[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 735 Enrolled Bill (ENR)]
S.735
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To deter terrorism, provide justice for victims, provide for an
effective death penalty, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

67984a2444cf7dc62477ad45cb09f1ee3d90903890d4a8581e20726e0998e7e0

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

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The table of contents of this Act is as follows:

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TITLE I

-HABEAS CORPUS REFORM

Subtitle B--Jurisdiction for Lawsuits Against Terrorist States

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TITLE II

-JUSTICE FOR VICTIMS

Subtitle C--Assistance to Victims of Terrorism

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Subtitle A--Prohibition on International Terrorist Fundraising

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Subtitle B--Prohibition on Assistance to Terrorist States

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TITLE III

-INTERNATIONAL TERRORISM PROHIBITIONS

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countries not cooperating fully with United States
antiterrorism efforts.
Subtitle A--Removal of Alien Terrorists

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

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TITLE IV

-TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION

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Subtitle C--Modification to Asylum Procedures

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Subtitle D--Criminal Alien Procedural Improvements

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arrest and detain certain illegal aliens.

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TITLE V

-NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS

armories.
Subtitle B--Biological Weapons Restrictions

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Subtitle C--Chemical Weapons Restrictions

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training and evaluation of personnel who respond to use of
chemical or biological weapons in urban and suburban areas.

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TITLE VI

-IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION

property within special maritime and territorial jurisdiction.

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TITLE VII

-CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM

knowing that it will be used to commit a crime of violence.

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dissemination of bomb-making instructional materials.
Subtitle B--Criminal Procedures

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former officials, officers, or employees of the United States.

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materials.
Subtitle A--Resources and Security

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TITLE VIII

-ASSISTANCE TO LAW ENFORCEMENT

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from the criminal use of firearms and ammunition.

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Subtitle B--Funding Authorizations for Law Enforcement

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devices and other counterterrorism technology.

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

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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).''.

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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.''.

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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.''.

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

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(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.''.

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(a) Addition of Chapter to Title 28, United States Code.--Title 28,
United States Code, is amended by inserting after chapter 153 the
following new chapter:
``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment
``(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b) and
(c) are satisfied.
``(b) This chapter is applicable if a State establishes by statute,
rule of its court of last resort, or by another agency authorized by
State law, a mechanism for the appointment, compensation, and payment
of reasonable litigation expenses of competent counsel in State post-
conviction proceedings brought by indigent prisoners whose capital
convictions and sentences have been upheld on direct appeal to the
court of last resort in the State or have otherwise become final for
State law purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must provide
for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent the prisoner
upon a finding that the prisoner is indigent and accepted the offer
or is unable competently to decide whether to accept or reject the
offer;
``(2) finding, after a hearing if necessary, that the prisoner
rejected the offer of counsel and made the decision with an
understanding of its legal consequences; or
``(3) denying the appointment of counsel upon a finding that
the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have previously
represented the prisoner at trial or on direct appeal in the case for
which the appointment is made unless the prisoner and counsel expressly
request continued representation.
``(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not be a
ground for relief in a proceeding arising under section 2254. This
limitation shall not preclude the appointment of different counsel, on
the court's own motion or at the request of the prisoner, at any phase
of State or Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of record of an
order under section 2261(c), a warrant or order setting an execution
date for a State prisoner shall be stayed upon application to any court
that would have jurisdiction over any proceedings filed under section
2254. The application shall recite that the State has invoked the post-
conviction review procedures of this chapter and that the scheduled
execution is subject to stay.
``(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
``(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in section
2263;
``(2) before a court of competent jurisdiction, in the presence
of counsel, unless the prisoner has competently and knowingly
waived such counsel, and after having been advised of the
consequences, a State prisoner under capital sentence waives the
right to pursue habeas corpus review under section 2254; or
``(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails to
make a substantial showing of the denial of a Federal right or is
denied relief in the district court or at any subsequent stage of
review.
``(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay of
execution in the case, unless the court of appeals approves the filing
of a second or successive application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court not
later than 180 days after final State court affirmance of the
conviction and sentence on direct review or the expiration of the time
for seeking such review.
``(b) The time requirements established by subsection (a) shall be
tolled--
``(1) from the date that a petition for certiorari is filed in
the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure review by
the Supreme Court of the affirmance of a capital sentence on direct
review by the court of last resort of the State or other final
State court decision on direct review;
``(2) from the date on which the first petition for post-
conviction review or other collateral relief is filed until the
final State court disposition of such petition; and
``(3) during an additional period not to exceed 30 days, if--
``(A) a motion for an extension of time is filed in the
Federal district court that would have jurisdiction over the
case upon the filing of a habeas corpus application under
section 2254; and
``(B) a showing of good cause is made for the failure to
file the habeas corpus application within the time period
established by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies, the
district court shall only consider a claim or claims that have been
raised and decided on the merits in the State courts, unless the
failure to raise the claim properly is--
``(1) the result of State action in violation of the
Constitution or laws of the United States;
``(2) the result of the Supreme Court's recognition of a new
Federal right that is made retroactively applicable; or
``(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to present
the claim for State or Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment, such
claims as could be raised on collateral attack. This chapter shall
apply, as provided in this section, in relation to a State unitary
review procedure if the State establishes by rule of its court of last
resort or by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel in the
unitary review proceedings, including expenses relating to the
litigation of collateral claims in the proceedings. The rule of court
or statute must provide standards of competency for the appointment of
such counsel.
``(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as provided in
section 2261(c), concerning appointment of counsel or waiver or denial
of appointment of counsel for that purpose. No counsel appointed to
represent the prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for which the
appointment is made unless the prisoner and counsel expressly request
continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a unitary
review procedure that qualifies under this section. References to State
`post-conviction review' and `direct review' in such sections shall be
understood as referring to unitary review under the State procedure.
The reference in section 2262(a) to `an order under section 2261(c)'
shall be understood as referring to the post-trial order under
subsection (b) concerning representation in the unitary review
proceedings, but if a transcript of the trial proceedings is
unavailable at the time of the filing of such an order in the
appropriate State court, then the start of the 180-day limitation
period under section 2263 shall be deferred until a transcript is made
available to the prisoner or counsel of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion under
section 2255 by a person under sentence of death, shall be given
priority by the district court and by the court of appeals over all
noncapital matters.
``(b)(1)(A) A district court shall render a final determination and
enter a final judgment on any application for a writ of habeas corpus
brought under this chapter in a capital case not later than 180 days
after the date on which the application is filed.
``(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in subparagraph
(A), the rendering of a determination of an application for a writ of
habeas corpus if the court issues a written order making a finding, and
stating the reasons for the finding, that the ends of justice that
would be served by allowing the delay outweigh the best interests of
the public and the applicant in a speedy disposition of the
application.
``(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
``(I) Whether the failure to allow the delay would be likely to
result in a miscarriage of justice.
``(II) Whether the case is so unusual or so complex, due to the
number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
``(III) Whether the failure to allow a delay in a case that,
taken as a whole, is not so unusual or so complex as described in
subclause (II), but would otherwise deny the applicant reasonable
time to obtain counsel, would unreasonably deny the applicant or
the government continuity of counsel, or would deny counsel for the
applicant or the government the reasonable time necessary for
effective preparation, taking into account the exercise of due
diligence.
``(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the United
States Courts for inclusion in the report under paragraph (5).
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of habeas
corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the limitation
period shall run from the date the remand is ordered.
``(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the answer to
the application, except on the grounds specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
petitioning for a writ of mandamus to the court of appeals. The court
of appeals shall act on the petition for a writ of mandamus not later
than 30 days after the filing of the petition.
``(5)(A) The Administrative Office of the United States Courts
shall submit to Congress an annual report on the compliance by the
district courts with the time limitations under this section.
``(B) The report described in subparagraph (A) shall include copies
of the orders submitted by the district courts under paragraph
(1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in whole
or in part, an application brought under this chapter in a capital case
not later than 120 days after the date on which the reply brief is
filed, or if no reply brief is filed, not later than 120 days after the
date on which the answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not later
than 30 days after the date on which the petition for rehearing is
filed unless a responsive pleading is required, in which case the court
shall decide whether to grant the petition not later than 30 days after
the date on which the responsive pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is granted,
the court of appeals shall hear and render a final determination of the
appeal not later than 120 days after the date on which the order
granting rehearing or rehearing en banc is entered.
``(2) The time limitations under paragraph (1) shall apply to--
``(A) an initial application for a writ of habeas corpus;
``(B) any second or successive application for a writ of habeas
corpus; and
``(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court of
appeals en banc or the Supreme Court for further proceedings, in
which case the limitation period shall run from the date the remand
is ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which the
applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting relief
from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this section by
applying for a writ of mandamus to the Supreme Court.
``(5) The Administrative Office of the United States Courts shall
submit to Congress an annual report on the compliance by the courts of
appeals with the time limitations under this section.''.
(b) Technical Amendment.--The part analysis for part IV of title
28, United States Code, is amended by adding after the item relating to
chapter 153 the following new item:
``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.

be0a4fc62baf02645ec46206fa7f7a9e8e23ddd179d83358d837a1a79b5bc149

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.''.
Subtitle A--Mandatory Victim Restitution

5b4eb7601d0b3374c2b6c2630a806317257a2e7ee9df356aedd9bc924d3bc342

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

9ecfce98b3bc91d02af6e7261e827135bd027e8d366498857ce2a301a726cf45

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

5c3abfc7a002ee01cae9704d9c6bb946fc87ed6b8b23c7e62b0374e40224c8f4

orders of restitution under this section.''.

7bdda7b468f2571a108f2425ab222b76b49ca6d74c1d81f5988a071afef7ee35

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

10f67c0ec1666ebbbf7030ead00ded48cf00a670a060da1301ef0fe94924c828

(a) In General.--Chapter 232 of title 18, United States Code, is
amended by inserting immediately after section 3663 the following new
section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
``(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in subsection
(c), the court shall order, in addition to, or in the case of a
misdemeanor, in addition to or in lieu of, any other penalty authorized
by law, that the defendant make restitution to the victim of the
offense or, if the victim is deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim' means a
person directly and proximately harmed as a result of the commission of
an offense for which restitution may be ordered including, in the case
of an offense that involves as an element a scheme, conspiracy, or
pattern of criminal activity, any person directly harmed by the
defendant's criminal conduct in the course of the scheme, conspiracy,
or pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of the
victim or representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, may assume the
victim's rights under this section, but in no event shall the defendant
be named as such representative or guardian.
``(3) The court shall also order, if agreed to by the parties in a
plea agreement, restitution to persons other than the victim of the
offense.
``(b) The order of restitution shall require that such defendant--
``(1) in the case of an offense resulting in damage to or loss
or destruction of property of a victim of the offense--
``(A) return the property to the owner of the property or
someone designated by the owner; or
``(B) if return of the property under subparagraph (A) is
impossible, impracticable, or inadequate, pay an amount equal
to--
``(i) the greater of--
``(I) the value of the property on the date of the
damage, loss, or destruction; or
``(II) the value of the property on the date of
sentencing, less
``(ii) the value (as of the date the property is
returned) of any part of the property that is returned;
``(2) in the case of an offense resulting in bodily injury to a
victim--
``(A) pay an amount equal to the cost of necessary medical
and related professional services and devices relating to
physical, psychiatric, and psychological care, including
nonmedical care and treatment rendered in accordance with a
method of healing recognized by the law of the place of
treatment;
``(B) pay an amount equal to the cost of necessary physical
and occupational therapy and rehabilitation; and
``(C) reimburse the victim for income lost by such victim
as a result of such offense;
``(3) in the case of an offense resulting in bodily injury that
results in the death of the victim, pay an amount equal to the cost
of necessary funeral and related services; and
``(4) in any case, reimburse the victim for lost income and
necessary child care, transportation, and other expenses incurred
during participation in the investigation or prosecution of the
offense or attendance at proceedings related to the offense.
``(c)(1) This section shall apply in all sentencing proceedings for
convictions of, or plea agreements relating to charges for, any
offense--
``(A) that is--
``(i) a crime of violence, as defined in section 16;
``(ii) an offense against property under this title,
including any offense committed by fraud or deceit; or
``(iii) an offense described in section 1365 (relating to
tampering with consumer products); and
``(B) in which an identifiable victim or victims has suffered a
physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result in a
conviction for an offense described in paragraph (1), this section
shall apply only if the plea specifically states that an offense listed
under such paragraph gave rise to the plea agreement.
``(3) This section shall not apply in the case of an offense
described in paragraph (1)(A)(ii) if the court finds, from facts on the
record, that--
``(A) the number of identifiable victims is so large as to make
restitution impracticable; or
``(B) determining complex issues of fact related to the cause
or amount of the victim's losses would complicate or prolong the
sentencing process to a degree that the need to provide restitution
to any victim is outweighed by the burden on the sentencing
process.
``(d) An order of restitution under this section shall be issued
and enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of title 18,
United States Code, is amended by inserting immediately after the
matter relating to section 3663 the following:
``3663A. Mandatory restitution to victims of certain crimes.''.

5967489d8c9a6d57e024dcadbd80da3120bd8499dbdad68fc2d8744153f57ee5

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

c7e6104a673d7801882775a6122f875ca95f38ff5e2385c13f320c82de3f162b

(a) In General.--Section 3664 of title 18, United States Code, is
amended to read as follows:
``Sec. 3664. Procedure for issuance and enforcement of order of
restitution
``(a) For orders of restitution under this title, the court shall
order the probation officer to obtain and include in its presentence
report, or in a separate report, as the court may direct, information
sufficient for the court to exercise its discretion in fashioning a
restitution order. The report shall include, to the extent practicable,
a complete accounting of the losses to each victim, any restitution
owed pursuant to a plea agreement, and information relating to the
economic circumstances of each defendant. If the number or identity of
victims cannot be reasonably ascertained, or other circumstances exist
that make this requirement clearly impracticable, the probation officer
shall so inform the court.
``(b) The court shall disclose to both the defendant and the
attorney for the Government all portions of the presentence or other
report pertaining to the matters described in subsection (a) of this
section.
``(c) The provisions of this chapter, chapter 227, and Rule 32(c)
of the Federal Rules of Criminal Procedure shall be the only rules
applicable to proceedings under this section.
``(d)(1) Upon the request of the probation officer, but not later
than 60 days prior to the date initially set for sentencing, the
attorney for the Government, after consulting, to the extent
practicable, with all identified victims, shall promptly provide the
probation officer with a listing of the amounts subject to restitution.
``(2) The probation officer shall, prior to submitting the
presentence report under subsection (a), to the extent practicable--
``(A) provide notice to all identified victims of--
``(i) the offense or offenses of which the defendant was
convicted;
``(ii) the amounts subject to restitution submitted to the
probation officer;
``(iii) the opportunity of the victim to submit information
to the probation officer concerning the amount of the victim's
losses;
``(iv) the scheduled date, time, and place of the
sentencing hearing;
``(v) the availability of a lien in favor of the victim
pursuant to subsection (m)(1)(B); and
``(vi) the opportunity of the victim to file with the
probation officer a separate affidavit relating to the amount
of the victim's losses subject to restitution; and
``(B) provide the victim with an affidavit form to submit
pursuant to subparagraph (A)(vi).
``(3) Each defendant shall prepare and file with the probation
officer an affidavit fully describing the financial resources of the
defendant, including a complete listing of all assets owned or
controlled by the defendant as of the date on which the defendant was
arrested, the financial needs and earning ability of the defendant and
the defendant's dependents, and such other information that the court
requires relating to such other factors as the court deems appropriate.
``(4) After reviewing the report of the probation officer, the
court may require additional documentation or hear testimony. The
privacy of any records filed, or testimony heard, pursuant to this
section shall bemaintained to the greatest extent possible, and such
records may be filed or testimony heard in camera.
``(5) If the victim's losses are not ascertainable by the date that
is 10 days prior to sentencing, the attorney for the Government or the
probation officer shall so inform the court, and the court shall set a
date for the final determination of the victim's losses, not to exceed
90 days after sentencing. If the victim subsequently discovers further
losses, the victim shall have 60 days after discovery of those losses
in which to petition the court for an amended restitution order. Such
order may be granted only upon a showing of good cause for the failure
to include such losses in the initial claim for restitutionary relief.
``(6) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate judge or special master
for proposed findings of fact and recommendations as to disposition,
subject to a de novo determination of the issue by the court.
``(e) Any dispute as to the proper amount or type of restitution
shall be resolved by the court by the preponderance of the evidence.
The burden of demonstrating the amount of the loss sustained by a
victim as a result of the offense shall be on the attorney for the
Government. The burden of demonstrating the financial resources of the
defendant and the financial needs of the defendant's dependents, shall
be on the defendant. The burden of demonstrating such other matters as
the court deems appropriate shall be upon the party designated by the
court as justice requires.
``(f)(1)(A) In each order of restitution, the court shall order
restitution to each victim in the full amount of each victim's losses
as determined by the court and without consideration of the economic
circumstances of the defendant.
``(B) In no case shall the fact that a victim has received or is
entitled to receive compensation with respect to a loss from insurance
or any other source be considered in determining the amount of
restitution.
``(2) Upon determination of the amount of restitution owed to each
victim, the court shall, pursuant to section 3572, specify in the
restitution order the manner in which, and the schedule according to
which, the restitution is to be paid, in consideration of--
``(A) the financial resources and other assets of the
defendant, including whether any of these assets are jointly
controlled;
``(B) projected earnings and other income of the defendant; and
``(C) any financial obligations of the defendant; including
obligations to dependents.
``(3)(A) A restitution order may direct the defendant to make a
single, lump-sum payment, partial payments at specified intervals, in-
kind payments, or a combination of payments at specified intervals and
in-kind payments.
``(B) A restitution order may direct the defendant to make nominal
periodic payments if the court finds from facts on the record that the
economic circumstances of the defendant do not allow the payment of any
amount of a restitution order, and do not allow for the payment of the
full amount of a restitution order in the foreseeable future under any
reasonable schedule of payments.
``(4) An in-kind payment described in paragraph (3) may be in the
form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to the victim or
a person or organization other than the victim.
``(g)(1) No victim shall be required to participate in any phase of
a restitution order.
``(2) A victim may at any time assign the victim's interest in
restitution payments to the Crime Victims Fund in the Treasury without
in any way impairing the obligation of the defendant to make such
payments.
``(h) If the court finds that more than 1 defendant has contributed
to the loss of a victim, the court may make each defendant liable for
payment of the full amount of restitution or may apportion liability
among the defendants to reflect the level of contribution to the
victim's loss and economic circumstances of each defendant.
``(i) If the court finds that more than 1 victim has sustained a
loss requiring restitution by a defendant, the court may provide for a
different payment schedule for each victim based on the type and amount
of each victim's loss and accounting for the economic circumstances of
each victim. In any case in which the United States is a victim, the
court shall ensure that all other victims receive full restitution
before the United States receives any restitution.
``(j)(1) If a victim has received compensation from insurance or
any other source with respect to a loss, the court shall order that
restitution be paid to the person who provided or is obligated to
provide the compensation, but the restitution order shall provide that
all restitution of victims required by the order be paid to the victims
before any restitution is paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of restitution
shall be reduced by any amount later recovered as compensatory damages
for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent provided by the
law of the State.
``(k) A restitution order shall provide that the defendant shall
notify the court and the Attorney General of any material change in the
defendant's economic circumstances that might affect the defendant's
ability to pay restitution. The court may also accept notification of a
material change in the defendant's economic circumstances from the
United States or from the victim. The Attorney General shall certify to
the court that the victim or victims owed restitution by the defendant
have been notified of the change in circumstances. Upon receipt of the
notification, the court may, on its own motion, or the motion of any
party, including the victim, adjust the payment schedule, or require
immediate payment in full, as the interests of justice require.
``(l) A conviction of a defendant for an offense involving the act
giving rise to an order of restitution shall estop the defendant from
denying the essential allegations of that offense in any subsequent
Federal civil proceeding or State civil proceeding, to the extent
consistent with State law, brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by the
United States in the manner provided for in subchapter C of chapter 227
and subchapter B of chapter 229 of this title; or
``(ii) by all other available and reasonable means.
``(B) At the request of a victim named in a restitution order, the
clerk of the court shall issue an abstract of judgment certifying that
a judgment has been entered in favor of such victim in the amount
specified in the restitution order. Upon registering, recording,
docketing, or indexing such abstract in accordance with the rules and
requirements relating to judgments of the court of the State where the
district court is located, the abstract of judgment shall be a lien on
the property of the defendant located in such State in the same manner
and to the same extent and under the same conditions as a judgment of a
court of general jurisdiction in that State.
``(2) An order of in-kind restitution in the form of services shall
be enforced by the probation officer.
``(n) If a person obligated to provide restitution, or pay a fine,
receives substantial resources from any source, including inheritance,
settlement, or other judgment, during a period of incarceration, such
person shall be required to apply the value of such resources to any
restitution or fine still owed.
``(o) A sentence that imposes an order of restitution is a final
judgment notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the Federal Rules of
Criminal Procedure and section 3742 of chapter 235 of this
title;
``(B) appealed and modified under section 3742;
``(C) amended under section 3664(d)(3); or
``(D) adjusted under section 3664(k), 3572, or 3613A; or
``(2) the defendant may be resentenced under section 3565 or
3614.
``(p) Nothing in this section or sections 2248, 2259, 2264, 2327,
3663, and 3663A and arising out of the application of such sections,
shall be construed to create a cause of action not otherwise authorized
in favor of any person against the United States or any officer or
employee of the United States.''.
(b) Technical Amendment.--The item relating to section 3664 in the
analysis for chapter 232 of title 18, United States Code, is amended to
read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.

c391276ef4cf88e4ebd8ffd3364c3c3942d1e219a0efe6a113fe9b2a1f2a77aa

(a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b)
of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the following:
``Notwithstanding the preceding sentence, a presentence
investigation and report, or other report containing information
sufficient for the court to enter an order of restitution, as the
court may direct, shall be required in any case in which
restitution is required to be ordered.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and (G) as
subparagraphs (G) and (H), respectively; and
(B) by inserting after subparagraph (E), the following new
subparagraph:
``(F) in appropriate cases, information sufficient for the
court to enter an order of restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code, is
amended--
(1) in subsection (b) by inserting ``other than the United
States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A person sentenced
to pay a fine or other monetary penalty'' and inserting ``(1) A
person sentenced to pay a fine or other monetary penalty,
including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution order, the
order, permits other than immediate payment, the length of time over
which scheduled payments will be made shall be set by the court, but
shall be the shortest time in which full payment can reasonably be
made.
``(3) A judgment for a fine which permits payments in installments
shall include a requirement that the defendant will notify the court of
any material change in the defendant's economic circumstances that
might affect the defendant's ability to pay the fine. Upon receipt of
such notice the court may, on its own motion or the motion of any
party, adjust the payment schedule, or require immediate payment in
full, as the interests of justice require.'';
(3) in subsection (f), by inserting ``restitution'' after
``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting ``or payment of
restitution'' after ``A fine''; and
(B) by amending the second sentence to read as follows:
``Notwithstanding any installment schedule, when a fine or
payment of restitution is in default, the entire amount of the
fine or restitution is due within 30 days after notification of
the default, subject to the provisions of section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611 of title
18, United States Code, is amended--
(A) by amending the heading to read as follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay the fine or
assessment'' and inserting ``, assessment, or restitution,
shall pay the fine, assessment, or restitution''.
(2) Collection.--Section 3612 of title 18, United States Code,
is amended--
(A) by amending the heading to read as follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by
inserting ``or restitution order'' after ``fine'';
(ii) in subparagraph (C), by inserting ``or restitution
order'' after ``fine'';
(iii) in subparagraph (E), by striking ``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or restitution order'' after
``fine''; and
(II) by striking the period at the end and
inserting ``; and''; and
(v) by adding at the end the following new
subparagraph:
``(G) in the case of a restitution order, information
sufficient to identify each victim to whom restitution is owed.
It shall be the responsibility of each victim to notify the
Attorney General, or the appropriate entity of the court, by
means of a form to be provided by the Attorney General or the
court, of any change in the victim's mailing address while
restitution is still owed the victim. The confidentiality of
any information relating to a victim shall be maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by inserting ``or
restitution'' after ``fine''; and
(ii) by adding at the end the following: ``Any money
received from a defendant shall be disbursed so that each
of the following obligations is paid in full in the
following sequence:
``(1) A penalty assessment under section 3013 of title 18,
United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other payments
required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution'' after ``fine''; and
(ii) by striking ``is delinquent, to inform him that
the fine is delinquent'' and inserting ``or restitution is
delinquent, to inform the person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution'' after ``fine''; and
(ii) by striking ``him that the fine is in default''
and inserting ``the person that the fine or restitution is
in default'';
(F) in subsection (f)--
(i) in the heading, by inserting ``and restitution''
after ``on fines''; and
(ii) in paragraph (1), by inserting ``or restitution''
after ``any fine'';
(G) in subsection (g), by inserting ``or restitution''
after ``fine'' each place it appears; and
(H) in subsection (i), by inserting ``and restitution''
after ``fines''.
(3) Civil remedies.--Section 3613 of title 18, United States
Code, is amended to read as follows:
``Sec. 3613. Civil remedies for satisfaction of an unpaid fine
``(a) Enforcement.--The United States may enforce a judgment
imposing a fine in accordance with the practices and procedures for the
enforcement of a civil judgment under Federal law or State law.
Notwithstanding any other Federal law (including section 207 of the
Social Security Act), a judgment imposing a fine may be enforced
against all property or rights to property of the person fined, except
that--
``(1) property exempt from levy for taxes pursuant to section
6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of
the Internal Revenue Code of 1986 shall be exempt from enforcement
of the judgment under Federal law;
``(2) section 3014 of chapter 176 of title 28 shall not apply
to enforcement under Federal law; and
``(3) the provisions of section 303 of the Consumer Credit
Protection Act (15 U.S.C. 1673) shall apply to enforcement of the
judgment under Federal law or State law.
``(b) Termination of Liability.--The liability to pay a fine shall
terminate the later of 20 years from the entry of judgment or 20 years
after the release from imprisonment of the person fined, or upon the
death of the individual fined.
``(c) Lien.--A fine imposed pursuant to the provisions of
subchapter C of chapter 227 of this title, or an order of restitution
made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664
of this title, is a lien in favor of the United States on all property
and rights to property of the person fined as if the liability of the
person fined were a liability for a tax assessed under the Internal
Revenue Code of 1986. The lien arises on the entry of judgment and
continues for 20 years or until the liability is satisfied, remitted,
set aside, or is terminated under subsection (b).
``(d) Effect of Filing Notice of Lien.--Upon filing of a notice of
lien in the manner in which a notice of tax lien would be filed under
section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the
lien shall be valid against any purchaser, holder of a security
interest, mechanic's lienor or judgment lien creditor, except with
respect to properties or transactions specified in subsection (b), (c),
or (d) of section 6323 of the Internal Revenue Code of 1986 for which a
notice of tax lien properly filed on the same date would not be valid.
The notice of lien shall be considered a notice of lien for taxes
payable to the United States for the purpose of any State or local law
providing for the filing of a notice of a tax lien. A notice of lien
that is registered, recorded, docketed, or indexed in accordance with
the rules and requirements relating to judgments of the courts of the
State where the notice of lien is registered, recorded, docketed, or
indexed shall be considered for all purposes as the filing prescribed
by this section. The provisions of section 3201(e) of chapter 176 of
title 28 shall apply to liens filed as prescribed by this section.
``(e) Discharge of Debt Inapplicable.--No discharge of debts in a
proceeding pursuant to any chapter of title 11, United States Code,
shall discharge liability to pay a fine pursuant to this section, and a
lien filed as prescribed by this section shall not be voided in a
bankruptcy proceeding.
``(f) Applicability to Order of Restitution.--In accordance with
section 3664(m)(1)(A) of this title, all provisions of this section are
available to the United States for the enforcement of an order of
restitution.''.
(4) Default.--Chapter 229 of title 18, United States Code, is
amended by inserting after section 3613 the following new section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on a
payment of a fine or restitution, the court may, pursuant to section
3565, revoke probation or a term of supervised release, modify the
terms or conditions of probation or a term of supervised release,
resentence a defendant pursuant to section 3614, hold the defendant in
contempt of court, enter a restraining order or injunction, order the
sale of property of the defendant, accept a performance bond, enter or
adjust a payment schedule, or take any other action necessary to obtain
compliance with the order of a fine or restitution.
``(2) In determining what action to take, the court shall consider
the defendant's employment status, earning ability, financial
resources, the willfulness in failing to comply with the fine or
restitution order, and any other circumstances that may have a bearing
on the defendant's ability or failure to comply with the order of a
fine or restitution.
``(b)(1) Any hearing held pursuant to this section may be conducted
by a magistrate judge, subject to de novo review by the court.
``(2) To the extent practicable, in a hearing held pursuant to this
section involving a defendant who is confined in any jail, prison, or
other correctional facility, proceedings in which the prisoner's
participation is required or permitted shall be conducted by telephone,
video conference, or other communications technology without removing
the prisoner from the facility in which the prisoner is confined.''.
(5) Resentencing.--Section 3614 of title 18, United States
Code, is amended--
(A) in the heading, by inserting ``or restitution'' after
``fine'';
(B) in subsection (a), by inserting ``or restitution''
after ``fine''; and
(C) by adding at the end the following new subsection:
``(c) Effect of Indigency.--In no event shall a defendant be
incarcerated under this section solely on the basis of inability to
make payments because the defendant is indigent.''.
(d) Clerical Amendment.--The table of sections at the beginning of
subchapter B of chapter 229 of title 18, United States Code, is amended
to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.

58146fbc1d1c722bfa79fa0014fbcfef39d0bf7fee6423fbdb14d618b0235242

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

f26feb6279ef3eae182fdfb9f1a4ac825c461900df6fdf54b80e2116bf6c075e

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

653ce4c1a7286792c87e879b5a323008e910f497c941975d9701e5b9f8959f8a

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

58a1e52de4577001d4dafdb21dbb6c2d24ca839860064fd882b191d4c2a16b77

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

b983b5e5c06d2bb17e8dd4c2cc243e986cbd51f93cf2d85286b08c137fa1b0fc

(a) Exception to Foreign Sovereign Immunity for Certain Cases.--
Section 1605 of title 28, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; or''; and
(C) by adding at the end the following new paragraph:
``(7) not otherwise covered by paragraph (2), in which money
damages are sought against a foreign state for personal injury or
death that was caused by an act of torture, extrajudicial killing,
aircraft sabotage, hostage taking, or the provision of material
support or resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material support is engaged
in by an official, employee, or agent of such foreign state while
acting within the scope of his or her office, employment, or
agency, except that the court shall decline to hear a claim under
this paragraph--
``(A) if the foreign state was not designated as a state
sponsor of terrorism under section 6(j) of the Export
Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at
the time the act occurred, unless later so designated as a
result of such act; and
``(B) even if the foreign state is or was so designated,
if--
``(i) the act occurred in the foreign state against
which the claim has been brought and the claimant has not
afforded the foreign state a reasonable opportunity to
arbitrate the claim in accordance with accepted
international rules of arbitration; or
``(ii) the claimant or victim was not a national of the
United States (as that term is defined in section
101(a)(22) of the Immigration and Nationality Act) when the
act upon which the claim is based occurred.''; and
(2) by adding at the end the following:
``(e) For purposes of paragraph (7) of subsection (a)--
``(1) the terms `torture' and `extrajudicial killing' have the
meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991;
``(2) the term `hostage taking' has the meaning given that term
in Article 1 of the International Convention Against the Taking of
Hostages; and
``(3) the term `aircraft sabotage' has the meaning given that
term in Article 1 of the Convention for the Suppression of Unlawful
Acts Against the Safety of Civil Aviation.
``(f) No action shall be maintained under subsection (a)(7) unless
the action is commenced not later than 10 years after the date on which
the cause of action arose. All principles of equitable tolling,
including the period during which the foreign state was immune from
suit, shall apply in calculating this limitation period.
``(g) Limitation on Discovery.--
``(1) In general.--(A) Subject to paragraph (2), if an action
is filed that would otherwise be barred by section 1604, but for
subsection (a)(7), the court, upon request of the Attorney General,
shall stay any request, demand, or order for discovery on the
United States that the Attorney General certifies would
significantly interfere with a criminal investigation or
prosecution, or a national security operation, related to the
incident that gave rise to the cause of action, until such time as
the Attorney General advises the court that such request, demand,
or order will no longer so interfere.
``(B) A stay under this paragraph shall be in effect during the
12-month period beginning on the date on which the court issues the
order to stay discovery. The court shall renew the order to stay
discovery for additional 12-month periods upon motion by the United
States if the Attorney General certifies that discovery would
significantly interfere with a criminal investigation or
prosecution, or a national security operation, related to the
incident that gave rise to the cause of action.
``(2) Sunset.--(A) Subject to subparagraph (B), no stay shall
be granted or continued in effect under paragraph (1) after the
date that is 10 years after the date on which the incident that
gave rise to the cause of action occurred.
``(B) After the period referred to in subparagraph (A), the
court, upon request of the Attorney General, may stay any request,
demand, or order for discovery on the United States that the court
finds a substantial likelihood would--
``(i) create a serious threat of death or serious bodily
injury to any person;
``(ii) adversely affect the ability of the United States to
work in cooperation with foreign and international law
enforcement agencies in investigating violations of United
States law; or
``(iii) obstruct the criminal case related to the incident
that gave rise to the cause of action or undermine the
potential for a conviction in such case.
``(3) Evaluation of evidence.--The court's evaluation of any
request for a stay under this subsection filed by the Attorney
General shall be conducted ex parte and in camera.
``(4) Bar on motions to dismiss.--A stay of discovery under
this subsection shall constitute a bar to the granting of a motion
to dismiss under rules 12(b)(6) and 56 of the Federal Rules of
Civil Procedure.
``(5) Construction.--Nothing in this subsection shall prevent
the United States from seeking protective orders or asserting
privileges ordinarily available to the United States.''.
(b) Exception to Immunity From Attachment.--
(1) Foreign state.--Section 1610(a) of title 28, United States
Code, is amended--
(A) by striking the period at the end of paragraph (6) and
inserting ``, or''; and
(B) by adding at the end the following new paragraph:
``(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of whether
the property is or was involved with the act upon which the claim
is based.''.
(2) Agency or instrumentality.--Section 1610(b)(2) of title 28,
United States Code, is amended--
(A) by striking ``or (5)'' and inserting ``(5), or (7)'';
and
(B) by striking ``used for the activity'' and inserting
``involved in the act''.
(c) Applicability.--The amendments made by this subtitle shall
apply to any cause of action arising before, on, or after the date of
the enactment of this Act.
Subtitle C--Assistance to Victims of Terrorism

86ed77399bcff7e5f6a1da5d06f64efe2439085954d53def00ae67a0c512e264

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

27dfa116da3d866d7712f10c327f7e68efabb9d8d8efbf719c8d284046f0cada

(a) Authority To Provide Assistance and Compensation to Victims of
Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.)
is amended by inserting after section 1404A the following new section:
``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
``(a) Victims of Acts of Terrorism Outside the United States.--The
Director may make supplemental grants as provided in section 1404(a) to
States to provide compensation and assistance to the residents of such
States who, while outside of the territorial boundaries of the United
States, are victims of a terrorist act or mass violence and are not
persons eligible for compensation under title VIII of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986.
``(b) Victims of Terrorism Within the United States.--The Director
may make supplemental grants as provided in section 1404(d)(4)(B) to
States for eligible crime victim compensation and assistance programs
to provide emergency relief, including crisis response efforts,
assistance, training, and technical assistance, for the benefit of
victims of terrorist acts or mass violence occurring within the United
States and may provide funding to United States Attorney's Offices for
use in coordination with State victim compensation and assistance
efforts in providing emergency relief.''.
(b) Funding of Compensation and Assistance to Victims of Terrorism,
Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime
Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
``(4)(A) If the sums available in the Fund are sufficient to
fully provide grants to the States pursuant to section 1403(a)(1),
the Director may retain any portion of the Fund that was deposited
during a fiscal year that was in excess of 110 percent of the total
amount deposited in the Fund during the preceding fiscal year as an
emergency reserve. Such reserve shall not exceed $50,000,000.
``(B) The emergency reserve referred to in subparagraph (A) may
be used for supplemental grants under section 1404B and to
supplement the funds available to provide grants to States for
compensation and assistance in accordance with sections 1403 and
1404 in years in which supplemental grants are needed.''.
(c) Crime Victims Fund Amendments.--
(1) Unobligated funds.--Section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking ``subsection'' and
inserting ``chapter''; and
(B) by amending subsection (e) to read as follows:
``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a
grant under this chapter that remains unspent at the end of a fiscal
year in which the grant is made may be expended for the purpose for
which the grant is made at any time during the 2 succeeding fiscal
years, at the end of which period, any remaining unobligated sums in
excess of $500,000 shall be returned to the Treasury. Any remaining
unobligated sums in an amount less than $500,000 shall be returned to
the Fund.''.
(2) Base amount.--Section 1404(a)(5) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as follows:
``(5) As used in this subsection, the term `base amount'
means--
``(A) except as provided in subparagraph (B), $500,000; and
``(B) for the territories of the Northern Mariana Islands,
Guam, American Samoa, and the Republic of Palau, $200,000, with
the Republic of Palau's share governed by the Compact of Free
Association between the United States and the Republic of
Palau.''.

d4e4242417c5d427effbe111e4ca6a227a2cbe2234bd84ffa917cc06e6cfa006

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

421365170587d7b1655cea6d070bdc3f0a0d96ecd71ccd5ffbb94541a1ce5e6c

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

277ad1a4130938cb2747ffa1a92fc46d6f63c83c2ad71e06d27fa801f06f54b6

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

a350df644f0212ff7c464aeade4c8a62a49994ee70a5f675a301726c9e4a74a5

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

6c3511b9d3645afd0891cd7f3613ef69386f7fda77547c15009226d3c852f2ac

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

6617beee4f035e0670b496f59b473e708193d21a87ce3bdc76fb5ba48e2e9dd6

(a) In General.--Chapter 2 of title II of the Immigration and
Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end
the following:
``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to designate an
organization as a foreign terrorist organization in accordance with
this subsection if the Secretary finds that--
``(A) the organization is a foreign organization;
``(B) the organization engages in terrorist activity (as
defined in section 212(a)(3)(B)); and
``(C) the terrorist activity of the organization threatens
the security of United States nationals or the national
security of the United States.
``(2) Procedure.--
``(A) Notice.--Seven days before making a designation under
this subsection, the Secretary shall, by classified
communication--
``(i) notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the Senate, and the
members of the relevant committees, in writing, of the
intent to designate a foreign organization under this
subsection, together with the findings made under paragraph
(1) with respect to that organization, and the factual
basis therefor; and
``(ii) seven days after such notification, publish the
designation in the Federal Register.
``(B) Effect of designation.--
``(i) For purposes of section 2339B of title 18, United
States Code, a designation under this subsection shall take
effect upon publication under subparagraph (A).
``(ii) Any designation under this subsection shall
cease to have effect upon an Act of Congress disapproving
such designation.
``(C) Freezing of assets.--Upon notification under
paragraph (2), the Secretary of the Treasury may require United
States financial institutions possessing or controlling any
assets of any foreign organization included in the notification
to block all financial transactions involving those assets
until further directive from either the Secretary of the
Treasury, Act of Congress, or order of court.
``(3) Record.--
``(A) In general.--In making a designation under this
subsection, the Secretary shall create an administrative
record.
``(B) Classified information.--The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except that
such information may be disclosed to a court ex parte and in
camera for purposes of judicial review under subsection (c).
``(4) Period of designation.--
``(A) In general.--Subject to paragraphs (5) and (6), a
designation under this subsection shall be effective for all
purposes for a period of 2 years beginning on the effective
date of the designation under paragraph (2)(B).
``(B) Redesignation.--The Secretary may redesignate a
foreign organization as a foreign terrorist organization for an
additional 2-year period at the end of the 2-year period
referred to in subparagraph (A) (but not sooner than 60 days
prior to the termination of such period) upon a finding that
the relevant circumstances described in paragraph (1) still
exist. The procedural requirements of paragraphs (2) and (3)
shall apply to a redesignation under this subparagraph.
``(5) Revocation by act of congress.--The Congress, by an Act
of Congress, may block or revoke a designation made under paragraph
(1).
``(6) Revocation based on change in circumstances.--
``(A) In general.--The Secretary may revoke a designation
made under paragraph (1) if the Secretary finds that--
``(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation of the designation; or
``(ii) the national security of the United States
warrants a revocation of the designation.
``(B) Procedure.--The procedural requirements of paragraphs
(2) through (4) shall apply to a revocation under this
paragraph.
``(7) Effect of revocation.--The revocation of a designation
under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct committed prior to the effective date
of such revocation.
``(8) Use of designation in trial or hearing.--If a designation
under this subsection has become effective under paragraph (1)(B),
a defendant in a criminal action shall not be permitted to raise
any question concerning the validity of the issuance of such
designation as a defense or an objection at any trial or hearing.
``(b) Judicial Review of Designation.--
``(1) In general.--Not later than 30 days after publication of
the designation in the Federal Register, an organization designated
as a foreign terrorist organization may seek judicial review of the
designation in the United States Court of Appeals for the District
of Columbia Circuit.
``(2) Basis of review.--Review under this subsection shall be
based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation.
``(3) Scope of review.--The Court shall hold unlawful and set
aside a designation the court finds to be--
``(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
``(B) contrary to constitutional right, power, privilege,
or immunity; or
``(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right.
``(4) Judicial review invoked.--The pendency of an action for
judicial review of a designation shall not affect the application
of this section, unless the court issues a final order setting
aside the designation.
``(c) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning given
that term in section 1(a) of the Classified Information Procedures
Act (18 U.S.C. App.);
``(2) the term `national security' means the national defense,
foreign relations, or economic interests of the United States;
``(3) the term `relevant committees' means the Committees on
the Judiciary, Intelligence, and Foreign Relations of the Senate
and the Committees on the Judiciary, Intelligence, and
International Relations of the House of Representatives; and
``(4) the term `Secretary' means the Secretary of State, in
consultation with the Secretary of the Treasury and the Attorney
General.''.
(b) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act, relating to terrorism, is amended by inserting
after the item relating to section 218 the following new item:
``Sec. 219. Designation of foreign terrorist organizations.''.

5c8027044c5ff6da7e78623e085c3b9187ec1475739b7858083b1a2c95d226e7

(a) In General.--Chapter 113B of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 2339B. Providing material support or resources to designated
foreign terrorist organizations
``(a) Prohibited Activities.--
``(1) Unlawful conduct.--Whoever, within the United States or
subject to the jurisdiction of the United States, knowingly
provides material support or resources to a foreign terrorist
organization, or attempts or conspires to do so, shall be fined
under this title or imprisoned not more than 10 years, or both.
``(2) Financial institutions.--Except as authorized by the
Secretary, any financial institution that becomes aware that it has
possession of, or control over, any funds in which a foreign
terrorist organization, or its agent, has an interest, shall--
``(A) retain possession of, or maintain control over, such
funds; and
``(B) report to the Secretary the existence of such funds
in accordance with regulations issued by the Secretary.
``(b) Civil Penalty.--Any financial institution that knowingly
fails to comply with subsection (a)(2) shall be subject to a civil
penalty in an amount that is the greater of--
``(A) $50,000 per violation; or
``(B) twice the amount of which the financial institution
was required under subsection (a)(2) to retain possession or
control.
``(c) Injunction.--Whenever it appears to the Secretary or the
Attorney General that any person is engaged in, or is about to engage
in, any act that constitutes, or would constitute, a violation of this
section, the Attorney General may initiate civil action in a district
court of the United States to enjoin such violation.
``(d) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section.
``(e) Investigations.--
``(1) In general.--The Attorney General shall conduct any
investigation of a possible violation of this section, or of any
license, order, or regulation issued pursuant to this section.
``(2) Coordination with the department of the treasury.--The
Attorney General shall work in coordination with the Secretary in
investigations relating to--
``(A) the compliance or noncompliance by a financial
institution with the requirements of subsection (a)(2); and
``(B) civil penalty proceedings authorized under subsection
(b).
``(3) Referral.--Any evidence of a criminal violation of this
section arising in the course of an investigation by the Secretary
or any other Federal agency shall be referred immediately to the
Attorney General for further investigation. The Attorney General
shall timely notify the Secretary of any action taken on referrals
from the Secretary, and may refer investigations to the Secretary
for remedial licensing or civil penalty action.
``(f) Classified Information in Civil Proceedings Brought by the
United States.--
``(1) Discovery of classified information by defendants.--
``(A) Request by united states.--In any civil proceeding
under this section, upon request made ex parte and in writing
by the United States, a court, upon a sufficient showing, may
authorize the United States to--
``(i) redact specified items of classified information
from documents to be introduced into evidence or made
available to the defendant through discovery under the
Federal Rules of Civil Procedure;
``(ii) substitute a summary of the information for such
classified documents; or
``(iii) substitute a statement admitting relevant facts
that the classified information would tend to prove.
``(B) Order granting request.--If the court enters an order
granting a request under this paragraph, the entire text of the
documents to which the request relates shall be sealed and
preserved in the records of the court to be made available to
the appellate court in the event of an appeal.
``(C) Denial of request.--If the court enters an order
denying a request of the United States under this paragraph,
the United States may take an immediate, interlocutory appeal
in accordance with paragraph (5). For purposes of such an
appeal, the entire text of the documents to which the request
relates, together with any transcripts of arguments made ex
parte to the court in connection therewith, shall be maintained
under seal and delivered to the appellate court.
``(2) Introduction of classified information; precautions by
court.--
``(A) Exhibits.--To prevent unnecessary or inadvertent
disclosure of classified information in a civil proceeding
brought by the United States under this section, the United
States may petition the court ex parte to admit, in lieu of
classified writings, recordings, or photographs, one or more of
the following:
``(i) Copies of items from which classified information
has been redacted.
``(ii) Stipulations admitting relevant facts that
specific classified information would tend to prove.
``(iii) A declassified summary of the specific
classified information.
``(B) Determination by court.--The court shall grant a
request under this paragraph if the court finds that the
redacted item, stipulation, or summary is sufficient to allow
the defendant to prepare a defense.
``(3) Taking of trial testimony.--
``(A) Objection.--During the examination of a witness in
any civil proceeding brought by the United States under this
subsection, the United States may object to any question or
line of inquiry that may require the witness to disclose
classified information not previously found to be admissible.
``(B) Action by court.--In determining whether a response
is admissible, the court shall take precautions to guard
against the compromise of any classified information,
including--
``(i) permitting the United States to provide the
court, ex parte, with a proffer of the witness's response
to the question or line of inquiry; and
``(ii) requiring the defendant to provide the court
with a proffer of the nature of the information that the
defendant seeks to elicit.
``(C) Obligation of defendant.--In any civil proceeding
under this section, it shall be the defendant's obligation to
establish the relevance and materiality of any classified
information sought to be introduced.
``(4) Appeal.--If the court enters an order denying a request
of the United States under this subsection, the United States may
take an immediate interlocutory appeal in accordance with paragraph
(5).
``(5) Interlocutory appeal.--
``(A) Subject of appeal.--An interlocutory appeal by the
United States shall lie to a court of appeals from a decision
or order of a district court--
``(i) authorizing the disclosure of classified
information;
``(ii) imposing sanctions for nondisclosure of
classified information; or
``(iii) refusing a protective order sought by the
United States to prevent the disclosure of classified
information.
``(B) Expedited consideration.--
``(i) In general.--An appeal taken pursuant to this
paragraph, either before or during trial, shall be
expedited by the court of appeals.
``(ii) Appeals prior to trial.--If an appeal is of an
order made prior to trial, an appeal shall be taken not
later than 10 days after the decision or order appealed
from, and the trial shall not commence until the appeal is
resolved.
``(iii) Appeals during trial.--If an appeal is taken
during trial, the trial court shall adjourn the trial until
the appeal is resolved, and the court of appeals--
``(I) shall hear argument on such appeal not later
than 4 days after the adjournment of the trial;
``(II) may dispense with written briefs other than
the supporting materials previously submitted to the
trial court;
``(III) shall render its decision not later than 4
days after argument on appeal; and
``(IV) may dispense with the issuance of a written
opinion in rendering its decision.
``(C) Effect of ruling.--An interlocutory appeal and
decision shall not affect the right of the defendant, in a
subsequent appeal from a final judgment, to claim as error
reversal by the trial court on remand of a ruling appealed from
during trial.
``(6) Construction.--Nothing in this subsection shall prevent
the United States from seeking protective orders or asserting
privileges ordinarily available to the United States to protect
against the disclosure of classified information, including the
invocation of the military and State secrets privilege.
``(g) Definitions.--As used in this section--
``(1) the term `classified information' has the meaning given
that term in section 1(a) of the Classified Information Procedures
Act (18 U.S.C. App.);
``(2) the term `financial institution' has the same meaning as
in section 5312(a)(2) of title 31, United States Code;
``(3) the term `funds' includes coin or currency of the United
States or any other country, traveler's checks, personal checks,
bank checks, money orders, stocks, bonds, debentures, drafts,
letters of credit, any other negotiable instrument, and any
electronic representation of any of the foregoing;
``(4) the term `material support or resources' has the same
meaning as in section 2339A;
``(5) the term `Secretary' means the Secretary of the Treasury;
and
``(6) the term `terrorist organization' means an organization
designated as a terrorist organization under section 219 of the
Immigration and Nationality Act.''.
(b) Clerical Amendment to Table of Sections.--The table of sections
at the beginning of chapter 113B of title 18, United States Code, is
amended by adding at the end the following new item:
``2339B. Providing material support or resources to designated foreign
terrorist organizations.''.
(c) Technical Amendment.--
(1) New item.--Chapter 113B of title 18, United States Code,
relating to torture, is redesignated as chapter 113C.
(2) Table of chapters.--The table of chapters for part I of
title 18, United States Code, is amended by striking ``113B.
Torture'' and inserting ``113C. Torture''.
Subtitle B--Prohibition on Assistance to Terrorist States

91ba546f56020f02bb026fc6c9c5d5799b47251106e1be162ca7e918396e0e37

(a) In General.--Chapter 113B of title 18, United States Code,
relating to terrorism, is amended by inserting after the section 2332c
added by section 521 of this Act the following new section:
``Sec. 2332d. Financial transactions
``(a) Offense.--Except as provided in regulations issued by the
Secretary of the Treasury, in consultation with the Secretary of State,
whoever, being a United States person, knowing or having reasonable
cause to know that a country is designated under section 6(j) of the
Export Administration Act (50 U.S.C. App. 2405) as a country supporting
international terrorism, engages in a financial transaction with the
government of that country, shall be fined under this title, imprisoned
for not more than 10 years, or both.
``(b) Definitions.--As used in this section--
``(1) the term `financial transaction' has the same meaning as
in section 1956(c)(4); and
``(2) the term `United States person' means any--
``(A) United States citizen or national;
``(B) permanent resident alien;
``(C) juridical person organized under the laws of the
United States; or
``(D) any person in the United States.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, relating to terrorism, is
amended by inserting after the item added by section 521 of this Act
the following new item:
``2332d. Financial transactions.''.
(c) Effective Date.--The amendments made by this section shall
become effective 120 days after the date of enactment of this Act.

2c1d2c3c2b059b5936860884d3b93a1510346b34f1caf2c3b5c83feb8e87701b

Section 44906 of title 49, United States Code, is amended to read
as follows:
``Sec. 44906. Foreign air carrier security programs
``The Administrator of the Federal Aviation Administration shall
continue in effect the requirement of section 129.25 of title 14, Code
of Federal Regulations, that a foreign air carrier must adopt and use a
security program approved by the Administrator. The Administrator shall
not approve a security program of a foreign air carrier under section
129.25, or any successor regulation, unless the security program
requires the foreign air carrier in its operations to and from airports
in the United States to adhere to the identical security measures that
the Administrator requires air carriers serving the same airports to
adhere to. The foregoing requirement shall not be interpreted to limit
the ability of the Administrator to impose additional security measures
on a foreign air carrier or an air carrier when the Administrator
determines that a specific threat warrants such additional measures.
The Administrator shall prescribe regulations to carry out this
section.''.

9c6b802ad4314ad1b64dda8eb2912f62317f87bb770d2d7a4430cc10fdec2776

Section 2339A of title 18, United States Code, is amended to read
as follows:
``Sec. 2339A. Providing material support to terrorists
``(a) Offense.--Whoever, within the United States, provides
material support or resources or conceals or disguises the nature,
location, source, or ownership of material support or resources,
knowing or intending that they are to be used in preparation for, or in
carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m)
or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366,
1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this
title or section 46502 of title 49, or in preparation for, or in
carrying out, the concealment from the commission of any such
violation, shall be fined under this title, imprisoned not more than 10
years, or both.
``(b) Definition.--In this section, the term `material support or
resources' means currency or other financial securities, financial
services, lodging, training, safehouses, false documentation or
identification, communications equipment, facilities, weapons, lethal
substances, explosives, personnel, transportation, and other physical
assets, except medicine or religious materials.''.

5b2fee3d4479a50ddddfa834d529f3f8db8fd3206a376afea6e938b28cfc6002

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

74ccd80dc16a1ba15d199a6d36f662a31e111509f34bd9bdbf2ab77cb601e0af

STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620F the following new
section:
``SEC. 620G. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST
STATES.
``(a) Withholding of Assistance.--The President shall withhold
assistance under this Act to the government of any country that
provides assistance to the government of any other country for which
the Secretary of State has made a determination under section 620A.
``(b) Waiver.--Assistance prohibited by this section may be
furnished to a foreign government described in subsection (a) if the
President determines that furnishing such assistance is important to
the national interests of the United States and, not later than 15 days
before obligating such assistance, furnishes a report to the
appropriate committees of Congress including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.

420483852ea85da8a914c7a39c4ca3c3fbbfb52627c2167eb99361ba4153212a

EQUIPMENT TO TERRORIST STATES.
The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is
amended by adding immediately after section 620G the following new
section:
``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE
MILITARY EQUIPMENT TO TERRORIST STATES.
``(a) Prohibition.--
``(1) In general.--The President shall withhold assistance
under this Act to the government of any country that provides
lethal military equipment to a country the government of which the
Secretary of State has determined is a terrorist government for the
purposes of section 6(j) of the Export Administration Act of 1979
(50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371).
``(2) Applicability.--The prohibition under this section with
respect to a foreign government shall terminate 1 year after that
government ceases to provide lethal military equipment. This
section applies with respect to lethal military equipment provided
under a contract entered into after the date of enactment of this
Act.
``(b) Waiver.--Notwithstanding any other provision of law,
assistance may be furnished to a foreign government described in
subsection (a) if the President determines that furnishing such
assistance is important to the national interests of the United States
and, not later than 15 days before obligating such assistance,
furnishes a report to the appropriate committees of Congress
including--
``(1) a statement of the determination;
``(2) a detailed explanation of the assistance to be provided;
``(3) the estimated dollar amount of the assistance; and
``(4) an explanation of how the assistance furthers United
States national interests.''.

e6beb8b35a2fe7c34e99c54be9f836d6753e5ab6842001b5b328d5c1ab8364df

INSTITUTIONS TO TERRORIST STATES.
The International Financial Institutions Act (22 U.S.C. 262c et
seq.) is amended by inserting after section 1620 the following new
section:
``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL
INSTITUTIONS TO TERRORIST STATES.
``(a) In General.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to use the voice and vote of the United States to oppose
any loan or other use of the funds of the respective institution to or
for a country for which the Secretary of State has made a determination
under section 6(j) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
``(b) Definition.--For purposes of this section, the term
`international financial institution' includes--
``(1) the International Bank for Reconstruction and
Development, the International Development Association, and the
International Monetary Fund;
``(2) wherever applicable, the Inter-American Bank, the Asian
Development Bank, the European Bank for Reconstruction and
Development, the African Development Bank, and the African
Development Fund; and
``(3) any similar institution established after the date of
enactment of this section.''.

3119b61d61b5cf71b9baeaf988470c8404e1d4de76f8641b4daf57705dbb13ca

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

4e1bce342c906a958386ac2f4c48e396420671ac91a45539004ae2e1924e4524

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

d319e0271cdff71439f0808ed7d2be849632cfbb999e97c03f49ee9f95832b6b

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

4e5781afe94401d5e6c7c5668ceef6fc262b27fb42314e93b6028ad46b1164f7

(a) In General.--The Immigration and Nationality Act is amended by
adding at the end the following new title:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``SEC. 501. DEFINITIONS.
``As used in this title--
``(1) the term `alien terrorist' means any alien described in
section 241(a)(4)(B);
``(2) the term `classified information' has the same meaning as
in section 1(a) of the Classified Information Procedures Act (18
U.S.C. App.);
``(3) the term `national security' has the same meaning as in
section 1(b) of the Classified Information Procedures Act (18
U.S.C. App.);
``(4) the term `removal court' means the court described in
section 502;
``(5) the term `removal hearing' means the hearing described in
section 504; and
``(6) the term `removal proceeding' means a proceeding under
this title.
``SEC. 502. ESTABLISHMENT OF REMOVAL COURT.
``(a) Designation of Judges.--The Chief Justice of the United
States shall publicly designate 5 district court judges from 5 of the
United States judicial circuits who shall constitute a court that shall
have jurisdiction to conduct all removal proceedings. The Chief Justice
may, in the Chief Justice's discretion, designate the same judges under
this section as are designated pursuant to section 103(a) of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)).
``(b) Terms.--Each judge designated under subsection (a) shall
serve for a term of 5 years and shall be eligible for redesignation,
except that of the members first designated--
``(1) 1 member shall serve for a term of 1 year;
``(2) 1 member shall serve for a term of 2 years;
``(3) 1 member shall serve for a term of 3 years; and
``(4) 1 member shall serve for a term of 4 years.
``(c) Chief Judge.--
``(1) Designation.--The Chief Justice shall publicly designate
one of the judges of the removal court to be the chief judge of the
removal court.
``(2) Responsibilities.--The chief judge shall--
``(A) promulgate rules to facilitate the functioning of the
removal court; and
``(B) assign the consideration of cases to the various
judges on the removal court.
``(d) Expeditious and Confidential Nature of Proceedings.--The
provisions of section 103(c) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in
the same manner as they apply to proceedings under that Act.
``SEC. 503. REMOVAL COURT PROCEDURE.
``(a) Application.--
``(1) In general.--In any case in which the Attorney General
has classified information that an alien is an alien terrorist, the
Attorney General may seek removal of the alien under this title by
filing an application with the removal court that contains--
``(A) the identity of the attorney in the Department of
Justice making the application;
``(B) a certification by the Attorney General or the Deputy
Attorney General that the application satisfies the criteria
and requirements of this section;
``(C) the identity of the alien for whom authorization for
the removal proceeding is sought; and
``(D) a statement of the facts and circumstances relied on
by the Department of Justice to establish probable cause that--
``(i) the alien is an alien terrorist;
``(ii) the alien is physically present in the United
States; and
``(iii) with respect to such alien, removal under title
II would pose a risk to the national security of the United
States.
``(2) Filing.--An application under this section shall be
submitted ex parte and in camera, and shall be filed under seal
with the removal court.
``(b) Right To Dismiss.--The Attorney General may dismiss a removal
action under this title at any stage of the proceeding.
``(c) Consideration of Application.--
``(1) Basis for decision.--In determining whether to grant an
application under this section, a single judge of the removal court
may consider, ex parte and in camera, in addition to the
information contained in the application--
``(A) other information, including classified information,
presented under oath or affirmation; and
``(B) testimony received in any hearing on the application,
of which a verbatim record shall be kept.
``(2) Approval of order.--The judge shall issue an order
granting the application, if the judge finds that there is probable
cause to believe that--
``(A) the alien who is the subject of the application has
been correctly identified and is an alien terrorist present in
the United States; and
``(B) removal under title II would pose a risk to the
national security of the United States.
``(3) Denial of order.--If the judge denies the order requested
in the application, the judge shall prepare a written statement of
the reasons for the denial, taking all necessary precautions not to
disclose any classified information contained in the Government's
application.
``(d) Exclusive Provisions.--If an order is issued under this
section granting an application, the rights of the alien regarding
removal and expulsion shall be governed solely by this title, and
except as they are specifically referenced in this title, no other
provisions of this Act shall be applicable.
``SEC. 504. REMOVAL HEARING.
``(a) In General.--
``(1) Expeditious hearing.--In any case in which an application
for an order is approved under section 503(c)(2), a removal hearing
shall be conducted under this section as expeditiously as
practicable for the purpose of determining whether the alien to
whom the order pertains should be removed from the United States on
the grounds that the alien is an alien terrorist.
``(2) Public hearing.--The removal hearing shall be open to the
public.
``(b) Notice.--An alien who is the subject of a removal hearing
under this title shall be given reasonable notice of--
``(1) the nature of the charges against the alien, including a
general account of the basis for the charges; and
``(2) the time and place at which the hearing will be held.
``(c) Rights in Hearing.--
``(1) Right of counsel.--The alien shall have a right to be
present at such hearing and to be represented by counsel. Any alien
financially unable to obtain counsel shall be entitled to have
counsel assigned to represent the alien. Such counsel shall be
appointed by the judge pursuant to the plan for furnishing
representation for any person financially unable to obtain adequate
representation for the district in which the hearing is conducted,
as provided for in section 3006A of title 18, United States Code.
All provisions of that section shall apply and, for purposes of
determining the maximum amount of compensation, the matter shall be
treated as if a felony was charged.
``(2) Introduction of evidence.--Subject to the limitations in
subsection (e), the alien shall have a reasonable opportunity to
introduce evidence on the alien's own behalf.
``(3) Examination of witnesses.--Subject to the limitations in
subsection (e), the alien shall have a reasonable opportunity to
examine the evidence against the alien and to cross-examine any
witness.
``(4) Record.--A verbatim record of the proceedings and of all
testimony and evidence offered or produced at such a hearing shall
be kept.
``(5) Removal decision based on evidence at hearing.--The
decision of the judge regarding removal shall be based only on that
evidence introduced at the removal hearing.
``(d) Subpoenas.--
``(1) Request.--At any time prior to the conclusion of the
removal hearing, either the alien or the Department of Justice may
request the judge to issue a subpoena for the presence of a named
witness (which subpoena may also command the person to whom it is
directed to produce books, papers, documents, or other objects
designated therein) upon a satisfactory showing that the presence
of the witness is necessary for the determination of any material
matter. Such a request may be made ex parte except that the judge
shall inform the Department of Justice of any request for a
subpoena by the alien for a witness or material if compliance with
such a subpoena would reveal classified evidence or the source of
that evidence. The Department of Justice shall be given a
reasonable opportunity to oppose the issuance of such a subpoena.
``(2) Payment for attendance.--If an application for a subpoena
by the alien also makes a showing that the alien is financially
unable to pay for the attendance of a witness so requested, the
court may order the costs incurred by the process and the fees of
the witness so subpoenaed to be paid from funds appropriated for
the enforcement of title II.
``(3) Nationwide service.--A subpoena under this subsection may
be served anywhere in the United States.
``(4) Witness fees.--A witness subpoenaed under this subsection
shall receive the same fees and expenses as a witness subpoenaed in
connection with a civil proceeding in a court of the United States.
``(5) No access to classified information.--Nothing in this
subsection is intended to allow an alien to have access to
classified information.
``(e) Discovery.--
``(1) In general.--For purposes of this title--
``(A) discovery of information derived pursuant to the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), or otherwise collected for national security
purposes, shall not be authorized if disclosure would present a
risk to the national security of the United States;
``(B) an alien subject to removal under this title shall
not be entitled to suppress evidence that the alien alleges was
unlawfully obtained; and
``(C) section 3504 of title 18, United States Code, and
section 1806(c) of title 50, United States Code, shall not
apply if the Attorney General determines that public disclosure
would pose a risk to the national security of the United States
because it would disclose classified information or otherwise
threaten the integrity of a pending investigation.
``(2) Protective orders.--Nothing in this title shall prevent
the United States from seeking protective orders and from asserting
privileges ordinarily available to the United States to protect
against the disclosure of classified information, including the
invocation of the military and State secrets privileges.
``(3) Treatment of classified information.--
``(A) Use.--The judge shall examine, ex parte and in
camera, any evidence for which the Attorney General determines
that public disclosure would pose a risk to the national
security of the United States or to the security of any
individual because it would disclose classified information.
``(B) Submission.--With respect to such information, the
Government shall submit to the removal court an unclassified
summary of the specific evidence that does not pose that risk.
``(C) Approval.--Not later than 15 days after submission,
the judge shall approve the summary if the judge finds that it
is sufficient to enable the alien to prepare a defense. The
Government shall deliver to the alien a copy of the
unclassified summary approved under this subparagraph.
``(D) Disapproval.--
``(i) In general.--If an unclassified summary is not
approved by the removal court under subparagraph (C), the
Government shall be afforded 15 days to correct the
deficiencies identified by the court and submit a revised
unclassified summary.
``(ii) Revised summary.--If the revised unclassified
summary is not approved by the court within 15 days of its
submission pursuant to subparagraph (C), the removal
hearing shall be terminated.
``(f) Arguments.--Following the receipt of evidence, the Government
and the alien shall be given fair opportunity to present argument as to
whether the evidence is sufficient to justify the removal of the alien.
The Government shall open the argument. The alien shall be permitted to
reply. The Government shall then be permitted to reply in rebuttal.
``(g) Burden of Proof.--In the hearing, it is the Government's
burden to prove, by the preponderance of the evidence, that the alien
is subject to removal because the alien is an alien terrorist.
``(h) Rules of Evidence.--The Federal Rules of Evidence shall not
apply in a removal hearing.
``(i) Determination of Deportation.--If the judge, after
considering the evidence on the record as a whole, finds that the
Government has met its burden, the judge shall order the alien removed
and detained pending removal from the United States. If the alien was
released pending the removal hearing, the judge shall order the
Attorney General to take the alien into custody.
``(j) Written Order.--At the time of issuing a decision as to
whether the alien shall be removed, the judge shall prepare a written
order containing a statement of facts found and conclusions of law.
``(k) No Right to Ancillary Relief.--At no time shall the judge
consider or provide for relief from removal based on--
``(1) asylum under section 208;
``(2) withholding of deportation under section 243(h);
``(3) suspension of deportation under subsection (a) or (e) of
section 244;
``(4) adjustment of status under section 245; or
``(5) registry under section 249.
``SEC. 505. APPEALS.
``(a) Appeal of Denial of Application for Removal Proceedings.--
``(1) In general.--The Attorney General may seek a review of
the denial of an order sought in an application filed pursuant to

1e6a494d46c8db99bc6d4c4bcbd3cd9ceea91dd5d66aaa4cfb1028c44591d82e

of Appeals for the District of Columbia Circuit by notice of appeal
filed not later than 20 days after the date of such denial.
``(2) Record on appeal.--The entire record of the proceeding
shall be transmitted to the Court of Appeals under seal, and the
Court of Appeals shall hear the matter ex parte.
``(3) Standard of review.--The Court of Appeals shall--
``(A) review questions of law de novo; and
``(B) set aside a finding of fact only if such finding was
clearly erroneous.
``(b) Appeal of Determination Regarding Summary of Classified
Information.--
``(1) In general.--The United States may take an interlocutory
appeal to the United States Court of Appeals for the District of
Columbia Circuit of--
``(A) any determination by the judge pursuant to section
504(e)(3); or
``(B) the refusal of the court to make the findings
permitted by section 504(e)(3).
``(2) Record.--In any interlocutory appeal taken pursuant to
this subsection, the entire record, including any proposed order of
the judge, any classified information and the summary of evidence,
shall be transmitted to the Court of Appeals. The classified
information shall be transmitted under seal. A verbatim record of
such appeal shall be kept under seal in the event of any other
judicial review.
``(c) Appeal of Decision in Hearing.--
``(1) In general.--The decision of the judge after a removal
hearing may be appealed by either the alien or the Attorney General
to the United States Court of Appeals for the District of Columbia
Circuit by notice of appeal filed not later than 20 days after the
date on which the order is issued. The order shall not be enforced
during the pendency of an appeal under this subsection.
``(2) Transmittal of record.--In an appeal or review to the
Court of Appeals pursuant to this subsection--
``(A) the entire record shall be transmitted to the Court
of Appeals; and
``(B) information received in camera and ex parte, and any
portion of the order that would reveal the substance or source
of such information, shall be transmitted under seal.
``(3) Expedited appellate proceeding.--In an appeal or review
to the Court of Appeals under this subsection--
``(A) the appeal or review shall be heard as expeditiously
as practicable and the court may dispense with full briefing
and hear the matter solely on the record of the judge of the
removal court and on such briefs or motions as the court may
require to be filed by the parties;
``(B) the Court of Appeals shall issue an opinion not later
than 60 days after the date of the issuance of the final order
of the district court;
``(C) the court shall review all questions of law de novo;
and
``(D) a finding of fact shall be accorded deference by the
reviewing court and shall not be set aside unless such finding
was clearly erroneous.
``(d) Certiorari.--Following a decision by the Court of Appeals
pursuant to subsection (c), the alien or the Attorney General may
petition the Supreme Court for a writ of certiorari. In any such case,
any information transmitted to the Court of Appeals under seal shall,
if such information is also submitted to the Supreme Court, be
transmitted under seal. Any order of removal shall not be stayed
pending disposition of a writ of certiorari, except as provided by the
Court of Appeals or a Justice of the Supreme Court.
``(e) Appeal of Detention Order.--
``(1) In general.--Sections 3145 through 3148 of title 18,
United States Code, pertaining to review and appeal of a release or
detention order, penalties for failure to appear, penalties for an
offense committed while on release, and sanctions for violation of
a release condition shall apply to an alien to whom section
507(b)(1) applies. In applying the previous sentence--
``(A) for purposes of section 3145 of such title an appeal
shall be taken to the United States Court of Appeals for the
District of Columbia Circuit; and
``(B) for purposes of section 3146 of such title the alien
shall be considered released in connection with a charge of an
offense punishable by life imprisonment.
``(2) No review of continued detention.--The determinations and
actions of the Attorney General pursuant to section 507(b)(2)(C)
shall not be subject to judicial review, including application for
a writ of habeas corpus, except for a claim by the alien that
continued detention violates the alien's rights under the
Constitution. Jurisdiction over any such challenge shall lie
exclusively in the United States Court of Appeals for the District
of Columbia Circuit.
``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING.
``(a) Upon Filing Application.--
``(1) In general.--Subject to paragraphs (2) and (3), the
Attorney General may--
``(A) take into custody any alien with respect to whom an
application under section 503 has been filed; and
``(B) retain such an alien in custody in accordance with
the procedures authorized by this title.
``(2) Special rules for permanent resident aliens.--
``(A) Release hearing.--An alien lawfully admitted for
permanent residence shall be entitled to a release hearing
before the judge assigned to hear the removal hearing. Such an
alien shall be detained pending the removal hearing, unless the
alien demonstrates to the court that the alien--
``(i) is a person lawfully admitted for permanent
residence in the United States;
``(ii) if released upon such terms and conditions as
the court may prescribe (including the posting of any
monetary amount), is not likely to flee; and
``(iii) will not endanger national security, or the
safety of any person or the community, if released.
``(B) Information considered.--The judge may consider
classified information submitted in camera and ex parte in
making a determination whether to release an alien pending the
removal hearing.
``(3) Release if order denied and no review sought.--
``(A) In general.--Subject to subparagraph (B), if a judge
of the removal court denies the order sought in an application
filed pursuant to section 503, and the Attorney General does
not seek review of such denial, the alien shall be released
from custody.
``(B) Application of regular procedures.--Subparagraph (A)
shall not prevent the arrest and detention of the alien
pursuant to title II.
``(b) Conditional Release if Order Denied and Review Sought.--
``(1) In general.--If a judge of the removal court denies the
order sought in an application filed pursuant to section 503 and
the Attorney General seeks review of such denial, the judge shall
release the alien from custody subject to the least restrictive
condition, or combination of conditions, of release described in
section 3142(b) and clauses (i) through (xiv) of section
3142(c)(1)(B) of title 18, United States Code, that--
``(A) will reasonably assure the appearance of the alien at
any future proceeding pursuant to this title; and
``(B) will not endanger the safety of any other person or
the community.
``(2) No release for certain aliens.--If the judge finds no
such condition or combination of conditions, as described in
paragraph (1), the alien shall remain in custody until the
completion of any appeal authorized by this title.
``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING.
``(a) Release.--
``(1) In general.--Subject to paragraph (2), if the judge
decides that an alien should not be removed, the alien shall be
released from custody.
``(2) Custody pending appeal.--If the Attorney General takes an
appeal from such decision, the alien shall remain in custody,
subject to the provisions of section 3142 of title 18, United
States Code.
``(b) Custody and Removal.--
``(1) Custody.--If the judge decides that an alien shall be
removed, the alien shall be detained pending the outcome of any
appeal. After the conclusion of any judicial review thereof which
affirms the removal order, the Attorney General shall retain the
alien in custody and remove the alien to a country specified under
paragraph (2).
``(2) Removal.--
``(A) In general.--The removal of an alien shall be to any
country which the alien shall designate if such designation
does not, in the judgment of the Attorney General, in
consultation with the Secretary of State, impair the obligation
of the United States under any treaty (including a treaty
pertaining to extradition) or otherwise adversely affect the
foreign policy of the United States.
``(B) Alternate countries.--If the alien refuses to
designate a country to which the alien wishes to be removed or
if the Attorney General, in consultation with the Secretary of
State, determines that removal of the alien to the country so
designated would impair a treaty obligation or adversely affect
United States foreign policy, the Attorney General shall cause
the alien to be removed to any country willing to receive such
alien.
``(C) Continued detention.--If no country is willing to
receive such an alien, the Attorney General may,
notwithstanding any other provision of law, retain the alien in
custody. The Attorney General, in coordination with the
Secretary of State, shall make periodic efforts to reach
agreement with other countries to accept such an alien and at
least every 6 months shall provide to the attorney representing
the alien at the removal hearing a written report on the
Attorney General's efforts. Any alien in custody pursuant to
this subparagraph shall be released from custody solely at the
discretion of the Attorney General and subject to such
conditions as the Attorney General shall deem appropriate.
``(D) Fingerprinting.--Before an alien is removed from the
United States pursuant to this subsection, or pursuant to an
order of exclusion because such alien is excludable under
section 212(a)(3)(B), the alien shall be photographed and
fingerprinted, and shall be advised of the provisions of
section 276(b).
``(c) Continued Detention Pending Trial.--
``(1) Delay in removal.--The Attorney General may hold in
abeyance the removal of an alien who has been ordered removed,
pursuant to this title, to allow the trial of such alien on any
Federal or State criminal charge and the service of any sentence of
confinement resulting from such a trial.
``(2) Maintenance of custody.--Pending the commencement of any
service of a sentence of confinement by an alien described in
paragraph (1), such an alien shall remain in the custody of the
Attorney General, unless the Attorney General determines that
temporary release of the alien to the custody of State authorities
for confinement in a State facility is appropriate and would not
endanger national security or public safety.
``(3) Subsequent removal.--Following the completion of a
sentence of confinement by an alien described in paragraph (1), or
following the completion of State criminal proceedings which do not
result in a sentence of confinement of an alien released to the
custody of State authorities pursuant to paragraph (2), such an
alien shall be returned to the custody of the Attorney General who
shall proceed to the removal of the alien under this title.
``(d) Application of Certain Provisions Relating to Escape of
Prisoners.--For purposes of sections 751 and 752 of title 18, United
States Code, an alien in the custody of the Attorney General pursuant
to this title shall be subject to the penalties provided by those
sections in relation to a person committed to the custody of the
Attorney General by virtue of an arrest on a charge of a felony.
``(e) Rights of Aliens in Custody.--
``(1) Family and attorney visits.--An alien in the custody of
the Attorney General pursuant to this title shall be given
reasonable opportunity, as determined by the Attorney General, to
communicate with and receive visits from members of the alien's
family, and to contact, retain, and communicate with an attorney.
``(2) Diplomatic contact.--An alien in the custody of the
Attorney General pursuant to this title shall have the right to
contact an appropriate diplomatic or consular official of the
alien's country of citizenship or nationality or of any country
providing representation services therefore. The Attorney General
shall notify the appropriate embassy, mission, or consular office
of the alien's detention.''.
(b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--
Section 106(b) of the Immigration and Nationality Act (8 U.S.C.
1105a(b)) is amended by adding at the end the following sentence:
``Jurisdiction to review an order entered pursuant to the provisions of
section 235(c) concerning an alien excludable under section
212(a)(3)(B) shall rest exclusively in the United States Court of
Appeals for the District of Columbia Circuit.''.
(c) Criminal Penalty for Reentry of Alien Terrorists.--Section
276(b) of such Act (8 U.S.C. 1326(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1),
(2) by striking the period at the end of paragraph (2) and
inserting ``; or'', and
(3) by inserting after paragraph (2) the following new
paragraph:
``(3) who has been excluded from the United States pursuant to
section 235(c) because the alien was excludable under section
212(a)(3)(B) or who has been removed from the United States
pursuant to the provisions of title V, and who thereafter, without
the permission of the Attorney General, enters the United States,
or attempts to do so, shall be fined under title 18, United States
Code, and imprisoned for a period of 10 years, which sentence shall
not run concurrently with any other sentence.''.
(d) Table of Contents.--The Immigration and Nationality Act is
amended by adding at the end of the table of contents the following:
``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES
``Sec. 501. Definitions.
``Sec. 502. Establishment of removal court.
``Sec. 503. Removal court procedure.
``Sec. 504. Removal hearing.
``Sec. 505. Appeals.
``Sec. 506. Custody and release pending removal hearing.
``Sec. 507. Custody and release after removal hearing.''.
(e) Elimination of Custody Review by Habeas Corpus.--Section 106(a)
of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended--
(1) in paragraph (8), by adding ``and'' at the end;
(2) in paragraph (9), by striking ``; and'' at the end and
inserting a period; and
(3) by striking paragraph (10).
(f) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act and shall apply to all
aliens without regard to the date of entry or attempted entry into the
United States.
Subtitle B--Exclusion of Members and Representatives of Terrorist
Organizations

2c22520580bab8069e5503fd6a6c7575305f9e3497f92027e0658f3db7ce4fc1

Section 212(a)(3)(B) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(3)(B)) is amended--
(1) in clause (i)--
(A) in subclause (I), by striking ``or'' at the end;
(B) in subclause (II), by inserting ``is engaged in or''
after ``believe,''; and
(C) by inserting after subclause (II) the following:
``(III) is a representative (as defined in clause
(iv)) of a foreign terrorist organization, as
designated by the Secretary under section 219, or
``(IV) is a member of a foreign terrorist
organization, as designated by the Secretary under
section 219,''; and
(2) by adding at the end the following:
``(iv) Representative defined.--As used in this
paragraph, the term `representative' includes an officer,
official, or spokesman of an organization, and any person
who directs, counsels, commands, or induces an organization
or its members to engage in terrorist activity.''.

eea1e1a2595635767488d8c088aa074241d85e67785f30e49e132b927085c3d1

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

c4030d0a535d6a6e241a7649c233ef3df41f43a47640a5e71f70c6f015875e73

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

b32bb9cdae57081d302914d42eef27112c27fe27f9db09bfba1497f3171e72bd

(a) In General.--Section 241 of the Immigration and Nationality Act
(8 U.S.C. 1251) is amended by adding at the end the following new
subsection:
``(d) Notwithstanding any other provision of this title, an alien
found in the United States who has not been admitted to the United
States after inspection in accordance with section 235 is deemed for
purposes of this Act to be seeking entry and admission to the United
States and shall be subject to examination and exclusion by the
Attorney General under chapter 4. In the case of such an alien the
Attorney General shall provide by regulation an opportunity for the
alien to establish that the alien was so admitted.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on the first day of the first month beginning more than 180
days after the date of the enactment of this Act.
Subtitle C--Modification to Asylum Procedures

17588169d3c06711b6f0d3d45f011da470f2935ea95c59340c43be1fbc9c4908

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

f462789ef01f450a3821105f86d2cd9edf056d555811690ba455607f2a75b185

(a) In General.--Subsection (b) of section 235 of the Immigration
and Nationality Act (8 U.S.C. 1225) is amended to read as follows:
``(b)(1)(A) If the examining immigration officer determines that an
alien seeking entry--
``(i) is excludable under section 212(a)(6)(C) or 212(a)(7),
and
``(ii) does not indicate either an intention to apply for
asylum under section 208 or a fear of persecution,
the officer shall order the alien excluded from the United States
without further hearing or review.
``(B) The examining immigration officer shall refer for an
interview by an asylum officer under subparagraph (C) any alien who is
excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an
intention to apply for asylum under section 208 or a fear of
persecution.
``(C)(i) An asylum officer shall promptly conduct interviews of
aliens referred under subparagraph (B).
``(ii) If the officer determines at the time of the interview that
an alien has a credible fear of persecution (as defined in clause (v)),
the alien shall be detained for an asylum hearing before an asylum
officer under section 208.
``(iii)(I) Subject to subclause (II), if the officer determines
that the alien does not have a credible fear of persecution, the
officer shall order the alien excluded from the United States without
further hearing or review.
``(II) The Attorney General shall promulgate regulations to provide
for the immediate review by a supervisory asylum office at the port of
entry of a determination under subclause (I).
``(iv) The Attorney General shall provide information concerning
the asylum interview described in this subparagraph to aliens who may
be eligible. An alien who is eligible for such interview may consult
with a person or persons of the alien's choosing prior to the interview
or any review thereof, according to regulations prescribed by the
Attorney General. Such consultation shall be at no expense to the
Government and shall not delay the process.
``(v) For purposes of this subparagraph, the term `credible fear of
persecution' means (I) that it is more probable than not that the
statements made by the alien in support of the alien's claim are true,
and (II) that there is a significant possibility, in light of such
statements and of such other facts as are known to the officer, that
the alien could establish eligibility for asylum under section 208.
``(D) As used in this paragraph, the term `asylum officer' means an
immigration officer who--
``(i) has had professional training in country conditions,
asylum law, and interview techniques; and
``(ii) is supervised by an officer who meets the condition in
clause (i).
``(E)(i) An exclusion order entered in accordance with subparagraph
(A) is not subject to administrative appeal, except that the Attorney
General shall provide by regulation for prompt review of such an order
against an alien who claims under oath, or as permitted under penalty
of perjury under section 1746 of title 28, United States Code, after
having been warned of the penalties for falsely making such claim under
such conditions, to have been lawfully admitted for permanent
residence.
``(ii) In any action brought against an alien under section 275(a)
or section 276, the court shall not have jurisdiction to hear any claim
attacking the validity of an order of exclusion entered under
subparagraph (A).
``(2)(A) Except as provided in subparagraph (B), if the examining
immigration officer determines that an alien seeking entry is not
clearly and beyond a doubt entitled to enter, the alien shall be
detained for a hearing before a special inquiry officer.
``(B) The provisions of subparagraph (A) shall not apply--
``(i) to an alien crewman,
``(ii) to an alien described in paragraph (1)(A) or
(1)(C)(iii)(I), or
``(iii) if the conditions described in section 273(d) exist.
``(3) The decision of the examining immigration officer, if
favorable to the admission of any alien, shall be subject to challenge
by any other immigration officer and such challenge shall operate to
take the alien whose privilege to enter is so challenged, before a
special inquiry officer for a hearing on exclusion of the alien.''.
(b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C.
1227(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``Deportation'' and inserting ``Subject to section 235(b)(1),
deportation'', and
(2) in the first sentence of paragraph (2), by striking ``If''
and inserting ``Subject to section 235(b)(1), if''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month that begins more than 180
days after the date of the enactment of this Act.

b7032312f435d543dc7449805f5af7cfd7ead69375494a192602000448eb8529

(a) Preclusion of Judicial Review.--Section 106 of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended--
(1) by amending the section heading to read as follows:
``judicial review of orders of deportation and exclusion, and special
exclusion''; and
(2) by adding at the end the following new subsection:
``(e)(1) Notwithstanding any other provision of law, and except as
provided in this subsection, no court shall have jurisdiction to review
any individual determination, or to entertain any other cause or claim,
arising from or relating to the implementation or operation of section
235(b)(1). Regardless of the nature of the action or claim, or the
party or parties bringing the action, no court shall have jurisdiction
or authority to enter declaratory, injunctive, or other equitable
relief not specifically authorized in this subsection nor to certify a
class under Rule 23 of the Federal Rules of Civil Procedure.
``(2) Judicial review of any cause, claim, or individual
determination covered under paragraph (1) shall only be available in
habeas corpus proceedings, and shall be limited to determinations of--
``(A) whether the petitioner is an alien, if the petitioner
makes a showing that the petitioner's claim of United States
nationality is not frivolous;
``(B) whether the petitioner was ordered specially excluded
under section 235(b)(1)(A); and
``(C) whether the petitioner can prove by a preponderance of
the evidence that the petitioner is an alien lawfully admitted for
permanent residence and is entitled to such review as is provided
by the Attorney General pursuant to section 235(b)(1)(E)(i).
``(3) In any case where the court determines that an alien was not
ordered specially excluded, or was not properly subject to special
exclusion under the regulations adopted by the Attorney General, the
court may order no relief beyond requiring that the alien receive a
hearing in accordance with section 236, or a determination in
accordance with section 235(c) or 273(d).
``(4) In determining whether an alien has been ordered specially
excluded, the court's inquiry shall be limited to whether such an order
was in fact issued and whether it relates to the petitioner.''.
(b) Preclusion of Collateral Attacks.--Section 235 of such Act (8
U.S.C. 1225) is amended by adding at the end the following new
subsection:
``(d) In any action brought for the assessment of penalties for
improper entry or re-entry of an alien under section 275 or section
276, no court shall have jurisdiction to hear claims collaterally
attacking the validity of orders of exclusion, special exclusion, or
deportation entered under this section or sections 236 and 242.''.
(c) Clerical Amendment.--The item relating to section 106 in the
table of contents of such Act is amended to read as follows:
``Sec. 106. Judicial review of orders of deportation and exclusion, and
special exclusion.''.
Subtitle D--Criminal Alien Procedural Improvements

a9370145b820f75eec87bfdbb844cbba17b3c099e3e1900013972d4f645beef1

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

3c8d8e5fcfef6057416cf8413081d26137c99b81fcc1d5ae6e799612acd36af3

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.''.

0c6a842c98643a4c371c41a8af9707143dc7029ceed3bda802200856b84ae623

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''.

45bbd1973facb886e278c9b2df6cd88102bb3f74159fe5703cbcc48cac71bb2f

Antiterrorism and Effective Death Penalty Act of 1996

Other Sections