< Back to H.R. 2703 (104th Congress, 1995–1996)

Text of the Effective Death Penalty and Public Safety Act of 1996

This bill was introduced in a previous session of Congress and was passed by the House on March 14, 1996 but was never passed by the Senate. The text of the bill below is as of Dec 5, 1995 (Introduced).

Source: GPO

HR 2703 IH

104th CONGRESS

1st Session

H. R. 2703

To combat terrorism.

IN THE HOUSE OF REPRESENTATIVES

December 5, 1995

Mr. HYDE (for himself, Mr. MCCOLLUM, Mr. SMITH of Texas, and Mr. BARR of Georgia) introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To combat terrorism.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Comprehensive Antiterrorism Act of 1995’.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

      Sec. 1. Short title.

      Sec. 2. Table of contents.

TITLE I--CRIMINAL ACTS

      Sec. 101. Protection of Federal employees.

      Sec. 102. Prohibiting material support to terrorist organizations.

      Sec. 103. Modification of material support provision.

      Sec. 104. Acts of terrorism transcending national boundaries.

      Sec. 105. Conspiracy to harm people and property overseas.

      Sec. 106. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.

      Sec. 107. Expansion and modification of weapons of mass destruction statute.

      Sec. 108. Addition of offenses to the money laundering statute.

      Sec. 109. Expansion of Federal jurisdiction over bomb threats.

      Sec. 110. Clarification of maritime violence jurisdiction.

      Sec. 111. Possession of stolen explosives prohibited.

      Sec. 112. Study to determine standards for determining what ammunition is capable of penetrating police body armor.

TITLE II--INCREASED PENALTIES

      Sec. 201. Mandatory minimum for certain explosives offenses.

      Sec. 202. Increased penalty for explosive conspiracies.

      Sec. 203. Increased and alternate conspiracy penalties for terrorism offenses.

      Sec. 204. Mandatory penalty for transferring a firearm knowing that it will be used to commit a crime of violence.

      Sec. 205. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.

      Sec. 206. Directions to Sentencing Commission.

TITLE III--INVESTIGATIVE TOOLS

      Sec. 301. Pen registers and trap and trace devices in foreign counterintelligence investigations.

      Sec. 302. Disclosure of certain consumer reports to the Federal Bureau of Investigation.

      Sec. 303. Disclosure of business records held by third parties in foreign counterintelligence cases.

      Sec. 304. Study of tagging explosive materials, detection of explosives and explosive materials, rendering explosive components inert, and imposing controls of precursors of explosives.

      Sec. 305. Application of statutory exclusionary rule concerning intercepted wire or oral communications.

      Sec. 306. Exclusion of certain types of information from wiretap-related definitions.

      Sec. 307. Access to telephone billing records.

      Sec. 308. Requirement to preserve record evidence.

      Sec. 309. Detention hearing.

      Sec. 310. Reward authority of the Attorney General.

      Sec. 311. Protection of Federal Government buildings in the District of Columbia.

      Sec. 312. Study of thefts from armories; report to the Congress.

TITLE IV--NUCLEAR MATERIALS

      Sec. 401. Expansion of nuclear materials prohibitions.

TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

      Sec. 501. Definitions.

      Sec. 502. Requirement of detection agents for plastic explosives.

      Sec. 503. Criminal sanctions.

      Sec. 504. Exceptions.

      Sec. 505. Effective date.

TITLE VI--IMMIGRATION-RELATED PROVISIONS

Subtitle A--Removal of Alien Terrorists

Part 1--Removal Procedures for Alien Terrorists

      Sec. 601. Removal procedures for alien terrorists.

      Sec. 602. Funding for detention and removal of alien terrorists.

Part 2--Exclusion and Denial of Asylum for Alien Terrorists

      Sec. 611. Membership in terrorist organization as ground for exclusion.

      Sec. 612. Denial of asylum to alien terrorists.

      Sec. 613. Denial of other relief for alien terrorists.

Subtitle B--Expedited Exclusion

      Sec. 621. Inspection and exclusion by immigration officers.

      Sec. 622. Judicial review.

      Sec. 623. Exclusion of aliens who have not been inspected and admitted.

Subtitle C--Improved Information and Processing

Part 1--Immigration Procedures

      Sec. 631. Access to certain confidential INS files through court order.

      Sec. 632. Waiver authority concerning notice of denial of application for visas.

Part 2--Asset Forfeiture for Passport and Visa Offenses

      Sec. 641. Criminal forfeiture for passport and visa related offenses.

      Sec. 642. Subpoenas for bank records.

      Sec. 643. Effective date.

Subtitle D--Employee Verification by Security Services Companies

      Sec. 651. Permitting security services companies to request additional documentation.

Subtitle E--Criminal Alien Deportation Improvements

      Sec. 661. Short title.

      Sec. 662. Additional expansion of definition of aggravated felony.

      Sec. 663. Deportation procedures for certain criminal aliens who are not permanent residents.

      Sec. 664. Restricting the defense to exclusion based on 7 years permanent residence for certain criminal aliens.

      Sec. 665. Limitation on collateral attacks on underlying deportation order.

      Sec. 666. Criminal alien identification system.

      Sec. 667. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.

      Sec. 668. Authority for alien smuggling investigations.

      Sec. 669. Expansion of criteria for deportation for crimes of moral turpitude.

      Sec. 670. Payments to political subdivisions for costs of incarcerating illegal aliens.

      Sec. 671. Miscellaneous provisions.

      Sec. 672. Construction of expedited deportation requirements.

      Sec. 673. Study of prisoner transfer treaty with Mexico.

      Sec. 674. Justice Department assistance in bringing to justice aliens who flee prosecution for crimes in the United States.

      Sec. 675. Prisoner transfer treaties.

      Sec. 676. Interior repatriation program.

      Sec. 677. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.

TITLE VII--AUTHORIZATION AND FUNDING

      Sec. 701. Firefighter and emergency services training.

      Sec. 702. Assistance to foreign countries to procure explosive detection devices and other counter-terrorism technology.

      Sec. 703. Research and development to support counter-terrorism technologies.

TITLE VIII--MISCELLANEOUS

      Sec. 801. Study of State licensing requirements for the purchase and use of high explosives.

      Sec. 802. Compensation of victims of terrorism.

      Sec. 803. Jurisdiction for lawsuits against terrorist States.

      Sec. 804. Study of publicly available instructional material on the making of bombs, destructive devices, and weapons of mass destruction.

      Sec. 805. Compilation of statistics relating to intimidation of Government employees.

      Sec. 806. Victim Restitution Act of 1995.

TITLE IX--HABEAS CORPUS REFORM

      Sec. 901. Filing deadlines.

      Sec. 902. Appeal.

      Sec. 903. Amendment of Federal rules of appellate procedure.

      Sec. 904. Section 2254 amendments.

      Sec. 905. Section 2255 amendments.

      Sec. 906. Limits on second or successive applications.

      Sec. 907. Death penalty litigation procedures.

      Sec. 908. Technical amendment.

      Sec. 909. Severability.

TITLE I--CRIMINAL ACTS

SEC. 101. PROTECTION OF FEDERAL EMPLOYEES.

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

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

    ‘Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished, in the case of murder, as provided under section 1111, or in the case of manslaughter, as provided under section 1112, or, in the case of attempted murder or manslaughter, as provided in section 1113.’.

    (b) THREATS AGAINST FORMER OFFICERS AND EMPLOYEES- Section 115(a)(2) of title 18, United States Code, is amended by inserting ‘, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or’ after ‘assaults, kidnaps, or murders, or attempts to kidnap or murder’.

SEC. 102. PROHIBITING MATERIAL SUPPORT TO TERRORIST ORGANIZATIONS.

    (a) IN GENERAL- That chapter 113B of title 18, United States Code, that relates to terrorism is amended by adding at the end the following:

‘Sec. 2339B. Providing material support to terrorist organizations

    ‘(a) OFFENSE- Whoever, within the United States, knowingly provides material support or resources in or affecting interstate or foreign commerce, to any organization which the person knows or should have known is a terrorist organization that has been designated under section 212(a)(3)(B)(iv) of the Immigration and Nationality Act as a terrorist organization shall be fined under this title or imprisoned not more than 10 years, or both.

    ‘(b) DEFINITION- As used in this section, the term ‘material support or resources’ has the meaning given that term in section 2339A of this title.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:

      ‘2339B. Providing material support to terrorist organizations.’.

SEC. 103. MODIFICATION OF MATERIAL SUPPORT PROVISION.

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

‘Sec. 2339A. Providing material support to terrorists

    ‘(a) OFFENSE- Whoever, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for or in carrying out, a violation of section 32, 37, 351, 844(f) or (i), 956, 1114,

1116, 1203, 1361, 1363, 1751, 2280, 2281, 2332, 2332a, or 2332b of this title or section 46502 of title 49, or in preparation for or in carrying out the concealment or an escape from the commission of any such violation, shall be fined under this title, imprisoned not more than ten years, or both.

    ‘(b) DEFINITION- In this section, the term ‘material support or resources’ means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.’.

SEC. 104. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES.

    (a) OFFENSE- Title 18, United States Code, is amended by inserting after section 2332a the following:

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

    ‘(a) PROHIBITED ACTS-

      ‘(1) Whoever, involving any conduct transcending national boundaries and in a circumstance described in subsection (b)--

        ‘(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any individual within the United States; or

        ‘(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States;

      in violation of the laws of any State or the United States shall be punished as prescribed in subsection (c).

      ‘(2) Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished as prescribed in subsection (c).

    ‘(b) JURISDICTIONAL BASES- The circumstances referred to in subsection (a) are--

      ‘(1) any of the offenders travels in, or uses the mail or any facility of, interstate or foreign commerce in furtherance of the offense or to escape apprehension after the commission of the offense;

      ‘(2) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated;

      ‘(3) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, executive, or judicial branches, or of any department or agency, of the United States;

      ‘(4) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, used by, or leased to the United States, or any department or agency thereof;

      ‘(5) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or

      ‘(6) the offense is committed in those places within the United States that are in the special maritime and territorial jurisdiction of the United States.

    Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of such circumstances is applicable to at least one offender.

    ‘(c) PENALTIES-

      ‘(1) Whoever violates this section shall be punished--

        ‘(A) for a killing or if death results to any person from any other conduct prohibited by this section by death, or by imprisonment for any term of years or for life;

        ‘(B) for kidnapping, by imprisonment for any term of years or for life;

        ‘(C) for maiming, by imprisonment for not more than 35 years;

        ‘(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years;

        ‘(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years;

        ‘(F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and

        ‘(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years.

      ‘(2) Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment.

    ‘(d) LIMITATION ON PROSECUTION- No indictment shall be sought nor any information filed for any offense described in this section until the Attorney General, or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions, makes a written certification that, in the judgment of the certifying official, such offense, or any activity preparatory to or meant to conceal its commission, is a Federal crime of terrorism.

    ‘(e) PROOF REQUIREMENTS-

      ‘(1) The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment.

      ‘(2) In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted.

    ‘(f) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction--

      ‘(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and

      ‘(2) over conduct which, under section 3 of this title, renders any person an accessory after the fact to an offense under subsection (a).

    ‘(g) DEFINITIONS- As used in this section--

      ‘(1) the term ‘conduct transcending national boundaries’ means conduct occurring outside the United States in addition to the conduct occurring in the United States;

      ‘(2) the term ‘facility of interstate or foreign commerce’ has the meaning given that term in section 1958(b)(2) of this title;

      ‘(3) the term ‘serious bodily injury’ has the meaning prescribed in section 1365(g)(3) of this title;

      ‘(4) the term ‘territorial sea of the United States’ means all waters extending seaward to 12 nautical miles from the baselines of the United States determined in accordance with international law; and

      ‘(5) the term ‘Federal crime of terrorism’ means an offense that--

        ‘(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and

        ‘(B) is a violation of--

          ‘(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 (relating to biological weapons), 351 (relating to congressional, cabinet, and Supreme Court assassination, kidnapping, and assault), 831 (relating to nuclear weapons), 842(m) or (n) (relating to plastic explosives), 844(e) (relating to certain bombings), 844(f) or (i) (relating to arson and bombing of certain property), 956 (relating to conspiracy to commit violent acts in foreign countries), 1114 (relating to protection of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to injury of Government property), 1362 (relating to destruction of communication lines), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366 (relating to destruction of energy facility), 1751 (relating to Presidential and Presidential staff assassination, kidnapping, and assault), 2152 (relating to injury of harbor defenses), 2155 (relating to destruction of national defense materials, premises, or utilities), 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and violence outside the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture) of this title;

          ‘(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954; or

          ‘(iii) section 46502 (relating to aircraft piracy), or 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.

    ‘(h) INVESTIGATIVE AUTHORITY- In addition to any other investigatory authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of the chapter 113B of title 18, United States Code, that relates to terrorism is amended by inserting after the item relating to section 2332a the following new item:

      ‘2332b. Acts of terrorism transcending national boundaries.’.

    (c) STATUTE OF LIMITATIONS AMENDMENT- Section 3286 of title 18, United States Code, is amended by--

      (1) striking ‘any offense’ and inserting ‘any non-capital offense’;

      (2) striking ‘36’ and inserting ‘37’;

      (3) striking ‘2331’ and inserting ‘2332’;

      (4) striking ‘2339’ and inserting ‘2332a’; and

      (5) inserting ‘2332b (acts of terrorism transcending national boundaries),’ after ‘(use of weapons of mass destruction),’.

    (d) PRESUMPTIVE DETENTION- Section 3142(e) of title 18, United States Code, is amended by inserting ‘, 956(a), or 2332b’ after ‘section 924(c)’.

    (e) CONFORMING AMENDMENT- Section 846 of title 18, United States Code, is amended by striking ‘In addition to any other’ and all that follows through the end of the section.

SEC. 105. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS.

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

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

    ‘(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2).

    ‘(2) The punishment for an offense under subsection (a)(1) of this section is--

      ‘(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and

      ‘(B) imprisonment for not more than 35 years if the offense is conspiracy to maim.

    ‘(b) Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years.’.

    (b) CLERICAL AMENDMENT- The item relating to section 956 in the table of sections at the beginning of chapter 45 of title 18, United States Code, is amended to read as follows:

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

SEC. 106. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER CERTAIN TERRORISM OFFENSES OVERSEAS.

    (a) AIRCRAFT PIRACY- Section 46502(b) of title 49, United States Code, is amended--

      (1) in paragraph (1), by striking ‘and later found in the United States’;

      (2) so that paragraph (2) reads as follows:

    ‘(2) There is jurisdiction over the offense in paragraph (1) if--

      ‘(A) a national of the United States was aboard the aircraft;

      ‘(B) an offender is a national of the United States; or

      ‘(C) an offender is afterwards found in the United States.’; and

      (3) by inserting after paragraph (2) the following:

    ‘(3) For purposes of this subsection, the term ‘national of the United States’ has the meaning prescribed

in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’.

    (b) DESTRUCTION OF AIRCRAFT OR AIRCRAFT FACILITIES- Section 32(b) of title 18, United States Code, is amended--

      (1) by striking ‘, if the offender is later found in the United States,’; and

      (2) by inserting at the end the following: ‘There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. For purposes of this subsection, the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act.’.

    (c) MURDER OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS- Section 1116 of title 18, United States Code, is amended--

      (1) in subsection (b), by adding at the end the following:

      ‘(7) ‘National of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’; and

      (2) in subsection (c), by striking the first sentence and inserting the following: ‘If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.’.

    (d) PROTECTION OF FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS- Section 112 of title 18, United States Code, is amended--

      (1) in subsection (c), by inserting ‘national of the United States’,’ before ‘and’; and

      (2) in subsection (e), by striking the first sentence and inserting the following: ‘If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.’.

    (e) THREATS AND EXTORTION AGAINST FOREIGN OFFICIALS AND CERTAIN OTHER PERSONS- Section 878 of title 18, United States Code, is amended--

      (1) in subsection (c), by inserting ‘national of the United States’,’ before ‘and’; and

      (2) in subsection (d), by striking the first sentence and inserting the following: ‘If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.’.

    (f) KIDNAPPING OF INTERNATIONALLY PROTECTED PERSONS- Section 1201(e) of title 18, United States Code, is amended--

      (1) by striking the first sentence and inserting the following: ‘If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.’; and

      (2) by adding at the end the following: ‘For purposes of this subsection, the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’.

    (g) VIOLENCE AT INTERNATIONAL AIRPORTS- Section 37(b)(2) of title 18, United States Code, is amended--

      (1) by inserting ‘(A)’ before ‘the offender is later found in the United States’; and

      (2) by inserting ‘; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))’ after ‘the offender is later found in the United States’.

    (h) BIOLOGICAL WEAPONS- Section 178 of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (3);

      (2) by striking the period at the end of paragraph (4) and inserting ‘; and’; and

      (3) by adding the following at the end:

      ‘(5) the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).’.

SEC. 107. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION STATUTE.

    Section 2332a of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) by inserting ‘AGAINST A NATIONAL OR WITHIN THE UNITED STATES’ after ‘OFFENSE’;

        (B) by inserting ‘, without lawful authority’ after ‘A person who’;

        (C) by inserting ‘threatens,’ before ‘attempts or conspires to use, a weapon of mass destruction’; and

        (D) by inserting ‘and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce’ before the semicolon at the end of paragraph (2);

      (2) in subsection (b)(2)(A), by striking ‘section 921’ and inserting ‘section 921(a)(4) (other than subparagraphs (B) and (C))’;

      (3) in subsection (b), so that subparagraph (B) of paragraph (2) reads as follows:

        ‘(B) any weapon that is designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;’;

      (4) by redesignating subsection (b) as subsection (c); and

      (5) by inserting after subsection (a) the following new subsection:

    ‘(b) OFFENSE BY NATIONAL OUTSIDE THE UNITED STATES- Any national of the United States who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.’.

SEC. 108. ADDITION OF OFFENSES TO THE MONEY LAUNDERING STATUTE.

    (a) MURDER AND DESTRUCTION OF PROPERTY- Section 1956(c)(7)(B)(ii) of title 18, United States Code, is amended by striking ‘or extortion;’ and inserting ‘extortion, murder, or destruction of property by means of explosive or fire;’.

    (b) SPECIFIC OFFENSES- Section 1956(c)(7)(D) of title 18, United States Code, is amended--

      (1) by inserting after ‘an offense under’ the following: ‘section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member),’;

      (2) by inserting after ‘section 215 (relating to commissions or gifts for procuring loans),’ the following: ‘section 351 (relating to Congressional or Cabinet officer assassination),’;

      (3) by inserting after ‘section 793, 794, or 798 (relating to espionage),’ the following: ‘section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),’;

      (4) by inserting after ‘section 875 (relating to interstate communications),’ the following: ‘section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),’;

      (5) by inserting after ‘1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),’ the following: ‘section 1111 (relating to murder), section 1114 (relating to protection of officers and employees of the United States), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons),’;

      (6) by inserting after ‘section 1203 (relating to hostage taking),’ the following: ‘section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),’;

      (7) by inserting after ‘section 1708 (theft from the mail),’ the following: ‘section 1751 (relating to Presidential assassination),’;

      (8) by inserting after ‘2114 (relating to bank and postal robbery and theft),’ the following: ‘section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),’; and

      (9) by striking ‘of this title’ and inserting the following: ‘section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), section 2339A (relating to providing material support to terrorists) of this title, section 46502 of title 49, United States Code’.

SEC. 109. EXPANSION OF FEDERAL JURISDICTION OVER BOMB THREATS.

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

SEC. 110. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION.

    Section 2280(b)(1)(A) of title 18, United States Code, is amended--

      (1) in clause (ii), by striking ‘and the activity is not prohibited as a crime by the State in which the activity takes place’; and

      (2) in clause (iii), by striking ‘the activity takes place on a ship flying the flag of a foreign country or outside the United States,’.

SEC. 111. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED.

    Section 842(h) of title 18, United States Code, is amended to read as follows:

    ‘(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.’.

SEC. 112. STUDY TO DETERMINE STANDARDS FOR DETERMINING WHAT AMMUNITION IS CAPABLE OF PENETRATING POLICE BODY ARMOR.

    The National Institute of Justice is directed to perform a study of, and to recommend to Congress, a methodology for determining what ammunition, designed for handguns, is capable of penetrating police body armor. Not later than 6 months after the date of the enactment of this Act, the National Institute of Justice shall report to Congress the results of such study and such recommendations.

TITLE II--INCREASED PENALTIES

SEC. 201. MANDATORY MINIMUM FOR CERTAIN EXPLOSIVES OFFENSES.

    (a) INCREASED PENALTIES FOR DAMAGING CERTAIN PROPERTY- Section 844(f) of title 18, United States Code, is amended to read as follows:

    ‘(f) Whoever damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any personal or real property in whole or in part owned, possessed, or used by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance shall be fined under this title or imprisoned for not more than 25 years, or both, but--

      ‘(1) if personal injury results to any person other than the offender, the term of imprisonment shall be not more than 40 years;

      ‘(2) if fire or an explosive is used and its use creates a substantial risk of serious bodily injury to any person other than the offender, the term of imprisonment shall not be less than 20 years; and

      ‘(3) if death results to any person other than the offender, the offender shall be subject to the death penalty or imprisonment for any term of years not less than 30, or for life.’.

    (b) CONFORMING AMENDMENT- Section 81 of title 18, United States Code, is amended by striking ‘fined under this title or imprisoned not more than five years, or both’ and inserting ‘imprisoned not more than 25 years or fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both’.

    (c) STATUTE OF LIMITATION FOR ARSON OFFENSES-

      (1) Chapter 213 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 3295. Arson offenses

    ‘No person shall be prosecuted, tried, or punished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 of this title unless the indictment is found or the information is instituted within 7 years after the date on which the offense was committed.’.

      (2) The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item:

      ‘3295. Arson offenses.’.

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

SEC. 202. INCREASED PENALTY FOR EXPLOSIVE CONSPIRACIES.

    Section 844 of title 18, United States Code, is amended by adding at the end the following:

    ‘(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as those prescribed for the offense the commission of which was the object of the conspiracy.’.

SEC. 203. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM OFFENSES.

    (a) TITLE 18 OFFENSES-

      (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting ‘or conspires’ after ‘attempts’.

      (2) Section 115(b)(2) of title 18, United States Code, is amended by striking ‘or attempted kidnapping’ both places it appears and inserting ‘, attempted kidnapping, or conspiracy to kidnap’.

      (3)(A) Section 115(b)(3) of title 18, United States Code, is amended by striking ‘or attempted murder’ and inserting ‘, attempted murder, or conspiracy to murder’.

      (B) Section 115(b)(3) of title 18, United States Code, is amended by striking ‘and 1113’ and inserting ‘, 1113, and 1117’.

      (4) Section 175(a) of title 18, United States Code, is amended by inserting ‘or conspires to do so,’ after ‘any organization to do so,’.

    (b) AIRCRAFT PIRACY-

      (1) Section 46502(a)(2) of title 49, United States Code, is amended by inserting ‘or conspiring’ after ‘attempting’.

      (2) Section 46502(b)(1) of title 49, United States Code, is amended by inserting ‘or conspiring to commit’ after ‘committing’.

SEC. 204. MANDATORY PENALTY FOR TRANSFERRING A FIREARM KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 924(h) of title 18, United States Code, is amended--

      (1) by inserting ‘or having reasonable cause to believe’ after ‘knowing’; and

      (2) by striking ‘imprisoned not more than 10 years, fined in accordance with this title, or both.’ and inserting ‘subject to the same penalties as may be imposed under subsection (c) for a first conviction for the use or carrying of the firearm.’.

SEC. 205. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE.

    Section 844 of title 18, United States Code, is amended by adding at the end the following:

    ‘(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3) of this title) or drug trafficking crime (as defined in section 924(c)(2) of this title) shall be subject to the same penalties as may be imposed under subsection (h) for a first conviction for the use or carrying of the explosive materials.’.

SEC. 206. DIRECTIONS TO SENTENCING COMMISSION.

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

TITLE III--INVESTIGATIVE TOOLS

SEC. 301. PEN REGISTERS AND TRAP AND TRACE DEVICES IN FOREIGN COUNTERINTELLIGENCE INVESTIGATIONS.

    (a) APPLICATION- Section 3122(b)(2) of title 18, United States Code, is amended by inserting ‘or foreign counterintelligence’ after ‘criminal’.

    (b) ORDER-

      (1) Section 3123(a) of title 18, United States Code, is amended by inserting ‘or foreign counterintelligence’ after ‘criminal’.

      (2) Section 3123(b)(1) of title 18, United States Code, is amended in subparagraph (B), by striking ‘criminal’.

SEC. 302. DISCLOSURE OF CERTAIN CONSUMER REPORTS TO THE FEDERAL BUREAU OF INVESTIGATION.

    (a) IN GENERAL- The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by adding after section 623 the following:

‘SEC. 624. DISCLOSURES TO THE FEDERAL BUREAU OF INVESTIGATION FOR FOREIGN COUNTERINTELLIGENCE PURPOSES.

    ‘(a) IDENTITY OF FINANCIAL INSTITUTIONS- (1) Notwithstanding section 604 or any other provision of this title, a court or magistrate judge may issue an order ex parte, upon application by the Director of the Federal Bureau of Investigation (or the Director’s designee, whose rank shall be no lower than Assistant Special Agent in Charge), directing a consumer reporting agency to furnish to the Federal Bureau of Investigation the names and addresses of all financial institutions (as that term is defined in section 1101 of the Right to Financial Privacy Act of 1978) at which a consumer maintains or has maintained an account, to the extent that information is in the files of the agency. The court or magistrate judge shall issue the order if the court or magistrate judge finds, that--

      ‘(A) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and

      ‘(B) there are specific and articulable facts giving reason to believe that the consumer--

        ‘(i) is a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978) or a person who is not a United States person (as defined in such section 101) and is an official of a foreign power; or

        ‘(ii) is an agent of a foreign power and is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States.

    ‘(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation.

    ‘(b) IDENTIFYING INFORMATION- (1) Notwithstanding section 604 or any other provision of this title, a court or magistrate judge shall issue an order ex parte, upon application by the Director of the Federal Bureau of Investigation (or the Director’s designee, whose rank shall be no lower than Assistant Special Agent in Charge), directing a consumer reporting agency to furnish identifying information respecting a consumer, limited to name, address, former addresses, places of employment, or former places of employment, to the Federal Bureau of Investigation. The court or magistrate judge shall issue the order if the court or magistrate judge finds, that--

      ‘(A) such information is necessary to the conduct of an authorized foreign counterintelligence investigation; and

      ‘(B) there is information giving reason to believe that the consumer has been, or is, in contact with a foreign power or an agent of a foreign power (as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978).

    ‘(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation.

    ‘(c) COURT ORDER FOR DISCLOSURE OF CONSUMER REPORTS- (1) Notwithstanding section 604 or any other provision of this title, if requested in writing by the Director of the Federal Bureau of Investigation (or the Director’s designee, whose rank shall be no lower than Assistant Special Agent in Charge), a court may issue an order ex parte directing a consumer reporting agency to furnish a consumer report to the Federal Bureau of Investigation, after the court or magistrate finds, in a proceeding in camera, that--

      ‘(A) the consumer report is necessary for the conduct of an authorized foreign counterintelligence investigation; and

      ‘(B) there are specific and articulable facts giving reason to believe that the consumer whose consumer report is sought--

        ‘(i) is an agent of a foreign power; and

        ‘(ii) is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States.

    ‘(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation.

    ‘(d) CONFIDENTIALITY- (1) No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall disclose to any person, other than officers, employees, or agents of a consumer reporting agency necessary to fulfill the requirement to disclose information to the Federal Bureau of Investigation under this section, that the Federal Bureau of Investigation has sought or obtained the identity of financial institutions or a consumer report respecting any consumer under subsection (a), (b), or (c).

    ‘(2) No consumer reporting agency or officer, employee, or agent of a consumer reporting agency shall include in any consumer report any information that would indicate that the Federal Bureau of Investigation has sought or obtained such information or a consumer report.

    ‘(e) PAYMENT OF FEES- The Federal Bureau of Investigation is authorized, subject to the availability of appropriations, pay to the consumer reporting agency assembling or providing reports or information in accordance with procedures established under this section, a fee for reimbursement for such costs as are reasonably necessary and which have been directly incurred in searching, reproducing, or transporting books, papers, records, or other data required or requested to be produced under this section.

    ‘(f) LIMIT ON DISSEMINATION- The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside of the Federal Bureau of Investigation, except--

      ‘(1) to the Department of Justice or any other law enforcement agency, as may be necessary for the approval or conduct of a foreign counterintelligence investigation; or

      ‘(2) where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation.

    ‘(g) RULES OF CONSTRUCTION- Nothing in this section shall be construed to prohibit information from being furnished by the Federal Bureau of Investigation pursuant to a subpoena or court order, or in connection with a judicial or administrative proceeding to enforce the provisions of this Act. Nothing in this section shall be construed to authorize or permit the withholding of information from the Congress.

    ‘(h) REPORTS TO CONGRESS- On an annual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence and the Committee on Banking and Financial Services of the House of Representatives, and the Select Committee on Intelligence and the Committee on Banking, Housing, and Urban Affairs of the Senate concerning all requests made pursuant to subsections (a), (b), and (c).

    ‘(i) DAMAGES- Any agency or department of the United States obtaining or disclosing any consumer reports, records, or information contained therein in violation of this section is liable to any person harmed by the violation in an amount equal to the sum of--

      ‘(1) $100, without regard to the volume of consumer reports, records, or information involved;

      ‘(2) any actual damages sustained by the person harmed as a result of the disclosure;

      ‘(3) if the violation is found to have been willful or intentional, such punitive damages as a court may allow; and

      ‘(4) in the case of any successful action to enforce liability under this subsection, the costs of the action, together with reasonable attorney fees, as determined by the court.

    ‘(j) DISCIPLINARY ACTIONS FOR VIOLATIONS- If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation.

    ‘(k) GOOD-FAITH EXCEPTION- Notwithstanding any other provision of this title, any consumer reporting agency or agent or employee thereof making disclosure of consumer reports or identifying information pursuant to this subsection in good-faith reliance upon a certification of the Federal Bureau of Investigation pursuant to provisions of this section shall not be liable to any person for such disclosure under this title, the constitution of any State, or any law or regulation of any State or any political subdivision of any State notwithstanding.

    ‘(l) INJUNCTIVE RELIEF- In addition to any other remedy contained in this section, injunctive relief shall be available to require compliance with the procedures of this section. In the event of any successful action under this subsection, costs together with reasonable attorney fees, as determined by the court, may be recovered.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by adding after the item relating to section 623 the following new item:

      ‘624. Disclosures to the Federal Bureau of Investigation for foreign counterintelligence purposes.’.

SEC. 303. DISCLOSURE OF BUSINESS RECORDS HELD BY THIRD PARTIES IN FOREIGN COUNTERINTELLIGENCE CASES.

    (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 121 the following:

‘CHAPTER 122--ACCESS TO CERTAIN RECORDS

‘Sec.

      ‘2720. Disclosure of business records held by third parties in foreign counterintelligence cases.

‘Sec. 2720. Disclosure of business records held by third parties in foreign counterintelligence cases

    ‘(a)(1) A court or magistrate judge may issue an order ex parte, upon application by the Director of the Federal Bureau of Investigation (or the Director’s designee, whose rank shall be no lower than Assistant Special Agent in Charge), directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility to furnish any records in its possession to the Federal Bureau of Investigation. The court or magistrate judge shall issue the order if the court or magistrate judge finds that--

      ‘(A) such records are necessary for counter-terrorism or foreign counterintelligence purposes; and

      ‘(B) there are specific and articulable facts giving reason to believe that the person to whom the records pertain is--

        ‘(i) a foreign power; or

        ‘(ii) an agent of a foreign power and is engaging or has engaged in international terrorism (as that term is defined in section 101(c) of the Foreign Intelligence Surveillance Act of 1978) or clandestine intelligence activities that involve or may involve a violation of criminal statutes of the United States.

    ‘(2) An order issued under this subsection shall not disclose that it is issued for purposes of a counterintelligence investigation.

    ‘(b) No common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, or any officer, employee, or agent of such common carrier, public accommodation facility, physical storage facility, or vehicle rental facility, shall disclose to any person, other than those officers, agents, or employees of the common carrier, public accommodation facility, physical storage facility, or vehicle rental facility necessary to fulfill the requirement to disclose the information to the Federal Bureau of Investigation under this section.

    ‘(c)(1) The Federal Bureau of Investigation may not disseminate information obtained pursuant to this section outside the Federal Bureau of Investigation, except--

      ‘(A) to the Department of Justice or any other law enforcement agency, as may be necessary for the approval or conduct of a foreign counterintelligence investigation; or

      ‘(B) where the information concerns a person subject to the Uniform Code of Military Justice, to appropriate investigative authorities within the military department concerned as may be necessary for the conduct of a joint foreign counterintelligence investigation.

    ‘(2) Any agency or department of the United States obtaining or disclosing any information in violation of this paragraph shall be liable to any person harmed by the violation in an amount equal to the sum of--

      ‘(A) $100 without regard to the volume of information involved;

      ‘(B) any actual damages sustained by the person harmed as a result of the violation;

      ‘(C) if the violation is willful or intentional, such punitive damages as a court may allow; and

      ‘(D) in the case of any successful action to enforce liability under this paragraph, the costs of the action, together with reasonable attorney fees, as determined by the court.

    ‘(d) If a court determines that any agency or department of the United States has violated any provision of this section and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation.

    ‘(e) As used in this section--

      ‘(1) the term ‘common carrier’ means a locomotive, rail carrier, bus carrying passengers, water common carrier, air common carrier, or private commercial interstate carrier for the delivery of packages and other objects;

      ‘(2) the term ‘public accommodation facility’ means any inn, hotel, motel, or other establishment that provides lodging to transient guests;

      ‘(3) the term ‘physical storage facility’ means any business or entity that provides space for the storage of goods or materials, or services related to the storage of goods or materials, to the public or any segment thereof; and

      ‘(4) the term ‘vehicle rental facility’ means any person or entity that provides vehicles for rent, lease, loan, or other similar use, to the public or any segment thereof.’.

    (b) CLERICAL AMENDMENT- The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 121 the following new item:

2720’.

SEC. 304. STUDY OF TAGGING EXPLOSIVE MATERIALS, DETECTION OF EXPLOSIVES AND EXPLOSIVE MATERIALS, RENDERING EXPLOSIVE COMPONENTS INERT, AND IMPOSING CONTROLS OF PRECURSORS OF EXPLOSIVES.

    (a) STUDY- The Attorney General, in consultation with other Federal, State and local officials with expertise in this area and such other individuals as the Attorney General deems appropriate, shall conduct a study concerning--

      (1) the tagging of explosive materials for purposes of detection and identification;

      (2) technology for devices to improve the detection of explosives materials;

      (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and

      (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it.

    (b) REPORT- Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to the Congress a report that contains the results of the study required by this section. The Attorney General shall make the report available to the public.

SEC. 305. APPLICATION OF STATUTORY EXCLUSIONARY RULE CONCERNING INTERCEPTED WIRE OR ORAL COMMUNICATIONS.

    Section 2515 of title 18, United States Code, is amended by adding at the end the following: ‘This section shall not apply to the disclosure by the United States in a criminal trial or hearing or before a grand jury of the contents of a wire or oral communication, or evidence derived therefrom, if any law enforcement officers who intercepted the communication or gathered the evidence derived therefrom acted with the reasonably objective belief that their actions were in compliance with this chapter.’.

SEC. 306. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM WIRETAP-RELATED DEFINITIONS.

    (a) DEFINITION OF ‘ELECTRONIC COMMUNICATION’- Section 2510(12) of title 18, United States Code, is amended--

      (1) by striking ‘or’ at the end of subparagraph (B);

      (2) by inserting ‘or’ at the end of subparagraph (C); and

      (3) by adding a new subparagraph (D), as follows:

        ‘(D) information stored in a communications system used for the electronic storage and transfer of funds;’

    (b) DEFINITION OF ‘READILY ACCESSIBLE TO THE GENERAL PUBLIC’- Section 2510(16) of title 18, United States Code, is amended--

      (1) by inserting ‘or’ at the end of subparagraph (D);

      (2) by striking ‘or’ at the end of subparagraph (E); and

      (3) by striking subparagraph (F).

SEC. 307. ACCESS TO TELEPHONE BILLING RECORDS.

    (a) SECTION 2709- Section 2709(b) of title 18, United States Code, is amended--

      (1) in paragraph (1)(A), by inserting ‘local and long distance’ before ‘toll billing records’;

      (2) by striking ‘and’ at the end of paragraph (1);

      (3) by striking the period at the end of paragraph (2) and inserting ‘; and’; and

      (4) by adding at the end a new paragraph (3), as follows:

      ‘(3) request the name, address, length of service, and local and long distance toll billing records of a person or entity if the Director or the Director’s designee (in a position not lower than Deputy Assistant Director) certifies in writing to the wire or electronic communication service provider to which the request is made that the information sought is relevant to an authorized international terrorism investigation (as defined in section 2331 of this title).’.

    (b) SECTION 2703- Section 2703(c)(1)(C) of title 18, United States Code, is amended by inserting ‘local and long distance’ before ‘telephone toll billing records’.

    (c) CIVIL REMEDY- Section 2707 of title 18, United States Code, is amended--

      (1) in subsection (a), by striking ‘customer’ and inserting ‘any other person’;

      (2) in subsection (c), inserting before the period at the end the following: ‘, and if the violation is willful or intentional, such punitive damages as the court may allow, and, in the case of any successful action to enforce liability under this section, the costs of the action, together with reasonable attorney fees, as determined by the court’; and

      (3) by adding at the end the following:

    ‘(f) DISCIPLINARY ACTIONS FOR VIOLATIONS- If a court determines that any agency or department of the United States has violated this chapter and the court finds that the circumstances surrounding the violation raise questions of whether or not an officer or employee of the agency or department acted willfully or intentionally with respect to the violation, the agency or department shall promptly initiate a proceeding to determine whether or not disciplinary action is warranted against the officer or employee who was responsible for the violation.’.

SEC. 308. REQUIREMENT TO PRESERVE RECORD EVIDENCE.

    Section 2703 of title 18, United States Code, is amended by adding at the end the following:

    ‘(f) REQUIREMENT TO PRESERVE EVIDENCE- A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records, and other evidence in its possession pending the issuance of a court order or other process. Such records shall be retained for a period of 90 days, which period shall be extended for an additional 90-day period upon a renewed request by the governmental entity.’.

SEC. 309. DETENTION HEARING.

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

SEC. 310. REWARD AUTHORITY OF THE ATTORNEY GENERAL.

    (a) IN GENERAL- Title 18, United States Code, is amended by striking sections 3059 through 3059A and inserting the following:

‘Sec. 3059. Reward authority of the Attorney General

    ‘(a) The Attorney General may pay rewards and receive from any department or agency, funds for the payment of rewards under this section, to any individual who provides any information unknown to the Government leading to the arrest or prosecution of any individual for Federal felony offenses.

    ‘(b) If the reward exceeds $100,000, the Attorney General shall give notice of that fact to the Senate and the House of Representatives not later than 30 days before authorizing the payment of the reward.

    ‘(c) A determination made by the Attorney General as to whether to authorize an award under this section and as to the amount of any reward authorized shall not be subject to judicial review.

    ‘(d) If the Attorney General determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Attorney General may take such measures in connection with the payment of the reward as the Attorney General deems necessary to effect such protection.

    ‘(e) No officer or employee of any governmental entity may receive a reward under this section for conduct in performance of his or her official duties.

    ‘(f) Any individual (and the immediate family of such individual) who furnishes information which would justify a reward under this section or a reward by the Secretary of State under section 36 of the State Department Basic Authorities Act of 1956 may, in the discretion of the Attorney General, participate in the Attorney General’s witness security program under chapter 224 of this title.’.

    (b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by striking the items relating to section 3059 and 3059A and inserting the following new item:

      ‘3059. Reward authority of the Attorney General.’.

    (c) CONFORMING AMENDMENT- Section 1751 of title 18, United States Code, is amended by striking subsection (g).

SEC. 311. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF COLUMBIA.

    The Attorney General is authorized--

      (1) to prohibit vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is in whole or in part owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and

      (2) to prohibit any person or entity from conducting business on any property immediately adjacent to any such building.

SEC. 312. STUDY OF THEFTS FROM ARMORIES; REPORT TO THE CONGRESS.

    (a) STUDY- The Attorney General of the United States shall conduct a study of the extent of thefts from military arsenals (including National Guard armories) of firearms, explosives, and other materials that are potentially useful to terrorists.

    (b) REPORT TO THE CONGRESS- Within 6 months after the date of the enactment of this Act, the Attorney General shall submit to the Congress a report on the study required by subsection (a).

TITLE IV--NUCLEAR MATERIALS

SEC. 401. EXPANSION OF NUCLEAR MATERIALS PROHIBITIONS.

    Section 831 of title 18, United States Code, is amended--

      (1) in subsection (a), by striking ‘nuclear material’ each place it appears and inserting ‘nuclear material or nuclear byproduct material’;

      (2) in subsection (a)(1)(A), by inserting ‘or the environment’ after ‘property’;

      (3) so that subsection (a)(1)(B) reads as follows:

        ‘(B)(i) circumstances exist which are likely to cause the death of or serious bodily injury to any person or substantial damage to property or the environment; or (ii) such circumstances are represented to the defendant to exist;’;

      (4) in subsection (a)(6), by inserting ‘or the environment’ after ‘property’;

      (5) so that subsection (c)(2) reads as follows:

      ‘(2) an offender or a victim is a national of the United States or a United States corporation or other legal entity;’;

      (6) in subsection (c)(3), by striking ‘at the time of the offense the nuclear material is in use, storage, or transport, for peaceful purposes, and’;

      (7) by striking ‘or’ at the end of subsection (c)(3);

      (8) in subsection (c)(4), by striking ‘nuclear material for peaceful purposes’ and inserting ‘nuclear material or nuclear byproduct material’;

      (9) by striking the period at the end of subsection (c)(4) and inserting ‘; or’;

      (10) by adding at the end of subsection (c) the following:

      ‘(5) the governmental entity under subsection (a)(5) is the United States or the threat under subsection (a)(6) is directed at the United States.’;

      (11) in subsection (f)(1)(A), by striking ‘with an isotopic concentration not in excess of 80 percent plutonium 238’;

      (12) in subsection (f)(1)(C) by inserting ‘enriched uranium, defined as’ before ‘uranium’;

      (13) in subsection (f), by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively;

      (14) by inserting after subsection (f)(1) the following:

      ‘(2) the term ‘nuclear byproduct material’ means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;’;

      (15) by striking ‘and’ at the end of subsection (f)(4), as redesignated;

      (16) by striking the period at the end of subsection (f)(5), as redesignated, and inserting a semicolon; and

      (17) by adding at the end of subsection (f) the following:

      ‘(6) the term ‘national of the United States’ has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and

      ‘(7) the term ‘United States corporation or other legal entity’ means any corporation or other entity organized under the laws of the United States or any State, district, commonwealth, territory or possession of the United States.’.

TITLE V--CONVENTION ON THE MARKING OF PLASTIC EXPLOSIVES

SEC. 501. DEFINITIONS.

    Section 841 of title 18, United States Code, is amended by adding at the end the following:

      ‘(o) ‘Convention on the Marking of Plastic Explosives’ means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.

      ‘(p) ‘Detection agent’ means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including--

        ‘(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass;

        ‘(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass;

        ‘(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass;

        ‘(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and

        ‘(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and the Secretary of Defense, which has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives.

      ‘(q) ‘Plastic explosive’ means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form have a vapor pressure less than 10-4 Pa at a temperature of 25«C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.’.

SEC. 502. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES.

    Section 842 of title 18, United States Code, is amended by adding at the end the following:

    ‘(l) It shall be unlawful for any person to manufacture any plastic explosive which does not contain a detection agent.

    ‘(m)(1) it shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive which does not contain a detection agent.

    ‘(2) Until the 15-year period that begins with the date of entry into force of the Convention on the Marking of Plastic Explosives with respect to the United States has expired, paragraph (1) shall not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military Reserve component) or by or on behalf of the National Guard of any State.

    ‘(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive which does not contain a detection agent.

    ‘(2)(A) During the 3-year period that begins on the effective date of this subsection, paragraph (1) shall not apply to the shipment, transportation, transfer, receipt, or possession of any plastic explosive, which was imported, brought into, or manufactured in the United States before such effective date by any person.

    ‘(B) Until the 15-year period that begins on the date of entry into force of the Convention on the Marking of Plastic Explosives with respect to the United States has expired, paragraph (1) shall not apply to the shipment, transportation, transfer, receipt, or possession of any plastic explosive, which was imported, brought into, or manufactured in the United States before the effective date of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State.

    ‘(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the effective date of this subsection, to fail to report to the Secretary within 120 days after the effective date of this subsection the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may by regulations prescribe.’.

SEC. 503. CRIMINAL SANCTIONS.

    Section 844(a) of title 18, United States Code, is amended to read as follows:

    ‘(a) Any person who violates subsections (a) through (i) or (l) through (o) of section 842 of this title shall be fined under this title, imprisoned not more than 10 years, or both.’.

SEC. 504. EXCEPTIONS.

    Section 845 of title 18, United States Code, is amended--

      (1) in subsection (a), by inserting ‘(l), (m), (n), or (o) of section 842 and subsections’ after ‘subsections’;

      (2) in subsection (a)(1), by inserting ‘and which pertains to safety’ before the semicolon; and

      (3) by adding at the end the following:

    ‘(c) It is an affirmative defense against any proceeding involving subsection (l), (m), (n), or (o) of section 842 of this title if the proponent proves by a preponderance of the evidence that the plastic explosive--

      ‘(1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful--

        ‘(A) research, development, or testing of new or modified explosive materials;

        ‘(B) training in explosives detection or development or testing of explosives detection equipment; or

        ‘(C) forensic science purposes; or

      ‘(2) was plastic explosive which, within 3 years after the effective date of this paragraph, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. For purposes of this subsection, the term ‘military device’ includes shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.’.

SEC. 505. EFFECTIVE DATE.

    The amendments made by this title shall take effect 1 year after the date of the enactment of this Act.

TITLE VI--IMMIGRATION-RELATED PROVISIONS

Subtitle A--Removal of Alien Terrorists

PART 1--REMOVAL PROCEDURES FOR ALIEN TERRORISTS

SEC. 601. REMOVAL PROCEDURES FOR ALIEN TERRORISTS.

    (a) IN GENERAL- The Immigration and Nationality Act is amended--

      (1) by adding at the end of the table of contents the following:

‘Title V--Special Removal Procedures for Alien Terrorists

      ‘Sec. 501. Definitions.

      ‘Sec. 502. Establishment of special removal court; panel of attorneys to assist with classified information.

      ‘Sec. 503. Application for initiation of special removal proceeding.

      ‘Sec. 504. Consideration of application.

      ‘Sec. 505. Special removal hearings.

      ‘Sec. 506. Consideration of classified information.

      ‘Sec. 507. Appeals.

      ‘Sec. 508. Detention and custody.’;

      and

      (2) by adding at the end the following new title:

‘TITLE V--SPECIAL REMOVAL PROCEDURES FOR ALIEN TERRORISTS

‘DEFINITIONS

    ‘SEC. 501. In this title:

      ‘(1) The term ‘alien terrorist’ means an alien described in section 241(a)(4)(B).

      ‘(2) The term ‘classified information’ has the meaning given such term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.).

      ‘(3) The term ‘national security’ has the meaning given such term in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.).

      ‘(4) The term ‘special attorney’ means an attorney who is on the panel established under section 502(e).

      ‘(5) The term ‘special removal court’ means the court established under section 502(a).

      ‘(6) The term ‘special removal hearing’ means a hearing under section 505.

      ‘(7) The term ‘special removal proceeding’ means a proceeding under this title.

‘ESTABLISHMENT OF SPECIAL REMOVAL COURT; PANEL OF ATTORNEYS TO ASSIST WITH CLASSIFIED INFORMATION

    ‘SEC. 502. (a) IN GENERAL- 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 which shall have jurisdiction to conduct all special removal proceedings.

    ‘(b) TERMS- Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that the four associate judges first so designated shall be designated for terms of one, two, three, and four years so that the term of one judge shall expire each year.

    ‘(c) CHIEF JUDGE- The Chief Justice shall publicly designate one of the judges of the special removal court to be the chief judge of the court. The chief judge shall promulgate rules to facilitate the functioning of the court and shall be responsible for assigning the consideration of cases to the various judges.

    ‘(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 proceedings under this title in the same manner as they apply to proceedings under such Act.

    ‘(e) ESTABLISHMENT OF PANEL OF SPECIAL ATTORNEYS- The special removal court shall provide for the designation of a panel of attorneys each of whom--

      ‘(1) has a security clearance which affords the attorney access to classified information, and

      ‘(2) has agreed to represent permanent resident aliens with respect to classified information under sections 506 and 507(c)(2)(B) in accordance with (and subject to the penalties under) this title.

‘APPLICATION FOR INITIATION OF SPECIAL REMOVAL PROCEEDING

    ‘SEC. 503. (a) IN GENERAL- Whenever the Attorney General has classified information that an alien is an alien terrorist, the Attorney General, in the Attorney General’s discretion, may seek removal of the alien under this title through the filing with the special removal court of a written application described in subsection (b) that seeks an order authorizing a special removal proceeding under this title. The application shall be submitted in camera and ex parte and shall be filed under seal with the court.

    ‘(b) CONTENTS OF APPLICATION- Each application for a special removal proceeding shall include all of the following:

      ‘(1) The identity of the Department of Justice attorney making the application.

      ‘(2) The approval of the Attorney General or the Deputy Attorney General for the filing of the application based upon a finding by that individual that the application satisfies the criteria and requirements of this title.

      ‘(3) The identity of the alien for whom authorization for the special removal proceeding is sought.

      ‘(4) A statement of the facts and circumstances relied on by the Department of Justice to establish that--

        ‘(A) the alien is an alien terrorist and is physically present in the United States, and

        ‘(B) with respect to such alien, adherence to the provisions of title II regarding the deportation of aliens would pose a risk to the national security of the United States.

      ‘(5) An oath or affirmation respecting each of the facts and statements described in the previous paragraphs.

    ‘(c) RIGHT TO DISMISS- The Department of Justice retains the right to dismiss a removal action under this title at any stage of the proceeding.

‘CONSIDERATION OF APPLICATION

    ‘SEC. 504. (a) IN GENERAL- In the case of an application under section 503 to the special removal court, a single judge of the court shall be assigned to consider the application. The judge, in accordance with the rules of the court, shall consider the application and may consider other information, including classified information, presented under oath or affirmation. The judge shall consider the application (and any hearing thereof) in camera and ex parte. A verbatim record shall be maintained of any such hearing.

    ‘(b) APPROVAL OF ORDER- The judge shall enter ex parte the order requested in the application if the judge finds, on the basis of such application and such other information (if any), that there is probable cause to believe that--

      ‘(1) the alien who is the subject of the application has been correctly identified and is an alien terrorist, and

      ‘(2) adherence to the provisions of title II regarding the deportation of the identified alien would pose a risk to the national security of the United States.

    ‘(c) DENIAL OF ORDER- If the judge denies the order requested in the application, the judge shall prepare a written statement of the judge’s reasons for the denial.

    ‘(d) EXCLUSIVE PROVISIONS- Whenever an order is issued under this section with respect to an alien--

      ‘(1) the alien’s rights regarding removal and expulsion shall be governed solely by the provisions of this title, and

      ‘(2) except as they are specifically referenced, no other provisions of this Act shall be applicable.

‘SPECIAL REMOVAL HEARINGS

    ‘SEC. 505. (a) IN GENERAL- In any case in which the application for the order is approved under section 504, a special removal hearing shall be conducted under this section 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. Consistent with section 506, the alien shall be given reasonable notice of the nature of the charges against the alien and a general account of the basis for the charges. The alien shall be given notice, reasonable under all the circumstances, of the time and place at which the hearing will be held. The hearing shall be held as expeditiously as possible.

    ‘(b) USE OF SAME JUDGE- The special removal hearing shall be held before the same judge who granted the order pursuant to section 504 unless that judge is deemed unavailable due to illness or disability by the chief judge of the special removal court, or has died, in which case the chief judge shall assign another judge to conduct the special removal hearing. A decision by the chief judge pursuant to the preceding sentence shall not be subject to review by either the alien or the Department of Justice.

    ‘(c) RIGHTS IN HEARING-

      ‘(1) PUBLIC HEARING- The special removal hearing shall be open to the public.

      ‘(2) 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.

      ‘(3) INTRODUCTION OF EVIDENCE- The alien shall have a right to introduce evidence on the alien’s own behalf.

      ‘(4) EXAMINATION OF WITNESSES- Except as provided in section 506, the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness.

      ‘(5) RECORD- A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept.

      ‘(6) DECISION BASED ON EVIDENCE AT HEARING- The decision of the judge in the hearing shall be based only on the evidence introduced at the hearing, including evidence introduced under subsection (e).

      ‘(7) NO RIGHT TO ANCILLARY RELIEF- In the hearing, the judge is not authorized to consider or provide for relief from removal based on any of the following:

        ‘(A) Asylum under section 208.

        ‘(B) Withholding of deportation under section 243(h).

        ‘(C) Suspension of deportation under section 244(a) or 244(e).

        ‘(D) Adjustment of status under section 245.

        ‘(E) Registry under section 249.

    ‘(d) SUBPOENAS-

      ‘(1) REQUEST- At any time prior to the conclusion of the special 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 evidence or the source of evidence which has been introduced, or which the Department of Justice has received permission to introduce, in camera and ex parte pursuant to subsection (e) and section 506, and 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) INTRODUCTION OF CLASSIFIED INFORMATION-

      ‘(1) IN GENERAL- Classified information that has been summarized pursuant to section 506(b) and classified information for which findings described in section 506(b)(4)(B) have been made and for which no summary is provided shall be introduced (either in writing or through testimony) in camera and ex parte and neither the alien nor the public shall be informed of such evidence or its sources other than through reference to the summary (if any) provided pursuant to such section. Notwithstanding the previous sentence, the Department of Justice may, in its discretion and after coordination with the originating agency, elect to introduce such evidence in open session.

      ‘(2) TREATMENT OF ELECTRONIC SURVEILLANCE INFORMATION-

        ‘(A) USE OF ELECTRONIC SURVEILLANCE- The Government is authorized to use in a special removal proceeding the fruits of electronic surveillance and unconsented physical searches authorized under the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.) without regard to subsections (c), (e), (f), (g), and (h) of section 106 of that Act.

        ‘(B) NO DISCOVERY OF ELECTRONIC SURVEILLANCE INFORMATION- An alien subject to removal under this title shall have no right of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act of 1978 or otherwise for national security purposes. Nor shall such alien have the right to seek suppression of evidence.

        ‘(C) CERTAIN PROCEDURES NOT APPLICABLE- The provisions and requirements of section 3504 of title 18, United States Code, shall not apply to procedures under this title.

      ‘(3) RIGHTS OF UNITED STATES- Nothing in this section 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.

    ‘(f) INCLUSION OF CERTAIN EVIDENCE- The Federal Rules of Evidence shall not apply to hearings under this section. Evidence introduced at the special removal hearing, either in open session or in camera and ex parte, may, in the discretion of the Department of Justice, include all or part of the information presented under section 504 used to obtain the order for the hearing under this section.

    ‘(g) ARGUMENTS- Following the receipt of evidence, the attorneys for the Department of Justice and for 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 attorney for the Department of Justice shall open the argument. The attorney for the alien shall be permitted to reply. The attorney for the Department of Justice shall then be permitted to reply in rebuttal. The judge may allow any part of the argument that refers to evidence received in camera and ex parte to be heard in camera and ex parte.

    ‘(h) BURDEN OF PROOF- In the hearing the Department of Justice has the burden of showing by clear and convincing evidence that the alien is subject to removal because the alien is an alien terrorist. If the judge finds that the Department of Justice has met this burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the special removal hearing, the judge shall order the Attorney General to take the alien into custody.

    ‘(i) WRITTEN ORDER- At the time of rendering 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. Any portion of the order that would reveal the substance or source of information received in camera and ex parte pursuant to subsection (e) shall not be made available to the alien or the public.

‘CONSIDERATION OF CLASSIFIED INFORMATION

    ‘SEC. 506. (a) CONSIDERATION IN CAMERA AND EX PARTE- In any case in which the application for the order authorizing the special procedures of this title is approved, the judge who granted the order shall consider each item of classified information the Department of Justice proposes to introduce in camera and ex parte at the

special removal hearing and shall order the introduction of such information pursuant to section 505(e) if the judge determines the information to be relevant.

    ‘(b) PREPARATION AND PROVISION OF WRITTEN SUMMARY-

      ‘(1) PREPARATION- The Department of Justice shall prepare a written summary of such classified information which does not pose a risk to national security.

      ‘(2) CONDITIONS FOR APPROVAL BY JUDGE AND PROVISION TO ALIEN- The judge shall approve the summary so long as the judge finds that the summary is sufficient--

        ‘(A) to inform the alien of the general nature of the evidence that the alien is an alien terrorist, and

        ‘(B) to permit the alien to prepare a defense against deportation.

      The Department of Justice shall cause to be delivered to the alien a copy of the summary.

      ‘(3) OPPORTUNITY FOR CORRECTION AND RESUBMITTAL- If the judge does not approve the summary, the judge shall provide the Department a reasonable opportunity to correct the deficiencies identified by the court and to submit a revised summary.

      ‘(4) CONDITIONS FOR TERMINATION OF PROCEEDINGS IF SUMMARY NOT APPROVED-

        ‘(A) IN GENERAL- If, subsequent to the opportunity described in paragraph (3), the judge does not approve the summary, the judge shall terminate the special removal hearing unless the judge makes the findings described in subparagraph (B).

        ‘(B) FINDINGS- The findings described in this subparagraph are, with respect to an alien, that--

          ‘(i) the continued presence of the alien in the United States, and

          ‘(ii) the provision of the required summary,

        would likely cause serious and irreparable harm to the national security or death or serious bodily injury to any person.

      ‘(5) CONTINUATION OF HEARING WITHOUT SUMMARY- If a judge makes the findings described in paragraph (4)(B)--

        ‘(A) if the alien involved is an alien lawfully admitted for permanent residence, the procedures described in subsection (c) shall apply; and

        ‘(B) in all cases the special removal hearing shall continue, the Department of Justice shall cause to be delivered to the alien a statement that no summary is possible, and the classified information submitted in camera and ex parte may be used pursuant to section 505(e).

    ‘(c) SPECIAL PROCEDURES FOR ACCESS AND CHALLENGES TO CLASSIFIED INFORMATION BY SPECIAL ATTORNEYS IN CASE OF LAWFUL PERMANENT ALIENS-

      ‘(1) IN GENERAL- The procedures described in this subsection are that the judge (under rules of the special removal court) shall designate a special attorney (as defined in section 501(4)), (and the alien facing deportation under these procedures, may choose which special attorney shall be so designated, if the alien makes that choice not later than 45 days after the date on which the alien receives notice that the Government intends to use such procedures) to assist the alien and the court--

        ‘(A) by reviewing in camera the classified information on behalf of the alien, and

        ‘(B) by challenging through an in camera proceeding the veracity of the evidence contained in the classified information.

      ‘(2) RESTRICTIONS ON DISCLOSURE- A special attorney receiving classified information under paragraph (1)--

        ‘(A) shall not disclosure the information to the alien or to any other attorney representing the alien, and

        ‘(B) who discloses such information in violation of subparagraph (A) shall be subject to a fine under title 18, United States Code, and imprisoned for not less than 10 years nor more than 25 years.

‘APPEALS

    ‘SEC. 507. (a) APPEALS OF DENIALS OF APPLICATIONS FOR ORDERS- The Department of Justice may seek a review of the denial of an order sought in an application by the United States Court of Appeals for the District of Columbia Circuit by notice of appeal which must be filed within 20 days after the date of such denial. In such a case 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. In such a case the Court of Appeals shall review questions of law de novo, but a prior finding on any question of fact shall not be set aside unless such finding was clearly erroneous.

    ‘(b) APPEALS OF DETERMINATIONS ABOUT SUMMARIES OF CLASSIFIED INFORMATION- Either party may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of--

      ‘(1) any determination by the judge pursuant to section 506(a)--

        ‘(A) concerning whether an item of evidence may be introduced in camera and ex parte, or

        ‘(B) concerning the contents of any summary of evidence to be introduced in camera and ex parte prepared pursuant to section 506(b); or

      ‘(2) the refusal of the court to make the findings permitted by section 506(b)(4)(B).

    In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge or summary of evidence, shall be transmitted to the Court of Appeals under seal and the matter shall be heard ex parte.

    ‘(c) APPEALS OF DECISION IN HEARING-

      ‘(1) IN GENERAL- Subject to paragraph (2), the decision of the judge after a special removal hearing may be appealed by either the alien or the Department of Justice to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal.

      ‘(2) AUTOMATIC APPEALS IN CASES OF PERMANENT RESIDENT ALIENS IN WHICH NO SUMMARY PROVIDED-

        ‘(A) IN GENERAL- Unless the alien waives the right to a review under this paragraph, in any case involving an alien lawfully admitted for permanent residence who is denied a written summary of classified information under section 506(b)(4) and with respect to which the procedures described in section 506(c) apply, any order issued by the judge shall be reviewed by the Court of Appeals for the District of Columbia Circuit.

        ‘(B) USE OF SPECIAL ATTORNEY- With respect to any issue relating to classified information that arises in such review, the alien shall be represented only by the special attorney designated under section 506(c)(1) on behalf of the alien.

    ‘(d) GENERAL PROVISIONS RELATING TO APPEALS-

      ‘(1) NOTICE- A notice of appeal pursuant to subsection (b) or (c) (other than under subsection (c)(2)) must be filed within 20 days after the date of the order with respect to which the appeal is sought, during which time the order shall not be executed.

      ‘(2) TRANSMITTAL OF RECORD- In an appeal or review to the Court of Appeals pursuant to subsection (b) or (c)--

        ‘(A) the entire record shall be transmitted to the Court of Appeals, and

        ‘(B) information received pursuant to section 505(e), and any portion of the judge’s 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 pursuant to subsection (b) or (c):

        ‘(A) REVIEW- 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 special removal court and on such briefs or motions as the Court may require to be filed by the parties.

        ‘(B) DISPOSITION- The Court shall uphold or reverse the judge’s order within 60 days after the date of the issuance of the judge’s final order.

      ‘(4) STANDARD FOR REVIEW- In an appeal or review to the Court of Appeals pursuant to subsection (b) or (c):

        ‘(A) QUESTIONS OF LAW- The Court of Appeals shall review all questions of law de novo.

        ‘(B) QUESTIONS OF FACT- (i) Subject to clause (ii), a prior finding on any question of fact shall not be set aside unless such finding was clearly erroneous.

        ‘(ii) In the case of a review under subsection (c)(2) in which an alien lawfully admitted for permanent residence was denied a written summary of classified information under section 506(b)(4), the Court of Appeals shall review questions of fact de novo.

    ‘(e) CERTIORARI- Following a decision by the Court of Appeals pursuant to subsection (b) or (c), either the alien or the Department of Justice 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.

    ‘(f) APPEALS OF DETENTION ORDERS-

      ‘(1) IN GENERAL- The provisions of 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 508(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 508(c)(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.

‘DETENTION AND CUSTODY

    ‘SEC. 508. (a) INITIAL CUSTODY-

      ‘(1) UPON FILING APPLICATION- Subject to paragraphs (2) and (3), the Attorney General may take into custody any alien with respect to whom an application under section 503 has been filed and, notwithstanding any other provision of law, may retain such an alien in custody in accordance with the procedures authorized by this title.

      ‘(2) SPECIAL RULES FOR PERMANENT RESIDENT ALIENS- An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the special removal hearing. Such an alien shall be detained pending the special removal hearing, unless the alien demonstrates to the court that--

        ‘(A) the alien, 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

        ‘(B) the alien’s release will not endanger national security or the safety of any person or the community.

      The judge may consider classified information submitted in camera and ex parte in making a determination under this paragraph.

      ‘(3) RELEASE IF ORDER DENIED AND NO REVIEW SOUGHT-

        ‘(A) IN GENERAL- Subject to subparagraph (B), if a judge of the special removal court denies the order sought in an application with respect to an alien and the Department of Justice 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 special removal court denies the order sought in an application with respect to an alien and the Department of Justice 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 will reasonably assure the appearance of the alien at any future proceeding pursuant to this title and 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, the alien shall remain in custody until the completion of any appeal authorized by this title.

    ‘(c) CUSTODY AND RELEASE AFTER HEARING-

      ‘(1) RELEASE-

        ‘(A) IN GENERAL- Subject to subparagraph (B), if the judge decides pursuant to section 505(i) that an alien should not be removed, the alien shall be released from custody.

        ‘(B) 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.

      ‘(2) CUSTODY AND REMOVAL-

        ‘(A) CUSTODY- If the judge decides pursuant to section 505(i) 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 subparagraph (B).

        ‘(B) REMOVAL-

          ‘(i) 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.

          ‘(ii) 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 special 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 transported out of 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).

    ‘(d) CONTINUED DETENTION PENDING TRIAL-

      ‘(1) DELAY IN REMOVAL- Notwithstanding the provisions of subsection (c)(2), 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 carry out the provisions of subsection (c)(2) concerning removal of the alien.

    ‘(e) 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.

    ‘(f) 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 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) ELIMINATION OF CUSTODY REVIEW BY HABEAS CORPUS- Section 106(a) of such Act (8 U.S.C. 1105a(a)) is amended--

      (1) by adding ‘and’ at the end of paragraph (8),

      (2) by striking ‘; and’ at the end of paragraph (9) and inserting a period, and

      (3) by striking paragraph (10).

    (e) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to all aliens without regard to the date of entry or attempted entry into the United States.

SEC. 602. FUNDING FOR DETENTION AND REMOVAL OF ALIEN TERRORISTS.

    In addition to amounts otherwise appropriated, there are authorized to be appropriated for each fiscal year (beginning with fiscal year 1996) $5,000,000 to the Immigration and Naturalization Service for the purpose of detaining and removing alien terrorists.

PART 2--EXCLUSION AND DENIAL OF ASYLUM FOR ALIEN TERRORISTS

SEC. 611. MEMBERSHIP IN TERRORIST ORGANIZATION AS GROUND FOR EXCLUSION.

    (a) IN GENERAL- 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) by striking ‘or’ at the end of subclause (I),

        (B) in subclause (II), by inserting ‘engaged in or’ after ‘believe,’, and

        (C) by inserting after subclause (II) the following:

            ‘(III) is a representative of a terrorist organization, or

            ‘(IV) is a member of a terrorist organization which the alien knows or should have known is a terrorist organization,’; and

      (2) by adding at the end the following:

          ‘(iv) TERRORIST ORGANIZATION DEFINED-

            ‘(I) DESIGNATION- For purposes of this Act, the term ‘terrorist organization’ means a foreign organization designated in the Federal Register as a terrorist organization by the Secretary of State, in consultation with the Attorney General, based upon a finding that the organization engages in, or has engaged in, terrorist activity that threatens the national security of the United States.

            ‘(II) PROCESS- At least 3 days before designating an organization as a terrorist organization through publication in the Federal Register, the Secretary of State, in consultation with the Attorney General, shall notify the Committees on the Judiciary of the House of Representatives and the Senate of the intent to make such designation and the findings and basis for designation. The Secretary of State, in consultation with the Attorney General, shall create an administrative record and may use classified information in making such a designation. Such information is not subject to disclosure so long as it remains classified, except that it may be disclosed to a court ex parte and in camera under subclause (III) for purposes of judicial review of such a designation. The Secretary of State, in consultation with the Attorney General, shall provide notice and an opportunity for public comment prior to the creation of the administrative record under this subclause.

            ‘(III) JUDICIAL REVIEW- Any organization designated as a terrorist organization under the preceding provisions of this clause may, not later than 30 days after the date of the designation, seek judicial review thereof in the United States Court of Appeals for the District of Columbia Circuit. Such review shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information considered in making the designation. The court shall hold unlawful and set aside the designation if the court finds the designation to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, lacking substantial support in the administrative record taken as a whole or in classified information submitted to the court under the previous sentence, contrary to constitutional right, power, privilege, or immunity, or not in accord with the procedures required by law.

            ‘(IV) CONGRESSIONAL AUTHORITY TO REMOVE DESIGNATION- The Congress reserves the authority to remove, by law, the designation of an organization as a terrorist organization for purposes of this Act.

            ‘(V) SUNSET- Subject to subclause (IV), the designation under this clause of an organization as a terrorist organization shall be effective for a period of 2 years from the date of the initial publication of the terrorist organization designation by the Secretary of State. At the end of such period (but no sooner than 60 days prior to the termination of the 2-year-designation period), the Secretary of State, in consultation with the Attorney General, may redesignate the organization in conformity with the requirements of this clause for designation of the organization.

            ‘(VI) OTHER AUTHORITY TO REMOVE DESIGNATION- The Secretary of State, in consultation with the Attorney General, may remove the terrorist organization designation from any organization previously designated as such an organization, at any time, so long as the Secretary publishes notice of the removal in the Federal Register. The Secretary is not required to report to Congress prior to so removing such designation.

          ‘(v) REPRESENTATIVE DEFINED- In this subparagraph, the term ‘representative’ includes an officer, official, or spokesman of the organization and any person who directs, counsels, commands or induces the organization or its members to engage in terrorist activity. The determination by the Secretary of State or the Attorney General that an alien is a representative of a terrorist organization shall be subject to judicial review.’.

    (b) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act.

SEC. 612. DENIAL OF ASYLUM TO ALIEN TERRORISTS.

    (a) IN GENERAL- Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: ‘The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable under section 241(a)(4)(B).’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply to asylum determinations made on or after such date.

SEC. 613. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS.

    (a) WITHHOLDING OF DEPORTATION- Section 243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by adding at the end the following new sentence: ‘For purposes of subparagraph (D), an alien who is described in section 241(a)(4)(B) shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.’.

    (b) SUSPENSION OF DEPORTATION- Section 244(a) of such Act (8 U.S.C. 1254(a)) is amended by striking ‘section 241(a)(4)(D)’ and inserting ‘subparagraph (B) or (D) of section 241(a)(4)’.

    (c) VOLUNTARY DEPARTURE- Section 244(e)(2) of such Act (8 U.S.C. 1254(e)(2)) is amended by inserting ‘under section 241(a)(4)(B) or’ after ‘who is deportable’.

    (d) ADJUSTMENT OF STATUS- Section 245(c) of such Act (8 U.S.C. 1255(c)) is amended--

      (1) by striking ‘or’ before ‘(5)’, and

      (2) by inserting before the period at the end the following: ‘, or (6) an alien who is deportable under section 241(a)(4)(B)’.

    (e) REGISTRY- Section 249(d) of such Act (8 U.S.C. 1259(d)) is amended by inserting ‘and is not deportable under section 241(a)(4)(B)’ after ‘ineligible to citizenship’.

    (f) EFFECTIVE DATE- The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.

Subtitle B--Expedited Exclusion

SEC. 621. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS.

    (a) IN GENERAL- Subsection (b) of section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended to read as follows:

    ‘(b)(1)(A) If the examining immigration officer determines that an alien seeking entry--

      ‘(i) is excludable under section 212(a)(6)(C) or 212(a)(7), and

      ‘(ii) does not indicate either an intention to apply for asylum under section 208 or a fear of persecution,

    the officer shall order the alien excluded from the United States without further hearing or review.

    ‘(B) The examining immigration officer shall refer for an interview by an asylum officer under subparagraph (C) any alien who is excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention to apply for asylum under section 208 or a fear of persecution.

    ‘(C)(i) An asylum officer shall promptly conduct interviews of aliens referred under subparagraph (B).

    ‘(ii) If the officer determines at the time of the interview that an alien has a credible fear of persecution (as defined in clause (v)), the alien shall be detained for an asylum hearing before an asylum officer under section 208.

    ‘(iii)(I) Subject to subclause (II), if the officer determines that the alien does not have a credible fear of persecution, the officer shall order the alien excluded from the United States without further hearing or review.

    ‘(II) The Attorney General shall promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination under subclause (I).

    ‘(iv) The Attorney General shall provide information concerning the asylum interview described in this subparagraph to aliens who may be eligible. An alien who is eligible for such interview may consult with a person or persons of the alien’s choosing prior to the interview or any review thereof, according to regulations prescribed by the Attorney General. Such consultation shall be at no expense to the Government and shall not delay the process.

    ‘(v) For purposes of this subparagraph, the term ‘credible fear of persecution’ means (I) that it is more probable than not that the statements made by the alien in support of the alien’s claim are true, and (II) that there is a significant possibility, in light of such statements and of such other facts as are known to the officer, that the alien could establish eligibility for asylum under section 208.

    ‘(D) As used in this paragraph, the term ‘asylum officer’ means an immigration officer who--

      ‘(i) has had professional training in country conditions, asylum law, and interview techniques; and

      ‘(ii) is supervised by an officer who meets the condition in clause (i).

    ‘(E)(i) An exclusion order entered in accordance with subparagraph (A) is not subject to administrative appeal, except that the Attorney General shall provide by regulation for prompt review of such an order against an alien who claims under oath, or as permitted under penalty of

perjury under section 1746 of title 28, United States Code, after having been warned of the penalties for falsely making such claim under such conditions, to have been lawfully admitted for permanent residence.

    ‘(ii) In any action brought against an alien under section 275(a) or section 276, the court shall not have jurisdiction to hear any claim attacking the validity of an order of exclusion entered under subparagraph (A).

    ‘(2)(A) Except as provided in subparagraph (B), if the examining immigration officer determines that an alien seeking entry is not clearly and beyond a doubt entitled to enter, the alien shall be detained for a hearing before a special inquiry officer.

    ‘(B) The provisions of subparagraph (A) shall not apply--

      ‘(i) to an alien crewman,

      ‘(ii) to an alien described in paragraph (1)(A) or (1)(C)(iii)(I), or

      ‘(iii) if the conditions described in section 273(d) exist.

    ‘(3) The decision of the examining immigration officer, if favorable to the admission of any alien, shall be subject to challenge by any other immigration officer and such challenge shall operate to take the alien whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.’.

    (b) CONFORMING AMENDMENT- Section 237(a) of such Act (8 U.S.C. 1227(a)) is amended--

      (1) in the second sentence of paragraph (1), by striking ‘Deportation’ and inserting ‘Subject to section 235(b)(1), deportation’, and

      (2) in the first sentence of paragraph (2), by striking ‘If’ and inserting ‘Subject to section 235(b)(1), if’.

    (c) EFFECTIVE DATE- The amendments made by this section shall take effect on the first day of the first month that begins more than 90 days after the date of the enactment of this Act.

SEC. 622. JUDICIAL REVIEW.

    (a) PRECLUSION OF JUDICIAL REVIEW- Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended--

      (1) by amending the section heading to read as follows:

‘JUDICIAL REVIEW OF ORDERS OF DEPORTATION AND EXCLUSION, AND SPECIAL EXCLUSION’; AND

      (2) by adding at the end the following new subsection:

    ‘(e)(1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction to review any individual determination, or to entertain any other cause or claim, arising from or relating to the implementation or operation of section 235(b)(1). Regardless of the nature of the action or claim, or the party or parties bringing the action, no court shall have jurisdiction or authority to enter declaratory, injunctive, or other equitable relief not specifically authorized in this subsection nor to certify a class under Rule 23 of the Federal Rules of Civil Procedure.

    ‘(2) Judicial review of any cause, claim, or individual determination covered under paragraph (1) shall only be available in habeas corpus proceedings, and shall be limited to determinations of--

      ‘(A) whether the petitioner is an alien, if the petitioner makes a showing that the petitioner’s claim of United States nationality is not frivolous;

      ‘(B) whether the petitioner was ordered specially excluded under section 235(b)(1)(A); and

      ‘(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence and is entitled to such review as is provided by the Attorney General pursuant to section 235(b)(1)(E)(i).

    ‘(3) In any case where the court determines that an alien was not ordered specially excluded, or was not properly subject to special exclusion under the regulations adopted by the Attorney General, the court may order no relief beyond requiring that the alien receive a hearing in accordance with section 236, or a determination in accordance with section 235(c) or 273(d).

    ‘(4) In determining whether an alien has been ordered specially excluded, the court’s inquiry shall be limited to whether such an order was in fact issued and whether it relates to the petitioner.’.

    (b) PRECLUSION OF COLLATERAL ATTACKS- Section 235 of such Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection:

    ‘(d) In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or section 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 236 and 242.’.

    (c) CLERICAL AMENDMENT- The item relating to section 106 in the table of contents of such Act is amended to read as follows:

      ‘Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.’.

SEC. 623. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED.

    (a) IN GENERAL- Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is amended by adding at the end the following new subsection:

    ‘(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 90 days after the date of the enactment of this Act.

Subtitle C--Improved Information and Processing

PART 1--IMMIGRATION PROCEDURES

SEC. 631. ACCESS TO CERTAIN CONFIDENTIAL INS FILES THROUGH COURT ORDER.

    (a) LEGALIZATION PROGRAM- Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended--

      (1) by inserting ‘(i)’ after ‘except that the Attorney General’, and

      (2) by inserting after ‘title 13, United States Code’ the following: ‘and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used--

        ‘(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or

        ‘(II) for criminal law enforcement purposes against the alien whose application is to be disclosed if the alleged criminal activity occurred after the legalization application was filed and such activity involves terrorist activity or poses either an immediate risk to life or to national security, or would be prosecutable as an aggravated felony, but without regard to the length of sentence that could be imposed on the applicant’.

    (b) SPECIAL AGRICULTURAL WORKER PROGRAM- Section 210(b) of such Act (8 U.S.C. 1160(b)) is amended--

      (1) in paragraph (5), by inserting ‘, except as allowed by a court order issued pursuant to paragraph (6)’ after ‘consent of the alien’, and

      (2) in paragraph (6), by inserting after subparagraph (C) the following:

      ‘Notwithstanding the previous sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used (i) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or (ii) for criminal law enforcement purposes against the alien whose application is to be disclosed if the alleged criminal activity occurred after the special agricultural worker application was filed and such activity involves terrorist activity or poses either an immediate risk to life or to national security, or would be prosecutable as an aggravated felony, but without regard to the length of sentence that could be imposed on the applicant.’.

SEC. 632. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION FOR VISAS.

    Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 1182(b)) is amended--

      (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B);

      (2) by striking ‘If’ and inserting ‘(1) Subject to paragraph (2), if’; and

      (3) by adding at the end the following new paragraph:

    ‘(2) With respect to applications for visas, the Secretary of State may waive the application of paragraph (1) in the case of a particular alien or any class or classes of aliens excludable under subsection (a)(2) or (a)(3).’.

PART 2--ASSET FORFEITURE FOR PASSPORT AND VISA OFFENSES

SEC. 641. CRIMINAL FORFEITURE FOR PASSPORT AND VISA RELATED OFFENSES.

    Section 982 of title 18, United States Code, is amended--

      (1) in subsection (a), by inserting after paragraph (5) the following new paragraph:

    ‘(6) The court, in imposing sentence on a person convicted of a violation of, or conspiracy to violate, section 1541, 1542, 1543, 1544, or 1546 of this title, or a violation of, or conspiracy to violate, section 1028 of this title if committed in connection with passport or visa issuance or use, shall order that the person forfeit to the United States any property, real or personal, which the person used, or intended to be used, in committing, or facilitating the commission of, the violation, and any property constituting, or derived from, or traceable to, any proceeds the person obtained, directly or indirectly, as a result of such violation.’; and

      (2) in subsection (b)(1)(B), by inserting ‘or (a)(6)’ after ‘(a)(2)’.

SEC. 642. SUBPOENAS FOR BANK RECORDS.

    Section 986(a) of title 18, United States Code, is amended by inserting ‘1028, 1541, 1542, 1543, 1544, 1546,’ before ‘1956’.

SEC. 643. EFFECTIVE DATE.

    The amendments made by this subtitle shall take effect on the first day of the first month that begins more than 90 days after the date of the enactment of this Act.

Subtitle D--Employee Verification by Security Services Companies

SEC. 651. PERMITTING SECURITY SERVICES COMPANIES TO REQUEST ADDITIONAL DOCUMENTATION.

    (a) IN GENERAL- Section 274B(a)(6) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(6)) is amended--

      (1) by striking ‘For purposes’ and inserting ‘(A) Except as provided in subparagraph (B), for purposes’, and

      (2) by adding at the end the following new subparagraph:

      ‘(B) Subparagraph (A) shall not apply to a request made in connection with an individual seeking employment in a company (or division of a company) engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of international terrorism (as defined in section 2331(1) of title 18, United States Code).’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to requests for documents made on or after the date of the enactment of this Act with respect to individuals who are or were hired before, on, or after the date of the enactment of this Act.

Subtitle E--Criminal Alien Deportation Improvements

SEC. 661. SHORT TITLE.

    This subtitle may be cited as the ‘Criminal Alien Deportation Improvements Act of 1995’.

SEC. 662. ADDITIONAL EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

    (a) IN GENERAL- Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416), is amended--

      (1) in subparagraph (J), by inserting ‘, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),’ after ‘corrupt organizations)’;

      (2) in subparagraph (K)--

        (A) by striking ‘or’ at the end of clause (i),

        (B) by redesignating clause (ii) as clause (iii), and

        (C) by inserting after clause (i) the following new clause:

          ‘(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transportation for the purpose of prostitution) for commercial advantage; or’;

      (3) by amending subparagraph (N) to read as follows:

        ‘(N) an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years;’;

      (4) by amending subparagraph (O) to read as follows:

        ‘(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;’

      (5) in subparagraph (P), by striking ‘15 years’ and inserting ‘5 years’, and by striking ‘and’ at the end;

      (6) by redesignating subparagraphs (O), (P), and (Q) as subparagraphs (P), (Q), and (U), respectively;

      (7) by inserting after subparagraph (N) the following new subparagraph:

        ‘(O) an offense described in section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;’; and

      (8) by inserting after subparagraph (Q), as so redesignated, the following new subparagraphs:

        ‘(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years’ imprisonment or more may be imposed;

        ‘(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of 5 years’ imprisonment or more may be imposed;

        ‘(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years’ imprisonment or more may be imposed; and’.

    (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (a)(3) shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994.

SEC. 663. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS.

    (a) ADMINISTRATIVE HEARINGS- Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended--

      (1) in paragraph (2)--

        (A) by striking ‘and’ at the end of subparagraph (A) and inserting ‘or’, and

        (B) by amending subparagraph (B) to read as follows:

        ‘(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.’;

      (2) in paragraph (3), by striking ‘30 calendar days’ and inserting ‘14 calendar days’;

      (3) in paragraph (4)(B), by striking ‘proccedings’ and inserting ‘proceedings’;

      (4) in paragraph (4)--

        (A) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and

        (B) by adding after subparagraph (C) the following new subparagraphs:

        ‘(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands;

        ‘(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;’.

      (5) by adding at the end the following new paragraph:

      ‘(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may grant in the Attorney General’s discretion.’.

    (b) LIMIT ON JUDICIAL REVIEW- Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended to read as follows:

    ‘(d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact an alien described in such section, and no court shall have jurisdiction to review any other issue.’.

    (c) PRESUMPTION OF DEPORTABILITY- Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection:

    ‘(c) PRESUMPTION OF DEPORTABILITY- An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.’.

    (d) EFFECTIVE DATE- The amendments made by this section shall apply to all aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.

SEC. 664. RESTRICTING THE DEFENSE TO EXCLUSION BASED ON 7 YEARS PERMANENT RESIDENCE FOR CERTAIN CRIMINAL ALIENS.

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

SEC. 665. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER.

    (a) IN GENERAL- Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection:

    ‘(c) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that--

      ‘(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order;

      ‘(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and

      ‘(3) the entry of the order was fundamentally unfair.’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of the enactment of this Act.

SEC. 666. CRIMINAL ALIEN IDENTIFICATION SYSTEM.

    Section 130002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) is amended to read as follows:

    ‘(a) OPERATION AND PURPOSE- The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien identification system. The criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies.’.

SEC. 667. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO-PREDICATE OFFENSES.

    Section 1961(1) of title 18, United States Code, is amended--

      (1) by inserting ‘section 1028 (relating to fraud and related activity in connection with identification documents) if the act indictable under section 1028 was committed for the purpose of financial gain,’ before ‘section 1029’;

      (2) by inserting ‘section 1542 (relating to false statement in application and use of passport) if the act indictable under section 1542 was committed for the purpose of financial gain, section 1543 (relating to forgery or false use of passport) if the act indictable under section 1543 was committed for the purpose of financial gain, section 1544 (relating to misuse of passport) if the act indictable under section 1544 was committed for the purpose of financial gain, section 1546 (relating to fraud and misuse of visas, permits, and other documents) if the act indictable under section 1546 was committed for the purpose of financial gain, sections 1581-1588 (relating to peonage and slavery),’ after ‘section 1513 (relating to retaliating against a witness, victim, or an informant),’;

      (3) by striking ‘or’ before ‘(E)’; and

      (4) by inserting before the period at the end the following: ‘, or (F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain’.

SEC. 668. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS.

    Section 2516(1) of title 18, United States Code, is amended--

      (1) by striking ‘and’ at the end of paragraph (n),

      (2) by redesignating paragraph (o) as paragraph (p), and

      (3) by inserting after paragraph (n) the following new paragraph:

      ‘(o) a felony violation of section 1028 (relating to production of false identification documents), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents) of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or’.

SEC. 669. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL TURPITUDE.

    (a) IN GENERAL- Section 241(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as follows:

            ‘(II) is convicted of a crime for which a sentence of one year or longer may be imposed,’.

    (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.

SEC. 670. PAYMENTS TO POLITICAL SUBDIVISIONS FOR COSTS OF INCARCERATING ILLEGAL ALIENS.

    Amounts appropriated to carry out section 501 of the Immigration Reform and Control Act of 1986 for fiscal year 1995 shall be available to carry out section 242(j) of the Immigration and Nationality Act in that fiscal year with respect to undocumented criminal aliens incarcerated under the authority of political subdivisions of a State.

SEC. 671. MISCELLANEOUS PROVISIONS.

    (a) USE OF ELECTRONIC AND TELEPHONIC MEDIA IN DEPORTATION HEARINGS- The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ‘; except that nothing in this subsection

shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien’.

    (b) CODIFICATION-

      (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ‘Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.’.

      (2) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416) is amended by striking ‘and nothing in’ and all that follows through ‘1252(i))’.

      (3) The amendments made by this subsection shall take effect as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416).

SEC. 672. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

    No amendment made by this Act shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

SEC. 673. STUDY OF PRISONER TRANSFER TREATY WITH MEXICO.

    (a) REPORT TO CONGRESS- Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Attorney General shall submit to the Congress a report that describes the use and effectiveness of the Prisoner Transfer Treaty with Mexico (in this section referred to as the ‘Treaty’) to remove from the United States aliens who have been convicted of crimes in the United States.

    (b) USE OF TREATY- The report under subsection (a) shall include the following information:

      (1) The number of aliens convicted of a criminal offense in the United States since November 30, 1977, who would have been or are eligible for transfer pursuant to the Treaty.

      (2) The number of aliens described in paragraph (1) who have been transferred pursuant to the Treaty.

      (3) The number of aliens described in paragraph (2) who have been incarcerated in full compliance with the Treaty.

      (4) The number of aliens who are incarcerated in a penal institution in the United States who are eligible for transfer pursuant to the Treaty.

      (5) The number of aliens described in paragraph (4) who are incarcerated in State and local penal institutions.

    (c) EFFECTIVENESS OF TREATY- The report under subsection (a) shall include the recommendations of the Secretary of State and the Attorney General to increase the effectiveness and use of, and full compliance with, the Treaty. In considering the recommendations under this subsection, the Secretary and the Attorney General shall consult with such State and local officials in areas disproportionately impacted by aliens convicted of criminal offenses as the Secretary and the Attorney General consider appropriate. Such recommendations shall address the following areas:

      (1) Changes in Federal laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed a criminal offense in the United States.

      (2) Changes in State and local laws, regulations, and policies affecting the identification, prosecution, and deportation of aliens who have committed a criminal offense in the United States.

      (3) Changes in the Treaty that may be necessary to increase the number of aliens convicted of crimes who may be transferred pursuant to the Treaty.

      (4) Methods for preventing the unlawful re-entry into the United States of aliens who have been convicted of criminal offenses in the United States and transferred pursuant to the Treaty.

      (5) Any recommendations of appropriate officials of the Mexican Government on programs to achieve the goals of, and ensure full compliance with, the Treaty.

      (6) An assessment of whether the recommendations under this subsection require the renegotiation of the Treaty.

      (7) The additional funds required to implement each recommendation under this subsection.

SEC. 674. JUSTICE DEPARTMENT ASSISTANCE IN BRINGING TO JUSTICE ALIENS WHO FLEE PROSECUTION FOR CRIMES IN THE UNITED STATES.

    (a) ASSISTANCE TO STATES- The Attorney General, in cooperation with the Commissioner of Immigration and Naturalization and the Secretary of State, shall designate an office within the Department of Justice to provide technical and prosecutorial assistance to States and political

subdivisions of States in efforts to bring to justice aliens who flee prosecution for crimes in the United States.

    (b) REPORT TO CONGRESS- Not later than one year after the date of the enactment of this Act, the Attorney General shall compile and submit to the Congress a report which assesses the nature and extent of the problem of bringing to justice aliens who flee prosecution for crimes in the United States.

SEC. 675. PRISONER TRANSFER TREATIES.

    (a) NEGOTIATION- Congress advises the President to begin to negotiate and renegotiate, not later than 90 days after the date of the enactment of this Act, bilateral prisoner transfer treaties. The focus of such negotiations shall be to expedite the transfer of aliens unlawfully in the United States who are incarcerated in United States prisons, to ensure that a transferred prisoner serves the balance of the sentence imposed by the United States courts, and to eliminate any requirement of prisoner consent to such a transfer.

    (b) CERTIFICATION- The President shall submit to the Congress, annually, a certification as to whether each prisoner transfer treaty in force is effective in returning aliens unlawfully in the United States who have committed offenses for which they are incarcerated in the United States to their country of nationality for further incarceration.

SEC. 676. INTERIOR REPATRIATION PROGRAM.

    Not later than 180 days after the date of enactment of this Act, the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country’s border with the United States.

SEC. 677. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT.

    (a) IN GENERAL- Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows:

    ‘(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation.

    ‘(2) The Attorney General is authorized to deport an alien in accordance with applicable procedures under this Act prior to the completion of a sentence of imprisonment--

      ‘(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), and (ii) such deportation of the alien is appropriate and in the best interest of the United States; or

      ‘(B) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), (ii) such deportation is appropriate and in the best interest of the State, and (iii) submits a written request to the Attorney General that such alien be so deported.

    ‘(3) Any alien deported pursuant to this subsection shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens deported under paragraph (2).’.

    (b) REENTRY OF ALIEN DEPORTED PRIOR TO COMPLETION OF TERM OF IMPRISONMENT- Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) amended by adding at the end the following new subsection:

    ‘(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien’s reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.’.

TITLE VII--AUTHORIZATION AND FUNDING

SEC. 701. FIREFIGHTER AND EMERGENCY SERVICES TRAINING.

    The Attorney General may award grants in consultation with the Federal Emergency Management Agency for the purposes of providing specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. To carry out the purposes of this section, there is authorized to be appropriated $5,000,000 for fiscal year 1996.

SEC. 702. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE DETECTION DEVICES AND OTHER COUNTER-TERRORISM TECHNOLOGY.

    There is authorized to be appropriated not to exceed $10,000,000 for fiscal years 1996 and 1997 to the President to provide assistance to foreign countries facing an imminent danger of terrorist attack that threatens the national interest of the United States or puts United States nationals at risk--

      (1) in obtaining explosive detection devices and other counter-terrorism technology; and

      (2) in conducting research and development projects on such technology.

SEC. 703. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTER-TERRORISM TECHNOLOGIES.

    There are authorized to be appropriated not to exceed $10,000,000 to the National Institute of Justice Science and Technology Office--

      (1) to develop technologies that can be used to combat terrorism, including technologies in the areas of--

        (A) detection of weapons, explosives, chemicals, and persons;

        (B) tracking;

        (C) surveillance;

        (D) vulnerability assessment; and

        (E) information technologies;

      (2) to develop standards to ensure the adequacy of products produced and compatibility with relevant national systems; and

      (3) to identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism.

TITLE VIII--MISCELLANEOUS

SEC. 801. STUDY OF STATE LICENSING REQUIREMENTS FOR THE PURCHASE AND USE OF HIGH EXPLOSIVES.

    The Secretary of the Treasury, in consultation with the Federal Bureau of Investigation, shall conduct a study of State licensing requirements for the purchase and use of commercial high explosives, including detonators, detonating cords, dynamite, water gel, emulsion, blasting agents, and boosters. Not later than 180 days after the date of the enactment of this Act, the Secretary shall report to Congress the results of this study, together with any recommendations the Secretary determines are appropriate.

SEC. 802. COMPENSATION OF VICTIMS OF TERRORISM.

    (a) REQUIRING COMPENSATION FOR TERRORIST CRIMES- Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(d)(3)) is amended--

      (1) by inserting ‘crimes involving terrorism,’ before ‘driving while intoxicated’; and

      (2) by inserting a comma after ‘driving while intoxicated’.

    (b) FOREIGN TERRORISM- Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(b)(6)(B)) is amended by inserting ‘are outside the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18, United States Code), or’ before ‘are States not having’.

SEC. 803. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.

    (a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES- Section 1605 of title 28, United States Code, is amended--

      (1) in subsection (a)--

        (A) by striking ‘or’ at the end of paragraph (5);

        (B) by striking the period at the end of paragraph (6) and inserting ‘; or’; and

        (C) by adding at the end the following new paragraph:

      ‘(7) not otherwise covered by paragraph (2), in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that--

        ‘(A) an action under this paragraph shall not be instituted unless the claimant first affords the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration;

        ‘(B) an action under this paragraph shall not be maintained unless the act upon which the claim is based occurred while the individual bringing the claim was a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act); and

        ‘(C) the court shall decline to hear a claim under this paragraph if the foreign state against whom the claim has been brought establishes that procedures and remedies are available in such state which comport with fundamental fairness and due process.’; and

      (2) by adding at the end the following new subsection:

    ‘(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.’.

    (b) EXCEPTION TO IMMUNITY FROM ATTACHMENT-

      (1) FOREIGN STATE- Section 1610(a) of title 28, United States Code, is amended--

        (A) by striking the period at the end of paragraph (6) and inserting ‘, or’; and

        (B) by adding at the end the following new paragraph:

      ‘(7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based.’.

      (2) AGENCY OR INSTRUMENTALITY- Section 1610(b)(2) of such title is amended--

        (A) by striking ‘or (5)’ and inserting ‘(5), or (7)’; and

        (B) by striking ‘used for the activity’ and inserting ‘involved in the act’.

    (c) APPLICABILITY- The amendments made by this title shall apply to any cause of action arising before, on, or after the date of the enactment of this Act.

SEC. 804. STUDY OF PUBLICLY AVAILABLE INSTRUCTIONAL MATERIAL ON THE MAKING OF BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION.

    (a) STUDY- The Attorney General, in consultation with such other officials and individuals as the Attorney General deems appropriate, shall conduct a study concerning--

      (1) the extent to which there are available to the public material in any medium (including print, electronic, or film) that instructs how to make bombs, other destructive devices, and weapons of mass destruction;

      (2) the extent to which information gained from such material has been used in incidents of domestic and international terrorism;

      (3) the likelihood that such information may be used in future incidents of terrorism; and

      (4) the application of existing Federal laws to such material, the need and utility, if any, for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution.

    (b) REPORT- Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to the Congress a report that contains the results of the study required by this section. The Attorney General shall make the report available to the public.

SEC. 805. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES.

    (a) FINDINGS- Congress finds that--

      (1) threats of violence and acts of violence are mounting against Federal, State, and local government employees and their families in attempts to stop public servants from performing their lawful duties;

      (2) these acts are a danger to our constitutional form of government; and

      (3) more information is needed as to the extent of the danger and its nature so that steps can be taken to protect public servants at all levels of government in the performance of their duties.

    (b) STATISTICS- The Attorney General shall acquire data, for the calendar year 1990 and each succeeding calendar year about crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees in performance of their lawful duties. Such data shall include--

      (1) in the case of crimes against such employees, the nature of the crime; and

      (2) in the case of incidents of threats of violence and acts of violence, including verbal and implicit threats against such employees, whether or not criminally punishable, which deter the employees from the performance of their jobs.

    (c) GUIDELINES- The Attorney General shall establish guidelines for the collection of such data, including what constitutes sufficient evidence of noncriminal incidents required to be reported.

    (d) ANNUAL PUBLISHING- The Attorney General shall publish an annual summary of the data acquired under this section. Otherwise such data shall be used only for research and statistical purposes.

    (e) EXEMPTION- The United States Secret Service is not required to participate in any statistical reporting activity under this section with respect to any direct or indirect threats made against any individual for whom the United States Secret Service is authorized to provide protection.

SEC. 806. VICTIM RESTITUTION ACT OF 1995.

    (a) ORDER OF RESTITUTION- Section 3663 of title 18, United States Code, is amended--

      (1) in subsection (a)--

        (A) in paragraph (1)--

          (i) by striking ‘may order, in addition to or, in the case of a misdemeanor, in lieu of any other penalty authorized by law’ and inserting ‘shall order’; and

          (ii) by adding at the end the following: ‘The requirement of this paragraph does not affect the power of the court to impose any other penalty authorized by law. In the case of a misdemeanor, the court may impose restitution in lieu of any other penalty authorized by law.’;

        (B) by adding at the end the following:

    ‘(4) In addition to ordering restitution to the victim of the offense of which a defendant is convicted, a court may order restitution to any person who, as shown by a preponderance of evidence, was harmed physically, emotionally, or pecuniarily, by unlawful conduct of the defendant during--

      ‘(A) the criminal episode during which the offense occurred; or

      ‘(B) the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.’;

      (2) in subsection (b)(1)(B) by striking ‘impractical’ and inserting ‘impracticable’;

      (3) in subsection (b)(2) by inserting ‘emotional or’ after ‘resulting in’;

      (4) in subsection (b)--

        (A) by striking ‘and’ at the end of paragraph (4);

        (B) by redesignating paragraph (5) as paragraph (6); and

        (C) by inserting after paragraph (4) the following new paragraph:

      ‘(5) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense; and’;

      (5) in subsection (c) by striking ‘If the court decides to order restitution under this section, the’ and inserting ‘The’;

      (6) by striking subsections (d), (e), (f), (g), and (h);

      (7) by redesignating subsection (i) as subsection (m); and

      (8) by inserting after subsection (c) the following:

    ‘(d)(1) The court shall order restitution to a victim in the full amount of the victim’s losses as determined by the court and without consideration of--

      ‘(A) the economic circumstances of the offender; or

      ‘(B) the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source.

    ‘(2) Upon determination of the amount of restitution owed to each victim, the court shall specify in the restitution order the manner in which and the schedule according to which the restitution is to be paid, in consideration of--

      ‘(A) the financial resources and other assets of the offender;

      ‘(B) projected earnings and other income of the offender; and

      ‘(C) any financial obligations of the offender, including obligations to dependents.

    ‘(3) A restitution order may direct the offender to make a single, lump-sum payment, partial payment at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender. A restitution order shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution, and where the identity of such victims and other persons can be reasonably determined.

    ‘(4) An in-kind payment described in paragraph (3) may be in the form of--

      ‘(A) return of property;

      ‘(B) replacement of property; or

      ‘(C) services rendered to the victim or to a person or organization other than the victim.

    ‘(e) When the court finds that more than 1 offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount of restitution or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender.

    ‘(f) When the court finds that more than 1 victim has sustained a loss requiring restitution by an offender, the court shall order full restitution to each victim but may provide for different payment schedules to reflect the economic circumstances of each victim.

    ‘(g)(1) If the victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution to victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.

    ‘(2) The issuance of a restitution order shall not affect the entitlement of a victim to receive compensation with respect to a loss from insurance or any other source until the payments actually received by the victim under the restitution order fully compensate the victim for the loss, at which time a person that has provided compensation to the victim shall be entitled to receive any payments remaining to be paid under the restitution order.

    ‘(3) Any amount paid to a victim under an order of restitution shall be set off against any amount later recovered as compensatory damages by the victim in--

      ‘(A) any Federal civil proceeding; and

      ‘(B) any State civil proceeding, to the extent provided by the law of the State.

    ‘(h) A restitution order shall provide that--

      ‘(1) all fines, penalties, costs, restitution payments and other forms of transfers of money or property made pursuant to the sentence of the court shall be made by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment by the entity in accordance with this subsection;

      ‘(2) the entity designated by the Director of the Administrative Office of the United States Courts shall--

        ‘(A) log all transfers in a manner that tracks the offender’s obligations and the current status in meeting those obligations, unless, after efforts have been made to enforce the restitution order and it appears that compliance cannot be obtained, the court determines that continued recordkeeping under this subparagraph would not be useful; and

        ‘(B) notify the court and the interested parties when an offender is 30 days in arrears in meeting those obligations; and

      ‘(3) the offender shall advise the entity designated by the Director of the Administrative Office of the United States Courts of any change in the offender’s address during the term of the restitution order.

    ‘(i) A restitution order shall constitute a lien against all property of the offender and may be recorded in any Federal or State office for the recording of liens against real or personal property.

    ‘(j) Compliance with the schedule of payment and other terms of a restitution order shall be a condition of any probation, parole, or other form of release of an offender. If a defendant fails to comply with a restitution order, the court may revoke probation or a term of supervised release, modify the term or conditions of probation or a term of supervised release, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, or take any other action necessary to obtain compliance with the restitution order. In determining what action to take, the court shall consider the defendant’s employment status, earning ability, financial resources, the willfulness in failing to comply with the restitution order, and any other circumstances that may have a bearing on the defendant’s ability to comply with the restitution order.

    ‘(k) An order of restitution may be enforced--

      ‘(1) by the United States--

        ‘(A) in the manner provided for the collection and payment of fines in subchapter B of chapter 229 of this title; or

        ‘(B) in the same manner as a judgment in a civil action; and

      ‘(2) by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action.

    ‘(l) A victim or the offender may petition the court at any time to modify a restitution order as appropriate in view of a change in the economic circumstances of the offender.’.

    (b) PROCEDURE FOR ISSUING ORDER OF RESTITUTION- Section 3664 of title 18, United States Code, is amended--

      (1) by striking subsection (a);

      (2) by redesignating subsections (b), (c), (d), and (e) as subsections (a), (b), (c), and (d);

      (3) by amending subsection (a), as redesignated by paragraph (2), to read as follows:

    ‘(a) The court may order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant’s dependents, and such other factors as the court deems appropriate. The probation service of the court shall include the information collected in the report of presentence investigation or in a separate report, as the court directs.’; and

      (4) by adding at the end thereof the following new subsection:

    ‘(e) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.’.

TITLE IX--HABEAS CORPUS REFORM

SEC. 901. FILING DEADLINES.

    Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection:

    ‘(d)(1) A 1-year period of limitation shall apply to an application for a write of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--

      ‘(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

      ‘(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;

      ‘(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

      ‘(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

    ‘(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim shall not be counted toward any period of limitation under this subsection.’.

SEC. 902. APPEAL.

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

‘Sec. 2253. Appeal

    ‘(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.

    ‘(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person’s detention pending removal proceedings.

    ‘(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from--

      ‘(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or

      ‘(B) the final order in a proceeding under section 2255.

    ‘(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.

    ‘(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).’.

SEC. 903. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.

    Rule 22 of the Federal Rules of Appellate Procedure is amended to read as follows:

‘Rule 22. Habeas corpus and section 2255 proceedings

    ‘(a) APPLICATION FOR THE ORIGINAL WRIT- An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28, United States Code, appeal to the appropriate court of appeals from the order of the district court denying the writ.

    ‘(b) CERTIFICATE OF APPEALABILITY- In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, an appeal by the applicant for the writ may not proceed unless a district or a circuit judge issues a certificate of appealability pursuant to section 2253(c) of title 28, United States Code. If an appeal is taken by the applicant, the district judge who rendered the judgment shall either issue a certificate of appealability or state the reasons why such a certificate should not issue. The certificate or the statement shall be forwarded to the court of appeals with the notice of appeal and the file of the proceedings in the district court. If the district judge has denied the certificate, the applicant for the writ may then request issuance of the certificate by a circuit judge. If such a request is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or its representative, a certificate of appealability is not required.’.

SEC. 904. SECTION 2254 AMENDMENTS.

    Section 2254 of title 28, United States Code, is amended--

      (1) by amending subsection (b) to read as follows:

    ‘(b)(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that--

      ‘(A) the applicant has exhausted the remedies available in the courts of the State; or

      ‘(B)(i) there is an absence of available State corrective process; or

      ‘(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.

    ‘(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.

    ‘(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.’;

      (2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;

      (3) by inserting after subsection (c) the following new subsection:

    ‘(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim--

      ‘(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or

      ‘(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.’;

      (4) by amending subsection (e), as redesignated by paragraph (2), to read as follows:

    ‘(e)(1) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall be presumed

to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.

    ‘(2) If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that--

      ‘(A) the claim relies on--

        ‘(i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or

        ‘(ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and

      ‘(B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.’; and

      (5) by adding at the end the following new subsections:

    ‘(h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.

    ‘(i) The ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254.’.

SEC. 905. SECTION 2255 AMENDMENTS.

    Section 2255 of title 28, United States Code, is amended--

      (1) by striking the second and fifth undesignated paragraphs; and

      (2) by adding at the end the following new undesignated paragraphs:

    ‘A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of--

      ‘(1) the date on which the judgment of conviction becomes final;

      ‘(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;

      ‘(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or

      ‘(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.

    ‘Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for a movant who is or becomes financially unable to afford counsel shall be in the discretion of the court, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.

    ‘A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain--

      ‘(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or

      ‘(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.’.

SEC. 906. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.

    (a) CONFORMING AMENDMENT TO SECTION 2244(a)- Section 2244(a) of title 28, United States Code, is amended by striking ‘and the petition’ and all that follows through ‘by such inquiry.’ and inserting ‘, except as provided in section 2255.’.

    (b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS- Section 2244(b) of title 28, United States Code, is amended to read as follows:

    ‘(b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.

    ‘(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless--

      ‘(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or

      ‘(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and

      ‘(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.

    ‘(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.

    ‘(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals.

    ‘(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection.

    ‘(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion.

    ‘(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari.

    ‘(4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.’.

SEC. 907. DEATH PENALTY LITIGATION PROCEDURES.

    (a) ADDITION OF CHAPTER TO TITLE 28, UNITED STATES CODE- Title 28, United States Code, is amended by inserting after chapter 153 the following new chapter:

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

      ‘Sec.

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

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

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

      ‘2264. Scope of Federal review; district court adjudications.

      ‘2265. Application to State unitary review procedure.

      ‘2266. Limitation periods for determining applications and motions.

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

    ‘(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied.

    ‘(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized by State law, a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. The rule of court or statute must provide standards of competency for the appointment of such counsel.

    ‘(c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record--

      ‘(1) appointing one or more counsels to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer;

      ‘(2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or

      ‘(3) denying the appointment of counsel upon a finding that the prisoner is not indigent.

    ‘(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.

    ‘(e) The ineffectiveness or incompetence of counsel during State or Federal post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under section 2254. This limitation shall not preclude the appointment of different counsel, on the court’s own motion or at the request of the prisoner, at any phase of State or Federal post-conviction proceedings on the basis of the ineffectiveness or incompetence of counsel in such proceedings.

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

    ‘(a) Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.

    ‘(b) A stay of execution granted pursuant to subsection (a) shall expire if--

      ‘(1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;

      ‘(2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or

      ‘(3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.

    ‘(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).

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

    ‘(a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.

    ‘(b) The time requirements established by subsection (a) shall be tolled--

      ‘(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review;

      ‘(2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and

      ‘(3) during an additional period not to exceed 30 days, if--

        ‘(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and

        ‘(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.

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

    ‘(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is--

      ‘(1) the result of State action in violation of the Constitution or laws of the United States;

      ‘(2) the result of the Supreme Court recognition of a new Federal right that is made retroactively applicable; or

      ‘(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review.

    ‘(b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.

‘Sec. 2265. Application to State unitary review procedure

    ‘(a) For purposes of this section, a ‘unitary review’ procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. This chapter shall apply, as provided in this section, in relation to a State unitary review procedure if the State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in the unitary review proceedings, including expenses relating to the litigation of collateral claims in the proceedings. The rule of court or statute must provide standards of competency for the appointment of such counsel.

    ‘(b) To qualify under this section, a unitary review procedure must include an offer of counsel following trial for the purpose of representation on unitary review, and entry of an order, as provided in section 2261(c), concerning appointment of counsel or waiver or denial of appointment of counsel for that purpose. No counsel appointed to represent the prisoner in the unitary review proceedings shall have previously represented the prisoner at trial in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.

    ‘(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation to cases involving a sentence of death from any State having a unitary review procedure that qualifies under this section. References to State ‘post-conviction review’ and ‘direct review’ in such sections shall be understood as referring to unitary review under the State procedure. The reference in section 2262(a) to ‘an order under section 2261(c)’ shall be understood as referring to the post-trial order under subsection (b) concerning representation in the unitary review proceedings, but if a transcript of the trial proceedings is unavailable at the time of the filing of such an order in the appropriate State court, then the start of the 180-day limitation period under section 2263 shall be deferred until a transcript is made available to the prisoner or counsel of the prisoner.

‘Sec. 2266. Limitation periods for determining applications and motions

    ‘(a) The adjudication of any application under section 2254 that is subject to this chapter, and the adjudication of any motion under section 2255 by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters.

    ‘(b)(1)(A) A district court shall render a final determination and enter a final judgment on any application for a writ of habeas corpus brought under this chapter in a capital case not later than 180 days after the date on which the application is filed.

    ‘(B) A district court shall afford the parties at least 120 days in which to complete all actions, including the preparation of all pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for decision.

    ‘(C)(i) A district court may delay for not more than one additional 30-day period beyond the period specified in subparagraph (A), the rendering of a determination of an application for a writ of habeas corpus if the court issues a written order making a finding, and stating the reasons for the finding, that the ends of justice that would be served by allowing the delay outweigh the best interests of the public and the applicant in a speedy disposition of the application.

    ‘(ii) The factors, among others, that a court shall consider in determining whether a delay in the disposition of an application is warranted are as follows:

      ‘(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice.

      ‘(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate briefing within the time limitations established by subparagraph (A).

      ‘(III) Whether the failure to allow a delay in a case, that, taken as a whole, is not so unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would unreasonably deny the applicant or the government continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

    ‘(iii) No delay in disposition shall be permissible because of general congestion of the court’s calendar.

    ‘(iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under paragraph (5).

    ‘(2) The time limitations under paragraph (1) shall apply to--

      ‘(A) an initial application for a writ of habeas corpus;

      ‘(B) any second or successive application for a writ of habeas corpus; and

      ‘(C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered.

    ‘(3)(A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.

    ‘(B) No amendment to an application for a writ of habeas corpus under this chapter shall be permitted after the filing of the answer to the application, except on the grounds specified in section 2244(b).

    ‘(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence.

    ‘(B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ or mandamus not later than 30 days after the filing of the petition.

    ‘(5)(A) The Administrative Office of United States Courts shall submit to Congress an annual report on the compliance by the district courts with the time limitations under this section.

    ‘(B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv).

    ‘(c)(1)(A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed.

    ‘(B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed.

    ‘(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered.

    ‘(2) The time limitations under paragraph (1) shall apply to--

      ‘(A) an initial application for a writ of habeas corpus;

      ‘(B) any second or successive application for a writ of habeas corpus; and

      ‘(C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered.

    ‘(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.

    ‘(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence.

    ‘(B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court.

    ‘(5) The Administrative Office of United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.’.

    (b) TECHNICAL AMENDMENT- The table of chapters at the beginning of part VI of title 28, United States Code, is amended by adding after the item relating to chapter 153 the following new item:

2261’.

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

SEC. 908. TECHNICAL AMENDMENT.

    Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) is amended by amending paragraph (9) to read as follows:

    ‘(9) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant’s attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under paragraph (10). No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.’.

SEC. 909. SEVERABILITY.

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