FILE s735.enr
          --S.735--
              S.735
          One Hundred Fourth Congress
          of the
          United States of America
          AT THE SECOND SESSION
          Begun and held at the City of Washington on Wednesday,
          the third day of January, one thousand nine hundred and ninety-six
          An Act
          To deter terrorism, provide justice for victims, provide for an
          effective death penalty, and for other purposes.
           [Italic->]   Be it enacted by the Senate and House of
          Representatives of the United States of America in Congress
          assembled, [<-Italic]
          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. Access to certain confidential immigration and
              naturalization files through court order.
          Sec. 432. Criminal alien identification system.
          Sec. 433. Establishing certain alien smuggling-related crimes as
              RICO-predicate offenses.
          Sec. 434. Authority for alien smuggling investigations.
          Sec. 435. Expansion of criteria for deportation for crimes of moral
              turpitude.
          Sec. 436. Miscellaneous provisions.
          Sec. 437. Interior repatriation program.
          Sec. 438. Deportation of nonviolent offenders prior to completion 
              of sentence of imprisonment.
          Sec. 439. Authorizing State and local law enforcement officials to
              arrest and detain certain illegal aliens.
          Sec. 440. Criminal alien removal.
          Sec. 441. Limitation on collateral attacks on underlying 
              deportation order.
          Sec. 442. Deportation procedures for certain criminal aliens who 
              are not permanent residents.
          Sec. 443. Extradition of aliens.
             TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
                              SUBTITLE A--NUCLEAR MATERIALS
          Sec. 501. Findings and purpose.
          Sec. 502. Expansion of scope and jurisdictional bases of nuclear
              materials prohibitions.
          Sec. 503. Report to Congress on thefts of explosive materials from
              armories.
                       SUBTITLE B--BIOLOGICAL WEAPONS RESTRICTIONS
          Sec. 511. Enhanced penalties and control of biological agents.
                        SUBTITLE C--CHEMICAL WEAPONS RESTRICTIONS
          Sec. 521. Chemical weapons of mass destruction; study of facility
              for training and evaluation of personnel who respond to use of
              chemical or biological weapons in urban and suburban areas.
                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:
            [BOLD->] `CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL
                                     CASES [<-BOLD]
          `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 the United States Courts
          shall submit to Congress an annual report on the compliance by the
          district courts with the time limitations under this section.
            `(B) The report described in subparagraph (A) shall include 
          copies of the orders submitted by the district courts under
          paragraph (1)(B)(iv).
            `(c)(1)(A) A court of appeals shall hear and render a final
          determination of any appeal of an order granting or denying, in
          whole or in part, an application brought under this chapter in a
          capital case not later than 120 days after the date on which the
          reply brief is filed, or if no reply brief is filed, not later than
          120 days after the date on which the answering brief is filed.
            `(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 the United States Courts shall
          submit to Congress an annual report on the compliance by the courts
          of appeals with the time limitations under this section.'.
            (b) TECHNICAL AMENDMENT- The part analysis for part IV of title
          28, United States Code, is amended by adding after the item 
          relating to chapter 153 the following new item:
           [Bold->] 2261.'. [<-Bold] 
            (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 (c).
            (d) DOMESTIC VIOLENCE- Section 2264 of title 18, United States
          Code, is amended--
                (1) in subsection (a), by inserting `or 3663A' after `3663';
                (2) in subsection (b)--
                    (A) by amending paragraph (1) to read as follows:
                `(1) DIRECTIONS- The order of restitution under this section
              shall direct the defendant to pay the victim (through the
              appropriate court mechanism) the full amount of the victim's
              losses as determined by the court pursuant to paragraph (2).';
                    (B) by amending paragraph (2) to read as follows:
                `(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 be
          maintained to the greatest extent possible, and such records may be
          filed or testimony heard in camera.
            `(5) If the victim's losses are not ascertainable by the date 
          that is 10 days prior to sentencing, the attorney for the 
          Government or the probation officer shall so inform the court, and
          the court shall set a date for the final determination of the
          victim's losses, not to exceed 90 days after sentencing. If the
          victim subsequently discovers further losses, the victim shall have
          60 days after discovery of those losses in which to petition the
          court for an amended restitution order. Such order may be granted
          only upon a showing of good cause for the failure to include such
          losses in the initial claim for restitutionary relief.
            `(6) The court may refer any issue arising in connection with a
          proposed order of restitution to a magistrate judge or special
          master for proposed findings of fact and recommendations as to
          disposition, subject to a de novo determination of the issue by the
          court.
            `(e) Any dispute as to the proper amount or type of restitution
          shall be resolved by the court by the preponderance of the 
          evidence. The burden of demonstrating the amount of the loss
          sustained by a victim as a result of the offense shall be on the
          attorney for the Government. The burden of demonstrating the
          financial resources of the defendant and the financial needs of the
          defendant's dependents, shall be on the defendant. The burden of
          demonstrating such other matters as the court deems appropriate
          shall be upon the party designated by the court as justice requires.
            `(f)(1)(A) In each order of restitution, the court shall order
          restitution to each victim in the full amount of each victim's
          losses as determined by the court and without consideration of the
          economic circumstances of the defendant.
            `(B) In no case shall the fact that a victim has received or is
          entitled to receive compensation with respect to a loss from
          insurance or any other source be considered in determining the
          amount of restitution.
            `(2) Upon determination of the amount of restitution owed to each
          victim, the court shall, pursuant to section 3572, specify in the
          restitution order the manner in which, and the schedule according 
          to which, the restitution is to be paid, in consideration of--
                `(A) the financial resources and other assets of the
              defendant, including whether any of these assets are jointly
              controlled;
                `(B) projected earnings and other income of the defendant; and
                `(C) any financial obligations of the defendant; including
              obligations to dependents.
            `(3)(A) A restitution order may direct the defendant to make a
          single, lump-sum payment, partial payments at specified intervals,
          in-kind payments, or a combination of payments at specified
          intervals and in-kind payments.
            `(B) A restitution order may direct the defendant to make nominal
          periodic payments if  the court finds from facts on the record that
          the economic circumstances of the defendant do not allow the 
          payment of any amount of a restitution order, and do not allow for
          the payment of the full amount of a restitution order in the
          foreseeable future under any reasonable schedule of payments.
            `(4) An in-kind payment described in paragraph (3) may be in the
          form of--
                `(A) return of property;
                `(B) replacement of property; or
                `(C) if the victim agrees, services rendered to the victim or
              a person or organization other than the victim.
            `(g)(1) No victim shall be required to participate in any phase 
          of a restitution order.
            `(2) A victim may at any time assign the victim's interest in
          restitution payments to the Crime Victims Fund in the Treasury
          without in any way impairing the obligation of the defendant to 
          make such payments.
            `(h) If the court finds that more than 1 defendant has 
          contributed to the loss of a victim, the court may make each
          defendant liable for payment of the full amount of restitution or
          may apportion liability among the defendants to reflect the level 
          of contribution to the victim's loss and economic circumstances of
          each defendant.
            `(i) If the court finds that more than 1 victim has sustained a
          loss requiring restitution by a defendant, the court may provide 
          for a different payment schedule for each victim based on the type
          and amount of each victim's loss and accounting for the economic
          circumstances of each victim. In any case in which the United 
          States is a victim, the court shall ensure that all other victims
          receive full restitution before the United States receives any
          restitution.
            `(j)(1) If a victim has received compensation  from insurance or
          any other source with respect to a loss, the court shall order that
          restitution be paid to the person who provided or is obligated to
          provide the compensation, but the restitution order shall provide
          that all restitution of victims required by the order be paid to 
          the victims before any restitution is paid to such a provider of
          compensation.
            `(2) Any amount paid to a victim under an order of restitution
          shall be reduced by any amount later recovered as compensatory
          damages for the same loss by the victim in--
                `(A) any Federal civil proceeding; and
                `(B) any State civil proceeding, to the extent provided by 
              the law of the State.
            `(k) A restitution order shall provide that the defendant shall
          notify the court and the Attorney General of any material change in
          the defendant's economic circumstances that might affect the
          defendant's ability to pay restitution. The court may also accept
          notification of a material change in the defendant's economic
          circumstances from the United States  or from the victim. The
          Attorney General shall certify to the court that the victim or
          victims owed restitution by the defendant have been notified of the
          change in circumstances. Upon receipt of the notification, the 
          court may, on its own motion, or the motion of any party, including
          the victim, adjust the payment schedule, or require immediate
          payment in full, as the interests of justice require.
            `(l) A conviction of a defendant for an offense involving the act
          giving rise to an order of restitution shall estop the defendant
          from denying the essential allegations of that offense in any
          subsequent Federal civil proceeding or State civil proceeding, to
          the extent consistent with State law, brought by the victim.
            `(m)(1)(A)(i) An order of restitution may  be enforced by the
          United States in the manner provided for in subchapter C of chapter
          227 and subchapter B of chapter 229 of this title; or
            `(ii) by all other available and reasonable means.
            `(B) At the request of a victim named in a restitution order, the
          clerk of the court shall issue an abstract of judgment certifying
          that a judgment has been entered in favor of such victim in the
          amount specified in the restitution order. Upon registering,
          recording, docketing, or indexing such abstract in accordance with
          the rules and requirements relating to judgments of the court of 
          the State where the district court is located, the abstract of
          judgment shall be a lien on the property of the defendant located 
          in such State in the same manner and to the same extent and under
          the same conditions as a judgment of a court of general 
          jurisdiction in that State.
            `(2) An order of in-kind restitution in the form of services 
          shall be enforced by the probation officer.
            `(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.C. App. 2405(j)) or
                  section 620A of the Foreign Assistance Act of 1961 (22
                  U.S.C. 2371) at the time the act occurred, unless later so
                  designated as a result of such act; and
                    `(B) even if the foreign state is or was so designated,
                  if--
                        `(i) the act occurred in the foreign state against
                      which the claim has been brought and the claimant has
                      not afforded the foreign state a reasonable opportunity
                      to arbitrate the claim in accordance with accepted
                      international rules of arbitration; or
                        `(ii) the claimant or victim was not a national of 
                      the United States (as that term is defined in section
                      101(a)(22) of the Immigration and Nationality Act) when
                      the act upon which the claim is based occurred.'; and
                (2) by adding at the end the following:
            `(e) For purposes of paragraph (7) of subsection (a)--
                `(1) the terms `torture' and `extrajudicial killing' have the
              meaning given those terms in section 3 of the Torture Victim
              Protection Act of 1991;
                `(2) the term `hostage taking' has the meaning given that 
              term in Article 1 of the International Convention Against the
              Taking of Hostages; and
                `(3) the term `aircraft sabotage' has the meaning given that
              term in Article 1 of the Convention for the Suppression of
              Unlawful Acts Against the Safety of Civil Aviation.
            `(f) No action shall be maintained under subsection (a)(7) unless
          the action is commenced not later than 10 years after the date on
          which the cause of action arose. All principles of equitable
          tolling, including the period during which the foreign state was
          immune from suit, shall apply in calculating this limitation period.
            `(g) LIMITATION ON DISCOVERY- 
                `(1) IN GENERAL- (A) Subject to paragraph (2), if an action 
              is filed that would otherwise be barred by section 1604, but 
              for subsection (a)(7), the court, upon request of the Attorney
              General, shall stay any request, demand, or order for discovery
              on the United States that the Attorney General certifies would
              significantly interfere with a criminal investigation or
              prosecution, or a national security operation, related to the
              incident that gave rise to the cause of action, until such time
              as the Attorney General advises the court that such request,
              demand, or order will no longer so interfere.
                `(B) A stay under this paragraph shall be in effect during 
              the 12-month period beginning on the date on which the court
              issues the order to stay discovery. The court shall renew the
              order to stay discovery for additional 12-month periods upon
              motion by the United States if the Attorney General certifies
              that discovery would significantly interfere with a criminal
              investigation or prosecution, or a national security operation,
              related to the incident that gave rise to the cause of action.
                `(2) SUNSET- (A) Subject to subparagraph (B), no stay shall 
              be granted or continued in effect under paragraph (1) after the
              date that is 10 years after the date on which the incident that
              gave rise to the cause of action occurred.
                `(B) After the period referred to in subparagraph (A), the
              court, upon request of the Attorney General, may stay any
              request, demand, or order for discovery on the United States
              that the court finds a substantial likelihood would--
                    `(i) create a serious threat of death or serious bodily
                  injury to any person;
                    `(ii) adversely affect the ability of the United States 
                  to work in cooperation with foreign and international law
                  enforcement agencies in investigating violations of United
                  States law; or
                    `(iii) obstruct the criminal case related to the incident
                  that gave rise to the cause of action or undermine the
                  potential for a conviction in such case.
                `(3) EVALUATION OF EVIDENCE- The court's evaluation of any
              request for a stay under this subsection filed by the Attorney
              General shall be conducted ex parte and in camera.
                `(4) BAR ON MOTIONS TO DISMISS- A stay of discovery under 
              this subsection shall constitute a bar to the granting of a
              motion to dismiss under rules 12(b)(6) and 56 of the Federal
              Rules of Civil Procedure.
                `(5) CONSTRUCTION- Nothing in this subsection shall prevent
              the United States from seeking protective orders or asserting
              privileges ordinarily available to the United States.'.
            (b) EXCEPTION TO IMMUNITY FROM ATTACHMENT- 
                (1) FOREIGN STATE- Section 1610(a) of title 28, United States
              Code, is amended--
                    (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 foreign terrorist organization in accordance
              with this subsection if the Secretary finds that--
                    `(A) the organization is a foreign organization;
                    `(B) the organization engages in terrorist activity (as
                  defined in section 212(a)(3)(B)); and
                    `(C) the terrorist activity of the organization threatens
                  the security of United States nationals or the national
                  security of the United States.
                `(2) PROCEDURE- 
                    `(A) NOTICE- Seven days before making a designation under
                  this subsection, the Secretary shall, by classified
                  communication--
                        `(i) notify the Speaker and Minority Leader of the
                      House of Representatives, the President pro tempore,
                      Majority Leader, and Minority Leader of the Senate, and
                      the members of the relevant committees, in writing, of
                      the intent to designate a foreign organization under
                      this subsection, together with the findings made under
                      paragraph (1) with respect to that organization, and 
                      the factual basis therefor; and
                        `(ii) 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 foreign organization included
                  in the notification to block all financial transactions
                  involving those assets until further directive from either
                  the Secretary of the Treasury, Act of Congress, or order of
                  court.
                `(3) RECORD- 
                    `(A) IN GENERAL- In making a designation under this
                  subsection, the Secretary shall create an administrative
                  record.
                    `(B) CLASSIFIED INFORMATION- The Secretary may consider
                  classified information in making a designation under this
                  subsection. Classified information shall not be subject to
                  disclosure for such time as it remains classified, except
                  that such information may be disclosed to a court ex parte
                  and in camera for purposes of judicial review under
                  subsection (c).
                `(4) PERIOD OF DESIGNATION- 
                    `(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 foreign terrorist organization 
                  for an additional 2-year period at the end of the 2-year
                  period referred to in subparagraph (A) (but not sooner than
                  60 days prior to the termination of such period) upon a
                  finding that the relevant circumstances described in
                  paragraph (1) still exist. The procedural requirements of
                  paragraphs (2) and (3) shall apply to a redesignation under
                  this subparagraph.
                `(5) REVOCATION BY ACT OF CONGRESS- The Congress, by an Act 
              of Congress, may block or revoke a designation made under
              paragraph (1).
                `(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES- 
                    `(A) IN GENERAL- The Secretary may revoke a designation
                  made under paragraph (1) if the Secretary finds that--
                        `(i) the circumstances that were the basis for the
                      designation have changed in such a manner as to warrant
                      revocation of the designation; or
                        `(ii) the national security of the United States
                      warrants a revocation of the designation.
                    `(B) PROCEDURE- The procedural requirements of paragraphs
                  (2) through (4) shall apply to a revocation under this
                  paragraph.
                `(7) EFFECT OF REVOCATION- The revocation of a designation
              under paragraph (5) or (6) shall not affect any action or
              proceeding based on conduct committed prior to the effective
              date of such revocation.
                `(8) USE OF DESIGNATION IN TRIAL OR HEARING- If a designation
              under this subsection has become effective under paragraph
              (1)(B), a defendant in a criminal action shall not be permitted
              to raise any question concerning the validity of the issuance 
              of such designation as a defense or an objection at any trial 
              or hearing.
            `(b) JUDICIAL REVIEW OF DESIGNATION- 
                `(1) IN GENERAL- Not later than 30 days after publication of
              the designation in the Federal Register, an organization
              designated as a foreign terrorist organization may seek 
              judicial review of the designation in the United States Court 
              of Appeals for the District of Columbia Circuit.
                `(2) BASIS OF REVIEW- Review under this subsection shall be
              based solely upon the administrative record, except that the
              Government may submit, for ex parte and in camera review,
              classified information used in making the designation.
                `(3) SCOPE OF REVIEW- The Court shall hold unlawful and set
              aside a designation the court finds to be--
                    `(A) arbitrary, capricious, an abuse of discretion, or
                  otherwise not in accordance with law;
                    `(B) contrary to constitutional right, power, privilege,
                  or immunity; or
                    `(C) in excess of statutory jurisdiction, authority, or
                  limitation, or short of statutory right.
                `(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";.class" tppabs="http://usinfo.state.gov/usa/infousa/laws/majorlaw/;.class"
                `(3) the term `funds' includes coin or currency of the United
              States or any other country, traveler's checks, personal 
              checks, bank checks, money orders, stocks, bonds, debentures,
              drafts, letters of credit, any other negotiable instrument, and
              any electronic representation of any of the foregoing;
                `(4) the term `material support or resources' has the same
              meaning as in section 2339A;
                `(5) the term `Secretary' means the Secretary of the 
              Treasury; and
                `(6) the term `terrorist organization' means an organization
              designated as a terrorist organization under section 219 of the
              Immigration and Nationality Act.'.
            (b) CLERICAL AMENDMENT TO TABLE OF SECTIONS- The table of 
          sections at the beginning of chapter 113B of title 18, United 
          States Code, is amended by adding at the end the following new item:
          `2339B. Providing material support or resources to designated
              foreign terrorist organizations.'.
            (c) TECHNICAL AMENDMENT- 
                (1) NEW ITEM- Chapter 113B of title 18, United States Code,
              relating to torture, is redesignated as chapter 113C.
                (2) TABLE OF CHAPTERS- The table of chapters for part I of
              title 18, United States Code, is amended by striking `113B.
              Torture' and inserting `113C. Torture'.
                SUBTITLE B--PROHIBITION ON ASSISTANCE TO TERRORIST STATES
          SEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS.
            (a) IN GENERAL- Chapter 113B of title 18, United States Code,
          relating to terrorism, is amended by inserting after the section
          2332c added by section 521 of this Act the following new section:
          `Sec. 2332d. Financial transactions
            `(a) OFFENSE- Except as provided in regulations issued by the
          Secretary of the Treasury, in consultation with the Secretary of
          State, whoever, being a United States person, knowing or having
          reasonable cause to know that a country is designated under section
          6(j) of the Export Administration Act (50 U.S.C. App. 2405) as a
          country supporting international terrorism, engages in a financial
          transaction with the government of that country, shall be fined
          under this title, imprisoned for not more than 10 years, or both.
            `(b) DEFINITIONS- As used in this section--
                `(1) the term `financial transaction' has the same meaning as
              in section 1956(c)(4); and
                `(2) the term `United States person' means any--
                    `(A) United States citizen or national;
                    `(B) permanent resident alien;
                    `(C) juridical person organized under the laws of the
                  United States; or
                    `(D) any person in the United States.'.
            (b) CLERICAL AMENDMENT- The table of sections at the beginning of
          chapter 113B of title 18, United States Code, relating to 
          terrorism, is amended by inserting after the item added by section
          521 of this Act the following new item:
          `2332d. Financial transactions.'.
            (c) EFFECTIVE DATE- The amendments made by this section shall
          become effective 120 days after the date of enactment of this Act.
          SEC. 322. FOREIGN AIR TRAVEL SAFETY.
            Section 44906 of title 49, United States Code, is amended to read
          as follows:
          `Sec. 44906. Foreign air carrier security programs
            `The Administrator of the Federal Aviation Administration shall
          continue in effect the requirement of section 129.25 of title 14,
          Code of Federal Regulations, that a foreign air carrier must adopt
          and use a security program approved by the Administrator. The
          Administrator shall not approve a security program of a foreign air
          carrier under section 129.25, or any successor regulation, unless
          the security program requires the foreign air carrier in its
          operations to and from airports in the United States to adhere to
          the identical security measures that the Administrator requires air
          carriers serving the same airports to adhere to. The foregoing
          requirement shall not be interpreted to limit the ability of the
          Administrator to impose additional security measures on a foreign
          air carrier or an air carrier when the Administrator determines 
          that a specific threat warrants such additional measures. 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 shall withhold
          assistance under this Act to the government of any country that
          provides assistance to the government of any other country for 
          which the Secretary of State has made a determination under section
          620A.
            `(b) WAIVER- Assistance prohibited by this section may be
          furnished to a foreign government described in subsection (a) if 
          the President determines that furnishing such assistance is
          important to the national interests of the United States and, not
          later than 15 days before obligating such assistance, furnishes a
          report to the appropriate committees of Congress including--
                `(1) a statement of the determination;
                `(2) a detailed explanation of the assistance to be provided;
                `(3) the estimated dollar amount of the assistance; and
                `(4) an explanation of how the assistance furthers United
              States national interests.'.
          SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
                            MILITARY EQUIPMENT TO TERRORIST STATES.
            The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
          amended by adding immediately after section 620G the following new
          section:
          `SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
                            MILITARY EQUIPMENT TO TERRORIST STATES.
            `(a) PROHIBITION- 
                `(1) IN GENERAL- The President shall withhold assistance 
              under this Act to the government of any country that provides
              lethal military equipment to a country the government of which
              the Secretary of State has determined is a terrorist government
              for the purposes of section 6(j) of the Export Administration
              Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign
              Assistance Act of 1961 (22 U.S.C. 2371).
                `(2) APPLICABILITY- The prohibition under this section with
              respect to a foreign government shall terminate 1 year after
              that government ceases to provide lethal military equipment.
              This section applies with respect to lethal military equipment
              provided under a contract entered into after the date of
              enactment of this Act.
            `(b) WAIVER- Notwithstanding any other provision of law,
          assistance may be furnished to a foreign government described in
          subsection (a) if the President determines that furnishing such
          assistance is important to the national interests of the United
          States and, not later than 15 days before obligating such
          assistance, furnishes a report to the appropriate committees of
          Congress including--
                `(1) a statement of the determination;
                `(2) a detailed explanation of the assistance to be provided;
                `(3) the estimated dollar amount of the assistance; and
                `(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 important to the
          national interests of the United States.'.
              TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
                         SUBTITLE A--REMOVAL OF ALIEN TERRORISTS
          SEC. 401. ALIEN TERRORIST REMOVAL.
            (a) IN GENERAL- The Immigration and Nationality Act is amended by
          adding at the end the following new title:
                      `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
          180 days after the date of the enactment of this Act.
                      SUBTITLE C--MODIFICATION TO ASYLUM PROCEDURES
          SEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
            (a) IN GENERAL- Section 208(a) of the Immigration and Nationality
          Act (8 U.S.C. 1158(a)) is amended by adding at the end the
          following: `The Attorney General may not grant an alien asylum if
          the Attorney General determines that the alien is excludable under
          subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or
          deportable under section 241(a)(4)(B), unless the Attorney General
          determines, in the discretion of the Attorney General, that there
          are not reasonable grounds for regarding the alien as a danger to
          the security of the United States.'.
            (b) 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 180 days after the date of the enactment of this Act.
          SEC. 423. JUDICIAL REVIEW.
            (a) PRECLUSION OF JUDICIAL REVIEW- Section 106 of the Immigration
          and Nationality Act (8 U.S.C. 1105a) is amended--
                (1) by amending the section heading to read as follows:
              `JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION, AND 
                                 SPECIAL EXCLUSION'; AND
                (2) by adding at the end the following new subsection:
            `(e)(1) Notwithstanding any other provision of law, and except as
          provided in this subsection, no court shall have jurisdiction to
          review any individual determination, or to entertain any other 
          cause or claim, arising from or relating to the implementation or
          operation of section 235(b)(1). Regardless of the nature of the
          action or claim, or the party or parties bringing the action, no
          court shall have jurisdiction or authority to enter declaratory,
          injunctive, or other equitable relief not specifically authorized 
          in this subsection nor to certify a class under Rule 23 of the
          Federal Rules of Civil Procedure.
            `(2) Judicial review of any cause, claim, or individual
          determination covered under paragraph (1) shall only be available 
          in habeas corpus proceedings, and shall be limited to 
          determinations of--
                `(A) whether the petitioner is an alien, if the petitioner
              makes a showing that the petitioner's claim of United States
              nationality is not frivolous;
                `(B) whether the petitioner was ordered specially excluded
              under section 235(b)(1)(A); and
                `(C) whether the petitioner can prove by a preponderance of
              the evidence that the petitioner is an alien lawfully admitted
              for permanent residence and is entitled to such review as is
              provided by the Attorney General pursuant to section
              235(b)(1)(E)(i).
            `(3) In any case where the court determines that an alien was not
          ordered specially excluded, or was not properly subject to special
          exclusion under the regulations adopted by the Attorney General, 
          the court may order no relief beyond requiring that the alien
          receive a hearing in accordance with section 236, or a 
          determination in accordance with section 235(c) or 273(d).
            `(4) In determining whether an alien has been ordered specially
          excluded, the court's inquiry shall be limited to whether such an
          order was in fact issued and whether it relates to the petitioner.'.
            (b) PRECLUSION OF COLLATERAL ATTACKS- Section 235 of such Act (8
          U.S.C. 1225) is amended by adding at the end the following new
          subsection:
            `(d) In any action brought for the assessment of penalties for
          improper entry or re-entry of an alien under section 275 or section
          276, no court shall have jurisdiction to hear claims collaterally
          attacking the validity of orders of exclusion, special exclusion, 
          or deportation entered under this section or sections 236 and 242.'.
            (c) CLERICAL AMENDMENT- The item relating to section 106 in the
          table of contents of such Act is amended to read as follows:
          `Sec. 106. Judicial review of orders of deportation and exclusion,
              and special exclusion.'.
                   SUBTITLE D--CRIMINAL ALIEN PROCEDURAL IMPROVEMENTS
          SEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND
                            NATURALIZATION FILES THROUGH COURT ORDER.
            (a) CONFIDENTIALITY OF INFORMATION- Section 245A(c)(5) of the
          Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
                (1) by inserting `(i)' after `except the Attorney General'; and
                (2) by inserting after `Title 13' the following: `and (ii) 
              may authorize an application to a Federal court of competent
              jurisdiction for, and a judge of such court may grant, an order
              authorizing disclosure of information contained in the
              application of the alien to be used--
                    `(I) for identification of the alien when there is reason
                  to believe that the alien has been killed or severely
                  incapacitated; or
                    `(II) for criminal law enforcement purposes against the
                  alien whose application is to be disclosed.'.
            (b) APPLICATIONS FOR ADJUSTMENT OF STATUS- Section 210(b) of the
          Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended--
                (1) in paragraph (5), by inserting `, except as allowed by a
              court order issued pursuant to paragraph (6) of this 
              subsection' after `consent of the alien'; and
                (2) in paragraph (6), by inserting the following sentence
              before `Anyone who uses': `Notwithstanding the preceding
              sentence, the Attorney General may authorize an application to 
              a Federal court of competent jurisdiction for, and a judge of
              such court may grant an order authorizing, disclosure of
              information contained in the application of the alien to be 
              used for identification of the alien when there is reason to
              believe that the alien has been killed or severely
              incapacitated, or for criminal law enforcement purposes against
              the alien whose application is to be disclosed or to discover
              information leading to the location or identity of the alien.'.
          SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
            Section 130002(a) of the Violent Crime Control and Law 
          Enforcement Act of 1994 (Public Law 103-322) 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. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS
                            RICO-PREDICATE OFFENSES.
            Section 1961(1) of title 18, United States Code, is amended--
                (1) by inserting `section 1028 (relating to fraud and related
              activity in connection with identification documents) if the 
              act indictable under section 1028 was committed for the purpose
              of financial gain,' before `section 1029';
                (2) by inserting `section 1542 (relating to false statement 
              in application and use of passport) if the act indictable under
              section 1542 was committed for the purpose of financial gain,
              section 1543 (relating to forgery or false use of passport) if
              the act indictable under section 1543 was committed for the
              purpose of financial gain, section 1544 (relating to misuse of
              passport) if the act indictable under section 1544 was 
              committed for the purpose of financial gain, section 1546
              (relating to fraud and misuse of visas, permits, and other
              documents) if the act indictable under section 1546 was
              committed for the purpose of financial gain, sections 1581-1588
              (relating to peonage and slavery),' after  `section 1513
              (relating to retaliating against a witness, victim, or an
              informant),';
                (3) by striking `or' before `(E)'; and
                (4) by inserting before the period at the end the following:
              `, or (F) any act which is indictable under the Immigration and
              Nationality Act, section 274 (relating to bringing in and
              harboring certain aliens), section 277 (relating to aiding or
              assisting certain aliens to enter the United States), or 
              section 278 (relating to importation of alien for immoral
              purpose) if the act indictable under such section of such Act
              was committed for the purpose of financial gain'.
          SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
            Section 2516(1) of title 18, United States Code, is amended--
                (1) by striking `and' at the end of paragraph (n),
                (2) by redesignating paragraph (o) as paragraph (p), and
                (3) by inserting after paragraph (n) the following new
              paragraph:
                `(o) a felony violation of section 1028 (relating to
              production of false identification documents), section 1542
              (relating to false statements in passport applications), 
              section 1546 (relating to fraud and misuse of visas, permits,
              and other documents) of this title or a violation of section
              274, 277, or 278 of the Immigration and Nationality Act
              (relating to the smuggling of aliens); or'.
          SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL
                            TURPITUDE.
            (a) IN GENERAL- Section 241(a)(2)(A)(i)(II) of the Immigration 
          and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to
          read as follows:
            `(II) is convicted of a crime for which a sentence of one year or
          longer may be imposed,'.
            (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. 436. MISCELLANEOUS PROVISIONS.
            (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTATION
          HEARINGS- The second sentence of section 242(b) of the Immigration
          and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting
          before the period the following: `; except that nothing in this
          subsection shall preclude the Attorney General from authorizing
          proceedings by electronic or telephonic media (with the consent of
          the alien) or, where waived or agreed to by the parties, in the
          absence of the alien'.
            (b) CODIFICATION- 
                (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended
              by adding at the end the following: `Nothing in this subsection
              shall be construed to create any substantive or procedural 
              right or benefit that is legally enforceable by any party
              against the United States or its agencies or officers or any
              other person.'.
                (2) Section 225 of the Immigration and Nationality Technical
              Corrections Act of 1994 (Public Law 103-416) 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. 437. INTERIOR REPATRIATION PROGRAM.
            Not later than 180 days after the date of enactment of this Act,
          the Attorney General and the Commissioner of Immigration and
          Naturalization shall develop and implement a program in which 
          aliens who previously have illegally entered the United States not
          less than 3 times and are deported or returned to a country
          contiguous to the United States will be returned to locations not
          less than 500 kilometers from that country's border with the United
          States.
          SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION 
                            OF SENTENCE OF IMPRISONMENT.
            (a) IN GENERAL- Section 242(h) of the Immigration and Nationality
          Act (8 U.S.C. 1252(h)) is amended to read as follows:
            `(h)(1) Except as provided in paragraph (2), an alien sentenced 
          to imprisonment may not be deported until such imprisonment has 
          been terminated by the release of the alien from confinement.
          Parole, supervised release, probation, or possibility of rearrest 
          or further confinement in respect of the same offense shall not be 
          a ground for deferral of deportation.
            `(2) The Attorney General is authorized to deport an alien in
          accordance with applicable procedures under this Act prior to the
          completion of a sentence of imprisonment--
                `(A) in the case of an alien in the custody of the Attorney
              General, if the Attorney General determines that (i) the alien
              is confined pursuant to a final conviction for a nonviolent
              offense (other than alien smuggling), and (ii) such deportation
              of the alien is appropriate and in the best interest of the
              United States; or
                `(B) in the case of an alien in the custody of a State (or a
              political subdivision of a State), if the chief State official
              exercising authority with respect to the incarceration of the
              alien determines that (i) the alien is confined pursuant to a
              final conviction for a nonviolent offense (other than alien
              smuggling), (ii) such deportation is appropriate and in the 
              best interest of the State, and (iii) submits a written request
              to the Attorney General that such alien be so deported.
            `(3) Any alien deported pursuant to this subsection shall be
          notified of the penalties under the laws of the United States
          relating to the reentry of deported aliens, particularly the
          expanded penalties for aliens deported under paragraph (2).'.
            (b) REENTRY OF ALIEN DEPORTED PRIOR TO COMPLETION OF TERM OF
          IMPRISONMENT- Section 276 of the Immigration and Nationality Act (8
          U.S.C. 1326) is amended by adding at the end the following new
          subsection:
            `(c) Any alien deported pursuant to section 242(h)(2) who enters,
          attempts to enter, or is at any time found in, the United States
          (unless the Attorney General has expressly consented to such 
          alien's reentry) shall be incarcerated for the remainder of the
          sentence of imprisonment which was pending at the time of
          deportation without any reduction for parole or supervised release.
          Such alien shall be subject to such other penalties relating to the
          reentry of deported aliens as may be available under this section 
          or any other provision of law.'.
          SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO
                            ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.
            (a) IN GENERAL- Notwithstanding any other provision of law, to 
          the extent permitted by relevant State and local law, State and
          local law enforcement officials are authorized to arrest and detain
          an individual who--
                (1) is an alien illegally present in the United States; and
                (2) has previously been convicted of a felony in the United
              States and deported or left the United States after such
              conviction,
          but only after the State or local law enforcement officials obtain
          appropriate confirmation from the Immigration and Naturalization
          Service of the status of such individual and only for such period 
          of time as may be required for the Service to take the individual
          into Federal custody for purposes of deporting or removing the 
          alien from the United States.
            (b) COOPERATION- The Attorney General shall cooperate with the
          States to assure that information in the control of the Attorney
          General, including information in the National Crime Information
          Center, that would assist State and local law enforcement officials
          in carrying out duties under subsection (a) is made available to
          such officials.
          SEC. 440. CRIMINAL ALIEN REMOVAL.
            (a) JUDICIAL REVIEW- Section 106 of the Immigration and
          Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as
          follows:
                `(10) Any final order of deportation against an alien who is
              deportable by reason of having committed a criminal offense
              covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any
              offense covered by section 241(a)(2)(A)(ii) for which both
              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'.
            (f) EFFECTIVE DATE- The amendments made by subsection (e) shall
          apply to convictions entered on or after the date of the enactment
          of this Act, except that the amendment made by subsection (e)(3)
          shall take effect as if included in the enactment of section 222 of
          the Immigration and Nationality Technical Corrections Act of 1994.
            (g) DEPORTATION OF CRIMINAL ALIENS- Section 242A(a) of such Act 
          (8 U.S.C. 1252a) is amended--
                (1) in paragraph (1)--
                    (A) by striking `aggravated felonies (as defined in
                  section 101(a)(43) of this title)' and inserting `any
                  criminal offense covered in section 241(a)(2) (A)(iii), 
                  (B), (C), or (D), or any offense covered by section
                  241(a)(2)(A)(ii) for which both predicate offenses are
                  covered by section 241(a)(2)(A)(i).'; and
                    (B) by striking `, where warranted,';
                (2) in paragraph (2), by striking `aggravated felony' and all
              that follows through `before any scheduled hearings.' and
              inserting `any criminal offense covered in section 241(a)(2)
              (A)(iii), (B), (C), or (D), or any offense covered by section
              241(a)(2)(A)(ii) for which both predicate offenses are covered
              by section 241(a)(2)(A)(i).'.
            (h) DEADLINES FOR DEPORTING ALIEN- Section 242(c) of such Act (8
          U.S.C. 1252(c)) is amended--
                (1) by striking `(c) When a final order' and inserting 
              `(c)(1) Subject to paragraph (2), when a final order'; and
                (2) by inserting at the end the following new paragraph:
            `(2) When a final order of deportation under administrative
          process is made against any alien who is deportable by reason of
          having committed a criminal offense covered in section 241(a)(2)
          (A)(iii), (B), (C), or (D) or any offense covered by section
          241(a)(2)(A)(ii) for which both predicate offenses are covered by
          section 241(a)(2)(A)(i), the Attorney General shall have 30 days
          from the date of the order within which to effect the alien's
          departure from the United States. The Attorney General shall have
          sole and unreviewable discretion to waive the foregoing provision
          for aliens who are cooperating with law enforcement authorities or
          for purposes of national security.'.
          SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING 
                            DEPORTATION ORDER.
            (a) IN GENERAL- Section 276 of the Immigration and Nationality 
          Act (8 U.S.C. 1326) is amended by adding at the end the following
          new subsection:
            `(d) In a criminal proceeding under this section, an alien may 
          not challenge the validity of the deportation order described in
          subsection (a)(1) or subsection (b) unless the alien demonstrates
          that--
                `(1) the alien exhausted any administrative remedies that may
              have been available to seek relief against the order;
                `(2) the deportation proceedings at which the order was 
              issued improperly deprived the alien of the opportunity for
              judicial review; and
                `(3) the entry of the order was fundamentally unfair.'.
            (b) EFFECTIVE DATE- The amendment made by subsection (a) shall
          apply to criminal proceedings initiated after the date of enactment
          of this Act.
          SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO 
                            ARE NOT PERMANENT RESIDENTS.
            (a) ADMINISTRATIVE HEARINGS- Section 242A(b) of the Immigration
          and Nationality Act (8 U.S.C. 1252a(b)), as added by section
          130004(a) of the Violent Crime Control and Law Enforcement Act of
          1994 (Public Law 103-322), is amended--
                (1) in paragraph (2)--
                    (A) by striking `and' at the end of subparagraph (A) and
                  inserting `or', and
                    (B) by amending subparagraph (B) to read as follows:
                    `(B) had permanent resident status on a conditional basis
                  (as described in section 216) at the time that proceedings
                  under this section commenced.';
                (2) in paragraph (3), by striking `30 calendar days' and
              inserting `14 calendar days';
                (3) in paragraph (4)(B), by striking `proccedings' and
              inserting `proceedings';
                (4) in paragraph (4)--
                    (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
          become effective no later than 60 days after the publication by the
          Attorney General of implementing regulations that shall be 
          published on or before January 1, 1997.
          SEC. 443. EXTRADITION OF ALIENS.
            (a) SCOPE- Section 3181 of title 18, United States Code, is
          amended--
                (1) by inserting `(a)' before `The provisions of this
              chapter'; and
                (2) by adding at the end the following new subsections:
            `(b) The provisions of this chapter shall be construed to permit,
          in the exercise of comity, the surrender of persons, other than
          citizens, nationals, or permanent residents of the United States,
          who have committed crimes of violence against nationals of the
          United States in foreign countries without regard to the existence
          of any treaty of extradition with such foreign government if the
          Attorney General certifies, in writing, that--
                `(1) evidence has been presented by the foreign government
              that indicates that had the offenses been committed in the
              United States, they would constitute crimes of violence as
              defined under section 16 of this title; and
                `(2) the offenses charged are not of a political nature.
            `(c) As used in this section, the term `national of the United
          States' has the meaning given such term in section 101(a)(22) of 
          the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).'.
            (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
                        (iv) in subparagraph (B), by inserting `or biological
                      product' after `isomer'; and
                    (C) in paragraph (4), by inserting `, or molecule,
                  including a recombinant molecule, or biological product 
                  that may be engineered as a result of biotechnology,' after
                  `organism'.
            (c) TERRORISM- Section 2332a(a) of title 18, United States Code,
          is amended by inserting `, including any biological agent, toxin, 
          or vector (as those terms are defined in section 178)' after
          `destruction'.
            (d) REGULATORY CONTROL OF BIOLOGICAL AGENTS- 
                (1) LIST OF BIOLOGICAL AGENTS- 
                    (A) IN GENERAL- The Secretary shall, through regulations
                  promulgated under subsection (f), establish and maintain a
                  list of each biological agent that has the potential to 
                  pose a severe threat to public health and safety.
                    (B) CRITERIA- In determining whether to include an agent
                  on the list under subparagraph (A), the Secretary shall--
                        (i) consider--
            (I) the effect on human health of exposure to the agent;
            (II) the degree of contagiousness of the agent and the methods by
          which the agent is transferred to humans;
            (III) the availability and effectiveness of immunizations to
          prevent and treatments for any illness resulting from infection by
          the agent; and
            (IV) any other criteria that the Secretary considers appropriate;
          and
                        (ii) consult with scientific experts representing
                      appropriate professional groups.
            (e) REGULATION OF TRANSFERS OF LISTED BIOLOGICAL AGENTS- The
          Secretary shall, through regulations promulgated under subsection
          (f), provide for--
                (1) the establishment and enforcement of safety procedures 
              for the transfer of biological agents listed pursuant to
              subsection (d)(1), including measures to ensure--
                    (A) proper training and appropriate skills to handle such
                  agents; and
                    (B) proper laboratory facilities to contain and dispose 
                  of such agents;
                (2) safeguards to prevent access to such agents for use in
              domestic or international terrorism or for any other criminal
              purpose;
                (3) the establishment of procedures to protect the public
              safety in the event of a transfer or potential transfer of a
              biological agent in violation of the safety procedures
              established under paragraph (1) or the safeguards established
              under paragraph (2); and
                (4) appropriate availability of biological agents for
              research, education, and other legitimate purposes.
            (f) REGULATIONS- The Secretary shall carry out this section by
          issuing--
                (1) proposed rules not later than 60 days after the date of
              enactment of this Act; and
                (2) final rules not later than 120 days after the date of
              enactment of this Act.
            (g) DEFINITIONS- For purposes of this section--
                (1) the term `biological agent' has the same meaning as in
              section 178 of title 18, United States Code; and
                (2) the term `Secretary' means the Secretary of Health and
              Human Services.
                        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), C [Bold->] 2 [<-Bold] 
              H [Bold->] 4 [<-Bold] (NO [Bold->] 3 [<-Bold] ) [Bold->] 2
              [<-Bold] , molecular weight 152, when the minimum concentration
              in the finished explosive is 0.2 percent by mass;
                `(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C [Bold->] 6
              [<-Bold] H [Bold->] 12 [<-Bold] (NO [Bold->] 2 [<-Bold] )
              [Bold->] 2 [<-Bold] , molecular weight 176, when the minimum
              concentration in the finished explosive is 0.1 percent by mass;
                `(3) Para-Mononitrotoluene (p-MNT), C [Bold->] 7 [<-Bold] H
              [Bold->] 7 [<-Bold] NO [Bold->] 2 [<-Bold] , molecular weight
              137, when the minimum concentration in the finished explosive 
              is 0.5 percent by mass;
                `(4) Ortho-Mononitrotoluene (o-MNT), C [Bold->] 7 [<-Bold] H
              [Bold->] 7 [<-Bold] NO [Bold->] 2 [<-Bold] , 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��., 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",.class" tppabs="http://usinfo.state.gov/usa/infousa/laws/majorlaw/,.class"
          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
          instituted not later than 10 years after the date on which the
          offense was committed.'.
                (2) CLERICAL AMENDMENT- The table of sections at the 
              beginning of chapter 213 of title 18, United States Code, is
              amended by adding at the end the following new item:
          `3295. Arson offenses.'.
                (3) CONFORMING AMENDMENT- Section 844(i) of title 18, United
              States Code, is amended by striking the last sentence.
          SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE
                            DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL
                            MATERIALS.
            (a) STUDY- The Attorney General, in consultation with such other
          officials and individuals as the Attorney General considers
          appropriate, shall conduct a study concerning--
                (1) the extent to which there is available to the public
              material in any medium (including print, electronic, or film)
              that provides instruction on how to make bombs, destructive
              devices, or weapons of mass destruction;
                (2) the extent to which information gained from such material
              has been used in incidents of domestic or international
              terrorism;
                (3) the likelihood that such information may be used in 
              future incidents of terrorism;
                (4) the application of Federal laws in effect on the date of
              enactment of this Act to such material;
                (5) the need and utility, if any, for additional laws 
              relating to such material; and
                (6) an assessment of the extent to which the first amendment
              protects such material and its private and commercial
              distribution.
            (b) REPORT- 
                (1) REQUIREMENT- Not later than 180 days after the date of
              enactment of this Act, the Attorney General shall submit to the
              Congress a report that contains the results of the study
              required by this section.
                (2) AVAILABILITY- The Attorney General shall make the report
              submitted under this subsection available to the public.
                             SUBTITLE B--CRIMINAL PROCEDURES
          SEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
                            CERTAIN TERRORISM OFFENSES OVERSEAS.
            (a) AIRCRAFT PIRACY- Section 46502(b) of title 49, United States
          Code, is amended--
                (1) in paragraph (1), by striking `and later found in the
              United States';
                (2) so that  paragraph (2) reads as follows:
            `(2) There is jurisdiction over the offense in paragraph (1) if--
                `(A) a national of the United States was aboard the aircraft;
                `(B) an offender is a national of the United States; or
                `(C) an offender is afterwards found in the United States.';
              and
                (3) by inserting after paragraph (2) the following:
            `(3) For purposes of this subsection, the term `national of the
          United States' has the meaning prescribed in section 101(a)(22) of
          the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).'.
            (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILITIES- Section 32(b)
          of title 18, United States Code, is amended--
                (1) by striking `, if the offender is later found in the
              United States,'; and
                (2) by inserting at the end the following: `There is
              jurisdiction over an offense under this subsection if a 
              national of the United States was on board, or would have been
              on board, the aircraft; an offender is a national of the United
              States; or an offender is afterwards found in the United 
              States. For purposes of this subsection, the term `national of
              the United States' has the meaning prescribed in section
              101(a)(22) of the Immigration and Nationality Act.'.
            (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS- 
          Section 1116 of title 18, United States Code, is amended--
                (1) in subsection (b), by adding at the end the following:
                `(7) `National of the United States' has the meaning
              prescribed in section 101(a)(22) of the Immigration and
              Nationality Act (8 U.S.C. 1101(a)(22)).'; and
                (2) in subsection (c), by striking the first sentence and
              inserting the following: `If the victim of an offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative, 
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (d) PROTECTION OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS-
          Section 112 of title 18, United States Code, is amended--
                (1) in subsection (c), by inserting `national of the United
              States',' before `and'; and
                (2) in subsection (e), by striking the first sentence and
              inserting the following: `If the victim of an offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative, 
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (e) THREATS AND EXTORTION AGAINST FOREIGN OFFICIALS AND CERTAIN
          OTHER PERSONS- Section 878 of title 18, United States Code, is
          amended--
                (1) in subsection (c), by inserting `national of the United
              States',' before `and'; and
                (2) in subsection (d), by  striking the first sentence and
              inserting the following: `If the victim of an offense under
              subsection (a) is an internationally protected person outside
              the United States, the United States may exercise jurisdiction
              over the offense if (1) the victim is a representative, 
              officer, employee, or agent of the United States, (2) an
              offender is a national of the United States, or (3) an offender
              is afterwards found in the United States.'.
            (f) KIDNAPPING OF INTERNATIONALLY PROTECTED PERSONS- Section
          1201(e) of title 18, United States Code, is amended--
                (1) by striking the first sentence and inserting the
              following: `If the victim of an offense under subsection (a) is
              an internationally protected person outside the United States,
              the United States may exercise jurisdiction over the offense if
              (1) the victim is a representative, officer, employee, or agent
              of the United States, (2) an offender is a national of the
              United States, or (3) an offender is afterwards found in the
              United States.'; and
                (2) by adding at the end the following: `For purposes of this
              subsection, the term `national of the United States' has the
              meaning prescribed in section 101(a)(22) of the Immigration and
              Nationality Act (8 U.S.C. 1101(a)(22)).'.
            (g) VIOLENCE AT INTERNATIONAL AIRPORTS- Section 37(b)(2) of title
          18, United States Code, is amended--
                (1) by inserting `(A)' before `the offender is later found in
              the United States'; and
                (2) by inserting `; or (B) an offender or a victim is a
              national of the United States (as defined in section 101(a)(22)
              of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'
              after `the offender is later found in the United States'.
            (h) BIOLOGICAL WEAPONS- Section 178 of title 18, United States
          Code, is amended--
                (1) by striking `and' at the end of paragraph (3);
                (2) by striking the period at the end of paragraph (4) and
              inserting `; and'; and
                (3) by adding the following at the end:
                `(5) the term `national of the United States' has the meaning
              prescribed in section 101(a)(22) of the Immigration and
              Nationality Act (8 U.S.C. 1101(a)(22)).'.
          SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
            Section 2280(b)(1)(A) of title 18, United States Code, is amended--
                (1) in clause (ii), by striking `and the activity is not
              prohibited as a crime by the State in which the activity takes
              place'; and
                (2) in clause (iii), by striking `the activity takes place on
              a ship flying the flag of a foreign country or outside the
              United States,'.
          SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR 
                            TERRORISM OFFENSES.
            (a) TITLE 18 OFFENSES- 
                (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
              115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
              18, United States Code, are each amended by inserting `or
              conspires' after `attempts'.
                (2) Section 115(b)(2) of title 18, United States Code, is
              amended by striking `or attempted kidnapping' both places it
              appears and inserting `, attempted kidnapping, or conspiracy to
              kidnap'.
                (3)(A) Section 115(b)(3) of title 18, United States Code, is
              amended by striking `or attempted murder' and inserting `,
              attempted murder, or conspiracy to murder'.
                (B) Section 115(b)(3) of title 18, United States Code, is
              amended by striking `and 1113' and inserting `, 1113, and 1117'.
            (b) AIRCRAFT PIRACY- 
                (1) Section 46502(a)(2) of title 49, United States Code, is
              amended by inserting `or conspiring' after `attempting'.
                (2) Section 46502(b)(1) of title 49, United States Code, is
              amended by inserting `or conspiring to commit' after
              `committing'.
          SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS.
            Section 844(e) of title 18, United States Code, is amended by
          striking `commerce,' and inserting `interstate or foreign commerce,
          or in or affecting interstate or foreign commerce,'.
          SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
                            STATUTE.
            Section 2332a of title 18, United States Code, is amended--
                (1) in subsection (a)--
                    (A) in the subsection heading, by inserting `AGAINST A
                  NATIONAL OF THE UNITED STATES OR WITHIN THE UNITED STATES'
                  after `OFFENSE';
                    (B) by striking `uses, or attempts' and inserting `,
                  without lawful authority, uses, threatens, or attempts'; and
                    (C) in paragraph (2), by inserting `, and the results of
                  such use affect interstate or foreign commerce or, in the
                  case of a threat, attempt, or conspiracy, would have
                  affected interstate or foreign commerce' before the
                  semicolon at the end;
                (2) in subsection (b), by striking subparagraph (B) and
              inserting the following:
                    `(B) any weapon that is designed or intended to cause
                  death or serious bodily injury through the release,
                  dissemination, or impact of toxic or poisonous chemicals, 
                  or their precursors;';
                (3) by redesignating subsection (b) as subsection (c); and
                (4) by inserting after subsection (a) the following new
              subsection:
            `(b) OFFENSE BY NATIONAL OF THE UNITED STATES OUTSIDE OF THE
          UNITED STATES- Any national of the United States who, without 
          lawful authority, uses, or threatens, attempts, or conspires to 
          use, a weapon of mass destruction outside of the United States 
          shall be imprisoned for any term of years or for life, and if death
          results, shall be punished by death, or by imprisonment for any 
          term of years or for life.'.
          SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING
                            STATUTE.
            Section 1956(c)(7) of title 18, United States Code, is amended--
                (1) in subparagraph (B), by amending clause (ii) to read as
              follows:
                    `(ii) murder, kidnapping, robbery, extortion, or
                  destruction of property by means of explosive or fire;'; and
                (2) in subparagraph (D)--
                    (A) by inserting after `an offense under' the following:
                  `section 32 (relating to the destruction of aircraft),
                  section 37 (relating to violence at international 
                  airports), section 115 (relating to influencing, impeding,
                  or retaliating against a Federal official by threatening or
                  injuring a family member),';
                    (B) by inserting after `section 215 (relating to
                  commissions or gifts for procuring loans),' the following:
                  `section 351 (relating to congressional or Cabinet officer
                  assassination),';
                    (C) by inserting after `section 798 (relating to
                  espionage),' the following: `section 831 (relating to
                  prohibited transactions involving nuclear materials),
                  section 844 (f) or (i) (relating to destruction by
                  explosives or fire of Government property or property
                  affecting interstate or foreign commerce),';
                    (D) by inserting after `section 875 (relating to
                  interstate communications),' the following: `section 956
                  (relating to conspiracy to kill, kidnap, maim, or injure
                  certain property in a foreign country),';
                    (E) by inserting after `section 1032 (relating to
                  concealment of assets from conservator, receiver, or
                  liquidating agent of financial institution),' the 
                  following: `section 1111 (relating to murder), section 1114
                  (relating to murder of United States law enforcement
                  officials), section 1116 (relating to murder of foreign
                  officials, official guests, or internationally protected
                  persons),';
                    (F) by inserting after `section 1203 (relating to hostage
                  taking),' the following: `section 1361 (relating to willful
                  injury of Government property), section 1363 (relating to
                  destruction of property within the special maritime and
                  territorial jurisdiction),';
                    (G) by inserting after `section 1708 (relating to theft
                  from the mail),' the following: `section 1751 (relating to
                  Presidential assassination),';
                    (H) by inserting after `2114 (relating to bank and postal
                  robbery and theft),' the following: `section 2280 (relating
                  to violence against maritime navigation), section 2281
                  (relating to violence against maritime fixed platforms),';
                    (I) by striking `or section 2320' and inserting `section
                  2320'; and
                    (J) by striking `of this title' and inserting the
                  following: `, section 2332 (relating to terrorist 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
          sections 3056, 871, and 879 of this title.'.
            (c) AMENDMENT TO CLARIFY THE MEANING OF THE TERM DEADLY OR
          DANGEROUS WEAPON IN THE PROHIBITION ON ASSAULT ON FEDERAL OFFICERS
          OR EMPLOYEES- Section 111(b) of title 18, United States Code, is
          amended by inserting `(including a weapon intended to cause death 
          or danger but that fails to do so by reason of a defective
          component)' after `deadly or dangerous weapon'.
          SEC. 728. DEATH PENALTY AGGRAVATING FACTOR.
            Section 3592(c) of title 18, United States Code, is amended by
          inserting after paragraph (15) the following new paragraph:
                `(16) MULTIPLE KILLINGS OR ATTEMPTED KILLINGS- The defendant
              intentionally killed or attempted to kill more than one person
              in a single criminal episode.'.
          SEC. 729. DETENTION HEARING.
            Section 3142(f) of title 18, United States Code, is amended by
          inserting `(not including any intermediate Saturday, Sunday, or
          legal holiday)' after `five days' and after `three days'.
          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 (e) shall include black or
              smokeless powder among the explosive materials considered.
            (b) CONSULTATION- 
                (1) IN GENERAL- In conducting the study under subsection (a),
              the Secretary shall consult with--
                    (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, in consultation with the Secretary of State, for
          the purpose of improving the effectiveness of the United States in
          investigating and prosecuting transnational offenses.
          SEC. 802. SENSE OF CONGRESS.
            It is the sense of the Congress that, whenever practicable, each
          recipient of any sum authorized to be appropriated by this Act,
          should use the money to purchase American-made products.
          SEC. 803. 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) FIRST EVALUATION AUDIT UNDER PLAN- The Secretary shall
              begin the first evaluation audit pursuant to the evaluation
              audit plan no later than the end of the 1-year period beginning
              on the date of the enactment of this Act.
                (4) SUBSEQUENT EVALUATION AUDITS- At least 1 evaluation audit
              shall be performed pursuant to the evaluation audit plan during
              each 3-year period beginning after the date of the commencement
              of the evaluation audit referred to in paragraph (3).
            (c) REPORTS- 
                (1) IN GENERAL- The Secretary shall submit a written report 
              to the Committee on Banking and Financial Services of the House
              of Representatives and the Committee on Banking, Housing, and
              Urban Affairs of the Senate on the results of each evaluation
              audit conducted pursuant to subsection (b) within 90 days after
              the completion of the evaluation audit.
                (2) CONTENTS- In addition to such other information as the
              Secretary may determine to be appropriate, each report 
              submitted to the Congress pursuant to paragraph (1) shall
              include the following information:
                    (A) A detailed description of the evaluation audit 
                  process and the methods used to develop estimates of the
                  amount of counterfeit United States currency in circulation
                  outside the United States.
                    (B) The method used to determine the currency sample
                  examined in connection with the evaluation audit and a
                  statistical analysis of the sample examined.
                    (C) A list of the regions of the world, types of 
                  financial institutions, and other entities included.
                    (D) An estimate of the total amount of United States
                  currency found in each region of the world.
                    (E) The total amount of counterfeit United States 
                  currency and the total quantity of each counterfeit
                  denomination found in each region of the world.
                (3) CLASSIFICATION OF INFORMATION- 
                    (A) IN GENERAL- To the greatest extent possible, each
                  report submitted to the Congress under this subsection 
                  shall be submitted in an unclassified form.
                    (B) CLASSIFIED AND UNCLASSIFIED FORMS- If, in the 
                  interest of submitting a complete report under this
                  subsection, the Secretary determines that it is necessary 
                  to include classified information in the report, the report
                  shall be submitted in a classified and an unclassified form.
            (d) SUNSET PROVISION- This section shall cease to be effective as
          of the end of the 10-year period beginning on the date of the
          enactment of this Act.
            (e) RULE OF CONSTRUCTION- No provision of this section shall be
          construed as authorizing any entity to conduct investigations of
          counterfeit United States currency.
            (f) FINDINGS- The Congress hereby finds the following:
                (1) United States currency is being counterfeited outside the
              United States.
                (2) The One Hundred Third Congress enacted, with the approval
              of the President on September 13, 1994, section 470 of title 
              18, United States Code, making such activity a crime under the
              laws of the United States.
                (3) The expeditious posting of agents of the United States
              Secret Service to overseas posts, which is necessary for the
              effective enforcement of section 470 and related criminal
              provisions, has been delayed.
                (4) While section 470 of title 18, United States Code,
              provides for a maximum term of imprisonment of 20 years as
              opposed to a maximum term of 15 years for domestic
              counterfeiting, the United States Sentencing Commission has
              failed to provide, in its sentencing guidelines, for an
              appropriate enhancement of punishment for defendants convicted
              of counterfeiting United States currency outside the United
              States.
            (g) TIMELY CONSIDERATION OF REQUESTS FOR CONCURRENCE IN CREATION
          OF OVERSEAS POSTS-
                (1) IN GENERAL- The Secretary of State shall--
                    (A) consider in a timely manner the request by the
                  Secretary of the Treasury for the placement of such number
                  of agents of the United States Secret Service as the
                  Secretary of the Treasury considers appropriate in posts in
                  overseas embassies; and
                    (B) reach an agreement with the Secretary of the Treasury
                  on such posts as soon as possible and, in any event, not
                  later than December 31, 1996.
                (2) COOPERATION OF TREASURY REQUIRED- The Secretary of the
              Treasury shall promptly provide any information requested by 
              the Secretary of State in connection with such requests.
                (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 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) 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.
          Speaker of the House of Representatives.
          Vice President of the United States and  
          President of the Senate.