[House Report 104-518]
[From the U.S. Government Publishing Office]



104th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES

 2d Session                                                     104-518
_______________________________________________________________________


 
                        TERRORISM PREVENTION ACT

                                _______


                 April 15, 1996.--Ordered to be printed

_______________________________________________________________________


  Mr. Hyde, from the committee of conference, submitted the following
                           CONFERENCE REPORT

                          [To accompany S.735]

    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.
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 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.''.

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.
            ``(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 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'';
            (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 bemaintained 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.
    ``(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 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 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.--
            ``(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 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
            (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--
                    ``(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);
            ``(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 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 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 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 
                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;
            (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 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+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:
    ``(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
                            ``(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 institutednot 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--
            (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 prescribedin 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 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, 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 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--
                    (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.

                        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 
therefor 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, 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. 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 its 
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 Alvarez 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, 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. There 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, 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 become effective November 1, 1996, a 
new provision 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 
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.