A) promulgate rules to facilitate the functioning of the 
     removal court; and
       ``(B) assign the consideration of cases to the various 
     judges on the removal court.
       ``(d) Expeditious and Confidential Nature of Proceedings.--
     The provisions of section 103(c) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to 
     removal proceedings in the same manner as they apply to 
     proceedings under that Act.

     ``SEC. 503. REMOVAL COURT PROCEDURE.

       ``(a) Application.--
       ``(1) In general.--In any case in which the Attorney 
     General has classified information that an alien is an alien 
     terrorist, the Attorney General may seek removal of the alien 
     under this title by filing an application with the removal 
     court that contains--
       ``(A) the identity of the attorney in the Department of 
     Justice making the application;
       ``(B) a certification by the Attorney General or the Deputy 
     Attorney General that the application satisfies the criteria 
     and requirements of this section;
       ``(C) the identity of the alien for whom authorization for 
     the removal proceeding is sought; and
       ``(D) a statement of the facts and circumstances relied on 
     by the Department of Justice to establish probable cause 
     that--
       ``(i) the alien is an alien terrorist;
       ``(ii) the alien is physically present in the United 
     States; and
       ``(iii) with respect to such alien, removal under title II 
     would pose a risk to the national security of the United 
     States.
       ``(2) Filing.--An application under this section shall be 
     submitted ex parte and in camera, and shall be filed under 
     seal with the removal court.
       ``(b) Right To Dismiss.--The Attorney General may dismiss a 
     removal action under this title at any stage of the 
     proceeding.
       ``(c) Consideration of Application.--
       ``(1) Basis for decision.--In determining whether to grant 
     an application under this section, a single judge of the 
     removal court may consider, ex parte and in camera, in 
     addition to the information contained in the application--
       ``(A) other information, including classified information, 
     presented under oath or affirmation; and
       ``(B) testimony received in any hearing on the application, 
     of which a verbatim record shall be kept.
       ``(2) Approval of order.--The judge shall issue an order 
     granting the application, if the judge finds that there is 
     probable cause to believe that--
       ``(A) the alien who is the subject of the application has 
     been correctly identified and is an alien terrorist present 
     in the United States; and
       ``(B) removal under title II would pose a risk to the 
     national security of the United States.
       ``(3) Denial of order.--If the judge denies the order 
     requested in the application, the judge shall prepare a 
     written statement of the reasons for the denial, taking all 
     necessary precautions not to disclose any classified 
     information contained in the Government's application.
       ``(d) Exclusive Provisions.--If an order is issued under 
     this section granting an application, the rights of the alien 
     regarding removal and expulsion shall be governed solely by 
     this title, and except as they are specifically referenced in 
     this title, no other provisions of this Act shall be 
     applicable.

     ``SEC. 504. REMOVAL HEARING.

       ``(a) In General.--
       ``(1) Expeditious hearing.--In any case in which an 
     application for an order is approved under section 503(c)(2), 
     a removal hearing shall be conducted under this section as 
     expeditiously as practicable for the purpose of determining 
     whether the alien to whom the order pertains should be 
     removed from the United States on the grounds that the alien 
     is an alien terrorist.
       ``(2) Public hearing.--The removal hearing shall be open to 
     the public.
       ``(b) Notice.--An alien who is the subject of a removal 
     hearing under this title shall be given reasonable notice 
     of--
       ``(1) the nature of the charges against the alien, 
     including a general account of the basis for the charges; and
       ``(2) the time and place at which the hearing will be held.
       ``(c) Rights in Hearing.--
       ``(1) Right of counsel.--The alien shall have a right to be 
     present at such hearing and to be represented by counsel. Any 
     alien financially unable to obtain counsel shall be entitled 
     to have counsel assigned to represent the alien. Such counsel 
     shall be appointed by the judge pursuant to the plan for 
     furnishing representation for any person financially unable 
     to obtain adequate representation for the district in which 
     the hearing is conducted, as provided for in section 3006A of 
     title 18, United States Code. All provisions of that section 
     shall apply and, for purposes of determining the maximum 
     amount of compensation, the matter shall be treated as if a 
     felony was charged.
       ``(2) Introduction of evidence.--Subject to the limitations 
     in subsection (e), the alien shall have a reasonable 
     opportunity to introduce evidence on the alien's own behalf.
       ``(3) Examination of witnesses.--Subject to the limitations 
     in subsection (e), the alien shall have a reasonable 
     opportunity to examine the evidence against the alien and to 
     cross-examine any witness.
       ``(4) Record.--A verbatim record of the proceedings and of 
     all testimony and evidence offered or produced at such a 
     hearing shall be kept.
       ``(5) Removal decision based on evidence at hearing.--The 
     decision of the judge regarding removal shall be based only 
     on that evidence introduced at the removal hearing.
       ``(d) Subpoenas.--
       ``(1) Request.--At any time prior to the conclusion of the 
     removal hearing, either the alien or the Department of 
     Justice may request the judge to issue a subpoena for the 
     presence of a named witness (which subpoena may also command 
     the person to whom it is directed to produce books, papers, 
     documents, or other objects designated therein) upon a 
     satisfactory showing that the presence of the witness is 
     necessary for the determination of any material matter. Such 
     a request may be made ex parte except that the judge shall 
     inform the Department of Justice of any request for a 
     subpoena by the alien for a witness or material if compliance 
     with such a subpoena would reveal classified evidence or the 
     source of that evidence. The Department of Justice shall be 
     given a reasonable opportunity to oppose the issuance of such 
     a subpoena.
       ``(2) Payment for attendance.--If an application for a 
     subpoena by the alien also makes a showing that the alien is 
     financially unable to pay for the attendance of a witness so 
     requested, the court may order the costs incurred by the 
     process and the fees of the witness so subpoenaed to be paid 
     from funds appropriated for the enforcement of title II.
       ``(3) Nationwide service.--A subpoena under this subsection 
     may be served anywhere in the United States.
       ``(4) Witness fees.--A witness subpoenaed under this 
     subsection shall receive the same fees and expenses as a 
     witness subpoenaed in connection with a civil proceeding in a 
     court of the United States.
       ``(5) No access to classified information.--Nothing in this 
     subsection is intended to allow an alien to have access to 
     classified information.
       ``(e) Discovery.--
       ``(1) In general.--For purposes of this title--
       ``(A) discovery of information derived pursuant to the 
     Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 
     et seq.), or otherwise collected for national security 
     purposes, shall not be authorized if disclosure would present 
     a risk to the national security of the United States;
       ``(B) an alien subject to removal under this title shall 
     not be entitled to suppress evidence that the alien alleges 
     was unlawfully obtained; and
       ``(C) section 3504 of title 18, United States Code, and 
     section 1806(c) of title 50, United States Code, shall not 
     apply if the Attorney General determines that public 
     disclosure would pose a risk to the national security of the 
     United States because it would disclose classified 
     information or otherwise threaten the integrity of a pending 
     investigation.
       ``(2) Protective orders.--Nothing in this title shall 
     prevent the United States from seeking protective orders and 
     from asserting privileges ordinarily available to the United 
     States to protect against the disclosure of classified 
     information, including the invocation of the military and 
     state secrets privileges.
       ``(3) Treatment of classified information.--
       ``(A) Use.--The judge shall examine, ex parte and in 
     camera, any evidence for which the Attorney General 
     determines that public disclosure would pose a risk to the 
     national security of the United States or to the security of 
     any individual because it would disclose classified 
     information.
       ``(B) Submission.--With respect to such information, the 
     Government shall submit to the removal court an unclassified 
     summary of the specific evidence that does not pose that 
     risk.
       ``(C) Approval.--Not later than 15 days after submission, 
     the judge shall approve the summary if the judge finds that 
     it is sufficient to enable the alien to prepare a defense. 
     The Government shall deliver to the alien a copy of the 
     unclassified summary approved under this subparagraph.
       ``(D) Disapproval.--
       ``(i) In general.--If an unclassified summary is not 
     approved by the removal court under subparagraph (C), the 
     Government shall be afforded 15 days to correct the 
     deficiencies identified by the court and submit a revised 
     unclassified summary.
       ``(ii) Revised summary.--If the revised unclassified 
     summary is not approved by the court within 15 days of its 
     submission pursuant to subparagraph (C), the removal hearing 
     shall be terminated.
       ``(f) Arguments.--Following the receipt of evidence, the 
     Government and the alien shall be given fair opportunity to 
     present argument as to whether the evidence is sufficient to 
     justify the removal of the alien. The Government shall open 
     the argument. The alien shall be permitted to reply. The 
     Government shall then be permitted to reply in rebuttal.
       ``(g) Burden of Proof.--In the hearing, it is the 
     Government's burden to prove, by the preponderance of the 
     evidence, that the alien is subject to removal because the 
     alien is an alien terrorist.
       ``(h) Rules of Evidence.--The Federal Rules of Evidence 
     shall not apply in a removal hearing.
       ``(i) Determination of Deportation.--If the judge, after 
     considering the evidence on the record as a whole, finds that 
     the Government has met its burden, the judge shall order the 
     alien removed and detained pending removal from the United 
     States. If the alien was released pending the removal 
     hearing, the judge shall order the Attorney General to take 
     the alien into custody.
       ``(j) Written Order.--At the time of issuing a decision as 
     to whether the alien shall be removed, the judge shall 
     prepare a written order containing a statement of facts found 
     and conclusions of law.
       ``(k) No Right to Ancillary Relief.--At no time shall the 
     judge consider or provide for relief from removal based on--
       ``(1) asylum under section 208;
       ``(2) withholding of deportation under section 243(h);

[[Page H3319]]

       ``(3) suspension of deportation under subsection (a) or (e) 
     of section 244;
       ``(4) adjustment of status under section 245; or
       ``(5) registry under section 249.

     ``SEC. 505. APPEALS.

       ``(a) Appeal of Denial of Application for Removal 
     Proceedings.--
       ``(1) In general.--The Attorney General may seek a review 
     of the denial of an order sought in an application filed 
     pursuant to section 503. The appeal shall be filed in the 
     United States Court of Appeals for the District of Columbia 
     Circuit by notice of appeal filed not later than 20 days 
     after the date of such denial.
       ``(2) Record on appeal.--The entire record of the 
     proceeding shall be transmitted to the Court of Appeals under 
     seal, and the Court of Appeals shall hear the matter ex 
     parte.
       ``(3) Standard of review.--The Court of Appeals shall--
       ``(A) review questions of law de novo; and
       ``(B) set aside a finding of fact only if such finding was 
     clearly erroneous.
       ``(b) Appeal of Determination Regarding Summary of 
     Classified Information.--
       ``(1) In general.--The United States may take an 
     interlocutory appeal to the United States Court of Appeals 
     for the District of Columbia Circuit of--
       ``(A) any determination by the judge pursuant to section 
     504(e)(3); or
       ``(B) the refusal of the court to make the findings 
     permitted by section 504(e)(3).
       ``(2) Record.--In any interlocutory appeal taken pursuant 
     to this subsection, the entire record, including any proposed 
     order of the judge, any classified information and the 
     summary of evidence, shall be transmitted to the Court of 
     Appeals. The classified information shall be transmitted 
     under seal. A verbatim record of such appeal shall be kept 
     under seal in the event of any other judicial review.
       ``(c) Appeal of Decision in Hearing.--
       ``(1) In general.--The decision of the judge after a 
     removal hearing may be appealed by either the alien or the 
     Attorney General to the United States Court of Appeals for 
     the District of Columbia Circuit by notice of appeal filed 
     not later than 20 days after the date on which the order is 
     issued. The order shall not be enforced during the pendency 
     of an appeal under this subsection.
       ``(2) Transmittal of record.--In an appeal or review to the 
     Court of Appeals pursuant to this subsection--
       ``(A) the entire record shall be transmitted to the Court 
     of Appeals; and
       ``(B) information received in camera and ex parte, and any 
     portion of the order that would reveal the substance or 
     source of such information, shall be transmitted under seal.
       ``(3) Expedited appellate proceeding.--In an appeal or 
     review to the Court of Appeals under this subsection--
       ``(A) the appeal or review shall be heard as expeditiously 
     as practicable and the court may dispense with full briefing 
     and hear the matter solely on the record of the judge of the 
     removal court and on such briefs or motions as the court may 
     require to be filed by the parties;
       ``(B) the Court of Appeals shall issue an opinion not later 
     than 60 days after the date of the issuance of the final 
     order of the district court;
       ``(C) the court shall review all questions of law de novo; 
     and
       ``(D) a finding of fact shall be accorded deference by the 
     reviewing court and shall not be set aside unless such 
     finding was clearly erroneous.
       ``(d) Certiorari.--Following a decision by the Court of 
     Appeals pursuant to subsection (c), the alien or the Attorney 
     General may petition the Supreme Court for a writ of 
     certiorari. In any such case, any information transmitted to 
     the Court of Appeals under seal shall, if such information is 
     also submitted to the Supreme Court, be transmitted under 
     seal. Any order of removal shall not be stayed pending 
     disposition of a writ of certiorari, except as provided by 
     the Court of Appeals or a Justice of the Supreme Court.
       ``(e) Appeal of Detention Order.--
       ``(1) In general.--Sections 3145 through 3148 of title 18, 
     United States Code, pertaining to review and appeal of a 
     release or detention order, penalties for failure to appear, 
     penalties for an offense committed while on release, and 
     sanctions for violation of a release condition shall apply to 
     an alien to whom section 507(b)(1) applies. In applying the 
     previous sentence--
       ``(A) for purposes of section 3145 of such title an appeal 
     shall be taken to the United States Court of Appeals for the 
     District of Columbia Circuit; and
       ``(B) for purposes of section 3146 of such title the alien 
     shall be considered released in connection with a charge of 
     an offense punishable by life imprisonment.
       ``(2) No review of continued detention.--The determinations 
     and actions of the Attorney General pursuant to section 
     507(b)(2)(C) shall not be subject to judicial review, 
     including application for a writ of habeas corpus, except for 
     a claim by the alien that continued detention violates the 
     alien's rights under the Constitution. Jurisdiction over any 
     such challenge shall lie exclusively in the United States 
     Court of Appeals for the District of Columbia Circuit.

     ``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.

       ``(a) Upon Filing Application.--
       ``(1) In general.--Subject to paragraphs (2) and (3), the 
     Attorney General may--
       ``(A) take into custody any alien with respect to whom an 
     application under section 503 has been filed; and
       ``(B) retain such an alien in custody in accordance with 
     the procedures authorized by this title.
       ``(2) Special rules for permanent resident aliens.--
       ``(A) Release hearing.--An alien lawfully admitted for 
     permanent residence shall be entitled to a release hearing 
     before the judge assigned to hear the removal hearing. Such 
     an alien shall be detained pending the removal hearing, 
     unless the alien demonstrates to the court that the alien--
       ``(i) is a person lawfully admitted for permanent residence 
     in the United States;
       ``(ii) if released upon such terms and conditions as the 
     court may prescribe (including the posting of any monetary 
     amount), is not likely to flee; and
       ``(iii) will not endanger national security, or the safety 
     of any person or the community, if released.
       ``(B) Information considered.--The judge may consider 
     classified information submitted in camera and ex parte in 
     making a determination whether to release an alien pending 
     the removal hearing.
       ``(3) Release if order denied and no review sought.--
       ``(A) In general.--Subject to subparagraph (B), if a judge 
     of the removal court denies the order sought in an 
     application filed pursuant to section 503, and the Attorney 
     General does not seek review of such denial, the alien shall 
     be released from custody.
       ``(B) Application of regular procedures.--Subparagraph (A) 
     shall not prevent the arrest and detention of the alien 
     pursuant to title II.
       ``(b) Conditional Release if Order Denied and Review 
     Sought.--
       ``(1) In general.--If a judge of the removal court denies 
     the order sought in an application filed pursuant to section 
     503 and the Attorney General seeks review of such denial, the 
     judge shall release the alien from custody subject to the 
     least restrictive condition, or combination of conditions, of 
     release described in section 3142(b) and clauses (i) through 
     (xiv) of section 3142(c)(1)(B) of title 18, United States 
     Code, that--
       ``(A) will reasonably assure the appearance of the alien at 
     any future proceeding pursuant to this title; and
       ``(B) will not endanger the safety of any other person or 
     the community.
       ``(2) No release for certain aliens.--If the judge finds no 
     such condition or combination of conditions, as described in 
     paragraph (1), the alien shall remain in custody until the 
     completion of any appeal authorized by this title.

     ``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.

       ``(a) Release.--
       ``(1) In general.--Subject to paragraph (2), if the judge 
     decides that an alien should not be removed, the alien shall 
     be released from custody.
       ``(2) Custody pending appeal.--If the Attorney General 
     takes an appeal from such decision, the alien shall remain in 
     custody, subject to the provisions of section 3142 of title 
     18, United States Code.
       ``(b) Custody and Removal.--
       ``(1) Custody.--If the judge decides that an alien shall be 
     removed, the alien shall be detained pending the outcome of 
     any appeal. After the conclusion of any judicial review 
     thereof which affirms the removal order, the Attorney General 
     shall retain the alien in custody and remove the alien to a 
     country specified under paragraph (2).
       ``(2) Removal.--
       ``(A) In general.--The removal of an alien shall be to any 
     country which the alien shall designate if such designation 
     does not, in the judgment of the Attorney General, in 
     consultation with the Secretary of State, impair the 
     obligation of the United States under any treaty (including a 
     treaty pertaining to extradition) or otherwise adversely 
     affect the foreign policy of the United States.
       ``(B) Alternate countries.--If the alien refuses to 
     designate a country to which the alien wishes to be removed 
     or if the Attorney General, in consultation with the 
     Secretary of State, determines that removal of the alien to 
     the country so designated would impair a treaty obligation or 
     adversely affect United States foreign policy, the Attorney 
     General shall cause the alien to be removed to any country 
     willing to receive such alien.
       ``(C) Continued detention.--If no country is willing to 
     receive such an alien, the Attorney General may, 
     notwithstanding any other provision of law, retain the alien 
     in custody. The Attorney General, in coordination with the 
     Secretary of State, shall make periodic efforts to reach 
     agreement with other countries to accept such an alien and at 
     least every 6 months shall provide to the attorney 
     representing the alien at the removal hearing a written 
     report on the Attorney General's efforts. Any alien in 
     custody pursuant to this subparagraph shall be released from 
     custody solely at the discretion of the Attorney General and 
     subject to such conditions as the Attorney General shall deem 
     appropriate.
       ``(D) Fingerprinting.--Before an alien is removed from the 
     United States pursuant to this subsection, or pursuant to an 
     order of exclusion because such alien is excludable under 
     section 212(a)(3)(B), the alien shall be photographed and 
     fingerprinted, and shall be advised of the provisions of 
     section 276(b).
       ``(c) Continued Detention Pending Trial.--
       ``(1) Delay in removal.--The Attorney General may hold in 
     abeyance the removal of an alien who has been ordered 
     removed, pursuant to this title, to allow the trial of such 
     alien on any Federal or State criminal charge and the service 
     of any sentence of confinement resulting from such a trial.
       ``(2) Maintenance of custody.--Pending the commencement of 
     any service of a sentence of confinement by an alien 
     described in paragraph (1), such an alien shall remain in the 
     custody of the Attorney General, unless the Attorney General 
     determines that temporary release of the alien to the custody 
     of State authorities for confinement in a State facility is 
     appropriate and

[[Page H3320]]

     would not endanger national security or public safety.
       ``(3) Subsequent removal.--Following the completion of a 
     sentence of confinement by an alien described in paragraph 
     (1), or following the completion of State criminal 
     proceedings which do not result in a sentence of confinement 
     of an alien released to the custody of State authorities 
     pursuant to paragraph (2), such an alien shall be returned to 
     the custody of the Attorney General who shall proceed to the 
     removal of the alien under this title.
       ``(d) Application of Certain Provisions Relating to Escape 
     of Prisoners.--For purposes of sections 751 and 752 of title 
     18, United States Code, an alien in the custody of the 
     Attorney General pursuant to this title shall be subject to 
     the penalties provided by those sections in relation to a 
     person committed to the custody of the Attorney General by 
     virtue of an arrest on a charge of a felony.
       ``(e) Rights of Aliens in Custody.--
       ``(1) Family and attorney visits.--An alien in the custody 
     of the Attorney General pursuant to this title shall be given 
     reasonable opportunity, as determined by the Attorney 
     General, to communicate with and receive visits from members 
     of the alien's family, and to contact, retain, and 
     communicate with an attorney.
       ``(2) Diplomatic contact.--An alien in the custody of the 
     Attorney General pursuant to this title shall have the right 
     to contact an appropriate diplomatic or consular official of 
     the alien's country of citizenship or nationality or of any 
     country providing representation services therefore. The 
     Attorney General shall notify the appropriate embassy, 
     mission, or consular office of the alien's detention.''.
       (b) Jurisdiction Over Exclusion Orders for Alien 
     Terrorists.--Section 106(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1105a(b)) is amended by adding at 
     the end the following sentence: ``Jurisdiction to review an 
     order entered pursuant to the provisions of section 235(c) 
     concerning an alien excludable under section 212(a)(3)(B) 
     shall rest exclusively in the United States Court of Appeals 
     for the District of Columbia Circuit.''.
       (c) Criminal Penalty for Reentry of Alien Terrorists.--
     Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended--
       (1) by striking ``or'' at the end of paragraph (1),
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; or'', and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) who has been excluded from the United States pursuant 
     to section 235(c) because the alien was excludable under 
     section 212(a)(3)(B) or who has been removed from the United 
     States pursuant to the provisions of title V, and who 
     thereafter, without the permission of the Attorney General, 
     enters the United States, or attempts to do so, shall be 
     fined under title 18, United States Code, and imprisoned for 
     a period of 10 years, which sentence shall not run 
     concurrently with any other sentence.''.
       (d) Table of Contents.--The Immigration and Nationality Act 
     is amended by adding at the end of the table of contents the 
     following:

             ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES

``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.

       (e) Elimination of Custody Review by Habeas Corpus.--
     Section 106(a) of the Immigration and Nationality Act (8 
     U.S.C. 1105a(a)) is amended--
       (1) in paragraph (8), by adding ``and'' at the end;
       (2) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (3) by striking paragraph (10).
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act and 
     shall apply to all aliens without regard to the date of entry 
     or attempted entry into the United States.
   Subtitle B--Exclusion of Members and Representatives of Terrorist 
                             Organizations

     SEC. 411. EXCLUSION OF ALIEN TERRORISTS.

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

       ``(III) is a representative (as defined in clause (iv)) of 
     a foreign terrorist organization, as designated by the 
     Secretary under section 219, or
       ``(IV) is a member of a foreign terrorist organization, as 
     designated by the Secretary under section 219,''; and

       (2) by adding at the end the following:
       ``(iv) Representative defined.--As used in this paragraph, 
     the term `representative' includes an officer, official, or 
     spokesman of an organization, and any person who directs, 
     counsels, commands, or induces an organization or its members 
     to engage in terrorist activity.''.

     SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF 
                   APPLICATION FOR VISAS.

       Section 212(b) of the Immigration and Nationality Act (8 
     U.S.C. 1182(b)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting each 
     new subparagraph 2 ems to the right;
       (2) by striking ``If'' and inserting ``(1) Subject to 
     paragraphs (2) and (3), if''; and
       (3) by adding at the end the following new paragraphs:
       ``(2) The Secretary of State may waive the requirements of 
     paragraph (1) with respect to a particular alien or any class 
     or classes of excludable aliens.
       ``(3) Paragraph (1) does not apply to any alien excludable 
     under paragraph (2) or (3) of subsection (a).''.

     SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

       (a) Withholding of Deportation.--Section 243(h)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is 
     amended by adding at the end the following new sentence: 
     ``For purposes of subparagraph (D), an alien who is described 
     in section 241(a)(4)(B) shall be considered to be an alien 
     for whom there are reasonable grounds for regarding as a 
     danger to the security of the United States.''.
       (b) Suspension of Deportation.--Section 244(a) of such Act 
     (8 U.S.C. 1254(a)) is amended by striking ``section 
     241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of 
     section 241(a)(4)''.
       (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 
     U.S.C. 1254(e)(2)) is amended by inserting ``under section 
     241(a)(4)(B) or'' after ``who is deportable''.
       (d) Adjustment of Status.--Section 245(c) of such Act (8 
     U.S.C. 1255(c)) is amended--
       (1) by striking ``or'' before ``(5)'', and
       (2) by inserting before the period at the end the 
     following: ``, or (6) an alien who is deportable under 
     section 241(a)(4)(B)''.
       (e) Registry.--Section 249(d) of such Act (8 U.S.C. 
     1259(d)) is amended by inserting ``and is not deportable 
     under section 241(a)(4)(B)'' after ``ineligible to 
     citizenship''.
       (f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) 
     is amended by adding at the end the following:
       ``(3) Notwithstanding any other provision of law, paragraph 
     (1) shall apply to any alien if the Attorney General 
     determines, in the discretion of the Attorney General, that--
       ``(A) such alien's life or freedom would be threatened, in 
     the country to which such alien would be deported or 
     returned, on account of race, religion, nationality, 
     membership in a particular social group, or political 
     opinion; and
       ``(B) the application of paragraph (1) to such alien is 
     necessary to ensure compliance with the 1967 United Nations 
     Protocol Relating to the Status of Refugees.''.
       (g) 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.

     SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND 
                   ADMITTED.

       (a) In General.--Section 241 of the Immigration and 
     Nationality Act (8 U.S.C. 1251) is amended by adding at the 
     end the following new subsection:
       ``(d) Notwithstanding any other provision of this title, an 
     alien found in the United States who has not been admitted to 
     the United States after inspection in accordance with section 
     235 is deemed for purposes of this Act to be seeking entry 
     and admission to the United States and shall be subject to 
     examination and exclusion by the Attorney General under 
     chapter 4. In the case of such an alien the Attorney General 
     shall provide by regulation an opportunity for the alien to 
     establish that the alien was so admitted.''.
       (b) 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--Modification to Asylum Procedures

     SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

       (a) In General.--Section 208(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(a)) is amended by adding at 
     the end the following: ``The Attorney General may not grant 
     an alien asylum if the Attorney General determines that the 
     alien is excludable under subclause (I), (II), or (III) of 
     section 212(a)(3)(B)(i) or deportable under section 
     241(a)(4)(B), unless the Attorney General determines, in the 
     discretion of the Attorney General, that there are not 
     reasonable grounds for regarding the alien as a danger to the 
     security of the United States.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date of the enactment of this Act 
     and apply to asylum determinations made on or after such 
     date.

     SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

       (a) In General.--Subsection (b) of section 235 of the 
     Immigration and Nationality Act (8 U.S.C. 1225) is amended to 
     read as follows:
       ``(b)(1)(A) If the examining immigration officer determines 
     that an alien seeking entry--
       ``(i) is excludable under section 212(a)(6)(C) or 
     212(a)(7), and
       ``(ii) does not indicate either an intention to apply for 
     asylum under section 208 or a fear of persecution,
     the officer shall order the alien excluded from the United 
     States without further hearing or review.
       ``(B) The examining immigration officer shall refer for an 
     interview by an asylum officer under subparagraph (C) any 
     alien who is excludable under section 212(a)(6)(C) or 
     212(a)(7) and has indicated an intention to apply for asylum 
     under section 208 or a fear of persecution.
       ``(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

[[Page H3321]]

     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. 423. JUDICIAL REVIEW.

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


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

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

``Sec. 106. Judicial review of orders of deportation and exclusion, and 
              special exclusion.''.
           Subtitle D--Criminal Alien Procedural Improvements

     SEC. 431. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 
                   YEARS PERMANENT RESIDENCE FOR CERTAIN CRIMINAL 
                   ALIENS.

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

     SEC. 432. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND 
                   NATURALIZATION FILES THROUGH COURT ORDER.

       (a) Confidentiality of Information.--Section 245A(c)(5) of 
     the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is 
     amended--
       (1) by inserting ``(i)'' after ``except the Attorney 
     General''; and
       (2) by inserting after ``Title 13'' the following: ``and 
     (ii) may authorize an application to a Federal court of 
     competent jurisdiction for, and a judge of such court may 
     grant, an order authorizing disclosure of information 
     contained in the application of the alien to be used--
       ``(I) for identification of the alien when there is reason 
     to believe that the alien has been killed or severely 
     incapacitated; or
       ``(II) for criminal law enforcement purposes against the 
     alien whose application is to be disclosed.''.
       (b) Applications for Adjustment of Status.--Section 210(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is 
     amended--
       (1) in paragraph (5), by inserting ``, except as allowed by 
     a court order issued pursuant to paragraph (6) of this 
     subsection'' after ``consent of the alien''; and
       (2) in paragraph (6), by inserting the following sentence 
     before ``Anyone who uses'': ``Notwithstanding the preceding 
     sentence, the Attorney General may authorize an application 
     to a Federal court of competent jurisdiction for, and a judge 
     of such court may grant an order authorizing, disclosure of 
     information contained in the application of the alien to be 
     used for identification of the alien when there is reason to 
     believe that the alien has been killed or severely 
     incapacitated, or for criminal law enforcement purposes 
     against the alien whose application is to be disclosed or to 
     discover information leading to the location or identity of 
     the alien.''.

     SEC. 433. 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. 434. 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

[[Page H3322]]

     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. 435. 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. 436. 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. 437. 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. 438. 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. 439. 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) is amended by adding at the 
     end the following new subsection:
       ``(c) Any alien deported pursuant to section 242(h)(2) who 
     enters, attempts to enter, or is at any time found in, the 
     United States (unless the Attorney General has expressly 
     consented to such alien's reentry) shall be incarcerated for 
     the remainder of the sentence of imprisonment which was 
     pending at the time of deportation without any reduction for 
     parole or supervised release. Such alien shall be subject to 
     such other penalties relating to the reentry of deported 
     aliens as may be available under this section or any other 
     provision of law.''.

     SEC. 440. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT 
                   OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL 
                   ALIENS.

       (a) In General.--Notwithstanding any other provision of 
     law, to the extent permitted by relevant State and local law, 
     State and local law enforcement officials are authorized to 
     arrest and detain an individual who--
       (1) is an alien illegally present in the United States; and
       (2) has previously been convicted of a felony in the United 
     States and deported or left the United States after such 
     conviction,
     but only after the State or local law enforcement officials 
     obtain appropriate confirmation from the Immigration and 
     Naturalization Service of the status of such individual and 
     only for such period of time as may be required for the 
     Service to take the individual into Federal custody for 
     purposes of deporting or removing the alien from the United 
     States.
       (b) Cooperation.--The Attorney General shall cooperate with 
     the States to assure that information in the control of the 
     Attorney General, including information in the National Crime 
     Information Center, that would assist State and local law 
     enforcement officials in carrying out duties under subsection 
     (a) is made available to such officials.

     SEC. 441. CRIMINAL ALIEN REMOVAL.

       (a) Judicial Review.--Section 106 of the Immigration and 
     Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as 
     follows:
       ``(10) Any final order of deportation against an alien who 
     is deportable by reason of having committed a criminal 
     offense covered in section 241(a)(2) (A)(iii), (B), (C), or 
     (D), or any offense covered by section 241(a)(2)(A)(ii) for 
     which both predicate offenses are covered by section 
     241(a)(2)(A)(i), shall not be subject to review by any 
     court.''.
       (b) Final Order of Deportation Defined.--Section 101(a) of 
     such Act (8 U.S.C. 1101(a)) is amended by adding at the end 
     the following new paragraph:
       ``(47)(A) The term `order of deportation' means the order 
     of the special inquiry officer, or other such administrative 
     officer to whom the Attorney General has delegated the 
     responsibility for determining whether an alien is 
     deportable, concluding that the alien is deportable or 
     ordering deportation.
       ``(B) The order described under subparagraph (A) shall 
     become final upon the earlier of--
       ``(i) a determination by the Board of Immigration Appeals 
     affirming such order; or
       ``(ii) the expiration of the period in which the alien is 
     permitted to seek review of such order by the Board of 
     Immigration Appeals.''.
       (c) Arrest and Custody.--Section 242(a)(2) of such Act is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``(2)(A) The Attorney'' and inserting ``(2) 
     The Attorney'';
       (B) by striking ``an aggravated felony upon'' and all that 
     follows through ``of the same offense)'' and inserting ``any 
     criminal offense covered in section 241(a)(2) (A)(iii), (B), 
     (C), or (D), or any offense covered by section 
     241(a)(2)(A)(ii) for which both predicate offenses are 
     covered by section 241(a)(2)(A)(i), upon release of the alien 
     from incarceration, shall deport the alien as expeditiously 
     as possible''; and
       (C) by striking ``but subject to subparagraph (B)''; and
       (2) by striking subparagraph (B).
       (d) Classes of Excludable Aliens.--Section 212(c) of such 
     Act (8 U.S.C. 1182(c)) is amended--
       (1) by striking ``The first sentence of this'' and 
     inserting ``This''; and
       (2) by striking ``has been convicted of one or more 
     aggravated felonies'' and all that follows through the end 
     and inserting ``is deportable by reason of having committed 
     any criminal offense covered in section 241(a)(2) (A)(iii), 
     (B), (C), or (D), or any offense covered by section 
     241(a)(2)(A)(ii) for which both predicate offenses are 
     covered by section 241(a)(2)(A)(i).''.
       (e) Aggravated Felony Defined.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as 
     amended by section 222 of the Immigration and Nationality 
     Technical Corrections Act of 1994 (Public Law 103-416), is 
     amended--
       (1) in subparagraph (J), by inserting ``, or an offense 
     described in section 1084 (if it is a second or subsequent 
     offense) or 1955 of that title (relating to gambling 
     offenses),'' after ``corrupt organizations)'';
       (2) in subparagraph (K)--
       (A) by striking ``or'' at the end of clause (i),
       (B) by redesignating clause (ii) as clause (iii), and
       (C) by inserting after clause (i) the following new clause:
       ``(ii) is described in section 2421, 2422, or 2423 of title 
     18, United States Code (relating to 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

[[Page H3323]]

     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.
       (f) Deportation of Criminal Aliens.--Section 242A(a) of 
     such Act (8 U.S.C. 1252a) is amended--
       (1) in paragraph (1)--
       (A) by striking ``aggravated felonies (as defined in 
     section 101(a)(43) of this title)'' and inserting ``any 
     criminal offense covered in section 241(a)(2) (A)(iii), (B), 
     (C), or (D), or any offense covered by section 
     241(a)(2)(A)(ii) for which both predicate offenses are 
     covered by section 241(a)(2)(A)(i).''; and
       (B) by striking ``, where warranted,'';
       (2) in paragraph (2), by striking ``aggravated felony'' and 
     all that follows through ``before any scheduled hearings.'' 
     and inserting ``any criminal offense covered in section 
     241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered 
     by section 241(a)(2)(A)(ii) for which both predicate offenses 
     are covered by section 241(a)(2)(A)(i).''.
       (g) Deadlines for Deporting Alien.--Section 242(c) of such 
     Act (8 U.S.C. 1252(c)) is amended--
       (1) by striking ``(c) When a final order'' and inserting 
     ``(c)(1) Subject to paragraph (2), when a final order''; and
       (2) by inserting at the end the following new paragraph:
       ``(2) When a final order of deportation under 
     administrative process is made against any alien who is 
     deportable by reason of having committed a criminal offense 
     covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or 
     any offense covered by section 241(a)(2)(A)(ii) for which 
     both predicate offenses are covered by section 
     241(a)(2)(A)(i), the Attorney General shall have 30 days from 
     the date of the order within which to effect the alien's 
     departure from the United States. The Attorney General shall 
     have sole and unreviewable discretion to waive the foregoing 
     provision for aliens who are cooperating with law enforcement 
     authorities or for purposes of national security.''.

     SEC. 442. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING 
                   DEPORTATION ORDER.

       (a) In General.--Section 276 of the Immigration and 
     Nationality Act (8 U.S.C. 1326) is amended by adding at the 
     end the following new subsection:
       ``(d) In a criminal proceeding under this section, an alien 
     may not challenge the validity of the deportation order 
     described in subsection (a)(1) or subsection (b) unless the 
     alien demonstrates that--
       ``(1) the alien exhausted any administrative remedies that 
     may have been available to seek relief against the order;
       ``(2) the deportation proceedings at which the order was 
     issued improperly deprived the alien of the opportunity for 
     judicial review; and
       ``(3) the entry of the order was fundamentally unfair.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to criminal proceedings initiated after the date 
     of enactment of this Act.

     SEC. 443. 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. 444. EXTRADITION OF ALIENS.

       (a) Scope.--Section 3181 of title 18, United States Code, 
     is amended--
       (1) by inserting ``(a)'' before ``The provisions of this 
     chapter''; and
       (2) by adding at the end the following new subsections:
       ``(b) The provisions of this chapter shall be construed to 
     permit, in the exercise of comity, the surrender of persons, 
     other than citizens, nationals, or permanent residents of the 
     United States, who have committed crimes of violence against 
     nationals of the United States in foreign countries without 
     regard to the existence of any treaty of extradition with 
     such foreign government if the Attorney General certifies, in 
     writing, that--
       ``(1) evidence has been presented by the foreign government 
     that indicates that had the offenses been committed in the 
     United States, they would constitute crimes of violence as 
     defined under section 16 of this title; and
       ``(2) the offenses charged are not of a political nature.
       ``(c) As used in this section, the term `national of the 
     United States' has the meaning given such term in section 
     101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(22)).''.
       (b) Fugitives.--Section 3184 of title 18, United States 
     Code, is amended--
       (1) in the first sentence by inserting after ``United 
     States and any foreign government,'' the following: ``or in 
     cases arising under section 3181(b),'';
       (2) in the first sentence by inserting after ``treaty or 
     convention,'' the following: ``or provided for under section 
     3181(b),''; and
       (3) in the third sentence by inserting after ``treaty or 
     convention,'' the following: ``or under section 3181(b),''.
    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
                     Subtitle A--Nuclear Materials

     SEC. 501. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) nuclear materials, including byproduct materials, can 
     be used to create radioactive dispersal devices that are 
     capable of causing serious bodily injury as well as 
     substantial damage to property and to the environment;
       (2) the potential use of nuclear materials, including 
     byproduct materials, enhances the threat posed by terrorist 
     activities and thereby has a greater effect on the security 
     interests of the United States;
       (3) due to the widespread hazards presented by the threat 
     of nuclear contamination, as well as nuclear bombs, the 
     United States has a strong interest in ensuring that persons 
     who are engaged in the illegal acquisition and use of nuclear 
     materials, including byproduct materials, are prosecuted for 
     their offenses;
       (4) the threat that nuclear materials will be obtained and 
     used by terrorist and other criminal organizations has 
     increased substantially since the enactment in 1982 of the 
     legislation that implemented the Convention on the Physical 
     Protection of Nuclear Material, codified at section 831 of 
     title 18, United States Code;
       (5) the successful efforts to obtain agreements from other 
     countries to dismantle nuclear weapons have resulted in 
     increased packaging and transportation of nuclear materials, 
     thereby decreasing the security of such materials by 
     increasing the opportunity for unlawful diversion and theft;
       (6) the trafficking in the relatively more common, 
     commercially available, and usable nuclear and byproduct 
     materials creates the potential for significant loss of life 
     and environmental damage;
       (7) report trafficking incidents in the early 1990's 
     suggest that the individuals involved in trafficking in these 
     materials from Eurasia and Eastern Europe frequently 
     conducted their black market sales of these materials within 
     the Federal Republic of Germany, the Baltic States, the 
     former Soviet Union, Central Europe, and to a lesser extent 
     in the Middle European countries;

[[Page H3324]]

       (8) the international community has become increasingly 
     concerned over the illegal possession of nuclear and nuclear 
     byproduct materials;
       (9) the potentially disastrous ramifications of increased 
     access to nuclear and nuclear byproduct materials pose such a 
     significant threat that the United States must use all lawful 
     methods available to combat the illegal use of such 
     materials;
       (10) the United States has an interest in encouraging 
     United States corporations to do business in the countries 
     that comprised the former Soviet Union, and in other 
     developing democracies;
       (11) protection of such United States corporations from 
     threats created by the unlawful use of nuclear materials is 
     important to the success of the effort to encourage business 
     ventures in these countries, and to further the foreign 
     relations and commerce of the United States;
       (12) the nature of nuclear contamination is such that it 
     may affect the health, environment, and property of United 
     States nationals even if the acts that constitute the illegal 
     activity occur outside the territory of the United States, 
     and are primarily directed toward foreign nationals; and
       (13) there is presently no Federal criminal statute that 
     provides adequate protection to United States interests from 
     nonweapons grade, yet hazardous radioactive material, and 
     from the illegal diversion of nuclear materials that are held 
     for other than peaceful purposes.
       (b) Purpose.--The purpose of this title is to provide 
     Federal law enforcement agencies with the necessary means and 
     the maximum authority permissible under the Constitution to 
     combat the threat of nuclear contamination and proliferation 
     that may result from the illegal possession and use of 
     radioactive materials.

     SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF 
                   NUCLEAR MATERIALS PROHIBITIONS.

       Section 831 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``nuclear material'' each place it appears 
     and inserting ``nuclear material or nuclear byproduct 
     material'';
       (B) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``or to the 
     environment'' after ``property''; and
       (ii) so that subparagraph (B) reads as follows:
       ``(B) circumstances exist, or have been represented to the 
     defendant to exist, that are likely to cause the death or 
     serious bodily injury to any person, or substantial damage to 
     property or to the environment;''; and
       (C) in paragraph (6), by inserting ``or to the 
     environment'' after ``property'';
       (2) in subsection (c)--
       (A) so that paragraph (2) reads as follows:
       ``(2) an offender or a victim is--
       ``(A) a national of the United States; or
       ``(B) a United States corporation or other legal entity;'';
       (B) in paragraph (3)--
       (i) by striking ``at the time of the offense the nuclear 
     material is in use, storage, or transport, for peaceful 
     purposes, and''; and
       (ii) by striking ``or'' at the end of the paragraph;
       (C) in paragraph (4)--
       (i) by striking ``nuclear material for peaceful purposes'' 
     and inserting ``nuclear material or nuclear byproduct 
     material''; and
       (ii) by striking the period at the end of the paragraph and 
     inserting ``; or''; and
       (D) by adding at the end the following new paragraph:
       ``(5) either--
       ``(A) the governmental entity under subsection (a)(5) is 
     the United States; or
       ``(B) the threat under subsection (a)(6) is directed at the 
     United States.''; and
       (3) in subsection (f)--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``with an isotopic 
     concentration not in excess of 80 percent plutonium 238''; 
     and
       (ii) in subparagraph (C), by striking ``uranium'' and 
     inserting ``enriched uranium, defined as uranium'';
       (B) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively;
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) the term `nuclear byproduct material' means any 
     material containing any radioactive isotope created through 
     an irradiation process in the operation of a nuclear reactor 
     or accelerator;'';
       (D) in paragraph (4), as redesignated, by striking ``and'' 
     at the end;
       (E) in paragraph (5), as redesignated, by striking the 
     period at the end and inserting a semicolon; and
       (F) by adding at the end the following new paragraphs:
       ``(6) the term `national of the United States' has the same 
     meaning as in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)); and
       ``(7) the term `United States corporation or other legal 
     entity' means any corporation or other entity organized under 
     the laws of the United States or any State, Commonwealth, 
     territory, possession, or district of the United States.''.

     SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS 
                   FROM ARMORIES.

       (a) Study.--The Attorney General and the Secretary of 
     Defense shall jointly conduct a study of the number and 
     extent of thefts from military arsenals (including National 
     Guard armories) of firearms, explosives, and other materials 
     that are potentially useful to terrorists.
       (b) Report to the Congress.--Not later than 6 months after 
     the date of enactment of this Act, the Attorney General and 
     the Secretary of Defense shall jointly prepare and transmit 
     to the Congress a report on the findings of the study 
     conducted under subsection (a).
              Subtitle B--Biological Weapons Restrictions

     SEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL 
                   AGENTS.

       (a) Findings.--The Congress finds that--
       (1) certain biological agents have the potential to pose a 
     severe threat to public health and safety;
       (2) such biological agents can be used as weapons by 
     individuals or organizations for the purpose of domestic or 
     international terrorism or for other criminal purposes;
       (3) the transfer and possession of potentially hazardous 
     biological agents should be regulated to protect public 
     health and safety; and
       (4) efforts to protect the public from exposure to such 
     agents should ensure that individuals and groups with 
     legitimate objectives continue to have access to such agents 
     for clinical and research purposes.
       (b) Criminal Enforcement.--Chapter 10 of title 18, United 
     States Code, is amended--
       (1) in section 175(a), by inserting ``or attempts, 
     threatens, or conspires to do the same,'' after ``to do 
     so,'';
       (2) in section 177(a)(2), by inserting ``threat,'' after 
     ``attempt,''; and
       (3) in section 178--
       (A) in paragraph (1), by striking ``or infectious 
     substance'' and inserting ``infectious substance, or 
     biological product that may be engineered as a result of 
     biotechnology, or any naturally occurring or bioengineered 
     component of any such microorganism, virus, infectious 
     substance, or biological product'';
       (B) in paragraph (2)--
       (i) by inserting ``the toxic material of plants, animals, 
     microorganisms, viruses, fungi, or infectious substances, or 
     a recombinant molecule'' after ``means'';
       (ii) by striking ``production--'' and inserting 
     ``production, including--'';
       (iii) in subparagraph (A), by inserting ``or biological 
     product that may be engineered as a result of biotechnology'' 
     after ``substance''; and
       (v) in subparagraph (B), by inserting ``or biological 
     product'' after ``isomer''; and
       (C) in paragraph (4), by inserting ``, or molecule, 
     including a recombinant molecule, or biological product that 
     may be engineered as a result of biotechnology,'' after 
     ``organism''.
       (c) Terrorism.--Section 2332a(a) of title 18, United States 
     Code, is amended--
       (1) by inserting ``, threatens,'' after ``attempts''; and
       (2) by inserting ``, including any biological agent, toxin, 
     or vector (as those terms are defined in section 178)'' after 
     ``destruction''.
       (d) Regulatory Control of Biological Agents.--
       (1) List of biological agents.--
       (A) In general.--The Secretary shall, through regulations 
     promulgated under subsection (f), establish and maintain a 
     list of each biological agent that has the potential to pose 
     a severe threat to public health and safety.
       (B) Criteria.--In determining whether to include an agent 
     on the list under subparagraph (A), the Secretary shall--
       (i) consider--

       (I) the effect on human health of exposure to the agent;
       (II) the degree of contagiousness of the agent and the 
     methods by which the agent is transferred to humans;
       (III) the availability and effectiveness of immunizations 
     to prevent and treatments for any illness resulting from 
     infection by the agent; and
       (IV) any other criteria that the Secretary considers 
     appropriate; and

       (ii) consult with scientific experts representing 
     appropriate professional groups.
       (e) Regulation of Transfers of Listed Biological Agents.--
     The Secretary shall, through regulations promulgated under 
     subsection (f), provide for--
       (1) the establishment and enforcement of safety procedures 
     for the transfer of biological agents listed pursuant 
     subsection (d)(1), including measures to ensure--
       (A) proper training and appropriate skills to handle such 
     agents; and
       (B) proper laboratory facilities to contain and dispose of 
     such agents;
       (2) safeguards to prevent access to such agents for use in 
     domestic or international terrorism or for any other criminal 
     purpose;
       (3) the establishment of procedures to protect the public 
     safety in the event of a transfer or potential transfer of a 
     biological agent in violation of the safety procedures 
     established under paragraph (1) or the safeguards established 
     under paragraph (2); and
       (4) appropriate availability of biological agents for 
     research, education, and other legitimate purposes.
       (f) Regulations.--The Secretary shall carry out this 
     section by issuing--
       (1) proposed rules not later than 60 days after the date of 
     enactment of this Act; and
       (2) final rules not later than 120 days after the date of 
     enactment of this Act.
       (g) Definitions.--For purposes of this section--
       (1) the term ``biological agent'' has the same meaning as 
     in section 178 of title 18, United States Code; and
       (2) the term ``Secretary'' means the Secretary of Health 
     and Human Services.
               Subtitle C--Chemical Weapons Restrictions

     SEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF 
                   FACILITY FOR TRAINING AND EVALUATION OF 
                   PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR 
                   BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS.

       (a) Chemical Weapons of Mass Destruction.--Chapter 113B of 
     title 18, United States

[[Page H3325]]

     Code, relating to terrorism, is amended by inserting after 
     section 2332b as added by section 702 of this Act the 
     following new section:

     ``Sec. 2332c. Use of chemical weapons

       ``(a) Prohibited Acts.--
       ``(1) Offense.--A person shall be punished under paragraph 
     (2) if that person, without lawful authority, uses, or 
     attempts or conspires to use, a chemical weapon against--
       ``(A) a national of the United States while such national 
     is outside of the United States;
       ``(B) any person within the United States; or
       ``(C) any property that is owned, leased, or used by the 
     United States or by any department or agency of the United 
     States, whether the property is within or outside of the 
     United States.
       ``(2) Penalties.--A person who violates paragraph (1)--
       ``(A) shall be imprisoned for any term of years or for 
     life; or
       ``(B) if death results from that violation, shall be 
     punished by death or imprisoned for any term of years or for 
     life.
       ``(b) Definitions.--As used in this section--
       ``(1) the term `national of the United States' has the same 
     meaning as in section 101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22)); and
       ``(2) the term `chemical weapon' means any weapon that is 
     designed or intended to cause widespread death or serious 
     bodily injury through the release, dissemination, or impact 
     of toxic or poisonous chemicals or precursors of toxic or 
     poisonous chemicals.
       (b) Study of Facility for Training and Evaluation of 
     Personnel Who Respond To Use of Chemical or Biological 
     Weapons in Urban and Suburban Areas.--
       (1) Findings.--The Congress finds that--
       (A) the threat of the use of chemical and biological 
     weapons by Third World countries and by terrorist 
     organizations has increased in recent years and is now a 
     problem of worldwide significance;
       (B) the military and law enforcement agencies in the United 
     States that are responsible for responding to the use of such 
     weapons require additional testing, training, and evaluation 
     facilities to ensure that the personnel of such agencies 
     discharge their responsibilities effectively; and
       (C) a facility that recreates urban and suburban locations 
     would provide an especially effective environment in which to 
     test, train, and evaluate such personnel for that purpose.
       (2) Study of facility.--
       (A) In general.--The President shall establish an 
     interagency task force to determine the feasibility and 
     advisability of establishing a facility that recreates both 
     an urban environment and a suburban environment in such a way 
     as to permit the effective testing, training, and evaluation 
     in such environments of government personnel who are 
     responsible for responding to the use of chemical and 
     biological weapons in the United States.
       (B) Description of facility.--The facility considered under 
     subparagraph (A) shall include--
       (i) facilities common to urban environments (including a 
     multistory building and an underground rail transit system) 
     and to suburban environments;
       (ii) the capacity to produce controllable releases of 
     chemical and biological agents from a variety of urban and 
     suburban structures, including laboratories, small buildings, 
     and dwellings;
       (iii) the capacity to produce controllable releases of 
     chemical and biological agents into sewage, water, and air 
     management systems common to urban areas and suburban areas;
       (iv) chemical and biocontaminant facilities at the P3 and 
     P4 levels;
       (v) the capacity to test and evaluate the effectiveness of 
     a variety of protective clothing and facilities and survival 
     techniques in urban areas and suburban areas; and
       (vi) the capacity to test and evaluate the effectiveness of 
     variable sensor arrays (including video, audio, 
     meteorological, chemical, and biosensor arrays) in urban 
     areas and suburban areas.
       (C) Sense of congress.--It is the sense of Congress that 
     the facility considered under subparagraph (A) shall, if 
     established--
       (i) be under the jurisdiction of the Secretary of Defense; 
     and
       (ii) be located at a principal facility of the Department 
     of Defense for the testing and evaluation of the use of 
     chemical and biological weapons during any period of armed 
     conflict.
       (c) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, 
     relating to terrorism, is amended by inserting after the item 
     added by section 702 of this Act that relates to section 
     2332b the following new item:

``2332c. Use of chemical weapons.''.
       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

     SEC. 601. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) plastic explosives were used by terrorists in the 
     bombings of Pan American Airlines flight number 103 in 
     December 1988 and UTA flight number 722 in September 1989;
       (2) plastic explosives can be used with little likelihood 
     of detection for acts of unlawful interference with civil 
     aviation, maritime navigation, and other modes of 
     transportation;
       (3) the criminal use of plastic explosives places innocent 
     lives in jeopardy, endangers national security, affects 
     domestic tranquility, and gravely affects interstate and 
     foreign commerce;
       (4) the marking of plastic explosives for the purpose of 
     detection would contribute significantly to the prevention 
     and punishment of such unlawful acts; and
       (5) for the purpose of deterring and detecting such 
     unlawful acts, the Convention on the Marking of Plastic 
     Explosives for the Purpose of Detection, Done at Montreal on 
     1 March 1991, requires each contracting State to adopt 
     appropriate measures to ensure that plastic explosives are 
     duly marked and controlled.
       (b) Purpose.--The purpose of this title is to fully 
     implement the Convention on the Marking of Plastic Explosives 
     for the Purpose of Detection, Done at Montreal on 1 March 
     1991.

     SEC. 602. DEFINITIONS.

       Section 841 of title 18, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(o) `Convention on the Marking of Plastic Explosives' 
     means the Convention on the Marking of Plastic Explosives for 
     the Purpose of Detection, Done at Montreal on 1 March 1991.
       ``(p) `Detection agent' means any one of the substances 
     specified in this subsection when introduced into a plastic 
     explosive or formulated in such explosive as a part of the 
     manufacturing process in such a manner as to achieve 
     homogeneous distribution in the finished explosive, 
     including--
       ``(1) Ethylene glycol dinitrate (EGDN), 
     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, that has been added to the 
     table in part 2 of the Technical Annex to the Convention on 
     the Marking of Plastic Explosives.
       ``(q) `Plastic explosive' means an explosive material in 
     flexible or elastic sheet form formulated with one or more 
     high explosives which in their pure form has a vapor pressure 
     less than 10-4 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. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC 
                   EXPLOSIVES.

       Section 842 of title 18, United States Code, is amended by 
     adding at the end the following new subsections:
       ``(l) It shall be unlawful for any person to manufacture 
     any plastic explosive that does not contain a detection 
     agent.
       ``(m)(1) It shall be unlawful for any person to import or 
     bring into the United States, or export from the United 
     States, any plastic explosive that does not contain a 
     detection agent.
       ``(2) This subsection does not apply to the importation or 
     bringing into the United States, or the exportation from the 
     United States, of any plastic explosive that was imported or 
     brought into, or manufactured in the United States prior to 
     the date of enactment of this subsection by or on behalf of 
     any agency of the United States performing military or police 
     functions (including any military reserve component) or by or 
     on behalf of the National Guard of any State, not later than 
     15 years after the date of entry into force of the Convention 
     on the Marking of Plastic Explosives, with respect to the 
     United States.
       ``(n)(1) It shall be unlawful for any person to ship, 
     transport, transfer, receive, or possess any plastic 
     explosive that does not contain a detection agent.
       ``(2) This subsection does not apply to--
       ``(A) the shipment, transportation, transfer, receipt, or 
     possession of any plastic explosive that was imported or 
     brought into, or manufactured in the United States prior to 
     the date of enactment of this subsection by any person during 
     the period beginning on that date and ending 3 years after 
     that date of enactment; or
       ``(B) the shipment, transportation, transfer, receipt, or 
     possession of any plastic explosive that was imported or 
     brought into, or manufactured in the United States prior to 
     the date of enactment of this subsection by or on behalf of 
     any agency of the United States performing a military or 
     police function (including any military reserve component) or 
     by or on behalf of the National Guard of any State, not later 
     than 15 years after the date of entry into force of the 
     Convention on the Marking of Plastic Explosives, with respect 
     to the United States.
       ``(o) It shall be unlawful for any person, other than an 
     agency of the United States (including any military reserve 
     component) or the National Guard of any State, possessing any 
     plastic explosive on the date of enactment of this 
     subsection, to fail to report to the Secretary within 120 
     days after such date of enactment the quantity of such 
     explosives possessed, the manufacturer or importer, any marks 
     of identification on such explosives, and such other 
     information as the Secretary may prescribe by regulation.''.

     SEC. 604. CRIMINAL SANCTIONS.

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

     SEC. 605. EXCEPTIONS.

       Section 845 of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) by inserting ``(l), (m), (n), or (o) of section 842 and 
     subsections'' after ``subsections''; and
       (B) in paragraph (1), by inserting before the semicolon ``, 
     and which pertain to safety''; and
       (2) by adding at the end the following new subsection:

[[Page H3326]]

       ``(c) It is an affirmative defense against any proceeding 
     involving subsections (l) through (o) of section 842 if the 
     proponent proves by a preponderance of the evidence that the 
     plastic explosive--
       ``(1) consisted of a small amount of plastic explosive 
     intended for and utilized solely in lawful--
       ``(A) research, development, or testing of new or modified 
     explosive materials;
       ``(B) training in explosives detection or development or 
     testing of explosives detection equipment; or
       ``(C) forensic science purposes; or
       ``(2) was plastic explosive that, within 3 years after the 
     date of enactment of the Antiterrorism and Effective Death 
     Penalty Act of 1996, will be or is incorporated in a military 
     device within the territory of the United States and remains 
     an integral part of such military device, or is intended to 
     be, or is incorporated in, and remains an integral part of a 
     military device that is intended to become, or has become, 
     the property of any agency of the United States performing 
     military or police functions (including any military reserve 
     component) or the National Guard of any State, wherever such 
     device is located.
       ``(3) For purposes of this subsection, the term `military 
     device' includes, but is not restricted to, shells, bombs, 
     projectiles, mines, missiles, rockets, shaped charges, 
     grenades, perforators, and similar devices lawfully 
     manufactured exclusively for military or police purposes.''.

     SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES.

       Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 
     1595a(c)(1)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(D) is a plastic explosive, as defined in section 841(q) 
     of title 18, United States Code, which does not contain a 
     detection agent, as defined in section 841(p) of such 
     title.''.

     SEC. 607. EFFECTIVE DATE.

       Except as otherwise provided in this title, this title and 
     the amendments made by this title shall take effect 1 year 
     after the date of enactment of this Act.
       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
                    Subtitle A--Crimes and Penalties

     SEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING 
                   EXPLOSIVES.

       Section 844 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(n) Except as otherwise provided in this section, a 
     person who conspires to commit any offense defined in this 
     chapter shall be subject to the same penalties (other than 
     the penalty of death) as the penalties prescribed for the 
     offense the commission of which was the object of the 
     conspiracy.''.

     SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

       (a) Offense.--Chapter 113B of title 18, United States Code, 
     relating to terrorism, is amended by inserting after section 
     2332a the following new section:

     ``Sec. 2332b. Acts of terrorism transcending national 
       boundaries

       ``(a) Prohibited Acts.--
       ``(1) Offenses.--Whoever, involving conduct transcending 
     national boundaries and in a circumstance described in 
     subsection (b)--
       ``(A) kills, kidnaps, maims, commits an assault resulting 
     in serious bodily injury, or assaults with a dangerous weapon 
     any person within the United States; or
       ``(B) creates a substantial risk of serious bodily injury 
     to any other person by destroying or damaging any structure, 
     conveyance, or other real or personal property within the 
     United States or by attempting or conspiring to destroy or 
     damage any structure, conveyance, or other real or personal 
     property within the United States, in violation of the laws 
     of any State, or the United States, shall be punished as 
     prescribed in subsection (c).
       ``(2) Treatment of threats, attempts and conspiracies.--
     Whoever threatens to commit an offense under paragraph (1), 
     or attempts or conspires to do so, shall be punished under 
     subsection (c).
       ``(b) Jurisdictional Bases.--
       ``(1) Circumstances.--The circumstances referred to in 
     subsection (a) are--
       ``(A) any of the offenders uses the mail or any facility of 
     interstate or foreign commerce in furtherance of the offense;
       ``(B) the offense obstructs, delays, or affects interstate 
     or foreign commerce, or would have so obstructed, delayed, or 
     affected interstate or foreign commerce if the offense had 
     been consummated;
       ``(C) the victim, or intended victim, is the United States 
     Government, a member of the uniformed services, or any 
     official, officer, employee, or agent of the legislative, 
     executive, or judicial branches, or of any department or 
     agency, of the United States;
       ``(D) the structure, conveyance, or other real or personal 
     property is, in whole or in part, owned, possessed, or leased 
     to the United States, or any department or agency of the 
     United States;
       ``(E) the offense is committed in the territorial sea 
     (including the airspace above and the seabed and subsoil 
     below, and artificial islands and fixed structures erected 
     thereon) of the United States; or
       ``(F) the offense is committed within the special maritime 
     and territorial jurisdiction of the United States.
       ``(2) Co-conspirators and accessories after the fact.--
     Jurisdiction shall exist over all principals and co-
     conspirators of an offense under this section, and 
     accessories after the fact to any offense under this section, 
     if at least one of the circumstances described in 
     subparagraphs (A) through (F) of paragraph (1) is applicable 
     to at least one offender.
       ``(c) Penalties.--
       ``(1) Penalties.--Whoever violates this section shall be 
     punished--
       ``(A) for a killing, or if death results to any person from 
     any other conduct prohibited by this section, by death, or by 
     imprisonment for any term of years or for life;
       ``(B) for kidnapping, by imprisonment for any term of years 
     or for life;
       ``(C) for maiming, by imprisonment for not more than 35 
     years;
       ``(D) for assault with a dangerous weapon or assault 
     resulting in serious bodily injury, by imprisonment for not 
     more than 30 years;
       ``(E) for destroying or damaging any structure, conveyance, 
     or other real or personal property, by imprisonment for not 
     more than 25 years;
       ``(F) for attempting or conspiring to commit an offense, 
     for any term of years up to the maximum punishment that would 
     have applied had the offense been completed; and
       ``(G) for threatening to commit an offense under this 
     section, by imprisonment for not more than 10 years.
       ``(2) Consecutive sentence.--Notwithstanding any other 
     provision of law, the court shall not place on probation any 
     person convicted of a violation of this section; nor shall 
     the term of imprisonment imposed under this section run 
     concurrently with any other term of imprisonment.
       ``(d) Proof Requirements.--The following shall apply to 
     prosecutions under this section:
       ``(1) Knowledge.--The prosecution is not required to prove 
     knowledge by any defendant of a jurisdictional base alleged 
     in the indictment.
       ``(2) State law.--In a prosecution under this section that 
     is based upon the adoption of State law, only the elements of 
     the offense under State law, and not any provisions 
     pertaining to criminal procedure or evidence, are adopted.
       ``(e) Extraterritorial Jurisdiction.--There is 
     extraterritorial Federal jurisdiction--
       ``(1) over any offense under subsection (a), including any 
     threat, attempt, or conspiracy to commit such offense; and
       ``(2) over conduct which, under section 3, renders any 
     person an accessory after the fact to an offense under 
     subsection (a).
       ``(f) Investigative Authority.--In addition to any other 
     investigative authority with respect to violations of this 
     title, the Attorney General shall have primary investigative 
     responsibility for all Federal crimes of terrorism, and the 
     Secretary of the Treasury shall assist the Attorney General 
     at the request of the Attorney General. Nothing in this 
     section shall be construed to interfere with the authority of 
     the United States Secret Service under section 3056.
       ``(g) Definitions.--As used in this section--
       ``(1) the term `conduct transcending national boundaries' 
     means conduct occurring outside of the United States in 
     addition to the conduct occurring in the United States;
       ``(2) the term `facility of interstate or foreign commerce' 
     has the meaning given that term in section 1958(b)(2);
       ``(3) the term `serious bodily injury' has the meaning 
     given that term in section 1365(g)(3);
       ``(4) the term `territorial sea of the United States' means 
     all waters extending seaward to 12 nautical miles from the 
     baselines of the United States, determined in accordance with 
     international law; and
       ``(5) the term `Federal crime of terrorism' means an 
     offense that--
       ``(A) is calculated to influence or affect the conduct of 
     government by intimidation or coercion, or to retaliate 
     against government conduct; and
       ``(B) is a violation of--
       ``(i) section 32 (relating to destruction of aircraft or 
     aircraft facilities), 37 (relating to violence at 
     international airports), 81 (relating to arson within special 
     maritime and territorial jurisdiction), 175 (relating to 
     biological weapons), 351 (relating to congressional, cabinet, 
     and Supreme Court assassination, kidnapping, and assault), 
     831 (relating to nuclear materials), 842 (m) or (n) (relating 
     to plastic explosives), 844(e) (relating to certain 
     bombings), 844 (f) or (i) (relating to arson and bombing of 
     certain property), 956 (relating to conspiracy to injure 
     property of a foreign government), 1114 (relating to 
     protection of officers and employees of the United States), 
     1116 (relating to murder or manslaughter of foreign 
     officials, official guests, or internationally protected 
     persons), 1203 (relating to hostage taking), 1361 (relating 
     to injury of Government property or contracts), 1362 
     (relating to destruction of communication lines, stations, or 
     systems), 1363 (relating to injury to buildings or property 
     within special maritime and territorial jurisdiction of the 
     United States), 1366 (relating to destruction of an energy 
     facility), 1751 (relating to Presidential and Presidential 
     staff assassination, kidnapping, and assault), 2152 (relating 
     to injury of fortifications, harbor defenses, or defensive 
     sea areas), 2155 (relating to destruction of national defense 
     materials, premises, or utilities), 2156 (relating to 
     production of defective national defense materials, premises, 
     or utilities), 2280 (relating to violence against maritime 
     navigation), 2281 (relating to violence against maritime 
     fixed platforms), 2332 (relating to certain homicides and 
     other violence against United States nationals occurring 
     outside of the United States), 2332a (relating to use of 
     weapons of mass destruction), 2332b (relating to acts of 
     terrorism transcending national boundaries), 2339A (relating 
     to providing material support to terrorists), 2339B (relating 
     to providing material support to terrorist organizations), or 
     2340A (relating to torture);
       ``(ii) section 236 (relating to sabotage of nuclear 
     facilities or fuel) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2284); or

[[Page H3327]]

       ``(iii) section 46502 (relating to aircraft piracy) or 
     section 60123(b) (relating to destruction of interstate gas 
     or hazardous liquid pipeline facility) of title 49.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113B of title 18, United States Code, 
     relating to terrorism, is amended by inserting after the item 
     relating to section 2332a the following new item:

``2332b. Acts of terrorism transcending national boundaries.''.

       (c) Statute of Limitations Amendment.--Section 3286 of 
     title 18, United States Code, is amended--
       (1) by striking ``any offense'' and inserting ``any non-
     capital offense'';
       (2) by striking ``36'' and inserting ``37'';
       (3) by striking ``2331'' and inserting ``2332'';
       (4) by striking ``2339'' and inserting ``2332a''; and
       (5) by inserting ``2332b (acts of terrorism transcending 
     national boundaries),'' after ``(use of weapons of mass 
     destruction),''.
       (d) Presumptive Detention.--Section 3142(e) of title 18, 
     United States Code, is amended by inserting ``, 956(a), or 
     2332b'' after ``section 924(c)''.

     SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR 
                   INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND 
                   TERRITORIAL JURISDICTION.

       Section 1363 of title 18, United States Code, is amended by 
     striking ``any building,'' and all that follows through 
     ``shipping'' and inserting ``any structure, conveyance, or 
     other real or personal property''.

     SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

       (a) In General.--Section 956 of chapter 45 of title 18, 
     United States Code, is amended to read as follows:

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

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

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

     SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES.

       (a) In General.--Title 18, United States Code, is amended--
       (1) in section 114, by striking ``maim or disfigure'' and 
     inserting ``torture (as defined in section 2340), maim, or 
     disfigure'';
       (2) in section 755, by striking ``two years'' and inserting 
     ``5 years'';
       (3) in section 756, by striking ``one year'' and inserting 
     ``five years'';
       (4) in section 878(a), by striking ``by killing, 
     kidnapping, or assaulting a foreign official, official guest, 
     or internationally protected person'';
       (5) in section 1113, by striking ``three years'' and 
     inserting ``seven years''; and
       (6) in section 2332(c), by striking ``five'' and inserting 
     ``ten''.
       (b) Penalty for Carrying Weapons or Explosives on an 
     Aircraft.--Section 46505 of title 49, United States Code, is 
     amended--
       (1) in subsection (b), by striking ``one year'' and 
     inserting ``10 years''; and
       (2) in subsection (c), by striking ``5'' and inserting 
     ``15''.

     SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE 
                   MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT 
                   A CRIME OF VIOLENCE.

       Section 844 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(o) Whoever knowingly transfers any explosive materials, 
     knowing or having reasonable cause to believe that such 
     explosive materials will be used to commit a crime of 
     violence (as defined in section 924(c)(3)) or drug 
     trafficking crime (as defined in section 924(c)(2)) shall be 
     subject to the same penalties as may be imposed under 
     subsection (h) for a first conviction for the use or carrying 
     of an explosive material.''.

     SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

       Section 842(h) of title 18, United States Code, is amended 
     to read as follows:
       ``(h) It shall be unlawful for any person to receive, 
     possess, transport, ship, conceal, store, barter, sell, 
     dispose of, or pledge or accept as security for a loan, any 
     stolen explosive materials which are moving as, which are 
     part of, which constitute, or which have been shipped or 
     transported in, interstate or foreign commerce, either before 
     or after such materials were stolen, knowing or having 
     reasonable cause to believe that the explosive materials were 
     stolen.''.

     SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON 
                   CRIMES.

       (a) In General.--Section 844 of title 18, United States 
     Code, is amended--
       (1) in subsection (e), by striking ``five'' and inserting 
     ``10'';
       (2) by amending subsection (f) to read as follows:
       ``(f)(1) Whoever maliciously damages or destroys, or 
     attempts to damage or destroy, by means of fire or an 
     explosive, any building, vehicle, or other personal or real 
     property in whole or in part owned or possessed by, or leased 
     to, the United States, or any department or agency thereof, 
     shall be imprisoned for not less than 5 years and not more 
     than 20 years, fined under this title, or both.
       ``(2) Whoever engages in conduct prohibited by this 
     subsection, and as a result of such conduct, directly or 
     proximately causes personal injury or creates a substantial 
     risk of injury to any person, including any public safety 
     officer performing duties, shall be imprisoned for not less 
     than 7 years and not more than 40 years, fined under this 
     title, or both.
       ``(3) Whoever engages in conduct prohibited by this 
     subsection, and as a result of such conduct directly or 
     proximately causes the death of any person, including any 
     public safety officer performing duties, shall be subject to 
     the death penalty, or imprisoned for not less than 20 years 
     or for life, fined under this title, or both.'';
       (3) in subsection (h)--
       (A) in the first sentence, by striking ``5 years but not 
     more than 15 years'' and inserting ``10 years''; and
       (B) in the second sentence, by striking ``10 years but not 
     more than 25 years'' and inserting ``20 years''; and
       (4) in subsection (i)--
       (A) by striking ``not more than 20 years, fined the greater 
     of the fine under this title or the cost of repairing or 
     replacing any property that is damaged or destroyed,'' and 
     inserting ``not less than 5 years and not more than 20 years, 
     fined under this title''; and
       (B) by striking ``not more than 40 years, fined the greater 
     of a fine under this title or the cost of repairing or 
     replacing any property that is damaged or destroyed,'' and 
     inserting ``not less than 7 years and not more than 40 years, 
     fined under this title''.
       (b) Conforming Amendment.--Section 81 of title 18, United 
     States Code, is amended by striking ``fined under this title 
     or imprisoned not more than five years, or both'' and 
     inserting ``imprisoned for not more than 25 years, fined the 
     greater of the fine under this title or the cost of repairing 
     or replacing any property that is damaged or destroyed, or 
     both''.
       (c) Statute of Limitation for Arson Offenses.--
       (1) In general.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 3295. Arson offenses

       ``No person shall be prosecuted, tried, or punished for any 
     non-capital offense under section 81 or subsection (f), (h), 
     or (i) of section 844 unless the indictment is found or the 
     information is instituted not later than 10 years after the 
     date on which the offense was committed.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following new item:

``3295. Arson offenses.''.

       (3) Conforming amendment.--Section 844(i) of title 18, 
     United States Code, is amended by striking the last sentence.

     SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING 
                   THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL 
                   MATERIALS.

       (a) Study.--The Attorney General, in consultation with such 
     other officials and individuals as the Attorney General 
     considers appropriate, shall conduct a study concerning--
       (1) the extent to which there is available to the public 
     material in any medium (including print, electronic, or film) 
     that provides instruction on how to make bombs, destructive 
     devices, or weapons of mass destruction;
       (2) the extent to which information gained from such 
     material has been used in incidents of domestic or 
     international terrorism;
       (3) the likelihood that such information may be used in 
     future incidents of terrorism;
       (4) the application of Federal laws in effect on the date 
     of enactment of this Act to such material;
       (5) the need and utility, if any, for additional laws 
     relating to such material; and
       (6) an assessment of the extent to which the first 
     amendment protects such material and its private and 
     commercial distribution.
       (b) Report.--
       (1) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Attorney General shall submit to 
     the Congress a report that contains the results of the study 
     required by this section.
       (2) Availability.--The Attorney General shall make the 
     report submitted under this subsection available to the 
     public.
                    Subtitle B--Criminal Procedures

     SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL 
                   JURISDICTION OVER CERTAIN TERRORISM OFFENSES 
                   OVERSEAS.

       (a) Aircraft Piracy.--Section 46502(b) of title 49, United 
     States Code, is amended--

[[Page H3328]]

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

     SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

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

     SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR 
                   TERRORISM OFFENSES.

       (a) Title 18 Offenses.--
       (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 
     115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 
     18, United States Code, are each amended by inserting ``or 
     conspires'' after ``attempts''.
       (2) Section 115(b)(2) of title 18, United States Code, is 
     amended by striking ``or attempted kidnapping'' both places 
     it appears and inserting ``, attempted kidnapping, or 
     conspiracy to kidnap''.
       (3)(A) Section 115(b)(3) of title 18, United States Code, 
     is amended by striking ``or attempted murder'' and inserting 
     ``, attempted murder, or conspiracy to murder''.
       (B) Section 115(b)(3) of title 18, United States Code, is 
     amended by striking ``and 1113'' and inserting ``, 1113, and 
     1117''.
       (b) Aircraft Piracy.--
       (1) Section 46502(a)(2) of title 49, United States Code, is 
     amended by inserting ``or conspiring'' after ``attempting''.
       (2) Section 46502(b)(1) of title 49, United States Code, is 
     amended by inserting ``or conspiring to commit'' after 
     ``committing''.

     SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB 
                   THREATS.

       Section 844(e) of title 18, United States Code, is amended 
     by striking ``commerce,'' and inserting ``interstate or 
     foreign commerce, or in or affecting interstate or foreign 
     commerce,''.

     SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS 
                   DESTRUCTION STATUTE.

       Section 2332a of title 18, United States Code, is amended--
       (1) in subsection (a)--
       (A) in the subsection heading, by inserting ``Against a 
     National of the United States or Within the United States'' 
     after ``Offense'';
       (B) by striking ``uses, or attempts'' and inserting ``, 
     without lawful authority, uses, threatens, or attempts''; and
       (C) in paragraph (2), by inserting ``, and the results of 
     such use affect interstate or foreign commerce or, in the 
     case of a threat, attempt, or conspiracy, would have affected 
     interstate or foreign commerce'' before the semicolon at the 
     end;
       (2) in subsection (b), by striking subparagraph (B) and 
     inserting the following:
       ``(B) any weapon that is designed or intended to cause 
     death or serious bodily injury through the release, 
     dissemination, or impact of toxic or poisonous chemicals, or 
     their precursors;'';
       (3) by redesignating subsection (b) as subsection (c); and
       (4) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Offense by National of the United States Outside of 
     the United States.--Any national of the United States who, 
     without lawful authority, uses, or threatens, attempts, or 
     conspires to use, a weapon of mass destruction outside of the 
     United States shall be imprisoned for any term of years or 
     for life, and if death results, shall be punished by death, 
     or by imprisonment for any term of years or for life.''.

     SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY 
                   LAUNDERING STATUTE.

       Section 1956(c)(7) of title 18, United States Code, is 
     amended--
       (1) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) murder, kidnapping, robbery, extortion, or 
     destruction of property by means of explosive or fire;''; and
       (2) in subparagraph (D)--
       (A) by inserting after ``an offense under'' the following: 
     ``section 32 (relating to the destruction of aircraft), 
     section 37 (relating to violence at international airports), 
     section 115 (relating to influencing, impeding, or 
     retaliating against a Federal official by threatening or 
     injuring a family member),'';
       (B) by inserting after ``section 215 (relating to 
     commissions or gifts for procuring loans),'' the following: 
     ``section 351 (relating to congressional or Cabinet officer 
     assassination),'';
       (C) by inserting after ``section 798 (relating to 
     espionage),'' the following: ``section 831 (relating to 
     prohibited transactions involving nuclear materials), section 
     844 (f) or (i) (relating to destruction by explosives or fire 
     of Government property or property affecting interstate or 
     foreign commerce),'';
       (D) by inserting after ``section 875 (relating to 
     interstate communications),'' the following: ``section 956 
     (relating to conspiracy to kill, kidnap, maim, or injure 
     certain property in a foreign country),'';
       (E) by inserting after ``section 1032 (relating to 
     concealment of assets from conservator, receiver, or 
     liquidating agent of financial institution),'' the following: 
     ``section 1111 (relating to murder), section 1114 (relating 
     to murder of United States law enforcement officials), 
     section 1116 (relating to murder of foreign officials, 
     official guests, or internationally protected persons),'';
       (F) by inserting after ``section 1203 (relating to hostage 
     taking),'' the following: ``section 1361 (relating to willful 
     injury of Government property), section 1363 (relating to 
     destruction of property within the special maritime and 
     territorial jurisdiction),'';
       (G) by inserting after ``section 1708 (relating to theft 
     from the mail),'' the following: ``section 1751 (relating to 
     Presidential assassination),'';
       (H) by inserting after ``2114 (relating to bank and postal 
     robbery and theft),'' the following: ``section 2280 (relating 
     to violence against maritime navigation), section 2281 
     (relating to violence against maritime fixed platforms),'';
       (I) by striking ``or section 2320'' and inserting ``section 
     2320''; and
       (J) by striking ``of this title'' and inserting the 
     following: ``, section 2332 (relating to terrorist

[[Page H3329]]

     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), or section 2339A (relating to providing 
     material support to terrorists) of this title, section 46502 
     of title 49, United States Code,''.

     SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF 
                   CURRENT OR FORMER OFFICIALS, OFFICERS, OR 
                   EMPLOYEES OF THE UNITED STATES.

       (a) Homicide.--Section 1114 of title 18, United States 
     Code, is amended to read as follows:

     ``Sec. 1114. Protection of officers and employees of the 
       United States

       ``Whoever kills or attempts to kill any officer or employee 
     of the United States or of any agency in any branch of the 
     United States Government (including any member of the 
     uniformed services) while such officer or employee is engaged 
     in or on account of the performance of official duties, or 
     any person assisting such an officer or employee in the 
     performance of such duties or on account of that assistance, 
     shall be punished--
       ``(1) in the case of murder, as provided under section 
     1111;
       ``(2) in the case of manslaughter, as provided under 
     section 1112; or
       ``(3) in the case of attempted murder or manslaughter, as 
     provided in section 1113.''.
       (b) Threats Against Former Officers and Employees.--
       (1) In General.--Section 115(a)(2) of title 18, United 
     States Code, is amended by inserting ``, or threatens to 
     assault, kidnap, or murder, any person who formerly served as 
     a person designated in paragraph (1), or'' after ``assaults, 
     kidnaps, or murders, or attempts to kidnap or murder''.
       (2) Limitation.--Section 115 of title 18, United States 
     Code, is amended by adding at the end the following:
       ``(d) This section shall not interfere with the 
     investigative authority of the United States Secret Service, 
     as provided under section 3056, 871, and 879 of this 
     title.''.
       (c) Amendment To Clarify the Meaning of the Term Deadly or 
     Dangerous Weapon in the Prohibition on Assault on Federal 
     Officers or Employees.--Section 111(b) of title 18, United 
     States Code, is amended by inserting ``(including a weapon 
     intended to cause death or danger but that fails to do so by 
     reason of a defective component)'' after ``deadly or 
     dangerous weapon''.

     SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.

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

     SEC. 729. DETENTION HEARING.

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

     SEC. 730. DIRECTIONS TO SENTENCING COMMISSION.

       The United States Sentencing Commission shall forthwith, in 
     accordance with the procedures set forth in section 21(a) of 
     the Sentencing Act of 1987, as though the authority under 
     that section had not expired, amend the sentencing guidelines 
     so that the chapter 3 adjustment relating to international 
     terrorism only applies to Federal crimes of terrorism, as 
     defined in section 2332b(g) of title 18, United States Code.

     SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM 
                   DEFINITIONS.

       Section 2510 of title 18, United States Code, is amended--
       (1) in paragraph (12)--
       (A) by striking ``or'' at the end of subparagraph (B);
       (B) by adding ``or'' at the end of subparagraph (C); and
       (C) by adding at the end the following new subparagraph:
       ``(D) electronic funds transfer information stored by a 
     financial institution in a communications system used for the 
     electronic storage and transfer of funds;''; and
       (2) in paragraph (16)--
       (A) by adding ``or'' at the end of subparagraph (D);
       (B) by striking ``or'' at the end of subparagraph (E); and
       (C) by striking subparagraph (F).

     SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF 
                   EXPLOSIVE MATERIALS.

       (a) Study.--
       (1) In general.--Not later than 12 months after the date of 
     enactment of this Act, the Secretary of the Treasury 
     (referred to in this section as the ``Secretary'') shall 
     conduct a study of--
       (A) the tagging of explosive materials for purposes of 
     detection and identification;
       (B) the feasibility and practicability of rendering common 
     chemicals used to manufacture explosive materials inert;
       (C) the feasibility and practicability of imposing controls 
     on certain precursor chemicals used to manufacture explosive 
     materials; and
       (D) State licensing requirements for the purchase and use 
     of commercial high explosives, including--
       (i) detonators;
       (ii) detonating cords;
       (iii) dynamite;
       (iv) water gel;
       (v) emulsion;
       (vi) blasting agents; and
       (vii) boosters.
       (2) Exclusion.--No study conducted under this subsection or 
     regulation proposed under subsection (a) shall include black 
     or smokeless powder among the explosive materials considered.
       (b) Consultation.--
       (1) In general.--In conducting the study under subsection 
     (a), the Secretary shall consult with--
       (A) Federal, State, and local officials with expertise in 
     the area of chemicals used to manufacture explosive 
     materials; and
       (B) such other individuals as the Secretary determines are 
     necessary.
       (2) Fertilizer research centers.--In conducting any portion 
     of the study under subsection (a) relating to the regulation 
     and use of fertilizer as a pre-explosive material, the 
     Secretary of the Treasury shall consult with and receive 
     input from non-profit fertilizer research centers.
       (c) Report.--Not later than 30 days after the completion of 
     the study conducted under subsection (a), the Secretary shall 
     submit a report to the Congress, which shall be made public, 
     that contains--
       (1) the results of the study;
       (2) any recommendations for legislation; and
       (3) any opinions and findings of the fertilizer research 
     centers.
       (d) Hearings.--Congress shall have not less than 90 days 
     after the submission of the report under subsection (c) to--
       (1) review the results of the study; and
       (2) hold hearings and receive testimony regarding the 
     recommendations of the Secretary.
       (e) Regulations.--
       (1) In general.--Not later than 6 months after the 
     submission of the report required by subsection (c), the 
     Secretary may submit to Congress and publish in the Federal 
     Register draft regulations for the addition of tracer 
     elements to explosive materials manufactured in or imported 
     into the United States, of such character and in such 
     quantity as the Secretary may authorize or require, if the 
     results of the study conducted under subsection (a) indicate 
     that the tracer elements--
       (A) will not pose a risk to human life or safety;
       (B) will substantially assist law enforcement officers in 
     their investigative efforts;
       (C) will not substantially impair the quality of the 
     explosive materials for their intended lawful use;
       (D) will not have a substantially adverse effect on the 
     environment; and
       (E) the costs associated with the addition of the tracers 
     will not outweigh benefits of their inclusion.
       (2) Effective date.--The regulations under paragraph (1) 
     shall take effect 270 days after the Secretary submits 
     proposed regulations to Congress pursuant to paragraph (1), 
     except to the extent that the effective date is revised or 
     the regulation is otherwise modified or disapproved by an Act 
     of Congress.
               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
                   Subtitle A--Resources and Security

     SEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.

       The Attorney General and the Secretary of the Treasury are 
     authorized to support law enforcement training activities in 
     foreign countries, subject to the concurrence of the 
     Secretary of State, for the purpose of improving the 
     effectiveness of the United States in investigating and 
     prosecuting transnational offenses.

     SEC. 802. SENSE OF CONGRESS.

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

     SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE 
                   DISTRICT OF COLUMBIA.

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

     SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

       Section 2703 of title 18, United States Code, is amended by 
     adding at the end the following new subsection:
       ``(f) Requirement To Preserve Evidence.--
       ``(1) In general.--A provider of wire or electronic 
     communication services or a remote computing service, upon 
     the request of a governmental entity, shall take all 
     necessary steps to preserve records, and other evidence in 
     its possession pending the issuance of a court order or other 
     process.
       ``(2) Period of retention.--Records referred to in 
     paragraph (1) shall be retained for a period of 90 days, 
     which shall be extended for an additional 90-day period upon 
     a renewed request by the governmental entity.''.

     SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A 
                   FEDERAL INTEREST COMPUTER.

       (a) Review.--Not later than 60 calendar days after the date 
     of enactment of this Act, the United States Sentencing 
     Commission shall review the deterrent effect of existing 
     guideline levels as they apply to paragraphs (4) and (5) of 
     section 1030(a) of title 18, United States Code.
       (b) Report.--The United States Sentencing Commission shall 
     prepare and transmit a report to the Congress on the findings 
     under the study conducted under subsection (a).
       (c) Amendment of Guidelines.--Pursuant to its authority 
     under section 994(p) of title 28,

[[Page H3330]]

     United States Code, the United States Sentencing Commission 
     shall amend the sentencing guidelines to ensure any 
     individual convicted of a violation of paragraph (4) or (5) 
     of section 1030(a) of title 18, United States Code, is 
     imprisoned for not less than 6 months.

     SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW 
                   ENFORCEMENT.

       (a) Establishment.--There is established a commission to be 
     known as the ``Commission on the Advancement of Federal Law 
     Enforcement'' (hereinafter in this section referred to as the 
     ``Commission'').
       (b) Duties.--The Commission shall review, ascertain, 
     evaluate, report, and recommend action to the Congress on the 
     following matters:
       (1) The Federal law enforcement priorities for the 21st 
     century, including Federal law enforcement capability to 
     investigate and deter adequately the threat of terrorism 
     facing the United States.
       (2) In general, the manner in which significant Federal 
     criminal law enforcement operations are conceived, planned, 
     coordinated, and executed.
       (3) The standards and procedures used by Federal law 
     enforcement to carry out significant Federal criminal law 
     enforcement operations, and their uniformity and 
     compatibility on an interagency basis, including standards 
     related to the use of deadly force.
       (4) The investigation and handling of specific Federal 
     criminal law enforcement cases by the United States 
     Government and the Federal law enforcement agencies 
     therewith, selected at the Commission's discretion.
       (5) The necessity for the present number of Federal law 
     enforcement agencies and units.
       (6) The location and efficacy of the office or entity 
     directly responsible, aside from the President of the United 
     States, for the coordination on an interagency basis of the 
     operations, programs, and activities of all of the Federal 
     law enforcement agencies.
       (7) The degree of assistance, training, education, and 
     other human resource management assets devoted to increasing 
     professionalism for Federal law enforcement officers.
       (8) The independent accountability mechanisms that exist, 
     if any, and their efficacy to investigate, address, and to 
     correct Federal law enforcement abuses.
       (9) The degree of coordination among law enforcement 
     agencies in the area of international crime and the extent to 
     which deployment of resources overseas diminishes domestic 
     law enforcement.
       (10) The extent to which Federal law enforcement agencies 
     coordinate with State and local law enforcement agencies on 
     Federal criminal enforcement operations and programs that 
     directly affect a State or local law enforcement agency's 
     geographical jurisdiction.
       (11) Such other related matters as the Commission deems 
     appropriate.
       (c) Membership and Administrative Provisions.--
       (1) Number and appointment.--The Commission shall be 
     composed of 5 members appointed as follows:
       (A) 1 member appointed by the President pro tempore of the 
     Senate.
       (B) 1 member appointed by the minority leader of the 
     Senate.
       (C) 1 member appointed by the Speaker of the House of 
     Representatives.
       (D) 1 member appointed by the minority leader of the House 
     of Representatives.
       (E) 1 member (who shall chair the Commission) appointed by 
     the Chief Justice of the Supreme Court.
       (2) Disqualification.--A person who is an officer or 
     employee of the United States shall not be appointed a member 
     of the Commission.
       (3) Terms.--Each member shall be appointed for the life of 
     the Commission.
       (4) Quorum.--3 members of the Commission shall constitute a 
     quorum but a lesser number may hold hearings.
       (5) Meetings.--The Commission shall meet at the call of the 
     Chair of the Commission.
       (6) Compensation.--Each member of the Commission who is not 
     an officer or employee of the Federal Government shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day, including travel time, during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (d) Staffing and Support Functions.--
       (1) Director.--The Commission shall have a director who 
     shall be appointed by the Chair of the Commission.
       (2) Staff.--Subject to rules prescribed by the Commission, 
     the Director may appoint additional personnel as the 
     Commission considers appropriate.
       (3) Applicability of certain civil service laws.--The 
     Director and staff of the Commission shall be appointed 
     subject to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and shall 
     be paid in accordance with the provisions of chapter 51 and 
     subchapter III of chapter 53 of that title relating to 
     classification and General Schedule pay rates.
       (e) Powers.--
       (1) Hearings and sessions.--The Commission may, for the 
     purposes of carrying out this Act, hold hearings, sit and act 
     at times and places, take testimony, and receive evidence as 
     the Commission considers appropriate. The Commission may 
     administer oaths or affirmations to witnesses appearing 
     before it. The Commission may establish rules for its 
     proceedings.
       (2) Powers of members and agents.--Any member or agent of 
     the Commission may, if authorized by the Commission, take any 
     action which the Commission is authorized to take by this 
     section.
       (3) Obtaining official data.--The Commission may secure 
     directly from any department or agency of the United States 
     information necessary to enable it to carry out this section. 
     Upon request of the Chair of the Commission, the head of that 
     department or agency shall furnish that information to the 
     Commission, unless doing so would threaten the national 
     security, the health or safety of any individual, or the 
     integrity of an ongoing investigation.
       (4) Administrative support services.--Upon the request of 
     the Commission, the Administrator of General Services shall 
     provide to the Commission, on a reimbursable basis, the 
     administrative support services necessary for the Commission 
     to carry out its responsibilities under this title.
       (f) Report.--The Commission shall transmit a report to the 
     Congress and the public not later than 2 years after a quorum 
     of the Commission has been appointed. The report shall 
     contain a detailed statement of the findings and conclusions 
     of the Commission, together with the Commission's 
     recommendations for such actions as the Commission considers 
     appropriate.
       (g) Termination.--The Commission shall terminate 30 days 
     after submitting the report required by this section.

     SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED 
                   STATES CURRENCY.

       (a) In General.--The Secretary of the Treasury (hereafter 
     in this section referred to as the ``Secretary''), in 
     consultation with the advanced counterfeit deterrence 
     steering committee, shall--
       (1) study the use and holding of United States currency in 
     foreign countries; and
       (2) develop useful estimates of the amount of counterfeit 
     United States currency that circulates outside the United 
     States each year.
       (b) Evaluation Audit Plan.--
       (1) In general.--The Secretary shall develop an effective 
     international evaluation audit plan that is designed to 
     enable the Secretary to carry out the duties described in 
     subsection (a) on a regular and thorough basis.
       (2) Submission of detailed written summary.--The Secretary 
     shall submit a detailed written summary of the evaluation 
     audit plan developed pursuant to paragraph (1) to the 
     Congress before the end of the 6-month period beginning on 
     the date of the enactment of this Act.
       (3) 1st evaluation audit under plan.--The Secretary shall 
     begin the first evaluation audit pursuant to the evaluation 
     audit plan no later than the end of the 1-year period 
     beginning on the date of the enactment of this Act.
       (4) Subsequent evaluation audits.--At least 1 evaluation 
     audit shall be performed pursuant to the evaluation audit 
     plan during each 3-year period beginning after the date of 
     the commencement of the evaluation audit referred to in 
     paragraph (3).
       (c) Reports.--
       (1) In general.--The Secretary shall submit a written 
     report to the Committee on Banking and Financial Services of 
     the House of Representatives and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate on the results of 
     each evaluation audit conducted pursuant to subsection (b) 
     within 90 days after the completion of the evaluation audit.
       (2) Contents.--In addition to such other information as the 
     Secretary may determine to be appropriate, each report 
     submitted to the Congress pursuant to paragraph (1) shall 
     include the following information:
       (A) A detailed description of the evaluation audit process 
     and the methods used to develop estimates of the amount of 
     counterfeit United States currency in circulation outside the 
     United States.
       (B) The method used to determine the currency sample 
     examined in connection with the evaluation audit and a 
     statistical analysis of the sample examined.
       (C) A list of the regions of the world, types of financial 
     institutions, and other entities included.
       (D) An estimate of the total amount of United States 
     currency found in each region of the world.
       (E) The total amount of counterfeit United States currency 
     and the total quantity of each counterfeit denomination found 
     in each region of the world.
       (3) Classification of information.--
       (A) In general.--To the greatest extent possible, each 
     report submitted to the Congress under this subsection shall 
     be submitted in an unclassified form.
       (B) Classified and unclassified forms.--If, in the interest 
     of submitting a complete report under this subsection, the 
     Secretary determines that it is necessary to include 
     classified information in the report, the report shall be 
     submitted in a classified and an unclassified form.
       (d) Sunset Provision.--This section shall cease to be 
     effective as of the end of the 10-year period beginning on 
     the date of the enactment of this Act.
       (e) Rule of Construction.--No provision of this section 
     shall be construed as authorizing any entity to conduct 
     investigations of counterfeit United States currency.
       (f) Findings.--The Congress hereby finds the following:
       (1) United States currency is being counterfeited outside 
     the United States.
       (2) The 103d Congress enacted, with the approval of the 
     President on September 13, 1994, section 470 of title 18, 
     United States Code, making such activity a crime under the 
     laws of the United States.
       (3) The expeditious posting of agents of the United States 
     Secret Service to overseas posts, which is necessary for the 
     effective enforcement of section 470 and related criminal 
     provisions, has been delayed.
       (4) While section 470 of title 18, United States Code, 
     provides for a maximum term of imprisonment of 20 years as 
     opposed to a maximum term

[[Page H3331]]

     of 15 years for domestic counterfeiting, the United States 
     Sentencing Commission has failed to provide, in its 
     sentencing guidelines, for an appropriate enhancement of 
     punishment for defendants convicted of counterfeiting United 
     States currency outside the United States.
       (g) Timely Consideration of Requests for Concurrence in 
     Creation of Overseas Posts.--
       (1) In general.--The Secretary of State shall--
       (A) consider in a timely manner the request by the 
     Secretary of the Treasury for the placement of such number of 
     agents of the United States Secret Service as the Secretary 
     of the Treasury considers appropriate in posts in overseas 
     embassies; and
       (B) reach an agreement with the Secretary of the Treasury 
     on such posts as soon as possible and, in any event, not 
     later than December 31, 1996.
       (2) Cooperation of treasury required.--The Secretary of the 
     Treasury shall promptly provide any information requested by 
     the Secretary of State in connection with such requests.
       (3) Reports required.--The Secretary of the Treasury and 
     the Secretary of State shall each submit, by February 1, 
     1997, a written report to the Committee on Banking and 
     Financial Services of the House of Representatives and the 
     Committee on Banking, Housing, and Urban Affairs of the 
     Senate explaining the reasons for the rejection, if any, of 
     any proposed post and the reasons for the failure, if any, to 
     fill any approved post by such date.
       (h) Enhanced Penalties for International Counterfeiting of 
     United States Currency.--Pursuant to the authority of the 
     United States Sentencing Commission under section 994 of 
     title 28, United States Code, the Commission shall amend the 
     sentencing guidelines prescribed by the Commission to provide 
     an appropriate enhancement of the punishment for a defendant 
     convicted under section 470 of title 18 of such Code.

     SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION 
                   OF GOVERNMENT EMPLOYEES.

       (a) Findings.--The Congress finds that--
       (1) threats of violence and acts of violence against 
     Federal, State, and local government employees and their 
     families are increasing as the result of attempts to stop 
     public servants from performing their lawful duties;
       (2) these acts are a danger to the constitutional form of 
     government of the United States; and
       (3) more information is needed relating to the extent and 
     nature of the danger to these employees and their families so 
     that actions can be taken to protect public servants at all 
     levels of government in the performance of their duties.
       (b) Statistics.--The Attorney General shall collect data, 
     for the calendar year 1990 and each succeeding calendar year 
     thereafter, relating to crimes and incidents of threats of 
     violence and acts of violence against Federal, State, and 
     local government employees and their families in the 
     performance of their lawful duties. Such data shall include--
       (1) in the case of crimes against such employees and their 
     families, the nature of the crime; and
       (2) in the case of incidents of threats of violence and 
     acts of violence, including verbal and implicit threats 
     against such employees and their families, the deterrent 
     effect on the performance of their jobs.
       (c) Guidelines.--The Attorney General shall establish 
     guidelines for the collection of the data under subsection 
     (b), including a definition of the sufficiency of evidence of 
     noncriminal incidents required to be reported.
       (d) Use of Data.--
       (1) Annual publishing.--The Attorney General shall publish 
     an annual summary of the data collected under this section.
       (2) Use of data.--Except with respect to the summary 
     published under paragraph (1), data collected under this 
     section shall be used only for research and statistical 
     purposes.
       (e) Exemption.--The Attorney General, the Secretary of 
     State, and the United States Secret Service is not required 
     to participate in any statistical reporting activity under 
     this section with respect to any direct or indirect threat 
     made against any individual for whom that official or Service 
     is authorized to provide protection.

     SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW 
                   ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF 
                   FIREARMS AND AMMUNITION.

       (a) The Secretary of the Treasury, in conjunction with the 
     Attorney General, shall conduct a study and make 
     recommendations concerning--
       (1) the extent and nature of the deaths and serious 
     injuries, in the line of duty during the last decade, for law 
     enforcement officers, including--
       (A) those officers who were feloniously killed or seriously 
     injured and those that died or were seriously injured as a 
     result of accidents or other non-felonious causes;
       (B) those officers feloniously killed or seriously injured 
     with firearms, those killed or seriously injured with, 
     separately, handguns firing handgun caliber ammunition, 
     handguns firing rifle caliber ammunition, rifles firing rifle 
     caliber ammunition, rifles firing handgun caliber ammunition 
     and shotguns;
       (C) those officers feloniously killed or seriously injured 
     with firearms, and killings or serious injuries committed 
     with firearms taken by officers' assailants from officers, 
     and those committed with other officers' firearms; and
       (D) those killed or seriously injured because shots 
     attributable to projectiles defined as ``armor piercing 
     ammunition'' under section 921(a)(17)(B) (i) and (ii) of 
     title 18, United States Code, pierced the protective material 
     of bullet resistant vests and bullet resistant headgear;
       (2) whether current passive defensive strategies, such as 
     body armor, are adequate to counter the criminal use of 
     firearms against law officers; and
       (3) the calibers of ammunition that are--
       (A) sold in the greatest quantities;
       (B) their common uses, according to consultations with 
     industry, sporting organizations and law enforcement;
       (C) the calibers commonly used for civilian defensive or 
     sporting uses that would be affected by any prohibition on 
     non-law enforcement sales of such ammunition, if such 
     ammunition is capable of penetrating minimum level bullet 
     resistant vests; and
       (D) recommendations for increase in body armor capabilities 
     to further protect law enforcement from threat.
       (b) In conducting the study, the Secretary shall consult 
     with other Federal, State and local officials, non-
     governmental organizations, including all national police 
     organizations, national sporting organizations and national 
     industry associations with expertise in this area and such 
     other individuals as shall be deemed necessary. Such study 
     shall be presented to Congress twelve months after the 
     enactment of this Act and made available to the public, 
     including any data tapes or data used to form such 
     recommendations.
       (c) There are authorized to be appropriated for the study 
     and recommendations such sums as may be necessary.

     SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE.

       (a) Study.--The Attorney General and the Director of the 
     Federal Bureau of Investigation shall study all applicable 
     laws and guidelines relating to electronic surveillance and 
     the use of pen registers and other trap and trace devices.
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Attorney General shall submit a 
     report to the Congress that includes--
       (1) the findings of the study conducted pursuant to 
     subsection (a);
       (2) recommendations for the use of electronic devices in 
     conducting surveillance of terrorist or other criminal 
     organizations, and for any modifications in the law necessary 
     to enable the Federal Government to fulfill its law 
     enforcement responsibilities within appropriate 
     constitutional parameters;
       (3) a summary of instances in which Federal law enforcement 
     authorities may have abused electronic surveillance powers 
     and recommendations, if needed, for constitutional safeguards 
     relating to the use of such powers; and
       (4) a summary of efforts to use current wiretap authority, 
     including detailed examples of situations in which expanded 
     authority would have enabled law enforcement authorities to 
     fulfill their responsibilities.
         Subtitle B--Funding Authorizations for Law Enforcement

     SEC. 811. FEDERAL BUREAU OF INVESTIGATION.

       (a) In General.--With funds made available pursuant to 
     subsection (c)--
       (1) the Attorney General shall--
       (A) provide support and enhance the technical support 
     center and tactical operations of the Federal Bureau of 
     Investigation;
       (B) create a Federal Bureau of Investigation 
     counterterrorism and counterintelligence fund for costs 
     associated with the investigation of cases involving cases of 
     terrorism;
       (C) expand and improve the instructional, operational 
     support, and construction of the Federal Bureau of 
     Investigation Academy;
       (D) construct a Federal Bureau of Investigation laboratory, 
     provide laboratory examination support, and provide for a 
     command center;
       (E) make grants to States to carry out the activities 
     described in subsection (b); and
       (F) increase personnel to support counterterrorism 
     activities; and
       (2) the Director of the Federal Bureau of Investigation may 
     expand the combined DNA Identification System (CODIS) to 
     include Federal crimes and crimes committed in the District 
     of Columbia.
       (b) State Grants.--
       (1) Authorization.--The Attorney General, in consultation 
     with the Director of the Federal Bureau of Investigation, may 
     make grants to each State eligible under paragraph (2) to be 
     used by the chief executive officer of the State, in 
     conjunction with units of local government, other States, or 
     any combination thereof, to carry out all or part of a 
     program to establish, develop, update, or upgrade--
       (A) computerized identification systems that are compatible 
     and integrated with the databases of the National Crime 
     Information Center of the Federal Bureau of Investigation;
       (B) the capability to analyze deoxyribonucleic acid (DNA) 
     in a forensic laboratory in ways that are compatible and 
     integrated with the combined DNA Identification System 
     (CODIS) of the Federal Bureau of Investigation; and
       (C) automated fingerprint identification systems that are 
     compatible and integrated with the Integrated Automated 
     Fingerprint Identification System (IAFIS) of the Federal 
     Bureau of Investigation.
       (2) Eligibility.--To be eligible to receive a grant under 
     this subsection, a State shall require that each person 
     convicted of a felony of a sexual nature shall provide to 
     appropriate State law enforcement officials, as designated by 
     the chief executive officer of the State, a sample of blood, 
     saliva, or other specimen necessary to conduct a DNA analysis 
     consistent with the standards established for DNA testing by 
     the Director of the Federal Bureau of Investigation.
       (3) Interstate compacts.--A State may enter into a compact 
     or compacts with another State or States to carry out this 
     subsection.
       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     for the activities of the Federal Bureau of Investigation, to 
     help meet the increased demands for activities to combat 
     terrorism--

[[Page H3332]]

       (A) $114,000,000 for fiscal year 1997;
       (B) $166,000,000 for fiscal year 1998;
       (C) $96,000,000 for fiscal year 1999; and
       (D) $92,000,000 for fiscal year 2000.
       (2) Availability of funds.--Funds made available pursuant 
     to paragraph (1), in any fiscal year, shall remain available 
     until expended.
       (3) Allocation.--
       (A) In general.--Of the total amount appropriated to carry 
     out subsection (b) in a fiscal year--
       (i) the greater of 0.25 percent of such amount or $500,000 
     shall be allocated to each eligible State; and
       (ii) of the total funds remaining after the allocation 
     under clause (i), there shall be allocated to each State an 
     amount which bears the same ratio to the amount of remaining 
     funds described in this subparagraph as the population of 
     such State bears to the population of all States.
       (B) Definition.--For purposes of this paragraph, the term 
     ``State'' means any State of the United States, the District 
     of Columbia, the Commonwealth of Puerto Rico, the Virgin 
     Islands, American Samoa, Guam, and the Commonwealth of the 
     Northern Mariana Islands, except that for purposes of the 
     allocation under this subparagraph, American Samoa and the 
     Commonwealth of the Northern Mariana Islands shall be 
     considered as one State and that for these purposes, 67 
     percent of the amounts allocated shall be allocated to 
     American Samoa, and 33 percent to the Commonwealth of the 
     Northern Mariana Islands.

     SEC. 812. UNITED STATES CUSTOMS SERVICE.

       (a) In General.--There are authorized to be appropriated 
     for the activities of the United States Customs Service, to 
     help meet the increased needs of the United States Customs 
     Service--
       (1) $8,000,000 for fiscal year 1997;
       (2) $8,000,000 for fiscal year 1998;
       (3) $8,000,000 for fiscal year 1999; and
       (4) $7,000,000 for fiscal year 2000.
       (b) Availability of Funds.--Funds made available pursuant 
     to subsection (a), in any fiscal year, shall remain available 
     until expended.

     SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE.

       (a) In General.--There are authorized to be appropriated 
     for the activities of the Immigration and Naturalization 
     Service, to help meet the increased needs of the Immigration 
     and Naturalization Service, including the detention and 
     removal of alien terrorists, $5,000,000 for each of the 
     fiscal years 1997, 1998, 1999, and 2000.
       (b) Availability of Funds.--Funds made available pursuant 
     to subsection (a), in any fiscal year, shall remain available 
     until expended.

     SEC. 814. DRUG ENFORCEMENT ADMINISTRATION.

       (a) Activities of Drug Enforcement Administration.--The 
     Attorney General shall use funds made available pursuant to 
     subsection (b) to--
       (1) fund antiviolence crime initiatives;
       (2) fund initiatives to address major violators of Federal 
     antidrug statutes; and
       (3) enhance or replace infrastructure of the Drug 
     Enforcement Administration.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Drug Enforcement Administration, to 
     help meet the increased needs of the Drug Enforcement 
     Administration--
       (1) $35,000,000 for fiscal year 1997;
       (2) $40,000,000 for fiscal year 1998;
       (3) $45,000,000 for fiscal year 1999; and
       (4) $52,000,000 for fiscal year 2000.
       (c) Availability of Funds.--Funds made available pursuant 
     to this section, in any fiscal year, shall remain available 
     until expended.

     SEC. 815. DEPARTMENT OF JUSTICE.

       (a) In General.--The Attorney General shall use funds made 
     available pursuant to subsection (b) to--
       (1) hire additional Assistant United States Attorneys and 
     attorneys within the Criminal Division of the Department of 
     Justice; and
       (2) provide for increased security at courthouses and other 
     facilities in which Federal workers are employed.
       (b) Authorization of Additional Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 1997;
       (2) $10,000,000 for fiscal year 1998;
       (3) $10,000,000 for fiscal year 1999; and
       (4) $11,000,000 for fiscal year 2000.
       (c) Availability of Funds.--Funds made available pursuant 
     to this section, in any fiscal year, shall remain available 
     until expended.
       (d) Exemption Authority.--Notwithstanding any other 
     provision of law, section 102(b) of the Department of Justice 
     and Related Agencies Appropriations Act, 1993 (Public Law 
     102-395), shall remain in effect until specifically repealed, 
     subject to any limitation on appropriations contained in any 
     Department of Justice Appropriation Authorization Act.
       (e) General Reward Authority of the Attorney General.--
       (1) In general.--Chapter 203 of title 18, United States 
     Code, is amended by adding immediately after section 3059A 
     the following section:

     ``Sec. 3059B. General reward authority

       ``(a) Notwithstanding any other provision of law, the 
     Attorney General may pay rewards and receive from any 
     department or agency funds for the payment of rewards under 
     this section to any individual who assists the Department of 
     Justice in performing its functions.
       ``(b) Not later than 30 days after authorizing a reward 
     under this section that exceeds $100,000, the Attorney 
     General shall give notice to the respective chairmen of the 
     Committees on Appropriations and the Committees on the 
     Judiciary of the Senate and the House of Representatives.
       ``(c) A determination made by the Attorney General to 
     authorize an award under this section and the amount of any 
     reward authorized shall be final and conclusive, and not 
     subject to judicial review.''.

     SEC. 816. DEPARTMENT OF THE TREASURY.

       (a) In General.--There are authorized to be appropriated 
     for Department of Treasury law enforcement agencies engaged 
     in counterterrorism efforts to augment those efforts--
       (1) $10,000,000 for fiscal year 1997;
       (2) $10,000,000 for fiscal year 1998;
       (3) $10,000,000 for fiscal year 1999; and
       (4) $10,000,000 for fiscal year 2000.
       (b) United States Secret Service.--There are authorized to 
     be appropriated for the activities of the United States 
     Secret Service, to augment White House security and expand 
     Presidential protection activities--
       (1) $11,000,000 for fiscal year 1997;
       (2) $11,000,000 for fiscal year 1998;
       (3) $13,000,000 for fiscal year 1999; and
       (4) $15,000,000 for fiscal year 2000.

     SEC. 817. UNITED STATES PARK POLICE.

       (a) In General.--There are authorized to be appropriated 
     for the activities of the United States Park Police, to help 
     meet the increased needs of the United States Park Police, 
     $500,000 for each of the fiscal years 1997, 1998, 1999, and 
     2000.
       (b) Availability of Funds.--Funds made available pursuant 
     to this section, in any fiscal year, shall remain available 
     until expended.

     SEC. 818. THE JUDICIARY.

       (a) In General.--There are authorized to be appropriated to 
     the Federal judiciary, to help meet the increased demands for 
     judicial branch activities, including supervised release, and 
     pretrial and probation services, resulting from the enactment 
     of this Act--
       (1) $10,000,000 for fiscal year 1997;
       (2) $10,000,000 for fiscal year 1998;
       (3) $10,000,000 for fiscal year 1999; and
       (4) $11,000,000 for fiscal year 2000.
       (b) Availability of Funds.--Funds made available pursuant 
     to this section, in any fiscal year, shall remain available 
     until expended.

     SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

       (a) Grant Authorization.--The Attorney General, in 
     consultation with the Director of the Federal Emergency 
     Management Agency, may make grants to provide specialized 
     training and equipment to enhance the capability of 
     metropolitan fire and emergency service departments to 
     respond to terrorist attacks.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for fiscal year 1997, $5,000,000 to carry 
     out this section.

     SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE 
                   EXPLOSIVE DETECTION DEVICES AND OTHER 
                   COUNTERTERRORISM TECHNOLOGY.

       There are authorized to be appropriated to the National 
     Institute of Justice Office of Science and Technology not 
     more than $10,000,000 for each of the fiscal years 1997 and 
     1998 to provide assistance to foreign countries facing an 
     imminent danger of terrorist attack that threatens the 
     national interest of the United States, or puts United States 
     nationals at risk, in--
       (1) obtaining explosive detection devices and other 
     counterterrorism technology;
       (2) conducting research and development projects on such 
     technology; and
       (3) testing and evaluating counterterrorism technologies in 
     those countries.

     SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT 
                   COUNTERTERRORISM TECHNOLOGIES.

       There are authorized to be appropriated to the National 
     Institute of Justice Office of Science and Technology not 
     more than $10,000,000 for fiscal year 1997, to--
       (1) develop technologies that can be used to combat 
     terrorism, including technologies in the areas of--
       (A) detection of weapons, explosives, chemicals, and 
     persons;
       (B) tracking;
       (C) surveillance;
       (D) vulnerability assessment; and
       (E) information technologies;
       (2) develop standards to ensure the adequacy of products 
     produced and compatibility with relevant national systems; 
     and
       (3) identify and assess requirements for technologies to 
     assist State and local law enforcement in the national 
     program to combat terrorism.

     SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR 
                   TRAINING AND EQUIPMENT.

       (a) Amendment of Byrne Grant Program.--Section 501(b) of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3751(b)) is amended--
       (1) by striking ``and'' at the end of paragraph (24);
       (2) by striking the period at the end of paragraph (25) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(26) to develop and implement antiterrorism training 
     programs and to procure equipment for use by local law 
     enforcement authorities.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated $25,000,000 for each of fiscal years 1997 
     through 2000 for grants under section 501 of the Omnibus 
     Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3751(b)) to be used for the development and implementation of 
     antiterrorism training programs and to procure equipment for 
     use by local law enforcement authorities.

     SEC. 823. FUNDING SOURCE.

       Appropriations for activities authorized in this subtitle 
     may be made from the Violent Crime Reduction Trust Fund.

[[Page H3333]]

                        TITLE IX--MISCELLANEOUS

     SEC. 901. EXPANSION OF TERRITORIAL SEA.

       (a) Territorial Sea Extending to Twelve Miles Included in 
     Special Maritime and Territorial Jurisdiction.--The Congress 
     declares that all the territorial sea of the United States, 
     as defined by Presidential Proclamation 5928 of December 27, 
     1988, for purposes of Federal criminal jurisdiction is part 
     of the United States, subject to its sovereignty, and is 
     within the special maritime and territorial jurisdiction of 
     the United States for the purposes of title 18, United States 
     Code.
       (b) Assimilated Crimes in Extended Territorial Sea.--
     Section 13 of title 18, United States Code, is amended--
       (1) in subsection (a), by inserting after ``title,'' the 
     following: ``or on, above, or below any portion of the 
     territorial sea of the United States not within the 
     jurisdiction of any State, Commonwealth, territory, 
     possession, or district''; and
       (2) by adding at the end the following new subsection:
       ``(c) Whenever any waters of the territorial sea of the 
     United States lie outside the territory of any State, 
     Commonwealth, territory, possession, or district, such waters 
     (including the airspace above and the seabed and subsoil 
     below, and artificial islands and fixed structures erected 
     thereon) shall be deemed, for purposes of subsection (a), to 
     lie within the area of the State, Commonwealth, territory, 
     possession, or district that it would lie within if the 
     boundaries of such State, Commonwealth, territory, 
     possession, or district were extended seaward to the outer 
     limit of the territorial sea of the United States.''.

     SEC. 902. PROOF OF CITIZENSHIP.

       Notwithstanding any other provision of law, a Federal, 
     State, or local government agency may not use a voter 
     registration card (or other related document) that evidences 
     registration for an election for Federal office, as evidence 
     to prove United States citizenship.

     SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES.

       (a) In General.--Section 3006A of title 18, United States 
     Code, is amended--
       (1) in subsection (d)--
       (A) by redesignating paragraphs (4), (5) and (6) as 
     paragraphs (5), (6), and (7), respectively; and
       (B) by inserting after paragraph (3) the following:
       ``(4) Disclosure of fees.--The amounts paid under this 
     subsection, for representation in any case, shall be made 
     available to the public.''; and
       (2) in subsection (e) by adding at the end of the 
     following:
       ``(4) Disclosure of fees.--The amounts paid under this 
     subsection for services in any case shall be made available 
     to the public.''.
       (b) Fees and Expenses and Capital Cases.--Section 
     408(q)(10) of the Controlled Substances Act (21 U.S.C. 
     848(q)(10)) is amended to read as follows:
       ``(10)(A) Compensation shall be paid to attorneys appointed 
     under this subsection at a rate of not more than $125, per 
     hour for in-court and out-of-court time. Not less than 3 
     years after the date of the enactment of the Antiterrorism 
     and Effective Death Penalty Act of 1996, the Judicial 
     Conference is authorized to raise the maximum for hourly 
     payment specified in the paragraph up to the aggregate of the 
     overall average percentages of the adjustments in the rates 
     of pay for the General Schedule made pursuant to section 5305 
     of title 5 on or after such date. After the rates are raised 
     under the preceding sentence, such hourly range may be raised 
     at intervals of not less than one year, up to the aggregate 
     of the overall average percentages of such adjustments made 
     since the last raise under this paragraph.
       ``(B) Fees and expenses paid for investigative, expert, and 
     other reasonably necessary services authorized under 
     paragraph (9) shall not exceed $7,500 in any case, unless 
     payment in excess of that limit is certified by the court, or 
     by the United States magistrate judge, if the services were 
     rendered in connection with the case disposed of entirely 
     before such magistrate judge, as necessary to provide fair 
     compensation for services of an unusual character or 
     duration, and the amount of the excess payment is approved by 
     the chief judge of the circuit. The chief judge of the 
     circuit may delegate such approval authority to an active 
     circuit judge.
       ``(C) The amounts paid under this paragraph for services in 
     any case shall be disclosed to the public, after the 
     disposition of the petition.''.
       (c) Effective Date.--The amendments made by this section 
     apply to--
       (1) cases commenced on or after the date of the enactment 
     of this Act; and
       (2) to appellate proceedings, in which an appeal is 
     perfected, on or after the date of the enactment of this Act.

     SEC. 904. SEVERABILITY.

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

       That the Senate recede from its disagreement to the 
     amendment of the House to the title of the bill and agree to 
     the same with an amendment as follows:
       In lieu of the matter proposed to be inserted by the 
     amendment of the House to the title of the bill, insert the 
     following: ``An Act to deter terrorism, provide justice for 
     victims, provide for an effective death penalty, and for 
     other purposes.''.

       And the House agree to the same.

     Henry Hyde,
     Bill McCollum,
     Steven Schiff,
     Steve Buyer,
     Bob Barr,
     Charles Schumer,
                                Managers on the part of the House.

     Orrin G. Hatch,
     Strom Thurmond,
     Alan K. Simpson,
                               Managers on the part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the Senate and the House at the 
     conference on the disagreeing votes of the two Houses on the 
     bill (S. 735), to prevent and punish terrorism, submit the 
     following joint statement to the Senate and the House in 
     explanation of the effect of the action agreed upon by the 
     managers and recommended in the accompanying conference 
     report.

                     TITLE I--HABEAS CORPUS REFORM

       Sections 101-108--Sections 601-608 of the Senate bill and 
     sections 901-908 of the House amendment are identical, and 
     therefore were not modified by the conference committee.
       This title incorporates reforms to curb the abuse of the 
     statutory writ of habeas corpus, and to address the acute 
     problems of unnecessary delay and abuse in capital cases. It 
     sets a one year limitation on an application for a habeas 
     writ and revises the procedures for consideration of a writ 
     in federal court. It provides for the exhaustion of state 
     remedies and requires deference to the determinations of 
     state courts that are neither ``contrary to,'' nor an 
     ``unreasonable application of,'' clearly established federal 
     law.
       The revision in capital habeas practice also sets a time 
     limit within which the district court must act on a writ, and 
     provides the government with the right to seek a writ of 
     mandamus if the district court refuses to act within the 
     allotted time period. Successive petitions must be approved 
     by a panel of the court of appeals and are limited to those 
     petitions that contain newly discovered evidence that would 
     seriously undermine the jury's verdict or that involve new 
     constitutional rights that have been retroactively applied by 
     the Supreme Court.
       In capital cases, procedures are established for the 
     appointment of counsel, conduct of evidentiary hearings, and 
     the application of the procedures to state unitary review 
     systems. Courts are directed to give habeas petitions in 
     capital cases priority status and to decide those petitions 
     within specified time periods. These procedures apply both to 
     state and federal capital cases.

                     TITLE II--JUSTICE FOR VICTIMS

                Subtitle A--Mandatory Victim Restitution

       Sections 201-211--Senate recedes to section 806 of the 
     House amendment, with modification. The modification includes 
     the Senate amendments to the bill H.R. 665, passed by the 
     Senate on December 22, 1995, together with perfecting 
     amendments. The managers intend that the Report of the Senate 
     Committee on the Judiciary to accompany H.R. 665 (S.Rept. 
     104-179) should serve as the legislative history for this 
     subtitle.

     Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

       Section 221--House section 803 recedes to Senate section 
     206, with modifications. This subtitle provides that nations 
     designated as state sponsors of terrorism under section 6(j) 
     of the Export Administration Act of 1979 will be amenable to 
     suit in U.S. courts for terrorist acts. It permits U.S. 
     federal courts to hear claims seeking money damages for 
     personal injury or death against such nations and arising 
     from terrorist acts they commit, or direct to be committed, 
     against American citizens or nationals outside of the foreign 
     state's territory, and for such acts within the state's 
     territory if the state involved has refused to arbitrate the 
     claim.

             Subtitle C--Assistance to Victims of Terrorism

       This subtitle incorporates several provisions of the Senate 
     bill and the House amendment addressing the needs of victims 
     of terrorism.
       Section 232--Victims of Terrorism Act. House recedes to 
     Senate Title X, with modifications to reflect the Senate's 
     later action on a similar provision in its December 22, 1995 
     amendment H.R. 665. This provision authorizes supplemental 
     grants through the States to compensate and assist victims of 
     terrorism and mass violence.
       Section 233--Compensation of victims of terrorism. Senate 
     recedes to House section 802, with a modification to include 
     Senate section 902.
       Section 234--Crime Victims Fund.
       This provision consists of section 201 of the Senate 
     amendment to H.R. 665, passed by the Senate December 22, 
     1995. The section prohibits the payment of federally-funded 
     victim assistance to any individual who is delinquent in 
     paying a fine, restitution, or other monetary penalty imposed 
     pursuant to a conviction for a crime in federal court. To 
     ensure that a burden is not imposed on state victim 
     assistance programs, as well as to ensure that no person is 
     wrongfully denied assistance, this prohibition would not take 
     effect until such time as a criminal debt tracking system is 
     in place. The managers do not intend that this provision in 
     any way affect the development of the tracking system 
     referenced by this section.
       Section 235--Closed circuit televised court proceedings for 
     victims of crime. Senate recedes to section 808 of the House 
     amendment,

[[Page H3334]]

     with a modification. This section requires, in certain cases 
     when the venue of a criminal trial is moved, that the court 
     provide closed circuit television coverage of the trial to 
     the original venue for the benefit of victims. The Senate 
     modification is intended to ensure that the court retains 
     control over the signal, provides contempt penalties for 
     violating a court order related to restrictions on the 
     signal, removes the prohibition on the use of appropriated 
     funds, and sunsets the provision upon implementation by the 
     federal courts of any rules they may promulgate to effectuate 
     the policy addressed by this section. The managers do not 
     intend that this provision in any way effect either the 
     general policy of Rule 53 of the Federal Rules of Criminal 
     Procedure (prohibiting photography and broadcasting in 
     federal criminal court proceedings), or the authority of the 
     federal courts to regulate and prescribe rules for conduct in 
     federal courts.
       Section 236--This section makes a technical correction to 
     the Victims of Crime Act.

            TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS

     Subtitle A--Prohibition on International Terrorist Fundraising

       Sections 301-303--House recedes to Senate sections 401, 
     with modifications. This subtitle adds to federal law 
     prohibitions on providing material support to, or soliciting 
     or raising funds for, foreign organizations designated by the 
     Secretary of State, in consultation with the Secretary of the 
     Treasury and the Attorney General, to be terrorist 
     organizations. Importantly, the proposed designations of 
     organizations would be subject to congressional approval. 
     Upon notification to Congress of the intent to designate a 
     foreign group as a terrorist organization, the Treasury 
     Secretary will be authorized to order the freezing of such 
     group's American-held financial assets. The designation, when 
     final, would be subject to judicial review, based solely on 
     the administrative record created, including any national 
     security information used to make the designation. The 
     designation would expire after two years, but could be 
     extended for additional two year periods.

       Subtitle B--Prohibitions on Assistance to Terrorist States

       Section 321--Senate recedes to House amendment title XV. 
     This section provides criminal penalties for engaging in 
     financial transactions with terrorist states by United States 
     citizens, nationals, residents, and corporations.
       Section 322--House recedes to Senate section 903. This 
     section, including a perfecting amendment to the Senate 
     provision, instructs the Administrator of the FAA to require 
     identical security measures for foreign flagged carriers 
     serving airports in the United States as are required of U.S. 
     carriers.
       In 1990, after the tragic bombing of Pan Am Flight 103, 
     Congress revamped the aviation security laws. It was the 
     intent of Congress to ensure that all Americans would be 
     guaranteed adequate protection from terrorist attacks on 
     international flights arriving in or departing from the 
     United States, regardless of the nationality of the air 
     carrier providing the service.
       The 1990 law required the FAA to ensure that foreign 
     carriers operated under security programs providing a similar 
     level of safety to that of programs required of U.S. 
     carriers. Unfortunately, since the 1990 enactment, ambiguity 
     has developed over Congressional intent regarding the meaning 
     of the term ``similar''.
       This section is intended to resolve that ambiguity. It is 
     the intent of the managers that the FAA establish a base 
     floor level of necessary security measures for international 
     flights which all foreign and domestic carriers will be 
     required to employ. It is not the intent that any measures 
     currently required of domestic carriers be dispensed with. 
     Nor is it the intent of the managers to in any way restrict 
     the ability of the FAA to impose additional measures on any 
     airline at any time that a particular threat warrants 
     additional measures.
       Additionally, the managers acknowledge that the House 
     Committee on Transportation and Infrastructure and the Senate 
     Committee on Commerce, Science and Transportation have 
     jurisdiction over aviation security issues.
       Section 323--Senate recedes to House amendment section 103. 
     This provision amends section 2339A of title 18, United 
     States Code, (as added by section 120005 of the Violent Crime 
     Control and Law Enforcement Act of 1994 (P.L. 103-322)) by 
     adding sections 956 and 2332b of title 18 to the list of 
     predicate offenses for which an individual can be prosecuted 
     for providing material support. It is important to note that 
     the material support being provided, which triggers this 
     section, need not be to a designated terrorist organization. 
     The support must be given in furtherance of the specifically 
     listed criminal offenses, however.
       This section also deletes subsection (c) of section 2339A 
     of title 18, United States Code. The subsection being 
     repealed provided an unworkable restriction on the 
     investigation of crimes under section 2339A.
       This section also redefines the term ``material support or 
     resources'' to mean ``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.'' ``Medicine'' should be 
     understood to be limited to the medicine itself, and does not 
     include the vast array of medical supplies. ``Religious 
     materials'' should not be read to include anything that could 
     be used to cause physical injury to any person. It is meant 
     to be limited to those religious articles typically used 
     during customary and time-honored rituals or teachings of a 
     particular faith, denomination, or sect.
       Section 324--House recedes to Senate section 201. This 
     section states Congressional findings and urges the President 
     to establish a White House office to coordinate U.S. 
     counterterrorism efforts and to organize an international 
     conference to develop multinational responses to the threat 
     of international terrorism.
       Section 325--House recedes to Senate section 202. This 
     section prohibits U.S. aid to countries that provide aid to 
     terrorist nations, but permits the President to waive the 
     prohibition, after notifying Congress, if he determines that 
     such waiver is in the national interest.
       Section 326--House recedes to Senate section 203. This 
     section prohibits U.S. aid to countries that provide military 
     equipment to terrorist nations. It, too, permits the 
     President to waive the prohibition, after notifying Congress, 
     if he determines that such waiver is in the national 
     interest.
       Section 327--House recedes to Senate section 204. This 
     section requires U.S. opposition to international financial 
     institutions' assistance to countries that support terrorism.
       Section 328--House amendment section 702 recedes to Senate 
     section 205. This section eases restrictions for U.S. 
     antiterrorism assistance to foreign nations.
       Section 329--House recedes to Senate section 208. This 
     section defines, for purposes of this title, ``assistance'' 
     as any grant, concessional sale, guaranty, inter alia, to the 
     government of any foreign country, whether in the form of 
     loan, lease, credit, or debt relief.
       Section 330--House recedes to Senate section 907. This 
     section prohibits the export of defense articles to countries 
     decertified by the President no later than May 15 of the 
     calendar year preceding the fiscal year for which the 
     prohibition applies, that the countries are not cooperating 
     with U.S. antiterrorism efforts; provides a presidential 
     waiver for specific transactions.

      TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

                Subtitle A--Removal of Alien Terrorists

       Section 401--House recedes to Senate section 301, with 
     modifications. This section creates special procedures to 
     ensure that aliens within the United States whom the 
     government believes to be engaging in terrorist activity can 
     be removed from the United States without disclosing national 
     security secrets. The provision establishes a removal court 
     comprised of sitting district court judges appointed by the 
     Chief Justice of the Supreme Court. This court would have the 
     authority to hear deportation cases involving alien 
     terrorists and would ensure, through the use of a limited ex 
     parte procedure, that the United States can expeditiously 
     deport alien terrorists without disclosing national security 
     secrets to the alien or to their criminal partners. The 
     alien's due process rights are protected by requiring that an 
     unclassified summary of the evidence be provided to the 
     alien, sufficient to enable the alien to prepare a defense, 
     and that the judge can only order the deportation based upon 
     the evidence introduced at the hearing, taken as a whole. The 
     removal of alien terrorists from the United States, and the 
     prevention of alien terrorists from entering the U.S. in the 
     first place, present among the most intractable problems of 
     immigration enforcement. The stakes in such cases are 
     compelling: protecting the very lives and safety of U.S. 
     residents, and preserving the national security. Yet, alien 
     terrorists, while deportable under section 241(a)(4)(D) of 
     the INA, are able to exploit many of the substantive and 
     procedural provisions available to all deportable aliens in 
     order to delay their removal from the U.S. In addition, alien 
     terrorists, including representatives and members of 
     terrorist organizations, often are able to enter the U.S. 
     under a legitimate guise, despite the fact that their entry 
     is inimical to the national interests of the U.S. In several 
     noteworthy cases, the Department of Justice has consumed 
     years of time and hundreds of thousands (if not millions) of 
     dollars seeking to secure the removal of such aliens from the 
     U.S.
       Starting in the first Administration of President Reagan, 
     the Department of Justice has sought reform of immigration 
     law and procedures to better enable this country to protect 
     itself against the threat of alien terrorists. The chief 
     target of these reforms are the statutory and administrative 
     protections given to such aliens, many of which are not 
     required by the due process clause of the Fifth or Fourteenth 
     Amendment or any other provision of law, that enable alien 
     terrorists to delay their removal from the U.S.
       The need for special procedures to adjudicate deportation 
     charges against alien terrorists is manifest. Terrorist 
     organizations have developed sophisticated international 
     networks that allow their members great freedom of movement 
     and opportunity to strike, including within the United 
     States. They are attracting a more qualified cadre of 
     adherents with increasing technical skills.

[[Page H3335]]

      Several terrorist groups have established footholds within 
     immigrant communities in the U.S.
       The nature of these groups tend to shield the participants 
     from effective counterterrorism efforts--including the most 
     basic measure of removing them from our soil. The U.S. relies 
     heavily upon close and continued cooperation of friendly 
     nations who provide information on the identity of such 
     terrorists. Such information will only be forthcoming if it 
     sources continue to be protected. Thus, it is essential to 
     the national security of the U.S. that procedures be 
     established to permit the use of classified information in 
     appropriate cases to establish the deportability of an alien 
     terrorist.
       Such procedures also must be crafted to meet constitutional 
     requirements. The government's efforts to safeguard lives and 
     property and to protect the national security may be 
     contested on the grounds that they conflict with the 
     procedural rights of aliens. The interests of the government 
     must therefore be balanced against the legitimate rights of 
     those privileged to be present within the United States.\1\
---------------------------------------------------------------------------
     \1\ Fiallo v. Levi, 406 F. Supp. 162 (S.D.N.Y.), aff'd, 430 
     U.S. 787 (1975); Jean V. Nelson, 472 U.S. 846, aff'g, 727 
     F.2d 957 (11th Cir. 1984); Kleindienst v. Mandel, 408 U.S. 
     753 (1972) (supporting the proposition that alien's presence 
     in U.S. is privilege extended by Congress and not fundamental 
     right.) See also Alvarex v. INS, 539 F. 2d 1220 (9th Cir.), 
     cert. denied, 430 U.S. 918 (1976) (applying rational basis 
     test to equal protection claim for impermissible 
     classification of aliens).
---------------------------------------------------------------------------

  Subtitle B--Exclusion of Members and Representatives of Terrorist -
                             Organizations

       Section 411--House recedes to Senate section 210, with 
     modification. This section permits, as a new basis for alien 
     exclusion, the denial of entry into the United States to any 
     person who is a representative or member of a designated 
     foreign terrorist organization.
       Section 412--House amendment section 632 recedes to Senate 
     section 209 with modifications. This section grants the 
     Secretary of State discretion to waive, in the case of non-
     immigrant visa applications by excludable aliens, the 
     requirement to inform each alien of the denial of the 
     application and the grounds for such denial. This section 
     also provides that no explanation of the denial need be given 
     to aliens excluded on the basis of their terrorist or other 
     criminal activity.
       Section 413--Senate recedes to House amendment section 612. 
     This section amends section 208 to provide that an alien may 
     not be granted asylum if the alien is excludable under the 
     provisions of section 212(a), or deportable under the 
     provisions of section 241(a) relating to alien terrorists.
       Section 414--Senate recedes to House amendment section 623. 
     This section amends section 241 of the INA by adding a new 
     subsection (d). Subsection (d) provides that an alien present 
     in the United States, who has not been admitted after 
     inspection in accordance with section 235 of the INA, is 
     deemed to be seeking entry and admission and shall be subject 
     to examination and exclusion in accordance with Chapter 4 of 
     Title II of the INA. Such an alien must be provided the 
     opportunity to establish that he or she has been lawfully 
     admitted to the U.S. This section by operation of law, 
     returns ``to the border'' any alien who has entered the 
     United States unlawfully, regardless of the duration of his 
     or her presence in the United States.

             Subtitle C--Modifications to Asylum Procedures

       Section 421--Senate recedes to House amendment section 611. 
     This section bars the granting of asylum to an alien 
     excludable as a terrorist unless the Attorney General 
     determines that the individual seeking asylum will not be a 
     danger to the security of the United States.
       Section 422--Senate recedes to House amendment section 621. 
     This section amends section 235(b), regarding the inspection 
     and exclusion of aliens arriving at a port of entry. New 
     section 235(b)(1) provides that if an examining immigration 
     officer determines that an alien is inadmissible under 
     section 212(a)(6)(C) (fraud or misrepresentation) or 
     212(a)(7) (lack of valid documents), the officer may order 
     the alien removed without further hearing or review.
       An alien who states a fear of persecution, or wishes to 
     apply for asylum, will be referred for interview by an asylum 
     officer. If the officer finds that the alien has a credible 
     fear of persecution, the alien shall be detained for further 
     consideration of the application for asylum. If the alien 
     does not meet this standard, and the officer's decision is 
     upheld by a supervisory asylum officer, the alien will be 
     ordered removed. An alien may consult with a person of his or 
     her choosing before the interview, at no expense to the 
     Government and without delaying the interview. A ``credible 
     fear of persecution''means that it is more likely than not 
     that the alien is telling the truth and the alien has a 
     reasonable possibility of establishing eligibility for 
     asylum. The Attorney General is required to write and 
     promulgate regulations for these procedures consistent with 
     the intent of this provision.
       There is no administrative review of a removal order 
     entered into under this paragraph, but an alien claiming 
     under penalty of perjury to be lawfully admitted for 
     permanent residence shall be entitled to administrative 
     review of such an order. An alien ordered removed under this 
     paragraph may not make a collateral attack against the order 
     in a prosecution under section 275(a) (illegal entry) or 276 
     (illegal reentry).
       New section 235(b)(2) provides that an alien who is not 
     clearly and beyond a doubt entitled to enter (other than an 
     alien subject to removal under paragraph (b)(1), or an alien 
     crewman or stowaway) shall be detained for a hearing before a 
     special inquiry officer (immigration judge).
       Section 423--Senate recedes to House amendment section 622. 
     Subsection (a) of this section amends section 106 of the INA 
     to add a new subsection (e). Subsection (e) precludes 
     judicial review, subject to the provisions of paragraph 
     (e)(2), of a decision to exclude an alien from entry under 
     the expedited exclusion provisions of new section 235(b)(1). 
     Paragraph (e)(2) allows for habeas corpus review limited to 
     the issues of whether the petitioner is an alien (provided 
     the alien makes a non-frivolous claim of U.S. nationality), 
     whether the alien was ordered specially excluded pursuant to 
     section 235(b)(1)(A), and whether the petitioner is a lawful 
     permanent resident alien entitled to judicial review 
     according to section 235(b)(1)(e)(i).
       A reviewing court may not order any relief other than to 
     require that the alien receive an exclusion hearing pursuant 
     to section 236, or a determination in accordance with section 
     235(c) (special procedures for aliens excludable on national 
     security grounds) or section 273(d) (procedures for 
     stowaways).
       Subsection (b) of this section amends section 235 of the 
     INA by adding a new subsection (d), which precludes 
     collateral attack in an action for assessment of penalties 
     for improper entry or re-entry under section 275 or 276 of 
     the validity of an order of exclusion, special exclusion, or 
     deportation made under section 235, 236, or 242 of the INA.

           Subtitle D--Criminal Alien Procedural Improvements

       Section 431--Senate recedes to House amendment section 664. 
     This section shortens the period under which a permanent 
     resident alien can be considered excludable under certain 
     circumstances.
       Section 432--House amendment section 631 recedes to Senate 
     section 304. This section permits the Immigration and 
     Naturalization Service to release certain confidential 
     information on individual aliens for law enforcement 
     purposes.-
       Section 433--Senate recedes to House amendment section 666. 
     This section expands and clarifies the purpose of the 
     Criminal Alien Tracking Center established by section 130002 
     of the Violent Crime Control and Law Enforcement Act of 1994 
     (P.L. 103-322).-
       Section 434--Senate recedes to House amendment section 667. 
     This section adds several alien smuggling related crimes to 
     the list of offenses that are RICO predicates.-
       Section 435--Senate recedes to House amendment section 668. 
     This section adds wiretap authority for the investigation of 
     various immigration offenses.-
       Section 436--Senate recedes to House amendment section 669. 
     This section clarifies that for purposes of deportability, 
     crimes of moral turpitude are crimes punishable by 
     imprisonment for a year or more.-
       Section 437--Senate recedes to House amendment section 670. 
     This section permits deportation proceedings to be conducted 
     telephonically.-
       Section 438--Senate recedes to House amendment section 675. 
     This section directs the development of a program to 
     repatriate to the interior of a bordering country any alien 
     who has entered the US illegally 3 or more times.-
       Section 439--Senate recedes to House amendment section 676. 
     This section permits nonviolent alien offenders to be 
     deported prior to the completion of sentences. It does not 
     apply to offenses involving alien smuggling. The section 
     requires the remainder of the sentence to be served if the 
     alien reenters the United States illegally.-
       Section 440--Senate recedes to House amendment section 677. 
     This section allows state and local law enforcement officials 
     to arrest and detain illegal aliens who have previously been 
     deported for criminal behavior until they can be taken into 
     federal custody by the INS.-
       Section 441--House amendment section 601 recedes to Senate 
     section 303(e). This section enhances the ability of the 
     United States to deport criminal aliens.-
       Section 442--Senate recedes to House amendment section 665. 
     This section limits the ability of an deportable alien to 
     collaterally challenge an deportation order in a pending 
     criminal case.-
       Section 443--Senate recedes to House amendment section 663. 
     This section streamlines the procedures for deportation of 
     deportable non-permanent resident aliens.-
       Section 444--House recedes to Senate section 302. This 
     section permits the Attorney General to extradite persons who 
     are not U.S. citizens, nationals, or permanent residents to 
     countries with which the United States does not have an 
     extradition treaty.

    TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

       Subtitle A--Nuclear Materials
       Sections 501-502--House amendment title IV recedes to 
     Senate title VIII. These sections provide federal law 
     enforcement officials the tools necessary to combat the 
     threat of nuclear contamination and proliferation that may 
     result from illegal possession of, and trafficking in, 
     nuclear materials, including nuclear by-products and non-
     weapons-grade materials.
       Section 503--Senate recedes to House amendment section 306 
     with modifications. This section requires the Attorney 
     General,

[[Page H3336]]

     together with the Secretary of Defense, to undertake a study 
     of the number of thefts of firearms, explosives, and other 
     terrorist type materials from military arsenals and report 
     findings to Congress within 6 months from the date of 
     enactment.

              Subtitle B--Biological Weapons Restrictions

       Section 511--Senate recedes to House amendment title XI 
     with modifications. This subtitle addresses the threat of the 
     misuse or diversion to illegal use of potentially deadly 
     human pathogenic substances. It adds attempt, threat, and 
     conspiracy to the prohibition on acquiring, possessing, or 
     using biological weapons, and expands the definition of 
     biological weapons to include certain human pathogens. This 
     section also authorizes the Secretary of Health and Human 
     Services to regulate the transfer of certain biological 
     agents harmful to humans. The managers intend that in 
     promulgating regulations and listing regulated biological 
     agents pursuant to this provision, the Secretary ensures the 
     continued viability of the use of such agents for legitimate 
     purposes.

               Subtitle C--Chemical Weapons Restrictions

       Section 521--House recedes to Senate section 908 with 
     modification. This subtitle criminalizes the use of chemical 
     weapons within the United States, or against Americans 
     outside of the United States. Additionally, this section 
     provides for a study of the need for a training center to 
     enhance law enforcement response capabilities to chemical and 
     biological emergencies. Senate section 908 also provided 
     additional authority for military assistance to law 
     enforcement in chemical and biological emergencies. In light 
     of the enactment of section 378 of the National Defense 
     Authorization Act for Fiscal Year 1996 (P.L. 104-106), the 
     managers have omitted this provision.

       TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

       Sections 601-606--House amendment sections 501-505 recede 
     to Senate sections 701-705 and 707. This title fulfills the 
     obligations of the United States to implement the Convention 
     on the Marking of Plastic Explosives for the Purpose of 
     Detection, entered into at Montreal in 1991 in the wake of 
     the bombing of Pan Am flight 103. This title requires that 
     detectant agents be placed in all plastic explosives 
     manufactured in, imported into, or exported from the United 
     States, and provides criminal penalties for violations.
       TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

                    Subtitle A--Crimes and Penalties

       Section 701--House amendment section 202 recedes to Senate 
     section 101. This section amends the explosives chapter of 
     Title 18 to provide that a conspiracy to commit a crime under 
     that chapter is punishable by the same maximum penalty as 
     that applicable to the substantive offense that formed the 
     object of the conspiracy.
       Section 702--Senate section 102 recedes to House amendment 
     section 104 with modifications. This section creates a new 
     federal criminal prohibition on acts of terrorism 
     transcending national boundaries. It will be a violation of 
     this provision to kill, kidnap, maim, or seriously injure any 
     person in the United States, or to create substantial risk of 
     injury to any person by damaging or destroying property in 
     the United States. Their will be federal jurisdiction over 
     the offense if the offender uses facilities of interstate 
     commerce, the offense interferes with interstate commerce, 
     the victim is the United States or any employee of the United 
     States, or the offense takes place in U.S. territorial 
     jurisdiction, and at least part of the conduct occurred 
     outside of the United States.
       Section 703--House section 104 recedes to Senate section 
     102(f). This section expands the categories of property in 
     federal jurisdiction the destruction or damage of which is 
     criminally punishable by the United States .
       Section 704--Senate section 103 recedes to House section 
     105. This section amends Section 956 of title 18, United 
     States Code, which currently only prohibits conspiracies 
     within the United States to injure property overseas.
       This amendment will criminalize conspiracies to harm people 
     and property outside the United States, so long as at least 
     one was present, and one act in furtherance of the conspiracy 
     occurred, within the jurisdiction of the United States.
       The penalties for offenses under section 956 will range 
     from life imprisonment for conspiracies to murder or kidnap; 
     35 years for conspiracy to maim; and 25 years for conspiring 
     to damage property.
       Section 705--House recedes to Senate section 104. This 
     section increases penalties for a series of federal crimes, 
     including amending the law against maiming and disfiguring to 
     include torture and punishing an attempt to violate this 
     section by up to $10,000 in fines and/or 10 years 
     imprisonment, and adding protection to armed services 
     personnel.
       Section 706--Senate section 105 recedes to House amendment 
     section 205. This section above and creates a criminal 
     prohibition on the transfer of explosive materials, ``knowing 
     or having reasonable cause to believe''they will be used to 
     commit a crime of violence or drug trafficking offense. 
     Crimes committed under this section will be subject to the 
     same penalties as are provided for a first conviction of 
     section 844(h) of title 18, United States Code, which is a 
     mandatory minimum 5 year term of imprisonment.
       Section 707--Senate section 106 recedes to House amendment 
     section 111. This section amends current section 842(h) of 
     title 18, United States Code, to include the possession of 
     and pledging, or acceptance as security for a loan, any 
     stolen explosive materials that have moved in, or constitute 
     any part of interstate or foreign commerce. Currently, the 
     law only prohibits the transport, shipment, concealment, 
     storage, bartering, sale, and disposal of such stolen 
     explosive material.
       Section 708--House amendment section 201 recedes to Senate 
     section 107 with modifications. This section increases 
     penalty for arson or explosives crimes against property, with 
     mandatory minimums for these offenses. This section also 
     extends the statute of limitations for arson offenses from 
     seven to ten years.
       Section 709--Senate section 901 recedes to House amendment 
     section 804. This section requires the Attorney General to 
     undertake a 180 day study of publicly available literature 
     and material instructing how to make bombs, destructive 
     devices, or weapons of mass destruction. The study is to 
     include a review of print, electronic, and film media, in 
     this regard. This provision requires the Attorney General to 
     determine the extent to which the availability of this 
     material has been used in terrorism incidents, and the 
     likelihood of its use for such activity in the future.
       This section also mandates that the Attorney General review 
     existing federal laws having application to this material and 
     the need or utility of any additional statutory coverage. 
     Furthermore, the Attorney General must render a legal 
     analysis of the protection provided this material by the 
     First Amendment.
       The Attorney General is required to submit a report of 
     findings to Congress and make that report available to the 
     public.

                    Subtitle B--Criminal Procedures

       Section 721--Senate section 621 recedes to House amendment 
     section 106. This section clarifies United States 
     jurisdiction for specific terrorism crimes occurring 
     overseas. The Aircraft Piracy statute is amended to provide 
     extraterritorial federal jurisdiction for aircraft piracy if 
     a U.S. national was on the plane; if the perpetrator is a 
     U.S. national; or, if the offender is found in the U.S. after 
     committing the crime. The United States has a legitimate 
     interest in punishing anyone who injures a U.S. national, and 
     also retains an interest in punishing its own citizens for 
     crimes committed against foreign nations, or foreign 
     nationals.
       This section also clarifies U.S. extraterritorial 
     jurisdiction over the offenses of aircraft destruction, 
     murder of, and assaults or threats against of foreign 
     officials or internationally protected persons, biological 
     weapons offenses, and violence at international airports if 
     the offense occurred outside the U.S., so long as the victim 
     is an ``internationally protected person,'' (as defined by 
     Section 1116(b)(4) of title 18); if the victim is a 
     representative, officer, employee, or agent of the United 
     States; if the offender is a U.S. national; or, if the 
     offender is later found in the U.S.
       Section 722--Senate recedes to House amendment section 110. 
     This section provides clarifying language to section 
     2280(b)(1)(A) of title 18, United States Code, which 
     establishes federal jurisdiction over violent activities 
     occurring on the high seas.
       Section 723--Senate section 627 recedes to House amendment 
     section 203. This section will make it a crime to conspire to 
     commit any offense under the specifically listed sections of 
     title 18, United States Code found in this provision. Adding 
     the conspiracy language to these criminal statutes will 
     enable the government to prosecute and punish those offenses 
     appropriately. Without a conspiracy element in the statutory 
     language, the government must rely on title 18, United States 
     Code, section 371, to prosecute conspiracies generally. 
     Section 371 only carries a five year statutory maximum 
     penalty, even if the underlying offense requires a much 
     higher penalty. This section corrects this anomaly. This 
     section provides clarifying language to Section 2280(b)(1)(A) 
     of title 18, United States Code, which establishes federal 
     jurisdiction over violent activities occurring on the high 
     seas.
       Section 724--Senate section 628 recedes to House amendment 
     section 109 with modification. This section amends section 
     844(e) of title 18, United States Code. Currently, Section 
     844(e) prohibits threats of violence against persons or 
     property, whether true or false, if the threat is made 
     through the mail or any other instrument of commerce. This 
     new section replaces ``commerce'' with the words ``interstate 
     or foreign commerce.'' It also expands the statute's reach to 
     any threat that is ``in or affects interstate or foreign 
     commerce.''
       Section 725--Senate section 623 recedes to House amendment 
     section 107 with modifications. This section criminalizes a 
     threat to use a weapon of mass destruction, extends the 
     prohibition to the use of such weapons by U.S. nationals 
     overseas, and clarifies that any chemical weapon is included 
     in the definition of weapon of mass destruction or 
     destructive device.
       Section 726--House amendment section 108 recedes to Senate 
     section 625. This section adds certain terrorism offenses to 
     the money laundering statute.
       Section 727--Senate section 626 recedes to House amendment 
     section 101 with modifications. Subsection (a) of this 
     section amends Section 1114 of title 18, United States Code,

[[Page H3337]]

     to allow federal prosecution for the murder or attempted 
     murder of all officers and employees of the United States 
     government while that person was engaged in or because of 
     that person's official duties. It also covers the murder or 
     attempted murder of any other person assisting the United 
     States officer, or employee, in the performance of his or her 
     duties, or on account of the assistance provided. The 
     penalties for this offense are the same as those provided 
     under sections 1111, 1112, and 1113 of title 18, United 
     States Code.
       Subsection (b) amends section 115(a)(2) of title 18, United 
     States Code, by including within that statute's reach threats 
     ``to assault, kidnap, or murder, any person who formerly 
     served'' as a federal law enforcement officer or agent in 
     retaliation for the exercise of his official duties. The 
     statute currently provides this protection to currently 
     employed federal law enforcement officers, and the family 
     members of former law enforcement personnel. Curiously, 
     former federal law enforcement officers are left out of the 
     statute's coverage. This subsection of the bill corrects that 
     omission.
       This section also clarifies the use of a deadly or 
     dangerous weapon in an assault on a federal employee or 
     officer includes the use of a weapon that fails to cause 
     death or danger due to a defective component.
       Section 728--Senate recedes to House amendment title XIV. 
     This section adds multiple killings or attempted killings to 
     the list of aggravating factors for the imposition of the 
     death penalty in federal criminal cases.
       Section 729--Senate recedes to House amendment section 310. 
     This section clarifies that the time period in which a 
     detention hearing must be held does not include weekends and 
     legal holidays.
       Section 730--Senate recedes to House amendment sections 206 
     and 207. This section gives the U.S. Sentencing Commission 
     amendment authority to expand the scope of its Chapter 3 
     enhancement for ``international terrorism offenses'' under 
     the U.S. Sentencing Guidelines, to apply only to federal 
     crimes of terrorism as defined in section 2332b(g). In 
     amendments to the Sentencing Guidelines that became effective 
     November 1, 1996, a new provision that substantially 
     increases jail time for offenses committed in connection with 
     a crime of international terrorism. This section of the bill 
     will make that new provision applicable only to those 
     specifically listed federal crimes of terrorism, upon 
     conviction of those crimes with the necessary motivational 
     element to be established at the sentencing phase of the 
     prosecution, without having to wait until November 1996 for 
     the change to become law.
       Section 731--Senate recedes to House amendment section 302. 
     Subsection (a)(3) of this section excludes from the 
     definition of ``electronic communication'' under the wiretap 
     statute ``information stored in a communications system used 
     for the electronic storage and transfer of funds.'' This will 
     allow law enforcement to obtain such bank records through the 
     usual grand jury subpoena, or other court order procedure, 
     without requiring a wiretap order for these purposes.
       Subsection (b) eliminates ``electronic communication'' from 
     the definition of ``radio communications that are readily 
     accessible to the general public.'' This inclusion of 
     ``electronic communication'' negated the need to exempt from 
     the wiretap coverage radio transmissions, i.e., scanners, 
     CBs, and Ham radio signals. It is not intended to preclude 
     the need for a title III wiretap order for telephone 
     conversations occurring over cordless telephones, which 
     operate through radio signals not readily available to the 
     general public. ``Electronic communications'' are already 
     specifically and separately covered by the wiretap statutes.
       Section 732--House amendment sections 301 and 801 recede to 
     Senate sections 708 and 905, with modifications. This section 
     directs the Treasury Secretary to provide to the Congress a 
     study of the feasibility of tagging explosives and precursor 
     chemicals, for the purpose of tracing the explosives back to 
     the manufacturer after an explosion. The study would also 
     evaluate the feasibility of imposing controls on the sale and 
     distribution of certain of those chemicals. Black or 
     smokeless powder is excluded from the study. The section 
     requires input from non-profit fertilizer research centers in 
     the Treasury Secretary's conduct of the study. The section 
     also requires the Treasury Secretary to conduct a study of 
     the licensing requirements applicable in the various states 
     for the purchase and use of commercial high explosives. The 
     phrase ``commercial high explosives'' is defined, by way of 
     illustration, to include ``detonators, detonating cards, 
     dynamite, water gel, emulsion, blasting agents, and 
     boosters.'' This section also requires the Treasury Secretary 
     to report the results of the study to Congress, together, if 
     deemed necessary, with recommendations for regulation. The 
     Secretary is authorized to promulgate regulations requiring 
     the inclusion of tracing taggants in explosive materials if 
     the taggants will not endanger human life or safety, will 
     substantially assist law enforcement, and are cost-effective. 
     The regulations promulgated pursuant to this authority shall 
     go into effect if Congress does not act within 270 days of 
     the publication of the regulations in the Federal Register.

               TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT

                   Subtitle A--Resources and Security

       Section 801--Senate recedes to House amendment section 807, 
     with modification. This provision provides clear statutory 
     authority for the Departments of Justice and Treasury, in 
     consultation with the Department of State, to use 
     appropriated funds for the purposes of law enforcement 
     training activities overseas.
       Section 802--Senate recedes to House amendment section 704. 
     This section expresses the sense of the Congress that any 
     purchases made with funds authorized under this Act should be 
     American-made.
       Section 803--Senate section 513 recedes to House amendment 
     section 303, with modification. This section authorizes the 
     Attorney General and the Treasury Secretary to ban parking or 
     vending adjacent to any building in the District of Columbia 
     used by law enforcement authorities subject to their 
     jurisdiction. The managers intend and expect that in carrying 
     out this section, the Attorney General and the Secretary will 
     consult and coordinate with the Government of the District of 
     Columbia.
       Section 804--House amendment section 303 recedes to Senate 
     section 513. This section requires the providers of wire or 
     electronic communications services to take necessary steps to 
     preserve evidence relevant in certain investigations.
       Section 805--House recedes to Senate section 528. This 
     section requires the United States Sentencing Commission to 
     report on the deterrent effect of current penalties for 
     violations of laws prohibiting unauthorized access to, or 
     damage to, a federal interest computer. Also requires the 
     Commission to ensure that persons sentenced under these laws 
     are incarcerated for at least six months.
       Section 806--Senate recedes to House amendment title XII, 
     with modification. This section establishes a commission, 
     appointed jointly by the leadership of the Congress and the 
     Chief Justice of the United States Supreme Court, to evaluate 
     the coordination, effectiveness, and oversight of federal law 
     enforcement. The Commission is required to report to 
     Congress.
       Section 807--Senate recedes to House amendment title X. 
     This section requires an audit of counterfeit U.S. currency 
     in international markets, and provides for consideration by 
     the Secretary of State of requests by the Department of the 
     Treasury for the posting of agents of the United States 
     Secret Service at U.S. embassies.
       Section 808--Senate recedes to House amendment section 805. 
     This section establishes findings by Congress that acts of 
     violence against all levels of government employees are on 
     the increase, that such acts create a danger to our 
     constitutional form of government, and that additional 
     information is needed to fully understand the true nature and 
     source of the dangers faced by public servants.
       This section then directs the Attorney General to acquire 
     and compile data for each calendar year, beginning in 1990, 
     reflecting crimes and incidents of threats of violence 
     against federal, state, and local government employees on 
     account of the performance of their public duties. The 
     Attorney General is required to publish an annual summary of 
     the collected data.
       Section 809--Senate recedes to House amendment section 112. 
     This section requires the National Institute of Justice 
     (``NIJ'') to conduct a study that may result in a standard 
     protocol for identifying handgun bullets that are capable of 
     penetrating body armor commonly worn by police when shot from 
     a handgun. The NIJ must establish standard criteria for the 
     type of body armor against which the bullets were tested. The 
     NIJ must report its findings to Congress with recommendations 
     regarding its findings.
       The current practice is to outlaw bullets by brand-name 
     without regard to their specific component qualities. To 
     continue this practice could result in hunting-type bullets 
     being outlawed indiscriminately, without regard to the nature 
     and purpose of the ammunition, and without regard to the 
     proximity of the target, or the type of weapon used to shoot 
     the bullet.
       It is important to establish standard criteria for 
     determining which bullets, when shot from a handgun, have the 
     ability to penetrate body armor.
       Section 810--House recedes to Senate section 511, with 
     modifications. This section requires a study of current laws 
     and guidelines governing the use of electronic surveillance 
     devices and PEN registers, and the effect of evolving 
     technology on criminal activity.

         Subtitle B--Funding Authorizations for Law Enforcement

       This subtitle provides $1.0 billion in authorization for 
     appropriations to enhance law enforcement ability to deter, 
     investigate, and prosecute terrorism.
       Of this $1.0 billion authorization, $468 million is 
     authorized for the Federal Bureau of Investigation, $172 
     million is authorized for the Drug Enforcement 
     Administration, and $100 million is authorized for State and 
     Local law enforcement. The remaining $260 million is divided 
     among other enforcement and emergency response organizations.
       The conference report authorization levels represent a $940 
     million increase from the House amendment's authorization. 
     This increases authorized appropriations for Federal law 
     enforcement, the Federal Judiciary and State and local law 
     enforcement.
       However, the conference authorization levels also represent 
     a $1.116 billion decrease from the Senate bill 
     authorizations. The reductions come from removing Fiscal Year

[[Page H3338]]

     1996 authorizations and reducing the remaining authorizations 
     by half. These reductions were applied equally among all 
     affected Senate authorizations, with minor exceptions.
       The managers are committed to achieving a balanced budget, 
     and intend that all authorizations be considered as part of 
     the levels within the Balanced Budget Act of 1995, if 
     enacted, or any subsequent balanced budget act.
       Section 811--House recedes to Senate section 521 with 
     modifications. Total authorization is $468 million. Funds may 
     be used for, among other purposes, to create a Federal Bureau 
     of Investigation counterterrorism and counterintelligence 
     fund; expand and improve the instructional, operational 
     support, and construction of the Federal Bureau of 
     Investigation academy; and construct an FBI laboratory, 
     provide laboratory examination support.
       Section 812--House recedes to Senate sections 522 and 
     section 912 with modifications. Total authorization is $31 
     million. Funds may be used to help the Customs Service meet 
     the increased demands occasioned by the enactment of this 
     Act.
       Section 813--Senate recedes to House Section 601 with 
     modifications. Total authorization is $20 million. Funds may 
     be used to help Immigration and Naturalization Service meet 
     the increased demands occasioned by the enactment of this 
     Act, including the purpose of detaining and removing alien 
     terrorists.
       Section 814--House recedes to Senate section 524 with 
     modifications. Total authorization is $172 million. Funds may 
     be used by the Drug Enforcement Administration to fund 
     antiviolence crime initiatives; fund major violators of 
     Federal antidrug statute initiatives; and enhance or replace 
     the infrastructure of the Drug Enforcement Administration.
       Section 815--House recedes to Senate sections 503 and 525, 
     with modifications. Total authorization is $41 million. Funds 
     may be used by the Department of Justice to hire additional 
     Assistant United States Attorneys, and provide for increased 
     security at facilities housing Federal workers.
       This section also increases the maximum reward authority 
     available to the Attorney General for information relating to 
     international terrorists.
       Section 816--House recedes to Senate section 526 with 
     modifications. Total authorization is $90 million. Funds may 
     be used by the Department of the Treasury to augment 
     counterterrorism efforts, augment White House security, and 
     expand Presidential protection activities.
       Section 817--House recedes to Senate section 910 with 
     modifications. Total authorization is $2 million. Funds may 
     be used to help the U.S. Park Police meet the increased 
     demands occasioned by the enactment of this Act.
       Section 818--House recedes to Senate Section 911 with 
     modifications. Total authorization is $41 million. Funds to 
     be used for the activities of the Federal Judiciary, 
     including increased workload of the Federal courts occasioned 
     by the enactment of this Act.
       Section 819--Senate recedes to House Section 701 with 
     modifications. Total authorization is $5 million. Funds to be 
     used to provide grants for specialized training or equipment 
     to enhance the capability of local fire and emergency service 
     departments to respond to terrorist attacks and acts of mass 
     violence.
       Section 820--Senate recedes to House Section 702 with 
     modifications. Total authorization is $20 million. Funds may 
     be used 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.
       Section 821--Senate recedes to House Section 703 with 
     modifications. Total authorization is $10 million. Funds may 
     be used to develop technologies to combat terrorism.
       Section 822--Byrne grant program is modified include a 
     program to develop and implement antiterrorism training 
     programs and to procure equipment for use by local law 
     enforcement authorities. Total authorization is $100 million.
       Section 823--House recedes to Senate Section 527 with 
     modification. This section provides that funding for this 
     subtitle is authorized to be made from the Violent Crime 
     Reduction Trust Fund, established by Title XXXI of the 
     Violent Crime Control and Law Enforcement Act of 1994 (P.L. 
     103-322).

                        TITLE IX--MISCELLANEOUS

       Section 901--House recedes to Senate Section 622. This 
     section codifies the extension of United States territorial 
     sea, as defined by a 1988 Presidential Proclamation. This 
     area would then be included within the special maritime and 
     territorial jurisdiction of the U.S. for purposes of the 
     criminal law. This section also adopts non-conflicting state 
     law in the territorial sea.
       Section 902--House recedes to Senate section 904. This 
     section provides that voter registration cards (or similar 
     documents) will not qualify as proof of U.S. citizenship.
       Section 903--Senate recedes to House amendment title XIII. 
     This section provides limitations on fees for representation 
     of defendants in criminal cases.
       Section 904--House recedes to Senate section 913. This 
     section provides severability for the provisions of the Act.

     Henry Hyde,
     Bill McCollum,
     Steven Schiff,
     Steve Buyer,
     Bob Barr,
     Charles Schumer,
                                Managers on the Part of the House.

     Orrin G. Hatch,
     Strom Thurmond,
     Alan K. Simpson,
     Managers on the Part of the Senate.

                          ____________________