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104th CONGRESS
2d Session
S. 735
_______________________________________________________________________
AMENDMENTS
In the House of Representatives, U. S.,
March 14, 1996.
Resolved, That the bill from the Senate (S. 735) entitled ``An Act to
prevent and punish acts of terrorism, and for other purposes'', do pass with the
following
AMENDMENTS:
Strike out all after the enacting clause, and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Effective Death Penalty and Public
Safety Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CRIMINAL ACTS
Sec. 101. Protection of Federal employees.
Sec. 102. Prohibiting material support to terrorist organizations.
Sec. 103. Modification of material support provision.
Sec. 104. Acts of terrorism transcending national boundaries.
Sec. 105. Conspiracy to harm people and property overseas.
Sec. 106. Clarification and extension of criminal jurisdiction over
certain terrorism offenses overseas.
Sec. 107. Expansion and modification of weapons of mass destruction
statute.
Sec. 108. Addition of offenses to the money laundering statute.
Sec. 109. Expansion of Federal jurisdiction over bomb threats.
Sec. 110. Clarification of maritime violence jurisdiction.
Sec. 111. Possession of stolen explosives prohibited.
Sec. 112. Study and recommendations for assessing and reducing the
threat to law enforcement officers from the
criminal use of firearms and ammunition.
TITLE II--INCREASED PENALTIES
Sec. 201. Mandatory minimum for certain explosives offenses.
Sec. 202. Increased penalty for explosive conspiracies.
Sec. 203. Increased and alternate conspiracy penalties for terrorism
offenses.
Sec. 204. Mandatory penalty for transferring a firearm knowing that it
will be used to commit a crime of violence.
Sec. 205. Mandatory penalty for transferring an explosive material
knowing that it will be used to commit a
crime of violence.
Sec. 206. Directions to Sentencing Commission.
Sec. 207. Amendment of sentencing guidelines to provide for enhanced
penalties for a defendant who commits a
crime while in possession of a firearm with
a laser sighting device.
TITLE III--INVESTIGATIVE TOOLS
Sec. 301. Study of tagging explosive materials, detection of explosives
and explosive materials, rendering
explosive components inert, and imposing
controls of precursors of explosives.
Sec. 302. Exclusion of certain types of information from wiretap-
related definitions.
Sec. 303. Requirement to preserve record evidence.
Sec. 304. Detention hearing.
Sec. 305. Protection of Federal Government buildings in the District of
Columbia.
Sec. 306. Study of thefts from armories; report to the Congress.
TITLE IV--NUCLEAR MATERIALS
Sec. 401. Expansion of nuclear materials prohibitions.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
Sec. 501. Definitions.
Sec. 502. Requirement of detection agents for plastic explosives.
Sec. 503. Criminal sanctions.
Sec. 504. Exceptions.
Sec. 505. Effective date.
TITLE VI--IMMIGRATION-RELATED PROVISIONS
Subtitle A--Removal of Alien Terrorists
Part 1--Removal Procedures for Alien Terrorists
Sec. 601. Funding for detention and removal of alien terrorists.
Part 2--Exclusion and Denial of Asylum for Alien Terrorists
Sec. 611. Denial of asylum to alien terrorists.
Sec. 612. Denial of other relief for alien terrorists.
Subtitle B--Expedited Exclusion
Sec. 621. Inspection and exclusion by immigration officers.
Sec. 622. Judicial review.
Sec. 623. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Improved Information and Processing
Part 1--Immigration Procedures
Sec. 631. Access to certain confidential INS files through court order.
Sec. 632. Waiver authority concerning notice of denial of application
for visas.
Part 2--Asset Forfeiture for Passport and Visa Offenses
Sec. 641. Criminal forfeiture for passport and visa related offenses.
Sec. 642. Subpoenas for bank records.
Sec. 643. Effective date.
Subtitle D--Employee Verification by Security Services Companies
Sec. 651. Permitting security services companies to request additional
documentation.
Subtitle E--Criminal Alien Deportation Improvements
Sec. 661. Short title.
Sec. 662. Additional expansion of definition of aggravated felony.
Sec. 663. Deportation procedures for certain criminal aliens who are
not permanent residents.
Sec. 664. Restricting the defense to exclusion based on 7 years
permanent residence for certain criminal
aliens.
Sec. 665. Limitation on collateral attacks on underlying deportation
order.
Sec. 666. Criminal alien identification system.
Sec. 667. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 668. Authority for alien smuggling investigations.
Sec. 669. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 670. Miscellaneous provisions.
Sec. 671. Construction of expedited deportation requirements.
Sec. 672. Study of prisoner transfer treaty with Mexico.
Sec. 673. Justice Department assistance in bringing to justice aliens
who flee prosecution for crimes in the
United States.
Sec. 674. Prisoner transfer treaties.
Sec. 675. Interior repatriation program.
Sec. 676. Deportation of nonviolent offenders prior to completion of
sentence of imprisonment.
Sec. 677. Authorizing state and local law enforcement officials to
arrest and detain certain illegal aliens.
TITLE VII--AUTHORIZATION AND FUNDING
Sec. 701. Firefighter and emergency services training.
Sec. 702. Assistance to foreign countries to procure explosive
detection devices and other counter-
terrorism technology.
Sec. 703. Research and development to support counter-terrorism
technologies.
Sec. 704. Sense of Congress.
TITLE VIII--MISCELLANEOUS
Sec. 801. Study of State licensing requirements for the purchase and
use of high explosives.
Sec. 802. Compensation of victims of terrorism.
Sec. 803. Jurisdiction for lawsuits against terrorist states.
Sec. 804. Study of publicly available instructional material on the
making of bombs, destructive devices, and
weapons of mass destruction.
Sec. 805. Compilation of statistics relating to intimidation of
Government employees.
Sec. 806. Victim Restitution Act of 1995.
Sec. 807. Overseas law enforcement training activities.
Sec. 808. Closed circuit televised court proceedings for victims of
crime.
Sec. 809. Authorization of appropriations.
TITLE IX--HABEAS CORPUS REFORM
Sec. 901. Filing deadlines.
Sec. 902. Appeal.
Sec. 903. Amendment of Federal rules of appellate procedure.
Sec. 904. Section 2254 amendments.
Sec. 905. Section 2255 amendments.
Sec. 906. Limits on second or successive applications.
Sec. 907. Death penalty litigation procedures.
Sec. 908. Technical amendment.
Sec. 909. Severability.
TITLE X--INTERNATIONAL COUNTERFEITING
Sec. 1001. Short title.
Sec. 1002. Audits of international counterfeiting of United States
currency.
Sec. 1003. Law enforcement and sentencing provisions relating to
international counterfeiting of United
States currency.
TITLE XI--BIOLOGICAL WEAPONS RESTRICTIONS
Sec. 1101. Short title.
Sec. 1102. Attempts to acquire under false pretenses.
Sec. 1103. Inclusion of recombinant molecules.
Sec. 1104. Definitions.
Sec. 1105. Threatening use of certain weapons.
Sec. 1106. Inclusions of recombinant molecules and biological organisms
in definition.
TITLE XII--COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
Sec. 1201. Establishment.
Sec. 1202. Duties.
Sec. 1203. Membership and administrative provisions.
Sec. 1204. Staffing and support functions.
Sec. 1205. Powers.
Sec. 1206. Report.
Sec. 1207. Termination.
TITLE XIII--REPRESENTATION FEES
Sec. 1301. Representation fees in criminal cases.
TITLE XIV--DEATH PENALTY AGGRAVATING FACTOR
Sec. 1401. Death penalty aggravating factor.
TITLE XV--FINANCIAL TRANSACTIONS WITH TERRORISTS
Sec. 1501. Financial transactions with terrorists.
TITLE I--CRIMINAL ACTS
SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.
(a) Homicide.--Section 1114 of title 18, United States Code, is
amended to read as follows:
``Sec. 1114. Protection of officers and employees of the United States
``Whoever kills or attempts to kill any officer or employee of the
United States or of any agency in any branch of the United States
Government (including any member of the uniformed services) while such
officer or employee is engaged in or on account of the performance of
official duties, or any person assisting such an officer or employee in
the performance of such duties or on account of that assistance, shall
be punished, in the case of murder, as provided under section 1111, or
in the case of manslaughter, as provided under section 1112, or, in the
case of attempted murder or manslaughter, as provided in section
1113.''.
(b) Threats Against Former Officers and Employees.--Section
115(a)(2) of title 18, United States Code, is amended by inserting ``,
or threatens to assault, kidnap, or murder, any person who formerly
served as a person designated in paragraph (1), or'' after ``assaults,
kidnaps, or murders, or attempts to kidnap or murder''.
SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.
(a) In General.--That chapter 113B of title 18, United States Code,
that relates to terrorism is amended by adding at the end the
following:
``Sec. 2339B. Providing material support to terrorist organizations
``(a) Offense.--Whoever, within the United States, knowingly
provides material support or resources in or affecting interstate or
foreign commerce, to any organization which the person knows is a
terrorist organization that has been designated under section
212(a)(3)(B)(iv) of the Immigration and Nationality Act as a terrorist
organization shall be fined under this title or imprisoned not more
than 10 years, or both.
``(b) Definition.--As used in this section, the term `material
support or resources' has the meaning given that term in section 2339A
of this title.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end the following new item:
``2339B. Providing material support to terrorist organizations.''.
SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.
Section 2339A of title 18, United States Code, is amended read as
follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the nature,
location, source, or ownership of material support or resources,
knowing or intending that they are to be used in preparation for or in
carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m)
or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366,
1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this
title or section 46502 of title 49, or in preparation for or in
carrying out the concealment or an escape from the commission of any
such violation, shall be fined under this title, imprisoned not more
than 10 years, or both.
``(b) Definition.--In this section, the term `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.''.
SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.
(a) Offense.--Title 18, United States Code, is amended by inserting
after section 2332a the following:
``Sec. 2332b. Acts of terrorism transcending national boundaries
``(a) Prohibited Acts.--
``(1) Whoever, involving any conduct transcending national
boundaries and in a circumstance described in subsection (b)--
``(A) kills, kidnaps, maims, commits an assault
resulting in serious bodily injury, or assaults with a
dangerous weapon any individual within the United
States; or
``(B) creates a substantial risk of serious bodily
injury to any other person by destroying or damaging
any structure, conveyance, or other real or personal
property within the United States or by attempting or
conspiring to destroy or damage any structure,
conveyance, or other real or personal property within
the United States;
in violation of the laws of any State or the United States
shall be punished as prescribed in subsection (c).
``(2) Whoever threatens to commit an offense under
paragraph (1), or attempts or conspires to do so, shall be
punished as prescribed in subsection (c).
``(b) Jurisdictional Bases.--The circumstances referred to in
subsection (a) are--
``(1) any of the offenders travels in, or uses the mail or
any facility of, interstate or foreign commerce in furtherance
of the offense or to escape apprehension after the commission
of the offense;
``(2) the offense obstructs, delays, or affects interstate
or foreign commerce, or would have so obstructed, delayed, or
affected interstate or foreign commerce if the offense had been
consummated;
``(3) the victim, or intended victim, is the United States
Government, a member of the uniformed services, or any
official, officer, employee, or agent of the legislative,
executive, or judicial branches, or of any department or
agency, of the United States;
``(4) the structure, conveyance, or other real or personal
property is, in whole or in part, owned, possessed, used by, or
leased to the United States, or any department or agency
thereof;
``(5) the offense is committed in the territorial sea
(including the airspace above and the seabed and subsoil below,
and artificial islands and fixed structures erected thereon) of
the United States; or
``(6) the offense is committed in those places within the
United States that are in the special maritime and territorial
jurisdiction of the United States.
Jurisdiction shall exist over all principals and co-conspirators of an
offense under this section, and accessories after the fact to any
offense under this section, if at least one of such circumstances is
applicable to at least one offender.
``(c) Penalties.--
``(1) Whoever violates this section shall be punished--
``(A) for a killing or if death results to any
person from any other conduct prohibited by this
section by death, or by imprisonment for any term of
years or for life;
``(B) for kidnapping, by imprisonment for any term
of years or for life;
``(C) for maiming, by imprisonment for not more
than 35 years;
``(D) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by
imprisonment for not more than 30 years;
``(E) for destroying or damaging any structure,
conveyance, or other real or personal property, by
imprisonment for not more than 25 years;
``(F) for attempting or conspiring to commit an
offense, for any term of years up to the maximum
punishment that would have applied had the offense been
completed; and
``(G) for threatening to commit an offense under
this section, by imprisonment for not more than 10
years.
``(2) Notwithstanding any other provision of law, the court
shall not place on probation any person convicted of a
violation of this section; nor shall the term of imprisonment
imposed under this section run concurrently with any other term
of imprisonment.
``(d) Limitation on Prosecution.--No indictment shall be sought nor
any information filed for any offense described in this section until
the Attorney General, or the highest ranking subordinate of the
Attorney General with responsibility for criminal prosecutions, makes a
written certification that, in the judgment of the certifying official,
such offense, or any activity preparatory to or meant to conceal its
commission, is a Federal crime of terrorism.
``(e) Proof Requirements.--
``(1) The prosecution is not required to prove knowledge by
any defendant of a jurisdictional base alleged in the
indictment.
``(2) In a prosecution under this section that is based
upon the adoption of State law, only the elements of the
offense under State law, and not any provisions pertaining to
criminal procedure or evidence, are adopted.
``(f) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction--
``(1) over any offense under subsection (a), including any
threat, attempt, or conspiracy to commit such offense; and
``(2) over conduct which, under section 3 of this title,
renders any person an accessory after the fact to an offense
under subsection (a).
``(g) Definitions.--As used in this section--
``(1) the term `conduct transcending national boundaries'
means conduct occurring outside the United States in addition
to the conduct occurring in the United States;
``(2) the term `facility of interstate or foreign commerce'
has the meaning given that term in section 1958(b)(2) of this
title;
``(3) the term `serious bodily injury' has the meaning
prescribed in section 1365(g)(3) of this title;
``(4) the term `territorial sea of the United States' means
all waters extending seaward to 12 nautical miles from the
baselines of the United States determined in accordance with
international law; and
``(5) the term `Federal crime of terrorism' means an
offense that--
``(A) is calculated to influence or affect the
conduct of government by intimidation or coercion, or
to retaliate against government conduct; and
``(B) is a violation of--
``(i) section 32 (relating to destruction
of aircraft or aircraft facilities), 37
(relating to violence at international
airports), 81 (relating to arson within special
maritime and territorial jurisdiction), 175
(relating to biological weapons), 351 (relating
to congressional, cabinet, and Supreme Court
assassination, kidnapping, and assault), 831
(relating to nuclear weapons), 842(m) or (n)
(relating to plastic explosives), 844(e)
(relating to certain bombings), 844(f) or (i)
(relating to arson and bombing of certain
property), 956 (relating to conspiracy to
commit violent acts in foreign countries), 1114
(relating to protection of officers and
employees of the United States), 1116 (relating
to murder or manslaughter of foreign officials,
official guests, or internationally protected
persons), 1203 (relating to hostage taking),
1361 (relating to injury of Government
property), 1362 (relating to destruction of
communication lines), 1363 (relating to injury
to buildings or property within special
maritime and territorial jurisdiction of the
United States), 1366 (relating to destruction
of energy facility), 1751 (relating to
Presidential and Presidential staff
assassination, kidnapping, and assault), 2152
(relating to injury of harbor defenses), 2155
(relating to destruction of national defense
materials, premises, or utilities), 2156
(relating to production of defective national
defense materials, premises, or utilities),
2280 (relating to violence against maritime
navigation), 2281 (relating to violence against
maritime fixed platforms), 2332 (relating to
certain homicides and violence outside the
United States), 2332a (relating to use of
weapons of mass destruction), 2332b (relating
to acts of terrorism transcending national
boundaries), 2339A (relating to providing
material support to terrorists), 2339B
(relating to providing material support to
terrorist organizations), or 2340A (relating to
torture) of this title;
``(ii) section 236 (relating to sabotage of
nuclear facilities or fuel) of the Atomic
Energy Act of 1954; or
``(iii) section 46502 (relating to aircraft
piracy), or 60123(b) (relating to destruction
of interstate gas or hazardous liquid pipeline
facility) of title 49.
``(h) Investigative Authority.--In addition to any other
investigatory authority with respect to violations of this title, the
Attorney General shall have primary investigative responsibility for
all Federal crimes of terrorism, and the Secretary of the Treasury
shall assist the Attorney General at the request of the Attorney
General.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the chapter 113B of title 18, United States Code, that relates to
terrorism is amended by inserting after the item relating to section
2332a the following new item:
``2332b. Acts of terrorism transcending national boundaries.''.
(c) Statute of Limitations Amendment.--Section 3286 of title 18,
United States Code, is amended by--
(1) striking ``any offense'' and inserting ``any non-
capital offense'';
(2) striking ``36'' and inserting ``37'';
(3) striking ``2331'' and inserting ``2332'';
(4) striking ``2339'' and inserting ``2332a''; and
(5) inserting ``2332b (acts of terrorism transcending
national boundaries),'' after ``(use of weapons of mass
destruction),''.
(d) Presumptive Detention.--Section 3142(e) of title 18, United
States Code, is amended by inserting ``, 956(a), or 2332b'' after
``section 924(c)''.
(e) Conforming Amendment.--Section 846 of title 18, United States
Code, is amended by striking ``In addition to any other'' and all that
follows through the end of the section.
SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.
(a) In General.--Section 956 of chapter 45 of title 18, United
States Code, is amended to read as follows:
``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or
damage property in a foreign country
``(a)(1) Whoever, within the jurisdiction of the United States,
conspires with one or more other persons, regardless of where such
other person or persons are located, to commit at any place outside the
United States an act that would constitute the offense of murder,
kidnapping, or maiming if committed in the special maritime and
territorial jurisdiction of the United States shall, if any of the
conspirators commits an act within the jurisdiction of the United
States to effect any object of the conspiracy, be punished as provided
in subsection (a)(2).
``(2) The punishment for an offense under subsection (a)(1) of this
section is--
``(A) imprisonment for any term of years or for life if the
offense is conspiracy to murder or kidnap; and
``(B) imprisonment for not more than 35 years if the
offense is conspiracy to maim.
``(b) Whoever, within the jurisdiction of the United States,
conspires with one or more persons, regardless of where such other
person or persons are located, to damage or destroy specific property
situated within a foreign country and belonging to a foreign government
or to any political subdivision thereof with which the United States is
at peace, or any railroad, canal, bridge, airport, airfield, or other
public utility, public conveyance, or public structure, or any
religious, educational, or cultural property so situated, shall, if any
of the conspirators commits an act within the jurisdiction of the
United States to effect any object of the conspiracy, be imprisoned not
more than 25 years.''.
(b) Clerical Amendment.--The item relating to section 956 in the
table of sections at the beginning of chapter 45 of title 18, United
States Code, is amended to read as follows:
``956. Conspiracy to kill, kidnap, maim, or injure persons or damage
property in a foreign country.''.
SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER
CERTAIN TERRORISM OFFENSES OVERSEAS.
(a) Aircraft Piracy.--Section 46502(b) of title 49, United States
Code, is amended--
(1) in paragraph (1), by striking ``and later found in the
United States'';
(2) so that paragraph (2) reads as follows:
``(2) There is jurisdiction over the offense in paragraph (1) if--
``(A) a national of the United States was aboard the
aircraft;
``(B) an offender is a national of the United States; or
``(C) an offender is afterwards found in the United
States.''; and
(3) by inserting after paragraph (2) the following:
``(3) For purposes of this subsection, the term `national of the
United States' has the meaning prescribed in section 101(a)(22) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b)
of title 18, United States Code, is amended--
(1) by striking ``, if the offender is later found in the
United States,''; and
(2) by inserting at the end the following: ``There is
jurisdiction over an offense under this subsection if a
national of the United States was on board, or would have been
on board, the aircraft; an offender is a national of the United
States; or an offender is afterwards found in the United
States. For purposes of this subsection, the term `national of
the United States' has the meaning prescribed in section
101(a)(22) of the Immigration and Nationality Act.''.
(c) Murder of Foreign Officials and Certain Other Persons.--Section
1116 of title 18, United States Code, is amended--
(1) in subsection (b), by adding at the end the following:
``(7) `National of the United States' has the meaning
prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(d) Protection of Foreign Officials and Certain Other Persons.--
Section 112 of title 18, United States Code, is amended--
(1) in subsection (c), by inserting ```national of the
United States','' before ``and''; and
(2) in subsection (e), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(e) Threats and Extortion Against Foreign Officials and Certain
Other Persons.--Section 878 of title 18, United States Code, is
amended--
(1) in subsection (c), by inserting ```national of the
United States','' before ``and''; and
(2) in subsection (d), by striking the first sentence and
inserting the following: ``If the victim of an offense under
subsection (a) is an internationally protected person outside
the United States, the United States may exercise jurisdiction
over the offense if (1) the victim is a representative,
officer, employee, or agent of the United States, (2) an
offender is a national of the United States, or (3) an offender
is afterwards found in the United States.''.
(f) Kidnapping of Internationally Protected Persons.--Section
1201(e) of title 18, United States Code, is amended--
(1) by striking the first sentence and inserting the
following: ``If the victim of an offense under subsection (a)
is an internationally protected person outside the United
States, the United States may exercise jurisdiction over the
offense if (1) the victim is a representative, officer,
employee, or agent of the United States, (2) an offender is a
national of the United States, or (3) an offender is afterwards
found in the United States.''; and
(2) by adding at the end the following: ``For purposes of
this subsection, the term `national of the United States' has
the meaning prescribed in section 101(a)(22) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(22)).''.
(g) Violence at International Airports.--Section 37(b)(2) of title
18, United States Code, is amended--
(1) by inserting ``(A)'' before ``the offender is later
found in the United States''; and
(2) by inserting ``; or (B) an offender or a victim is a
national of the United States (as defined in section 101(a)(22)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(22)))'' after ``the offender is later found in the
United States''.
(h) Biological Weapons.--Section 178 of title 18, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding the following at the end:
``(5) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)).''.
SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION
STATUTE.
Section 2332a of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``Against a National or Within the
United States'' after ``Offense'';
(B) by inserting ``, without lawful authority''
after ``A person who'';
(C) by inserting ``threatens,'' before ``attempts
or conspires to use, a weapon of mass destruction'';
and
(D) by inserting ``and the results of such use
affect interstate or foreign commerce or, in the case
of a threat, attempt, or conspiracy, would have
affected interstate or foreign commerce'' before the
semicolon at the end of paragraph (2);
(2) in subsection (b)(2)(A), by striking ``section 921''
and inserting ``section 921(a)(4) (other than subparagraphs (B)
and (C))'';
(3) in subsection (b), so that subparagraph (B) of
paragraph (2) reads as follows:
``(B) any weapon that is designed to cause death or
serious bodily injury through the release,
dissemination, or impact of toxic or poisonous
chemicals, or their precursors;'';
(4) by redesignating subsection (b) as subsection (c); and
(5) by inserting after subsection (a) the following new
subsection:
``(b) Offense by National Outside the United States.--Any national
of the United States who, without lawful authority and outside the
United States, uses, or threatens, attempts, or conspires to use, a
weapon of mass destruction shall be imprisoned for any term of years or
for life, and if death results, shall be punished by death, or by
imprisonment for any term of years or for life.''.
SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.
(a) Murder and Destruction of Property.--Section 1956(c)(7)(B)(ii)
of title 18, United States Code, is amended by striking ``or
extortion;'' and inserting ``extortion, murder, or destruction of
property by means of explosive or fire;''.
(b) Specific Offenses.--Section 1956(c)(7)(D) of title 18, United
States Code, is amended--
(1) by inserting after ``an offense under'' the following:
``section 32 (relating to the destruction of aircraft), section
37 (relating to violence at international airports), section
115 (relating to influencing, impeding, or retaliating against
a Federal official by threatening or injuring a family
member),'';
(2) by inserting after ``section 215 (relating to
commissions or gifts for procuring loans),'' the following:
``section 351 (relating to Congressional or Cabinet officer
assassination),'';
(3) by inserting after ``section 793, 794, or 798 (relating
to espionage),'' the following: ``section 831 (relating to
prohibited transactions involving nuclear materials), section
844 (f) or (i) (relating to destruction by explosives or fire
of Government property or property affecting interstate or
foreign commerce),'';
(4) by inserting after ``section 875 (relating to
interstate communications),'' the following: ``section 956
(relating to conspiracy to kill, kidnap, maim, or injure
certain property in a foreign country),'';
(5) by inserting after ``1032 (relating to concealment of
assets from conservator, receiver, or liquidating agent of
financial institution),'' the following: ``section 1111
(relating to murder), section 1114 (relating to protection of
officers and employees of the United States), section 1116
(relating to murder of foreign officials, official guests, or
internationally protected persons),'';
(6) by inserting after ``section 1203 (relating to hostage
taking),'' the following: ``section 1361 (relating to willful
injury of Government property), section 1363 (relating to
destruction of property within the special maritime and
territorial jurisdiction),'';
(7) by inserting after ``section 1708 (theft from the
mail),'' the following: ``section 1751 (relating to
Presidential assassination),'';
(8) by inserting after ``2114 (relating to bank and postal
robbery and theft),'' the following: ``section 2280 (relating
to violence against maritime navigation), section 2281
(relating to violence against maritime fixed platforms),''; and
(9) by striking ``of this title'' and inserting the
following: ``section 2332 (relating to terrorist acts abroad
against United States nationals), section 2332a (relating to
use of weapons of mass destruction), section 2332b (relating to
international terrorist acts transcending national boundaries),
section 2339A (relating to providing material support to
terrorists) of this title, section 46502 of title 49, United
States Code''.
SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.
Section 844(e) of title 18, United States Code, is amended by
striking ``commerce,'' and inserting ``interstate or foreign commerce,
or in or affecting interstate or foreign commerce,''.
SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.
Section 2280(b)(1)(A) of title 18, United States Code, is amended--
(1) in clause (ii), by striking ``and the activity is not
prohibited as a crime by the State in which the activity takes
place''; and
(2) in clause (iii), by striking ``the activity takes place
on a ship flying the flag of a foreign country or outside the
United States,''.
SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.
Section 842(h) of title 18, United States Code, is amended to read
as follows:
``(h) It shall be unlawful for any person to receive, possess,
transport, ship, conceal, store, barter, sell, dispose of, or pledge or
accept as security for a loan, any stolen explosive materials which are
moving as, which are part of, which constitute, or which have been
shipped or transported in, interstate or foreign commerce, either
before or after such materials were stolen, knowing or having
reasonable cause to believe that the explosive materials were
stolen.''.
SEC. 112. STUDY AND RECOMMENDATIONS FOR ASSESSING AND REDUCING THE
THREAT TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE
OF FIREARMS AND AMMUNITION.
(a) The Secretary of the Treasury, in conjunction with the Attorney
General, shall conduct a study and make recommendations concerning--
(1) the extent and nature of the deaths and serious
injuries, in the line of duty during the last decade, for law
enforcement officers, including--
(A) those officers who were feloniously killed or
seriously injured and those that died or were seriously
injured as a result of accidents or other non-felonious
causes; and
(B) those officers feloniously killed or seriously
injured with firearms, those killed or seriously
injured with, separately, handguns firing handgun
caliber ammunition, handguns firing rifle caliber
ammunition, rifles firing rifle caliber ammunition,
rifles firing handgun caliber ammunition and shotguns;
and
(C) those officers feloniously killed or seriously
injured with firearms, and killings or serious injuries
committed with firearms taken by officers' assailants
from officers, and those committed with other officers'
firearms; and
(D) those killed or seriously injured because shots
attributable to projectiles defined as ``armor piercing
ammunition'' under 18, Sec. 921(a)(17)(B) (i) and (ii)
pierced the protective material of bullet resistant
vests and bullet resistant headgear; and
(2) whether current passive defensive strategies, such as
body armor, are adequate to counter the criminal use of
firearms against law officers; and
(3) the calibers of ammunition that are--
(A) sold in the greatest quantities; and
(B) their common uses, according to consultations
with industry, sporting organizations and law
enforcement; and
(C) the calibers commonly used for civilian
defensive or sporting uses that would be affected by
any prohibition on non-law enforcement sales of such
ammunition, if such ammunition is capable of
penetrating minimum level bullet resistant vests; and
(D) recommendations for increase in body armor
capabilities to further protect law enforcement from
threat.
(b) In conducting the study, the Secretary shall consult with other
Federal, State and local officials, non-governmental organizations,
including all national police organizations, national sporting
organizations and national industry associations with expertise in this
area and such other individuals as shall be deemed necessary. Such
study shall be presented to Congress twelve months after the enactment
of this Act and made available to the public, including any data tapes
or data used to form such recommendations.
(c) There are authorized to be appropriated for the study and
recommendations such sums as may be necessary.
TITLE II--INCREASED PENALTIES
SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.
(a) Increased Penalties for Damaging Certain Property.--Section
844(f) of title 18, United States Code, is amended to read as follows:
``(f) Whoever damages or destroys, or attempts to damage or
destroy, by means of fire or an explosive, any personal or real
property in whole or in part owned, possessed, or used by, or leased
to, the United States, or any department or agency thereof, or any
institution or organization receiving Federal financial assistance
shall be fined under this title or imprisoned for not more than 25
years, or both, but--
``(1) if personal injury results to any person other than
the offender, the term of imprisonment shall be not more than
40 years;
``(2) if fire or an explosive is used and its use creates a
substantial risk of serious bodily injury to any person other
than the offender, the term of imprisonment shall not be less
than 20 years; and
``(3) if death results to any person other than the
offender, the offender shall be subject to the death penalty or
imprisonment for any term of years not less than 30, or for
life.''.
(b) Conforming Amendment.--Section 81 of title 18, United States
Code, is amended by striking ``fined under this title or imprisoned not
more than five years, or both'' and inserting ``imprisoned not more
than 25 years or fined the greater of the fine under this title or the
cost of repairing or replacing any property that is damaged or
destroyed, or both''.
(c) Statute of Limitation for Arson Offenses.--
(1) Chapter 213 of title 18, United States Code, is amended
by adding at the end the following:
``Sec. 3295. Arson offenses
``No person shall be prosecuted, tried, or punished for any non-
capital offense under section 81 or subsection (f), (h), or (i) of
section 844 of this title unless the indictment is found or the
information is instituted within 7 years after the date on which the
offense was committed.''.
(2) The table of sections at the beginning of chapter 213
of title 18, United States Code, is amended by adding at the
end the following new item:
``3295. Arson offenses.''.
(3) Section 844(i) of title 18, United States Code, is
amended by striking the last sentence.
SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.
Section 844 of title 18, United States Code, is amended by adding
at the end the following:
``(n) Except as otherwise provided in this section, a person who
conspires to commit any offense defined in this chapter shall be
subject to the same penalties (other than the penalty of death) as
those prescribed for the offense the commission of which was the object
of the conspiracy.''.
SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM
OFFENSES.
(a) Title 18 Offenses.--
(1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A),
115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title
18, United States Code, are each amended by inserting ``or
conspires'' after ``attempts''.
(2) Section 115(b)(2) of title 18, United States Code, is
amended by striking ``or attempted kidnapping'' both places it
appears and inserting ``, attempted kidnapping, or conspiracy
to kidnap''.
(3)(A) Section 115(b)(3) of title 18, United States Code,
is amended by striking ``or attempted murder'' and inserting
``, attempted murder, or conspiracy to murder''.
(B) Section 115(b)(3) of title 18, United States Code, is
amended by striking ``and 1113'' and inserting ``, 1113, and
1117''.
(4) Section 175(a) of title 18, United States Code, is
amended by inserting ``or conspires to do so,'' after ``any
organization to do so,''.
(b) Aircraft Piracy.--
(1) Section 46502(a)(2) of title 49, United States Code, is
amended by inserting ``or conspiring'' after ``attempting''.
(2) Section 46502(b)(1) of title 49, United States Code, is
amended by inserting ``or conspiring to commit'' after
``committing''.
SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT
WILL BE USED TO COMMIT A CRIME OF VIOLENCE.
Section 924(h) of title 18, United States Code, is amended by
striking ``imprisoned not more than 10 years, fined in accordance with
this title, or both.'' and inserting ``subject to the same penalties as
may be imposed under subsection (c) for a first conviction for the use
or carrying of the firearm.''.
SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL
KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF
VIOLENCE.
Section 844 of title 18, United States Code, is amended by adding
at the end the following:
``(o) Whoever knowingly transfers any explosive materials, knowing
or having reasonable cause to believe that such explosive materials
will be used to commit a crime of violence (as defined in section
924(c)(3) of this title) or drug trafficking crime (as defined in
section 924(c)(2) of this title) shall be subject to the same penalties
as may be imposed under subsection (h) for a first conviction for the
use or carrying of the explosive materials.''.
SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.
The United States Sentencing Commission shall forthwith, in
accordance with the procedures set forth in section 21(a) of the
Sentencing Act of 1987, as though the authority under that section had
not expired, amend the sentencing guidelines so that the chapter 3
adjustment relating to international terrorism only applies to Federal
crimes of terrorism, as defined in section 2332b(g) of title 18, United
States Code.
SEC. 207. AMENDMENT OF SENTENCING GUIDELINES TO PROVIDE FOR ENHANCED
PENALTIES FOR A DEFENDANT WHO COMMITS A CRIME WHILE IN
POSSESSION OF A FIREARM WITH A LASER SIGHTING DEVICE.
Not later than May 1, 1997, the United States Sentencing Commission
shall, pursuant to its authority under section 994 of title 28, United
States Code, amend the sentencing guidelines (and, if the Commission
considers it appropriate, the policy statements of the Commission) to
provide that a defendant convicted of a crime shall receive an
appropriate sentence enhancement if, during the crime--
(1) the defendant possessed a firearm equipped with a laser
sighting device; or
(2) the defendant possessed a firearm, and the defendant
(or another person at the scene of the crime who was aiding in
the commission of the crime) possessed a laser sighting device
capable of being readily attached to the firearm.
TITLE III--INVESTIGATIVE TOOLS
SEC. 301. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES
AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE COMPONENTS
INERT, AND IMPOSING CONTROLS OF PRECURSORS OF EXPLOSIVES.
(a) Study.--The Attorney General, in consultation with other
Federal, State and local officials with expertise in this area and such
other individuals as the Attorney General deems appropriate, shall
conduct a study concerning--
(1) the tagging of explosive materials for purposes of
detection and identification;
(2) technology for devices to improve the detection of
explosives materials;
(3) whether common chemicals used to manufacture explosive
materials can be rendered inert and whether it is feasible to
require it; and
(4) whether controls can be imposed on certain precursor
chemicals used to manufacture explosive materials and whether
it is feasible to require it.
(b) Exclusion.--No study undertaken under this section
shall include black or smokeless powder among the explosive
materials considered.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to the
Congress a report that contains the results of the study required by
this section. The Attorney General shall make the report available to
the public.
SEC. 302. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-
RELATED DEFINITIONS.
(a) Definition of ``electronic communication''.--Section 2510(12)
of title 18, United States Code, is amended--
(1) by striking ``or'' at the end of subparagraph (B);
(2) by inserting ``or'' at the end of subparagraph (C); and
(3) by adding a new subparagraph (D), as follows:
``(D) information stored in a communications system
used for the electronic storage and transfer of
funds;''
(b) Definition of ``readily accessible to the general public''.--
Section 2510(16) of title 18, United States Code, is amended--
(1) by inserting ``or'' at the end of subparagraph (D);
(2) by striking ``or'' at the end of subparagraph (E); and
(3) by striking subparagraph (F).
SEC. 303. REQUIREMENT TO PRESERVE RECORD EVIDENCE.
Section 2703 of title 18, United States Code, is amended by adding
at the end the following:
``(f) Requirement to Preserve Evidence.--A provider of wire or
electronic communication services or a remote computing service, upon
the request of a governmental entity, shall take all necessary steps to
preserve records, and other evidence in its possession pending the
issuance of a court order or other process. Such records shall be
retained for a period of 90 days, which period shall be extended for an
additional 90-day period upon a renewed request by the governmental
entity.''.
SEC. 304. DETENTION HEARING.
Section 3142(f) of title 18, United States Code, is amended by
inserting ``(not including any intermediate Saturday, Sunday, or legal
holiday)'' after ``five days'' and after ``three days''.
SEC. 305. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF
COLUMBIA.
The Attorney General is authorized--
(1) to prohibit vehicles from parking or standing on any
street or roadway adjacent to any building in the District of
Columbia which is in whole or in part owned, possessed, used
by, or leased to the Federal Government and used by Federal law
enforcement authorities; and
(2) to prohibit any person or entity from conducting
business on any property immediately adjacent to any such
building.
SEC. 306. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.
(a) Study.--The Attorney General of the United States shall conduct
a study of the extent of thefts from military arsenals (including
National Guard armories) of firearms, explosives, and other materials
that are potentially useful to terrorists.
(b) Report to the Congress.--Within 6 months after the date of the
enactment of this Act, the Attorney General shall submit to the
Congress a report on the study required by subsection (a).
TITLE IV--NUCLEAR MATERIALS
SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.
Section 831 of title 18, United States Code, is amended--
(1) in subsection (a), by striking ``nuclear material''
each place it appears and inserting ``nuclear material or
nuclear byproduct material'';
(2) in subsection (a)(1)(A), by inserting ``or the
environment'' after ``property'';
(3) so that subsection (a)(1)(B) reads as follows:
``(B)(i) circumstances exist which are likely to
cause the death of or serious bodily injury to any
person or substantial damage to property or the
environment; or (ii) such circumstances are represented
to the defendant to exist;'';
(4) in subsection (a)(6), by inserting ``or the
environment'' after ``property'';
(5) so that subsection (c)(2) reads as follows:
``(2) an offender or a victim is a national of the United
States or a United States corporation or other legal entity;'';
(6) in subsection (c)(3), by striking ``at the time of the
offense the nuclear material is in use, storage, or transport,
for peaceful purposes, and'';
(7) by striking ``or'' at the end of subsection (c)(3);
(8) in subsection (c)(4), by striking ``nuclear material
for peaceful purposes'' and inserting ``nuclear material or
nuclear byproduct material'';
(9) by striking the period at the end of subsection (c)(4)
and inserting ``; or'';
(10) by adding at the end of subsection (c) the following:
``(5) the governmental entity under subsection (a)(5) is
the United States or the threat under subsection (a)(6) is
directed at the United States.'';
(11) in subsection (f)(1)(A), by striking ``with an
isotopic concentration not in excess of 80 percent plutonium
238'';
(12) in subsection (f)(1)(C) by inserting ``enriched
uranium, defined as'' before ``uranium'';
(13) in subsection (f), by redesignating paragraphs (2),
(3), and (4) as paragraphs (3), (4), and (5), respectively;
(14) by inserting after subsection (f)(1) the following:
``(2) the term `nuclear byproduct material' means any
material containing any radioactive isotope created through an
irradiation process in the operation of a nuclear reactor or
accelerator;'';
(15) by striking ``and'' at the end of subsection (f)(4),
as redesignated;
(16) by striking the period at the end of subsection
(f)(5), as redesignated, and inserting a semicolon; and
(17) by adding at the end of subsection (f) the following:
``(6) the term `national of the United States' has the
meaning prescribed in section 101(a)(22) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(22)); and
``(7) the term `United States corporation or other legal
entity' means any corporation or other entity organized under
the laws of the United States or any State, district,
commonwealth, territory or possession of the United States.''.
TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES
SEC. 501. DEFINITIONS.
Section 841 of title 18, United States Code, is amended by adding
at the end the following:
``(o) `Convention on the Marking of Plastic Explosives'
means the Convention on the Marking of Plastic Explosives for
the Purpose of Detection, Done at Montreal on 1 March 1991.
``(p) `Detection agent' means any one of the substances
specified in this subsection when introduced into a plastic
explosive or formulated in such explosive as a part of the
manufacturing process in such a manner as to achieve
homogeneous distribution in the finished explosive, including--
``(1) Ethylene glycol dinitrate (EGDN),
C2H4(NO3)2, molecular weight 152,
when the minimum concentration in the finished
explosive is 0.2 percent by mass;
``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB),
C6H12(NO2)2, molecular weight 176,
when the minimum concentration in the finished
explosive is 0.1 percent by mass;
``(3) Para-Mononitrotoluene (p-MNT),
C7H7NO2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass;
``(4) Ortho-Mononitrotoluene (o-MNT),
C7H7NO2, molecular weight 137, when the
minimum concentration in the finished explosive is 0.5
percent by mass; and
``(5) any other substance in the concentration
specified by the Secretary, after consultation with the
Secretary of State and the Secretary of Defense, which
has been added to the table in part 2 of the Technical
Annex to the Convention on the Marking of Plastic
Explosives.
``(q) `Plastic explosive' means an explosive material in
flexible or elastic sheet form formulated with one or more high
explosives which in their pure form have a vapor pressure less
than 10-4 Pa at a temperature of 25 deg.C., is formulated
with a binder material, and is as a mixture malleable or
flexible at normal room temperature.''.
SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.
Section 842 of title 18, United States Code, is amended by adding
at the end the following:
``(l) It shall be unlawful for any person to manufacture any
plastic explosive which does not contain a detection agent.
``(m)(1) it shall be unlawful for any person to import or bring
into the United States, or export from the United States, any plastic
explosive which does not contain a detection agent.
``(2) Until the 15-year period that begins with the date of entry
into force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the importation or bringing into the United States, or the
exportation from the United States, of any plastic explosive which was
imported, brought into, or manufactured in the United States before the
effective date of this subsection by or on behalf of any agency of the
United States performing military or police functions (including any
military Reserve component) or by or on behalf of the National Guard of
any State.
``(n)(1) It shall be unlawful for any person to ship, transport,
transfer, receive, or possess any plastic explosive which does not
contain a detection agent.
``(2)(A) During the 3-year period that begins on the effective date
of this subsection, paragraph (1) shall not apply to the shipment,
transportation, transfer, receipt, or possession of any plastic
explosive, which was imported, brought into, or manufactured in the
United States before such effective date by any person.
``(B) Until the 15-year period that begins on the date of entry
into force of the Convention on the Marking of Plastic Explosives with
respect to the United States has expired, paragraph (1) shall not apply
to the shipment, transportation, transfer, receipt, or possession of
any plastic explosive, which was imported, brought into, or
manufactured in the United States before the effective date of this
subsection by or on behalf of any agency of the United States
performing a military or police function (including any military
reserve component) or by or on behalf of the National Guard of any
State.
``(o) It shall be unlawful for any person, other than an agency of
the United States (including any military reserve component) or the
National Guard of any State, possessing any plastic explosive on the
effective date of this subsection, to fail to report to the Secretary
within 120 days after the effective date of this subsection the
quantity of such explosives possessed, the manufacturer or importer,
any marks of identification on such explosives, and such other
information as the Secretary may by regulations prescribe.''.
SEC. 503. CRIMINAL SANCTIONS.
Section 844(a) of title 18, United States Code, is amended to read
as follows:
``(a) Any person who violates subsections (a) through (i) or (l)
through (o) of section 842 of this title shall be fined under this
title, imprisoned not more than 10 years, or both.''.
SEC. 504. EXCEPTIONS.
Section 845 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``(l), (m), (n), or (o)
of section 842 and subsections'' after ``subsections'';
(2) in subsection (a)(1), by inserting ``and which pertains
to safety'' before the semicolon; and
(3) by adding at the end the following:
``(c) It is an affirmative defense against any proceeding involving
subsection (l), (m), (n), or (o) of section 842 of this title if the
proponent proves by a preponderance of the evidence that the plastic
explosive--
``(1) consisted of a small amount of plastic explosive
intended for and utilized solely in lawful--
``(A) research, development, or testing of new or
modified explosive materials;
``(B) training in explosives detection or
development or testing of explosives detection
equipment; or
``(C) forensic science purposes; or
``(2) was plastic explosive which, within 3 years after the
effective date of this paragraph, will be or is incorporated in
a military device within the territory of the United States and
remains an integral part of such military device, or is
intended to be, or is incorporated in, and remains an integral
part of a military device that is intended to become, or has
become, the property of any agency of the United States
performing military or police functions (including any military
reserve component) or the National Guard of any State, wherever
such device is located. For purposes of this subsection, the
term `military device' includes shells, bombs, projectiles,
mines, missiles, rockets, shaped charges, grenades,
perforators, and similar devices lawfully manufactured
exclusively for military or police purposes.''.
SEC. 505. EFFECTIVE DATE.
The amendments made by this title shall take effect 1 year after
the date of the enactment of this Act.
TITLE VI--IMMIGRATION-RELATED PROVISIONS
Subtitle A--Removal of Alien Terrorists
PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS
SEC. 601. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.
In addition to amounts otherwise appropriated, there are authorized
to be appropriated for each fiscal year (beginning with fiscal year
1996) $5,000,000 to the Immigration and Naturalization Service for the
purpose of detaining and removing alien terrorists.
PART 2--EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS
SEC. 611. DENIAL OF ASYLUM TO ALIEN TERRORISTS.
(a) In General.--Section 208(a) of the Immigration and Nationality
Act (8 U.S.C. 1158(a)) is amended by adding at the end the following:
``The Attorney General may not grant an alien asylum if the Attorney
General determines that the alien is excludable under subclause (I),
(II), or (III) of section 212(a)(3)(B)(i) or deportable under section
241(a)(4)(B).''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the date of the enactment of this Act and apply to
asylum determinations made on or after such date.
SEC. 612. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.
(a) Withholding of Deportation.--Section 243(h)(2) of the
Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (D), an alien who is described in section 241(a)(4)(B)
shall be considered to be an alien for whom there are reasonable
grounds for regarding as a danger to the security of the United
States.''.
(b) Suspension of Deportation.--Section 244(a) of such Act (8
U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and
inserting ``subparagraph (B) or (D) of section 241(a)(4)''.
(c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C.
1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or''
after ``who is deportable''.
(d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C.
1255(c)) is amended--
(1) by striking ``or'' before ``(5)'', and
(2) by inserting before the period at the end the
following: ``, or (6) an alien who is deportable under section
241(a)(4)(B)''.
(e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is
amended by inserting ``and is not deportable under section
241(a)(4)(B)'' after ``ineligible to citizenship''.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act and shall apply to
applications filed before, on, or after such date if final action has
not been taken on them before such date.
Subtitle B--Expedited Exclusion
SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.
(a) In General.--Subsection (b) of section 235 of the Immigration
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
``(b)(1)(A) If the examining immigration officer determines that an
alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or
212(a)(7), and
``(ii) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States
without further hearing or review.
``(B) The examining immigration officer shall refer for an
interview by an asylum officer under subparagraph (C) any alien who is
excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an
intention to apply for asylum under section 208 or a fear of
persecution.
``(C)(i) An asylum officer shall promptly conduct interviews of
aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the interview that
an alien has a credible fear of persecution (as defined in clause (v)),
the alien shall be detained for an asylum hearing before an asylum
officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer determines
that the alien does not have a credible fear of persecution, the
officer shall order the alien excluded from the United States without
further hearing or review.
``(II) The Attorney General shall promulgate regulations to provide
for the immediate review by a supervisory asylum office at the port of
entry of a determination under subclause (I).
``(iv) The Attorney General shall provide information concerning
the asylum interview described in this subparagraph to aliens who may
be eligible. An alien who is eligible for such interview may consult
with a person or persons of the alien's choosing prior to the interview
or any review thereof, according to regulations prescribed by the
Attorney General. Such consultation shall be at no expense to the
Government and shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible fear of
persecution' means (I) that it is more probable than not that the
statements made by the alien in support of the alien's claim are true,
and (II) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer, that
the alien could establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer' means an
immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the condition
in clause (i).
``(E)(i) An exclusion order entered in accordance with subparagraph
(A) is not subject to administrative appeal, except that the Attorney
General shall provide by regulation for prompt review of such an order
against an alien who claims under oath, or as permitted under penalty
of perjury under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such claim under
such conditions, to have been lawfully admitted for permanent
residence.
``(ii) In any action brought against an alien under section 275(a)
or section 276, the court shall not have jurisdiction to hear any claim
attacking the validity of an order of exclusion entered under
subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the examining
immigration officer determines that an alien seeking entry is not
clearly and beyond a doubt entitled to enter, the alien shall be
detained for a hearing before a special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section 273(d)
exist.
``(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge shall operate to
take the alien whose privilege to enter is so challenged, before a
special inquiry officer for a hearing on exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(1),
deportation'', and
(2) in the first sentence of paragraph (2), by striking
``If'' and inserting ``Subject to section 235(b)(1), if''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 90
days after the date of the enactment of this Act.
SEC. 622. JUDICIAL REVIEW.
(a) Preclusion of Judicial Review.--Section 106 of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to review
any individual determination, or to entertain any other cause or claim,
arising from or relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim, or the
party or parties bringing the action, no court shall have jurisdiction
or authority to enter declaratory, injunctive, or other equitable
relief not specifically authorized in this subsection nor to certify a
class under Rule 23 of the Federal Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be available in
habeas corpus proceedings, and shall be limited to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that the petitioner's claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially excluded
under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a preponderance
of the evidence that the petitioner is an alien lawfully
admitted for permanent residence and is entitled to such review
as is provided by the Attorney General pursuant to section
235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien was not
ordered specially excluded, or was not properly subject to special
exclusion under the regulations adopted by the Attorney General, the
court may order no relief beyond requiring that the alien receive a
hearing in accordance with section 236, or a determination in
accordance with section 235(c) or 273(d).
``(4) In determining whether an alien has been ordered specially
excluded, the court's inquiry shall be limited to whether such an order
was in fact issued and whether it relates to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such Act (8
U.S.C. 1225) is amended by adding at the end the following new
subsection:
``(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275 or section
276, no court shall have jurisdiction to hear claims collaterally
attacking the validity of orders of exclusion, special exclusion, or
deportation entered under this section or sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106 in the
table of contents of such Act is amended to read as follows:
``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.
SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.
(a) In General.--Section 241 of the Immigration and Nationality Act
(8 U.S.C. 1251) is amended by adding at the end the following new
subsection:
``(d) Notwithstanding any other provision of this title, an alien
found in the United States who has not been admitted to the United
States after inspection in accordance with section 235 is deemed for
purposes of this Act to be seeking entry and admission to the United
States and shall be subject to examination and exclusion by the
Attorney General under chapter 4. In the case of such an alien the
Attorney General shall provide by regulation an opportunity for the
alien to establish that the alien was so admitted.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than 90
days after the date of the enactment of this Act.
Subtitle C--Improved Information and Processing
PART 1--IMMIGRATION PROCEDURES
SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.
(a) Legalization Program.--Section 245A(c)(5) of the Immigration
and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--
(1) by inserting ``(i)'' after ``except that the Attorney
General'', and
(2) by inserting after ``title 13, United States Code'' the
following: ``and (ii) may authorize an application to a Federal
court of competent jurisdiction for, and a judge of such court
may grant, an order authorizing disclosure of information
contained in the application of the alien to be used--
``(I) for identification of the alien when there is
reason to believe that the alien has been killed or
severely incapacitated; or
``(II) for criminal law enforcement purposes
against the alien whose application is to be disclosed
if the alleged criminal activity occurred after the
legalization application was filed and such activity
involves terrorist activity or poses either an
immediate risk to life or to national security, or
would be prosecutable as an aggravated felony, but
without regard to the length of sentence that could be
imposed on the applicant''.
(b) Special Agricultural Worker Program.--Section 210(b) of such
Act (8 U.S.C. 1160(b)) is amended--
(1) in paragraph (5), by inserting ``, except as allowed by
a court order issued pursuant to paragraph (6)'' after
``consent of the alien'', and
(2) in paragraph (6), by inserting after subparagraph (C)
the following:
``Notwithstanding the previous sentence, the Attorney General
may authorize an application to a Federal court of competent
jurisdiction for, and a judge of such court may grant, an order
authorizing disclosure of information contained in the
application of the alien to be used (i) for identification of
the alien when there is reason to believe that the alien has
been killed or severely incapacitated, or (ii) for criminal law
enforcement purposes against the alien whose application is to
be disclosed if the alleged criminal activity occurred after
the special agricultural worker application was filed and such
activity involves terrorist activity or poses either an
immediate risk to life or to national security, or would be
prosecutable as an aggravated felony, but without regard to the
length of sentence that could be imposed on the applicant.''.
SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION
FOR VISAS.
Section 212(b) of the Immigration and Nationality Act (8 U.S.C.
1182(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(2) by striking ``If'' and inserting ``(1) Subject to
paragraph (2), if''; and
(3) by adding at the end the following new paragraph:
``(2) With respect to applications for visas, the Secretary of
State may waive the application of paragraph (1) in the case of a
particular alien or any class or classes of aliens excludable under
subsection (a)(2) or (a)(3).''.
PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES
SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.
Section 982 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting after paragraph (5) the
following new paragraph:
``(6) The court, in imposing sentence on a person convicted of a
violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544,
or 1546 of this title, or a violation of, or conspiracy to violate,
section 1028 of this title if committed in connection with passport or
visa issuance or use, shall order that the person forfeit to the United
States any property, real or personal, which the person used, or
intended to be used, in committing, or facilitating the commission of,
the violation, and any property constituting, or derived from, or
traceable to, any proceeds the person obtained, directly or indirectly,
as a result of such violation.''; and
(2) in subsection (b)(1)(B), by inserting ``or (a)(6)''
after ``(a)(2)''.
SEC. 642. SUBPOENAS FOR BANK RECORDS.
Section 986(a) of title 18, United States Code, is amended by
inserting ``1028, 1541, 1542, 1543, 1544, 1546,'' before ``1956''.
SEC. 643. EFFECTIVE DATE.
The amendments made by this subtitle shall take effect on the first
day of the first month that begins more than 90 days after the date of
the enactment of this Act.
Subtitle D--Employee Verification by Security Services Companies
SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO REQUEST ADDITIONAL
DOCUMENTATION.
(a) In General.--Section 274B(a)(6) of the Immigration and
Nationality Act (8 U.S.C. 1324b(a)(6)) is amended--
(1) by striking ``For purposes'' and inserting ``(A) Except
as provided in subparagraph (B), for purposes'', and
(2) by adding at the end the following new subparagraph:
``(B) Subparagraph (A) shall not apply to a request made in
connection with an individual seeking employment in a company
(or division of a company) engaged in the business of providing
security services to protect persons, institutions, buildings,
or other possible targets of international terrorism (as
defined in section 2331(1) of title 18, United States Code).''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to requests for documents made on or after the date of the
enactment of this Act with respect to individuals who are or were hired
before, on, or after the date of the enactment of this Act.
Subtitle E--Criminal Alien Deportation Improvements
SEC. 661. SHORT TITLE.
This subtitle may be cited as the ``Criminal Alien Deportation
Improvements Act of 1995''.
SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) In General.--Section 101(a)(43) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of
the Immigration and Nationality Technical Corrections Act of 1994
(Public Law 103-416), is amended--
(1) in subparagraph (J), by inserting ``, or an offense
described in section 1084 (if it is a second or subsequent
offense) or 1955 of that title (relating to gambling
offenses),'' after ``corrupt organizations)'';
(2) in subparagraph (K)--
(A) by striking ``or'' at the end of clause (i),
(B) by redesignating clause (ii) as clause (iii),
and
(C) by inserting after clause (i) the following new
clause:
``(ii) is described in section 2421, 2422,
or 2423 of title 18, United States Code
(relating to transportation for the purpose of
prostitution) for commercial advantage; or'';
(3) by amending subparagraph (N) to read as follows:
``(N) an offense described in paragraph (1)(A) or
(2) of section 274(a) (relating to alien smuggling) for
which the term of imprisonment imposed (regardless of
any suspension of imprisonment) is at least 5 years;'';
(4) by amending subparagraph (O) to read as follows:
``(O) an offense (i) which either is falsely
making, forging, counterfeiting, mutilating, or
altering a passport or instrument in violation of
section 1543 of title 18, United States Code, or is
described in section 1546(a) of such title (relating to
document fraud) and (ii) for which the term of
imprisonment imposed (regardless of any suspension of
such imprisonment) is at least 18 months;''
(5) in subparagraph (P), by striking ``15 years'' and
inserting ``5 years'', and by striking ``and'' at the end;
(6) by redesignating subparagraphs (O), (P), and (Q) as
subparagraphs (P), (Q), and (U), respectively;
(7) by inserting after subparagraph (N) the following new
subparagraph:
``(O) an offense described in section 275(a) or 276
committed by an alien who was previously deported on
the basis of a conviction for an offense described in
another subparagraph of this paragraph;''; and
(8) by inserting after subparagraph (Q), as so
redesignated, the following new subparagraphs:
``(R) an offense relating to commercial bribery,
counterfeiting, forgery, or trafficking in vehicles the
identification numbers of which have been altered for
which a sentence of 5 years' imprisonment or more may
be imposed;
``(S) an offense relating to obstruction of
justice, perjury or subornation of perjury, or bribery
of a witness, for which a sentence of 5 years'
imprisonment or more may be imposed;
``(T) an offense relating to a failure to appear
before a court pursuant to a court order to answer to
or dispose of a charge of a felony for which a sentence
of 2 years' imprisonment or more may be imposed; and''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to convictions entered on or after the date of the enactment of
this Act, except that the amendment made by subsection (a)(3) shall
take effect as if included in the enactment of section 222 of the
Immigration and Nationality Technical Corrections Act of 1994.
SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE
NOT PERMANENT RESIDENTS.
(a) Administrative Hearings.--Section 242A(b) of the Immigration
and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a)
of the Violent Crime Control and Law Enforcement Act of 1994 (Public
Law 103-322), is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A) and inserting ``or'', and
(B) by amending subparagraph (B) to read as
follows:
``(B) had permanent resident status on a
conditional basis (as described in section 216) at the
time that proceedings under this section commenced.'';
(2) in paragraph (3), by striking ``30 calendar days'' and
inserting ``14 calendar days'';
(3) in paragraph (4)(B), by striking ``proccedings'' and
inserting ``proceedings'';
(4) in paragraph (4)--
(A) by redesignating subparagraphs (D) and (E) as
subparagraphs (F) and (G), respectively; and
(B) by adding after subparagraph (C) the following
new subparagraphs:
``(D) such proceedings are conducted in, or
translated for the alien into, a language the alien
understands;
``(E) a determination is made for the record at
such proceedings that the individual who appears to
respond in such a proceeding is an alien subject to
such an expedited proceeding under this section and is,
in fact, the alien named in the notice for such
proceeding;''.
(5) by adding at the end the following new paragraph:
``(5) No alien described in this section shall be eligible
for any relief from deportation that the Attorney General may
grant in the Attorney General's discretion.''.
(b) Limit on Judicial Review.--Subsection (d) of section 106 of the
Immigration and Nationality Act (8 U.S.C. 1105a), as added by section
130004(b) of the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322), is amended to read as follows:
``(d) Notwithstanding subsection (c), a petition for review or for
habeas corpus on behalf of an alien described in section 242A(c) may
only challenge whether the alien is in fact an alien described in such
section, and no court shall have jurisdiction to review any other
issue.''.
(c) Presumption of Deportability.--Section 242A of the Immigration
and Nationality Act (8 U.S.C. 1252a) is amended by inserting after
subsection (b) the following new subsection:
``(c) Presumption of Deportability.--An alien convicted of an
aggravated felony shall be conclusively presumed to be deportable from
the United States.''.
(d) Effective Date.--The amendments made by this section shall
apply to all aliens against whom deportation proceedings are initiated
after the date of the enactment of this Act.
SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS
PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.
The last sentence of section 212(c) of the Immigration and
Nationality Act (8 U.S.C. 1182(c)) is amended by striking ``has served
for such felony or felonies'' and all that follows through the period
and inserting ``has been sentenced for such felony or felonies to a
term of imprisonment of at least 5 years, if the time for appealing
such conviction or sentence has expired and the sentence has become
final.''.
SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION
ORDER.
(a) In General.--Section 276 of the Immigration and Nationality Act
(8 U.S.C. 1326) is amended by adding at the end the following new
subsection:
``(c) In a criminal proceeding under this section, an alien may not
challenge the validity of the deportation order described in subsection
(a)(1) or subsection (b) unless the alien demonstrates that--
``(1) the alien exhausted any administrative remedies that
may have been available to seek relief against the order;
``(2) the deportation proceedings at which the order was
issued improperly deprived the alien of the opportunity for
judicial review; and
``(3) the entry of the order was fundamentally unfair.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to criminal proceedings initiated after the date of the enactment
of this Act.
SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.
Section 130002(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) is amended to read as follows:
``(a) Operation and Purpose.--The Commissioner of Immigration and
Naturalization shall, under the authority of section 242(a)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a
criminal alien identification system. The criminal alien identification
system shall be used to assist Federal, State, and local law
enforcement agencies in identifying and locating aliens who may be
subject to deportation by reason of their conviction of aggravated
felonies.''.
SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-
PREDICATE OFFENSES.
Section 1961(1) of title 18, United States Code, is amended--
(1) by inserting ``section 1028 (relating to fraud and
related activity in connection with identification documents)
if the act indictable under section 1028 was committed for the
purpose of financial gain,'' before ``section 1029'';
(2) by inserting ``section 1542 (relating to false
statement in application and use of passport) if the act
indictable under section 1542 was committed for the purpose of
financial gain, section 1543 (relating to forgery or false use
of passport) if the act indictable under section 1543 was
committed for the purpose of financial gain, section 1544
(relating to misuse of passport) if the act indictable under
section 1544 was committed for the purpose of financial gain,
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) if the act indictable under section 1546
was committed for the purpose of financial gain, sections 1581-
1588 (relating to peonage and slavery),'' after ``section 1513
(relating to retaliating against a witness, victim, or an
informant),'';
(3) by striking ``or'' before ``(E)''; and
(4) by inserting before the period at the end the
following: ``, or (F) any act which is indictable under the
Immigration and Nationality Act, section 274 (relating to
bringing in and harboring certain aliens), section 277
(relating to aiding or assisting certain aliens to enter the
United States), or section 278 (relating to importation of
alien for immoral purpose) if the act indictable under such
section of such Act was committed for the purpose of financial
gain''.
SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.
Section 2516(1) of title 18, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (n),
(2) by redesignating paragraph (o) as paragraph (p), and
(3) by inserting after paragraph (n) the following new
paragraph:
``(o) a felony violation of section 1028 (relating to
production of false identification documents), section 1542
(relating to false statements in passport applications),
section 1546 (relating to fraud and misuse of visas, permits,
and other documents) of this title or a violation of section
274, 277, or 278 of the Immigration and Nationality Act
(relating to the smuggling of aliens); or''.
SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL
TURPITUDE.
(a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and
Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as
follows:
``(II) is convicted of a crime for
which a sentence of one year or longer
may be imposed,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to aliens against whom deportation proceedings are initiated
after the date of the enactment of this Act.
SEC. 670. MISCELLANEOUS PROVISIONS.
(a) Use of Electronic and Telephonic Media in Deportation
Hearings.--The second sentence of section 242(b) of the Immigration and
Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the
period the following: ``; except that nothing in this subsection shall
preclude the Attorney General from authorizing proceedings by
electronic or telephonic media (with the consent of the alien) or,
where waived or agreed to by the parties, in the absence of the
alien''.
(b) Codification.--
(1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is
amended by adding at the end the following: ``Nothing in this
subsection shall be construed to create any substantive or
procedural right or benefit that is legally enforceable by any
party against the United States or its agencies or officers or
any other person.''.
(2) Section 225 of the Immigration and Nationality
Technical Corrections Act of 1994 (Public Law 103-416) is
amended by striking ``and nothing in'' and all that follows
through ``1252(i))''.
(3) The amendments made by this subsection shall take
effect as if included in the enactment of the Immigration and
Nationality Technical Corrections Act of 1994 (Public Law 103-
416).
SEC. 671. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this Act shall be construed to create any
substantive or procedural right or benefit that is legally enforceable
by any party against the United States or its agencies or officers or
any other person.
SEC. 672. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.
(a) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State and the Attorney
General shall submit to the Congress a report that describes the use
and effectiveness of the Prisoner Transfer Treaty with Mexico (in this
section referred to as the ``Treaty'') to remove from the United States
aliens who have been convicted of crimes in the United States.
(b) Use of Treaty.--The report under subsection (a) shall include
the following information:
(1) The number of aliens convicted of a criminal offense in
the United States since November 30, 1977, who would have been
or are eligible for transfer pursuant to the Treaty.
(2) The number of aliens described in paragraph (1) who
have been transferred pursuant to the Treaty.
(3) The number of aliens described in paragraph (2) who
have been incarcerated in full compliance with the Treaty.
(4) The number of aliens who are incarcerated in a penal
institution in the United States who are eligible for transfer
pursuant to the Treaty.
(5) The number of aliens described in paragraph (4) who are
incarcerated in State and local penal institutions.
(c) Effectiveness of Treaty.--The report under subsection (a) shall
include the recommendations of the Secretary of State and the Attorney
General to increase the effectiveness and use of, and full compliance
with, the Treaty. In considering the recommendations under this
subsection, the Secretary and the Attorney General shall consult with
such State and local officials in areas disproportionately impacted by
aliens convicted of criminal offenses as the Secretary and the Attorney
General consider appropriate. Such recommendations shall address the
following areas:
(1) Changes in Federal laws, regulations, and policies
affecting the identification, prosecution, and deportation of
aliens who have committed a criminal offense in the United
States.
(2) Changes in State and local laws, regulations, and
policies affecting the identification, prosecution, and
deportation of aliens who have committed a criminal offense in
the United States.
(3) Changes in the Treaty that may be necessary to increase
the number of aliens convicted of crimes who may be transferred
pursuant to the Treaty.
(4) Methods for preventing the unlawful re-entry into the
United States of aliens who have been convicted of criminal
offenses in the United States and transferred pursuant to the
Treaty.
(5) Any recommendations of appropriate officials of the
Mexican Government on programs to achieve the goals of, and
ensure full compliance with, the Treaty.
(6) An assessment of whether the recommendations under this
subsection require the renegotiation of the Treaty.
(7) The additional funds required to implement each
recommendation under this subsection.
SEC. 673. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS
WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.
(a) Assistance to States.--The Attorney General, in cooperation
with the Commissioner of Immigration and Naturalization and the
Secretary of State, shall designate an office within the Department of
Justice to provide technical and prosecutorial assistance to States and
political subdivisions of States in efforts to bring to justice aliens
who flee prosecution for crimes in the United States.
(b) Report to Congress.--Not later than one year after the date of
the enactment of this Act, the Attorney General shall compile and
submit to the Congress a report which assesses the nature and extent of
the problem of bringing to justice aliens who flee prosecution for
crimes in the United States.
SEC. 674. PRISONER TRANSFER TREATIES.
(a) Negotiation.--Congress advises the President to begin to
negotiate and renegotiate, not later than 90 days after the date of the
enactment of this Act, bilateral prisoner transfer treaties. The focus
of such negotiations shall be to expedite the transfer of aliens
unlawfully in the United States who are incarcerated in United States
prisons, to ensure that a transferred prisoner serves the balance of
the sentence imposed by the United States courts, and to eliminate any
requirement of prisoner consent to such a transfer.
(b) Certification.--The President shall submit to the Congress,
annually, a certification as to whether each prisoner transfer treaty
in force is effective in returning aliens unlawfully in the United
States who have committed offenses for which they are incarcerated in
the United States to their country of nationality for further
incarceration.
SEC. 675. INTERIOR REPATRIATION PROGRAM.
Not later than 180 days after the date of enactment of this Act,
the Attorney General and the Commissioner of Immigration and
Naturalization shall develop and implement a program in which aliens
who previously have illegally entered the United States not less than 3
times and are deported or returned to a country contiguous to the
United States will be returned to locations not less than 500
kilometers from that country's border with the United States.
SEC. 676. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF
SENTENCE OF IMPRISONMENT.
(a) In General.--Section 242(h) of the Immigration and Nationality
Act (8 U.S.C. 1252(h)) is amended to read as follows:
``(h)(1) Except as provided in paragraph (2), an alien sentenced to
imprisonment may not be deported until such imprisonment has been
terminated by the release of the alien from confinement. Parole,
supervised release, probation, or possibility of rearrest or further
confinement in respect of the same offense shall not be a ground for
deferral of deportation.
``(2) The Attorney General is authorized to deport an alien in
accordance with applicable procedures under this Act prior to the
completion of a sentence of imprisonment--
``(A) in the case of an alien in the custody of the
Attorney General, if the Attorney General determines that (i)
the alien is confined pursuant to a final conviction for a
nonviolent offense (other than alien smuggling), and (ii) such
deportation of the alien is appropriate and in the best
interest of the United States; or
``(B) in the case of an alien in the custody of a State (or
a political subdivision of a State), if the chief State
official exercising authority with respect to the incarceration
of the alien determines that (i) the alien is confined pursuant
to a final conviction for a nonviolent offense (other than
alien smuggling), (ii) such deportation is appropriate and in
the best interest of the State, and (iii) submits a written
request to the Attorney General that such alien be so deported.
``(3) Any alien deported pursuant to this subsection shall be
notified of the penalties under the laws of the United States relating
to the reentry of deported aliens, particularly the expanded penalties
for aliens deported under paragraph (2).''.
(b) Reentry of Alien Deported Prior to Completion of Term of
Imprisonment.--Section 276 of the Immigration and Nationality Act (8
U.S.C. 1326) amended by adding at the end the following new subsection:
``(c) Any alien deported pursuant to section 242(h)(2) who enters,
attempts to enter, or is at any time found in, the United States
(unless the Attorney General has expressly consented to such alien's
reentry) shall be incarcerated for the remainder of the sentence of
imprisonment which was pending at the time of deportation without any
reduction for parole or supervised release. Such alien shall be subject
to such other penalties relating to the reentry of deported aliens as
may be available under this section or any other provision of law.''.
SEC. 677. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO
ARREST AND DETAIN CERTAIN ILLEGAL ALIENS.
(a) In General.--Notwithstanding any other provision of law, to the
extent permitted by relevant State and local law, State and local law
enforcement officials are authorized to arrest and detain an individual
who--
(1) is an alien illegally present in the United States and
(2) has previously been convicted of a felony in the United
States and deported or left the United States after such
conviction,
but only after the State or local law enforcement officials obtain
appropriate confirmation from the Immigration and Naturalization
Service of the status of such individual and only for such period of
time as may be required for the Service to take the individual into
Federal custody for purposes of deporting or removing the alien from
the United States.
(b) Cooperation.--The Attorney General shall cooperate with the
States to assure that information in the control of the Attorney
General, including information in the National Crime Information
Center, that would assist State and local law enforcement officials in
carrying out duties under subsection (a) is made available to such
officials.
TITLE VII--AUTHORIZATION AND FUNDING
SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.
The Attorney General may award grants in consultation with the
Federal Emergency Management Agency for the purposes of providing
specialized training or equipment to enhance the capability of
metropolitan fire and emergency service departments to respond to
terrorist attacks. To carry out the purposes of this section, there is
authorized to be appropriated $5,000,000 for fiscal year 1996.
SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE
DETECTION DEVICES AND OTHER COUNTER-TERRORISM TECHNOLOGY.
There is authorized to be appropriated not to exceed $10,000,000
for fiscal years 1996 and 1997 to the President to provide assistance
to foreign countries facing an imminent danger of terrorist attack that
threatens the national interest of the United States or puts United
States nationals at risk--
(1) in obtaining explosive detection devices and other
counter-terrorism technology; and
(2) in conducting research and development projects on such
technology.
SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM
TECHNOLOGIES.
There are authorized to be appropriated not to exceed $10,000,000
to the National Institute of Justice Science and Technology Office--
(1) to develop technologies that can be used to combat
terrorism, including technologies in the areas of--
(A) detection of weapons, explosives, chemicals,
and persons;
(B) tracking;
(C) surveillance;
(D) vulnerability assessment; and
(E) information technologies;
(2) to develop standards to ensure the adequacy of products
produced and compatibility with relevant national systems; and
(3) to identify and assess requirements for technologies to
assist State and local law enforcement in the national program
to combat terrorism.
SEC. 704. SENSE OF CONGRESS.
It is the sense of Congress that, whenever practicable
recipients of any sums authorized to be appropriated by this Act,
should use the money to purchase American-made products.
TITLE VIII--MISCELLANEOUS
SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND
USE OF HIGH EXPLOSIVES.
The Secretary of the Treasury, in consultation with the Federal
Bureau of Investigation, shall conduct a study of State licensing
requirements for the purchase and use of commercial high explosives,
including detonators, detonating cords, dynamite, water gel, emulsion,
blasting agents, and boosters. Not later than 180 days after the date
of the enactment of this Act, the Secretary shall report to Congress
the results of this study, together with any recommendations the
Secretary determines are appropriate.
SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.
(a) Requiring Compensation for Terrorist Crimes.--Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3))
is amended--
(1) by inserting ``crimes involving terrorism,'' before
``driving while intoxicated''; and
(2) by inserting a comma after ``driving while
intoxicated''.
(b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of
Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting
``are outside the United States (if the compensable crime is terrorism,
as defined in section 2331 of title 18, United States Code), or''
before ``are States not having''.
SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph
(6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) not otherwise covered by paragraph (2), in which
money damages are sought against a foreign state for personal
injury or death that was caused by an act of torture,
extrajudicial killing, aircraft sabotage, hostage taking, or
the provision of material support or resources (as defined in
section 2339A of title 18) for such an act if such act or
provision of material support is engaged in by an official,
employee, or agent of such foreign state while acting within
the scope of his or her office, employment, or agency, except
that the court shall decline to hear a claim under this
paragraph--
``(A) if the act occurred in the foreign state
against which the claim has been brought and the
claimant has not afforded the foreign state a
reasonable opportunity to arbitrate the claim in
accordance with accepted international rules of
arbitration;
``(B) if the claimant or victim was not a national
of the United States (as that term is defined in
section 101(a)(22) of the Immigration and Nationality
Act) when the act upon which the claim is based
occurred; or
``(C) if the act occurred in the foreign state
against which the claim has been brought and that state
establishes that procedures and remedies are available
in such state which comport with fundamental fairness
and due process.''; and
(2) by adding at the end the following:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have
the meaning given those terms in section 3 of the Torture
Victim Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
``(3) the term `aircraft sabotage' has the meaning given
that term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation.
``(f) No action shall be maintained under subsection (a)(7) unless
the action is commenced not later than 10 years after the date on which
the cause of action arose. All principles of equitable tolling,
including the period during which the foreign state was immune from
suit, shall apply in calculating this limitation period.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United
States Code, is amended--
(A) by striking the period at the end of paragraph
(6) and inserting ``, or''; and
(B) by adding at the end the following new
paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon which
the claim is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of such
title is amended--
(A) by striking ``or (5)'' and inserting ``(5), or
(7)''; and
(B) by striking ``used for the activity'' and
inserting ``involved in the act''.
(c) Applicability.--The amendments made by this title shall apply
to any cause of action arising before, on, or after the date of the
enactment of this Act.
SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL MATERIAL ON THE
MAKING OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS
DESTRUCTION.
(a) Study.--The Attorney General, in consultation with such other
officials and individuals as the Attorney General deems appropriate,
shall conduct a study concerning--
(1) the extent to which there are available to the public
material in any medium (including print, electronic, or film)
that instructs how to make bombs, other destructive devices,
and weapons of mass destruction;
(2) the extent to which information gained from such
material has been used in incidents of domestic and
international terrorism;
(3) the likelihood that such information may be used in
future incidents of terrorism; and
(4) the application of existing Federal laws to such
material, the need and utility, if any, for additional laws,
and an assessment of the extent to which the First Amendment
protects such material and its private and commercial
distribution.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Attorney General shall submit to the
Congress a report that contains the results of the study required by
this section. The Attorney General shall make the report available to
the public.
SEC. 805. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF
GOVERNMENT EMPLOYEES.
(a) Findings.--Congress finds that--
(1) threats of violence and acts of violence are mounting
against Federal, State, and local government employees and
their families in attempts to stop public servants from
performing their lawful duties;
(2) these acts are a danger to our constitutional form of
government; and
(3) more information is needed as to the extent of the
danger and its nature so that steps can be taken to protect
public servants at all levels of government in the performance
of their duties.
(b) Statistics.--The Attorney General shall acquire data, for the
calendar year 1990 and each succeeding calendar year about crimes and
incidents of threats of violence and acts of violence against Federal,
State, and local government employees in performance of their lawful
duties. Such data shall include--
(1) in the case of crimes against such employees, the
nature of the crime; and
(2) in the case of incidents of threats of violence and
acts of violence, including verbal and implicit threats against
such employees, whether or not criminally punishable, which
deter the employees from the performance of their jobs.
(c) Guidelines.--The Attorney General shall establish guidelines
for the collection of such data, including what constitutes sufficient
evidence of noncriminal incidents required to be reported.
(d) Annual Publishing.--The Attorney General shall publish an
annual summary of the data acquired under this section. Otherwise such
data shall be used only for research and statistical purposes.
(e) Exemption.--The United States Secret Service is not required to
participate in any statistical reporting activity under this section
with respect to any direct or indirect threats made against any
individual for whom the United States Secret Service is authorized to
provide protection.
SEC. 806. VICTIM RESTITUTION ACT OF 1995.
(a) Order of Restitution.--Section 3663 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``may order, in addition to
or, in the case of a misdemeanor, in lieu of
any other penalty authorized by law'' and
inserting ``shall order''; and
(ii) by adding at the end the following:
``The requirement of this paragraph does not
affect the power of the court to impose any
other penalty authorized by law. In the case of
a misdemeanor, the court may impose restitution
in lieu of any other penalty authorized by
law.'';
(B) by adding at the end the following:
``(4) In addition to ordering restitution to the victim of the
offense of which a defendant is convicted, a court may order
restitution to any person who, as shown by a preponderance of evidence,
was harmed physically, emotionally, or pecuniarily, by unlawful conduct
of the defendant during--
``(A) the criminal episode during which the offense
occurred; or
``(B) the course of a scheme, conspiracy, or pattern of
unlawful activity related to the offense.'';
(2) in subsection (b)(1)(B) by striking ``impractical'' and
inserting ``impracticable'';
(3) in subsection (b)(2) by inserting ``emotional or''
after ``resulting in'';
(4) in subsection (b)--
(A) by striking ``and'' at the end of paragraph
(4);
(B) by redesignating paragraph (5) as paragraph
(6); and
(C) by inserting after paragraph (4) the following
new paragraph:
``(5) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses
related to participation in the investigation or prosecution of
the offense or attendance at proceedings related to the
offense; and'';
(5) in subsection (c) by striking ``If the court decides to
order restitution under this section, the'' and inserting
``The'';
(6) by striking subsections (d), (e), (f), (g), and (h);
(7) by redesignating subsection (i) as subsection (m); and
(8) by inserting after subsection (c) the following:
``(d)(1) The court shall order restitution to a victim in the full
amount of the victim's losses as determined by the court and without
consideration of--
``(A) the economic circumstances of the offender; or
``(B) the fact that a victim has received or is entitled to
receive compensation with respect to a loss from insurance or
any other source.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall specify in the restitution order the manner in
which and the schedule according to which the restitution is to be
paid, in consideration of--
``(A) the financial resources and other assets of the
offender;
``(B) projected earnings and other income of the offender;
and
``(C) any financial obligations of the offender, including
obligations to dependents.
``(3) A restitution order may direct the offender to make a single,
lump-sum payment, partial payment at specified intervals, or such in-
kind payments as may be agreeable to the victim and the offender. A
restitution order shall direct the offender to give appropriate notice
to victims and other persons in cases where there are multiple victims
or other persons who may receive restitution, and where the identity of
such victims and other persons can be reasonably determined.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) services rendered to the victim or to a person or
organization other than the victim.
``(e) When the court finds that more than 1 offender has
contributed to the loss of a victim, the court may make each offender
liable for payment of the full amount of restitution or may apportion
liability among the offenders to reflect the level of contribution and
economic circumstances of each offender.
``(f) When the court finds that more than 1 victim has sustained a
loss requiring restitution by an offender, the court shall order full
restitution to each victim but may provide for different payment
schedules to reflect the economic circumstances of each victim.
``(g)(1) If the victim has received or is entitled to receive
compensation with respect to a loss from insurance or any other source,
the court shall order that restitution be paid to the person who
provided or is obligated to provide the compensation, but the
restitution order shall provide that all restitution to victims
required by the order be paid to the victims before any restitution is
paid to such a provider of compensation.
``(2) The issuance of a restitution order shall not affect the
entitlement of a victim to receive compensation with respect to a loss
from insurance or any other source until the payments actually received
by the victim under the restitution order fully compensate the victim
for the loss, at which time a person that has provided compensation to
the victim shall be entitled to receive any payments remaining to be
paid under the restitution order.
``(3) Any amount paid to a victim under an order of restitution
shall be set off against any amount later recovered as compensatory
damages by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by
the law of the State.
``(h) A restitution order shall provide that--
``(1) all fines, penalties, costs, restitution payments and
other forms of transfers of money or property made pursuant to
the sentence of the court shall be made by the offender to an
entity designated by the Director of the Administrative Office
of the United States Courts for accounting and payment by the
entity in accordance with this subsection;
``(2) the entity designated by the Director of the
Administrative Office of the United States Courts shall--
``(A) log all transfers in a manner that tracks the
offender's obligations and the current status in
meeting those obligations, unless, after efforts have
been made to enforce the restitution order and it
appears that compliance cannot be obtained, the court
determines that continued recordkeeping under this
subparagraph would not be useful; and
``(B) notify the court and the interested parties
when an offender is 30 days in arrears in meeting those
obligations; and
``(3) the offender shall advise the entity designated by
the Director of the Administrative Office of the United States
Courts of any change in the offender's address during the term
of the restitution order.
``(i) A restitution order shall constitute a lien against all
property of the offender and may be recorded in any Federal or State
office for the recording of liens against real or personal property.
``(j) Compliance with the schedule of payment and other terms of a
restitution order shall be a condition of any probation, parole, or
other form of release of an offender. If a defendant fails to comply
with a restitution order, the court may revoke probation or a term of
supervised release, modify the term or conditions of probation or a
term of supervised release, hold the defendant in contempt of court,
enter a restraining order or injunction, order the sale of property of
the defendant, accept a performance bond, or take any other action
necessary to obtain compliance with the restitution order. In
determining what action to take, the court shall consider the
defendant's employment status, earning ability, financial resources,
the willfulness in failing to comply with the restitution order, and
any other circumstances that may have a bearing on the defendant's
ability to comply with the restitution order.
``(k) An order of restitution may be enforced--
``(1) by the United States--
``(A) in the manner provided for the collection and
payment of fines in subchapter B of chapter 229 of this
title; or
``(B) in the same manner as a judgment in a civil
action; and
``(2) by a victim named in the order to receive the
restitution, in the same manner as a judgment in a civil
action.
``(l) A victim or the offender may petition the court at any time
to modify a restitution order as appropriate in view of a change in the
economic circumstances of the offender.''.
(b) Procedure for Issuing Order of Restitution.--Section 3664 of
title 18, United States Code, is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (a), (b), (c), and (d);
(3) by amending subsection (a), as redesignated by
paragraph (2), to read as follows:
``(a) The court may order the probation service of the court to
obtain information pertaining to the amount of loss sustained by any
victim as a result of the offense, the financial resources of the
defendant, the financial needs and earning ability of the defendant and
the defendant's dependents, and such other factors as the court deems
appropriate. The probation service of the court shall include the
information collected in the report of presentence investigation or in
a separate report, as the court directs.''; and
(4) by adding at the end thereof the following new
subsection:
``(e) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate or special master for
proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.''.
SEC. 807. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES.
The Director of the Federal Bureau of Investigation is authorized to
support law enforcement training activities in foreign countries for
the purpose of improving the effectiveness of the United States in
investigating and prosecuting transnational offenses.
SEC. 808. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF
CRIME.
(a) In General.--Notwithstanding any provision of the Federal Rules
of Criminal Procedure to the contrary, in order to permit victims of
crime to watch criminal trial proceedings in cases where the venue of
the trial is changed--
(1) out of the State in which the case was initially
brought; and
(2) more than 350 miles from the location in which those
proceedings originally would have taken place;
the courts involved shall, if donations under subsection (b) will
defray the entire cost of doing so, order closed circuit televising of
the proceedings to that location, for viewing by such persons the
courts determine have a compelling interest in doing so and are
otherwise unable to do so by reason of the inconvenience and expense
caused by the change of venue.
(b) No Rebroadcast.--No rebroadcast of the proceedings shall be
made.
(c) Limited Access.--
(1) Generally.--No other person, other than official court
and security personnel, or other persons specifically
designated by the courts, shall be permitted to view the closed
circuit televising of the proceedings.
(2) Exception.--The courts shall not designate a person
under paragraph (1) if the presiding judge at the trial
determines that testimony by that person would be materially
affected if that person heard other testimony at the trial.
(d) Donations.--The Administrative Office of the United States
Courts may accept donations to enable the courts to carry out
subsection (a). No appropriated money shall be used to carry out such
subsection.
(e) Definition.--As used in this section, the term ``State''
includes the District of Columbia and any other possession or territory
of the United States.
SEC. 809. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
1996 through 2000 to the Federal Bureau of Investigation such sums as
are necessary--
(1) to hire additional personnel, and to procure equipment,
to support expanded investigations of domestic and
international terrorism activities;
(2) to establish a Domestic Counterterrorism Center to
coordinate and centralize Federal, State, and local law
enforcement efforts in response to major terrorist incidents,
and as a clearinghouse for all domestic and international
terrorism information and intelligence; and
(3) to cover costs associated with providing law
enforcement coverage of public events offering the potential of
being targeted by domestic or international terrorists.
TITLE IX--HABEAS CORPUS REFORM
SEC. 901. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding
at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a write of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitation period shall
run from the latest of--
``(A) the date on which the judgment became final by the
conclusion of direct review or the expiration of the time for
seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed, if the
applicant was prevented from filing by such State action;
``(C) the date on which the constitutional right asserted
was initially recognized by the Supreme Court, if the right has
been newly recognized by the Supreme Court and made
retroactively applicable to cases on collateral review; or
``(D) the date on which the factual predicate of the claim
or claims presented could have been discovered through the
exercise of due diligence.
``(2) The time during which a properly filed application for State
post-conviction or other collateral review with respect to the
pertinent judgment or claim shall not be counted toward any period of
limitation under this subsection.''.
SEC. 902. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as
follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under section
2255 before a district judge, the final order shall be subject to
review, on appeal, by the court of appeals for the circuit in which the
proceeding is held.
``(b) There shall be no right of appeal from a final order in a
proceeding to test the validity of a warrant to remove to another
district or place for commitment or trial a person charged with a
criminal offense against the United States, or to test the validity of
such person's detention pending removal proceedings.
``(c)(1) Unless a circuit justice or judge issues a certificate of
appealability, an appeal may not be taken to the court of appeals
from--
``(A) the final order in a habeas corpus proceeding in
which the detention complained of arises out of process issued
by a State court; or
``(B) the final order in a proceeding under section 2255.
``(2) A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a
constitutional right.
``(3) The certificate of appealability under paragraph (1) shall
indicate which specific issue or issues satisfy the showing required by
paragraph (2).''.
SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is amended to
read as follows:
``Rule 22. Habeas corpus and section 2255 proceedings
``(a) Application for the Original Writ.--An application for a writ
of habeas corpus shall be made to the appropriate district court. If
application is made to a circuit judge, the application shall be
transferred to the appropriate district court. If an application is
made to or transferred to the district court and denied, renewal of the
application before a circuit judge shall not be permitted. The
applicant may, pursuant to section 2253 of title 28, United States
Code, appeal to the appropriate court of appeals from the order of the
district court denying the writ.
``(b) Certificate of Appealability.--In a habeas corpus proceeding
in which the detention complained of arises out of process issued by a
State court, an appeal by the applicant for the writ may not proceed
unless a district or a circuit judge issues a certificate of
appealability pursuant to section 2253(c) of title 28, United States
Code. If an appeal is taken by the applicant, the district judge who
rendered the judgment shall either issue a certificate of appealability
or state the reasons why such a certificate should not issue. The
certificate or the statement shall be forwarded to the court of appeals
with the notice of appeal and the file of the proceedings in the
district court. If the district judge has denied the certificate, the
applicant for the writ may then request issuance of the certificate by
a circuit judge. If such a request is addressed to the court of
appeals, it shall be deemed addressed to the judges thereof and shall
be considered by a circuit judge or judges as the court deems
appropriate. If no express request for a certificate is filed, the
notice of appeal shall be deemed to constitute a request addressed to
the judges of the court of appeals. If an appeal is taken by a State or
its representative, a certificate of appealability is not required.''.
SEC. 904. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted unless it appears that--
``(A) the applicant has exhausted the remedies available in
the courts of the State; or
``(B)(i) there is an absence of available State corrective
process; or
``(ii) circumstances exist that render such process
ineffective to protect the rights of the applicant.
``(2) An application for a writ of habeas corpus may be denied on
the merits, notwithstanding the failure of the applicant to exhaust the
remedies available in the courts of the State.
``(3) A State shall not be deemed to have waived the exhaustion
requirement or be estopped from reliance upon the requirement unless
the State, through counsel, expressly waives the requirement.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new
subsection:
``(d) An application for a writ of habeas corpus on behalf of a
person in custody pursuant to the judgment of a State court shall not
be granted with respect to any claim that was adjudicated on the merits
in State court proceedings unless the adjudication of the claim--
``(1) resulted in a decision that was contrary to, or
involved an unreasonable application of, clearly established
Federal law, as determined by the Supreme Court of the United
States; or
``(2) resulted in a decision that was based on an
unreasonable determination of the facts in light of the
evidence presented in the State court proceeding.'';
(4) by amending subsection (e), as redesignated by
paragraph (2), to read as follows:
``(e)(1) In a proceeding instituted by an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a
State court, a determination of a factual issue made by a State court
shall be presumed to be correct. The applicant shall have the burden of
rebutting the presumption of correctness by clear and convincing
evidence.
``(2) If the applicant has failed to develop the factual basis of a
claim in State court proceedings, the court shall not hold an
evidentiary hearing on the claim unless the applicant shows that--
``(A) the claim relies on--
``(i) a new rule of constitutional law, made
retroactive to cases on collateral review by the
Supreme Court, that was previously unavailable; or
``(ii) a factual predicate that could not have been
previously discovered through the exercise of due
diligence; and
``(B) the facts underlying the claim would be sufficient to
establish by clear and convincing evidence that but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.''; and
(5) by adding at the end the following new subsections:
``(h) Except as provided in section 408 of the Controlled
Substances Act, in all proceedings brought under this section, and any
subsequent proceedings on review, the court may appoint counsel for an
applicant who is or becomes financially unable to afford counsel,
except as provided by a rule promulgated by the Supreme Court pursuant
to statutory authority. Appointment of counsel under this section shall
be governed by section 3006A of title 18.
``(i) The ineffectiveness or incompetence of counsel during Federal
or State collateral post-conviction proceedings shall not be a ground
for relief in a proceeding arising under section 2254.''.
SEC. 905. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated
paragraphs; and
(2) by adding at the end the following new undesignated
paragraphs:
``A 1-year period of limitation shall apply to a motion under this
section. The limitation period shall run from the latest of--
``(1) the date on which the judgment of conviction becomes
final;
``(2) the date on which the impediment to making a motion
created by governmental action in violation of the Constitution
or laws of the United States is removed, if the movant was
prevented from making a motion by such governmental action;
``(3) the date on which the right asserted was initially
recognized by the Supreme Court, if that right has been newly
recognized by the Supreme Court and made retroactively
applicable to cases on collateral review; or
``(4) the date on which the facts supporting the claim or
claims presented could have been discovered through the
exercise of due diligence.
``Except as provided in section 408 of the Controlled Substances
Act, in all proceedings brought under this section, and any subsequent
proceedings on review, the court may appoint counsel for a movant who
is or becomes financially unable to afford counsel shall be in the
discretion of the court, except as provided by a rule promulgated by
the Supreme Court pursuant to statutory authority. Appointment of
counsel under this section shall be governed by section 3006A of title
18.
``A second or successive motion must be certified as provided in
section 2244 by a panel of the appropriate court of appeals to
contain--
``(1) newly discovered evidence that, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that no reasonable
factfinder would have found the movant guilty of the offense;
or
``(2) a new rule of constitutional law, made retroactive to
cases on collateral review by the Supreme Court, that was
previously unavailable.''.
SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) Conforming Amendment to Section 2244(a).--Section 2244(a) of
title 28, United States Code, is amended by striking ``and the
petition'' and all that follows through ``by such inquiry.'' and
inserting ``, except as provided in section 2255.''.
(b) Limits on Second or Successive Applications.--Section 2244(b)
of title 28, United States Code, is amended to read as follows:
``(b)(1) A claim presented in a second or successive habeas corpus
application under section 2254 that was presented in a prior
application shall be dismissed.
``(2) A claim presented in a second or successive habeas corpus
application under section 2254 that was not presented in a prior
application shall be dismissed unless--
``(A) the applicant shows that the claim relies on a new
rule of constitutional law, made retroactive to cases on
collateral review by the Supreme Court, that was previously
unavailable; or
``(B)(i) the factual predicate for the claim could not have
been discovered previously through the exercise of due
diligence; and
``(ii) the facts underlying the claim, if proven and viewed
in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for
constitutional error, no reasonable factfinder would have found
the applicant guilty of the underlying offense.
``(3)(A) Before a second or successive application permitted by
this section is filed in the district court, the applicant shall move
in the appropriate court of appeals for an order authorizing the
district court to consider the application.
``(B) A motion in the court of appeals for an order authorizing the
district court to consider a second or successive application shall be
determined by a three-judge panel of the court of appeals.
``(C) The court of appeals may authorize the filing of a second or
successive application only if it determines that the application makes
a prima facie showing that the application satisfies the requirements
of this subsection.
``(D) The court of appeals shall grant or deny the authorization to
file a second or successive application not later than 30 days after
the filing of the motion.
``(E) The grant or denial of an authorization by a court of appeals
to file a second or successive application shall not be appealable and
shall not be the subject of a petition for rehearing or for a writ of
certiorari.
``(4) A district court shall dismiss any claim presented in a
second or successive application that the court of appeals has
authorized to be filed unless the applicant shows that the claim
satisfies the requirements of this section.''.
SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.
(a) Addition of Chapter to Title 28, United States Code.--Title 28,
United States Code, is amended by inserting after chapter 153 the
following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule
of court or statute; procedures for
appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized by
State law, a mechanism for the appointment, compensation, and payment
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital
convictions and sentences have been upheld on direct appeal to the
court of last resort in the State or have otherwise become final for
State law purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
``(2) finding, after a hearing if necessary, that the
prisoner rejected the offer of counsel and made the decision
with an understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding
that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254. This
limitation shall not preclude the appointment of different counsel, on
the court's own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2261(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
``(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised of
the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails
to make a substantial showing of the denial of a Federal right
or is denied relief in the district court or at any subsequent
stage of review.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution in the case, unless the court of appeals approves the filing
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court not
later than 180 days after final State court affirmance of the
conviction and sentence on direct review or the expiration of the time
for seeking such review.
``(b) The time requirements established by subsection (a) shall be
tolled--
``(1) from the date that a petition for certiorari is filed
in the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until the
final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days,
if--
``(A) a motion for an extension of time is filed in
the Federal district court that would have jurisdiction
over the case upon the filing of a habeas corpus
application under section 2254; and
``(B) a showing of good cause is made for the
failure to file the habeas corpus application within
the time period established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall only consider a claim or claims that have been
raised and decided on the merits in the State courts, unless the
failure to raise the claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court recognition of a new
Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment, such
claims as could be raised on collateral attack. This chapter shall
apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2261(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in such sections shall be
understood as referring to unitary review under the State procedure.
The reference in section 2262(a) to `an order under section 2261(c)'
shall be understood as referring to the post-trial order under
subsection (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings is
unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the 180-day limitation
period under section 2263 shall be deferred until a transcript is made
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
``(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
``(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in subparagraph
(A), the rendering of a determination of an application for a writ of
habeas corpus if the court issues a written order making a finding, and
stating the reasons for the finding, that the ends of justice that
would be served by allowing the delay outweigh the best interests of
the public and the applicant in a speedy disposition of the
application.
``(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
``(I) Whether the failure to allow the delay would be
likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case,
that, taken as a whole, is not so unusual or so complex as
described in subclause (II), but would otherwise deny the
applicant reasonable time to obtain counsel, would unreasonably
deny the applicant or the government continuity of counsel, or
would deny counsel for the applicant or the government the
reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the answer to
the application, except on the grounds specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court
of appeals shall act on the petition for a writ or mandamus not later
than 30 days after the filing of the petition.
``(5)(A) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the district
courts with the time limitations under this section.
``(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole
or in part, an application brought under this chapter in a capital case
not later than 120 days after the date on which the reply brief is
filed, or if no reply brief is filed, not later than 120 days after the
date on which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not later
than 30 days after the date on which the petition for rehearing is
filed unless a responsive pleading is required, in which case the court
shall decide whether to grant the petition not later than 30 days after
the date on which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of
habeas corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court
of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run from
the date the remand is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
``(5) The Administrative Office of United States Courts shall
submit to Congress an annual report on the compliance by the courts of
appeals with the time limitations under this section.''.
(b) Technical Amendment.--The table of chapters at the beginning of
part VI of title 28, United States Code, is amended by adding after the
item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases.... 2261''.
(c) Effective Date.--Chapter 154 of title 28, United States Code
(as added by subsection (a)) shall apply to cases pending on or after
the date of enactment of this Act.
SEC. 908. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))
is amended by amending paragraph (9) to read as follows:
``(9) Upon a finding that investigative, expert, or other services
are reasonably necessary for the representation of the defendant,
whether in connection with issues relating to guilt or the sentence,
the court may authorize the defendant's attorneys to obtain such
services on behalf of the defendant and, if so authorized, shall order
the payment of fees and expenses therefor under paragraph (10). No ex
parte proceeding, communication, or request may be considered pursuant
to this section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request shall
be transcribed and made a part of the record available for appellate
review.''.
SEC. 909. SEVERABILITY.
If any provision of this title, an amendment made by this title, or
the application of such provision or amendment to any person or
circumstance is held to be unconstitutional, the remainder of this
title, the amendments made by this title, and the application of the
provisions of such to any person or circumstances shall not be affected
thereby.
TITLE X--INTERNATIONAL COUNTERFEITING
SEC. 1001. SHORT TITLE.
This title may be cited as the ``International Counterfeiting
Prevention Act of 1996''.
SEC. 1002. AUDITS OF INTERNATIONAL COUNTERFEITING OF UNITED STATES
CURRENCY.
(a) In General.--The Secretary of the Treasury (hereafter in this
section referred to as the ``Secretary''), in consultation with the
advanced counterfeit deterrence steering committee, shall--
(1) study the use and holding of United States currency in
foreign countries; and
(2) develop useful estimates of the amount of counterfeit
United States currency that circulates outside the United
States each year.
(b) Evaluation Audit Plan.--
(1) In general.--The Secretary shall develop an effective
international evaluation audit plan that is designed to enable
the Secretary to carry out the duties described in subsection
(a) on a regular and thorough basis.
(2) Submission of detailed written summary.--The Secretary
shall submit a detailed written summary of the evaluation audit
plan developed pursuant to paragraph (1) to the Congress before
the end of the 6-month period beginning on the date of the
enactment of this Act.
(3) 1st evaluation audit under plan.--The Secretary shall
begin the first evaluation audit pursuant to the evaluation
audit plan no later than the end of the 1-year period beginning
on the date of the enactment of this Act.
(4) Subsequent evaluation audits.--At least 1 evaluation
audit shall be performed pursuant to the evaluation audit plan
during each 3-year period beginning after the date of the
commencement of the evaluation audit referred to in paragraph
(3).
(c) Reports.--
(1) In general.--The Secretary shall submit a written
report to the Committee on Banking and Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate on the results of each
evaluation audit conducted pursuant to subsection (b) within 90
days after the completion of the evaluation audit.
(2) Contents.--In addition to such other information as the
Secretary may determine to be appropriate, each report
submitted to the Congress pursuant to paragraph (1) shall
include the following information:
(A) A detailed description of the evaluation audit
process and the methods used to develop estimates of
the amount of counterfeit United States currency in
circulation outside the United States.
(B) The method used to determine the currency
sample examined in connection with the evaluation audit
and a statistical analysis of the sample examined.
(C) A list of the regions of the world, types of
financial institutions, and other entities included.
(D) An estimate of the total amount of United
States currency found in each region of the world.
(E) The total amount of counterfeit United States
currency and the total quantity of each counterfeit
denomination found in each region of the world.
(3) Classification of information.--
(A) In general.--To the greatest extent possible,
each report submitted to the Congress under this
subsection shall be submitted in an unclassified form.
(B) Classified and unclassified forms.--If, in the
interest of submitting a complete report under this
subsection, the Secretary determines that it is
necessary to include classified information in the
report, the report shall be submitted in a classified
and an unclassified form.
(d) Sunset Provision.--This section shall cease to be effective as
of the end of the 10-year period beginning on the date of the enactment
of this Act.
(e) Rule of Construction.--No provision of this section shall be
construed as authorizing any entity to conduct investigations of
counterfeit United States currency.
SEC. 1003. LAW ENFORCEMENT AND SENTENCING PROVISIONS RELATING TO
INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY.
(a) Findings.--The Congress hereby finds the following:
(1) United States currency is being counterfeited outside
the United States.
(2) The 103d Congress enacted, with the approval of the
President on September 13, 1994, section 470 of title 18,
United States Code, making such activity a crime under the laws
of the United States.
(3) The expeditious posting of agents of the United States
Secret Service to overseas posts, which is necessary for the
effective enforcement of section 470 and related criminal
provisions, has been delayed.
(4) While section 470 of title 18, United States Code,
provides for a maximum term of imprisonment of 20 years as
opposed to a maximum term of 15 years for domestic
counterfeiting, the United States Sentencing Commission has
failed to provide, in its sentencing guidelines, for an
appropriate enhancement of punishment for defendants convicted
of counterfeiting United States currency outside the United
States.
(b) Timely Consideration of Requests for Concurrence in Creation of
Overseas Posts.--
(1) In general.--The Secretary of State shall--
(A) consider in a timely manner the request by the
Secretary of the Treasury for the placement of such
number of agents of the United States Secret Service as
the Secretary of the Treasury considers appropriate in
posts in overseas embassies; and
(B) reach an agreement with the Secretary of the
Treasury on such posts as soon as possible and, in any
event, not later than December 31, 1996.
(2) Cooperation of treasury required.--The Secretary of the
Treasury shall promptly provide any information requested by
the Secretary of State in connection with such requests.
(3) Reports required.--The Secretary of the Treasury and
the Secretary of State shall each submit, by February 1, 1997,
a written report to the Committee on Banking and Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate explaining
the reasons for the rejection, if any, of any proposed post and
the reasons for the failure, if any, to fill any approved post
by such date.
(c) Enhanced Penalties for International Counterfeiting of United
States Currency.--Pursuant to the authority of the United States
Sentencing Commission under section 994 of title 28, United States
Code, the Commission shall amend the sentencing guidelines prescribed
by the Commission to provide an appropriate enhancement of the
punishment for a defendant convicted under section 470 of title 18 of
such Code.
TITLE XI--BIOLOGICAL WEAPONS RESTRICTIONS
SEC. 1101. SHORT TITLE.
This Act may be cited as the ``Biological Weapons Enhanced
Penalties Act of 1996.''.
SEC. 1102. ATTEMPTS TO ACQUIRE UNDER FALSE PRETENSES.
Section 175(a) of title 18, United States Code, is amended by
inserting ``attempts to acquire under false pretenses, after
``acquires,''.
SEC. 1103. INCLUSION OF RECOMBINANT MOLECULES.
Section 175 of title 18, United States Code, is amended by
inserting ``recombinant molecules,'' after ``toxin,'' each place it
appears.
SEC. 1104. DEFINITIONS.
Section 173 of title 18, United States Code, is amended--
(1) in paragraph (1), by inserting ``or naturally occurring
or bioengineered component of any such microorganism, virus, or
infectious substance,'' after ``infectious substance'';
(2) in paragraph (2)--
(A) by inserting ``the toxic material of plants,
animals, microorganisms, viruses, fungi, or infectious
substances'' after ``means''; and
(B) by inserting ``, and includes'' after
``production'';
(3) in paragraph (4), by inserting ``or a molecule,
including a recombinant molecule,'' after ``organism''.
SEC. 1105. THREATENING USE OF CERTAIN WEAPONS.
Section 2332a of title 18, United States Code, is amended by
inserting ``, threatens,'' after ``uses, or''.
SEC. 1106. INCLUSION OF RECOMBINANT MOLECULES AND BIOLOGICAL ORGANISMS
IN DEFINITION.
Section 2332a(b)(2)(C) of title 18, United States Code, is
amended by striking ``disease organism'' and inserting ``biological
agent or toxin, as those terms are defined in section 178''.
TITLE XII--COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT
SEC. 1201. ESTABLISHMENT.
There is established a commission to be known as the ``Commission
on the Advancement of Federal Law Enforcement'' (in this title referred
to as the ``Commission'').
SEC. 1202. DUTIES.
The Commission shall investigate, ascertain, evaluate, report, and
recommend action to the Congress on the following matters:
(1) In general, the manner in which significant Federal
criminal law enforcement operations are conceived, planned,
coordinated, and executed.
(2) The standards and procedures used by Federal law
enforcement to carry out significant Federal criminal law
enforcement operations, and their uniformity and compatibility
on an interagency basis, including standards related to the use
of deadly force.
(3) The criminal investigation and handling by the United
States Government, and the Federal law enforcement agencies
therewith--
(A) on February 28, 1993, in Waco, Texas, with
regard to the conception, planning, and execution of
search and arrest warrants that resulted in the deaths
of 4 Federal law enforcement officers and 6 civilians;
(B) regarding the efforts to resolve the subsequent
standoff in Waco, Texas, which ended in the deaths of
over 80 civilians on April 19, 1993; and
(C) concerning other Federal criminal law
enforcement cases, at the Commission's discretion,
which have been presented to the courts or to the
executive branch of Government in the last 25 years
that are actions or complaints based upon claims of
abuse of authority, practice, procedure, or violations
of constitutional guarantees, and which may indicate a
pattern or problem of abuse within an enforcement
agency or a sector of the enforcement community.
(4) The necessity for the present number of Federal law
enforcement agencies and units.
(5) The location and efficacy of the office or entity
directly responsible, aside from the President of the United
States, for the coordination on an interagency basis of the
operations, programs, and activities of all of the Federal law
enforcement agencies.
(6) The degree of assistance, training, education, and
other human resource management assets devoted to increasing
professionalism for Federal law enforcement officers.
(7) The independent accountability mechanisms that exist,
if any, and their efficacy to investigate, address, and correct
systemic or gross individual Federal law enforcement abuses.
(8) The extent to which Federal law enforcement agencies
have attempted to pursue community outreach efforts that
provide meaningful input into the shaping and formation of
agency policy, including seeking and working with State and
local law enforcement agencies on Federal criminal enforcement
operations or programs that directly impact a State or local
law enforcement agency's geographic jurisdiction.
(9) Such other related matters as the Commission deems
appropriate.
SEC. 1203. MEMBERSHIP AND ADMINISTRATIVE PROVISIONS.
(a) Number and Appointment.--The Commission shall be composed of 5
members appointed as follows:
(1) 1 member appointed by the President pro tempore of the
Senate.
(2) 1 member appointed by the minority leader of the
Senate.
(3) 1 member appointed by the Speaker of the House of
Representatives.
(4) 1 member appointed by the minority leader of the House
of Representatives.
(5) 1 member (who shall chair the Commission) appointed by
the Chief Justice of the Supreme Court.
(b) Disqualification.--A person who is an officer or employee of
the United States shall not be appointed a member of the Commission.
(c) Terms.--Each member shall be appointed for the life of the
Commission.
(d) Quorum.--3 members of the Commission shall constitute a quorum
but a lesser number may hold hearings.
(e) Meetings.--The Commission shall meet at the call of the Chair
of the Commission.
(f) Compensation.--Each member of the Commission who is not an
officer or employee of the Federal Government shall be compensated at a
rate equal to the daily equivalent of the annual rate of basic pay
prescribed for level IV of the Executive Schedule under section 5315 of
title 5, United States Code, for each day, including travel time,
during which the member is engaged in the performance of the duties of
the Commission.
SEC. 1204. STAFFING AND SUPPORT FUNCTIONS.
(a) Director.--The Commission shall have a director who shall be
appointed by the Chair of the Commission.
(b) Staff.--Subject to rules prescribed by the Commission, the
Director may appoint additional personnel as the Commission considers
appropriate.
(c) Applicability of Certain Civil Service Laws.--The Director and
staff of the Commission shall be appointed subject to the provisions of
title 5, United States Code, governing appointments in the competitive
service, and shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates.
(d) Experts and Consultants.--The Commission may procure temporary
and intermittent services of experts and consultants under section
3109(b) of title 5, United States Code, but at rates for individuals
not to exceed per day the daily equivalent of the maximum annual rate
of basic pay payable for GS-15 of the General Schedule.
SEC. 1205. POWERS.
(a) Hearings and Sessions.--The Commission may, for the purposes of
carrying out this Act, hold hearings, sit and act at times and places,
take testimony, and receive evidence as the Commission considers
appropriate. The Commission may administer oaths or affirmations to
witnesses appearing before it. The Commission may establish rules for
its proceedings.
(b) Powers of Members and Agents.--Any member or agent of the
Commission may, if authorized by the Commission, take any action which
the Commission is authorized to take by this section.
(c) Obtaining Official Data.--The Commission may secure directly
from any department or agency of the United States information
necessary to enable it to carry out this title. Upon request of the
Chair of the Commission, the head of that department or agency shall
furnish that information to the Commission.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this title.
(e) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter under
investigation by the Commission. The attendance of witnesses
and the production of evidence may be required from any place
within the United States at any designated place of hearing
within the United States.
(2) Failure to obey subpoena.--If a person refuses to obey
a subpoena issued under paragraph (1), the Commission may apply
to the United States district court for an order requiring that
person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
(f) Immunity.--The Commission is an agency of the United States for
the purpose of part V of title 18, United States Code (relating to
immunity of witnesses).
SEC. 1206. REPORT.
The Commission shall transmit a report to the Congress and the
public not later than 2 years after a quorum of the Commission has been
appointed. The report shall contain a detailed statement of the
findings and conclusions of the Commission, together with the
Commission's recommendations for such actions as the Commission
considers appropriate.
SEC. 1207. TERMINATION.
The Commission shall terminate 30 days after submitting the report
required by this title.
TITLE XIII--REPRESENTATION FEES
SEC. 1301. REPRESENTATION FEES IN CRIMINAL CASES.
(a) In General.--Section 3006A of title 18, United States Code, is
amended--
(1) in subsection (d)--
(A) by redesignating paragraphs (4), (5) and (6) as
paragraphs (5), (6), and (7), respectively; and
(B) by inserting after paragraph (3) the following:
``(4) Disclosure of fees.--The amounts paid under this
subsection, for representation in any case, shall be made
available to the public.''; and
(2) in subsection (3) by adding at the end of the
following:
``(4) Disclosure of fees.--The amounts paid under this
subsection for services in any case shall be made available to
the public.''.
(b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the
Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as
follows:
``(10)(A) Compensation shall be paid to attorneys appointed under
this subsection at a rate of not less than $75, and not more than $125,
per hour for in-court and out-of-court time, Fees and expenses shall be
paid for investigative, expert, and other reasonably necessary services
authorized under paragraph (9) at the rates and in the amounts
authorized under section 3006A of title 18, United States Code.
``(B) The amounts paid under this paragraph for services in any
case shall be made available to the public.''.
(c) Effective Date.--The amendments made by this section apply to
cases commenced on or after the date of the enactment of this Act.
TITLE XIV--DEATH PENALTY AGGRAVATING FACTOR
SEC. 1401. DEATH PENALTY AGGRAVATING FACTOR.
Section 3592(c) of title 18, United States Code, is amended by
adding after paragraph (15) the following:
``(16) Multiple killings or attempted killings.--The
defendant intentionally kills or attempts to kill more than one
person in a single criminal episode.''.
TITLE XV--FINANCIAL TRANSACTIONS WITH TERRORISTS
SEC. 1501. FINANCIAL TRANSACTIONS WITH TERRORISTS.
(a) In General.--Title 18, United States Code, is amended by
inserting before section 2333 the following:
``Sec. 2332c. Financial transactions
``(a) Except as provided in regulations made by the Secretary of
State, whoever, being a United States person, knowing or having
reasonable cause to know that a country is a country that has been
designated under section 6(j) of the Export Administration Act (50
U.S.C. App. 2405) as a country supporting international terrorism;
engages in a financial transaction with that country, shall be fined
under this title or imprisoned not more than 10 years, or both.
``(b) As used in this section--
``(1) the term `financial transaction' has the meaning
given that term in section 1956(c)(4); and
``(2) the term `United States person' means any United
States citizen or national, permanent resident alien, juridical
person organized under the laws of the United States, or any
person in the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
the chapter of title 18, United States Code, to which the amendment of
subsection (a) was made is amended by inserting before the item
relating to section 2333 the following new item:
``2332c. Financial transactions.''.
Amend the title so as to read: ``An Act to provide for an effective
death penalty and to protect the public safety.''.
Attest:
Clerk.
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