Executive Producers: Dame Janette of the Lone Star Sky, Baronette's Dame Kathy & Sir Greg Simunich, Arch Duke Sir Dwayne Melancon, Sir William Granger the Red Knight
Associate Executive Producers: Sir Brett Mahoney, Ben Truman, Jake Lester, Sir Cumvent The Law - Protector of Privacy
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Knights & Dames: Janette Hill -> Dame Janette of the Lone Star Sky, Brian Vaughan -> Sir Drumcat, William Granger -> Sir William the Red Knight, Ed Zollo -> Sir Ed of Rostrevor
Titles: Dame Kathy & Sir Greg Simunich -> Baronets, Dwayne Melancon - Arch Duke
I was listening to your New Years Eve show and I loved the uber for trains idea. I came up with railax.com as a name for it. “just book with us and Railax across the country”
From the ''say your prayers, we're gonna roast'' department.
On January 25th, 2006, while at the Sundance film festival, screening ''An Inconvenient Truth'', Al Gore said this as chronicled in an article by CBS News:
The former vice president came to town for the premiere of ''An Inconvenient Truth,'' a documentary chronicling what has become his crusade since losing the 2000 presidential election: Educating the masses that global warming is about to toast our ecology and our way of life.
Gore has been saying it for decades, since a college class in the 1960s convinced him that greenhouse gases from oil, coal and other carbon emissions were trapping the sun's heat in the atmosphere, resulting in a glacial meltdown that could flood much of the planet.
Americans have been hearing it for decades, wavering between belief and skepticism that it all may just be a natural part of Earth's cyclical warming and cooling phases.
And politicians and corporations have been ignoring the issue for decades, to the point that unless drastic measures to reduce greenhouse gases are taken within the next 10 years, the world will reach a point of no return, Gore said.
He sees the situation as ''a true planetary emergency.''
''If you accept the truth of that, then nothing else really matters that much,'' Gore said in an interview with The Associated Press. ''We have to organize quickly to come up with a coherent and really strong response, and that's what I'm devoting myself to.''
Well, the 10 years are about up, by now, warming should have reached ''planetary emergency levels'' Let's look at the data:
Satellite data since 1979:
As you can see, little has changed since 2006. Note the spike in 1998, in the 18 years since the great El Ni±o of 97/98, that hasn't been matched, and the current one we are in isn't stronger, and looks to be on the way to decaying. So much for the ''monster'' El Ni±o.
Dr. John Christy recently wrote of the satellite record since 1979:
While a 0.12 C trend isn't exactly a sprint to climate catastrophe (the 1.2 C or 2.2 degrees F rise over 100 years would be roughly equal to the warming seen most spring days between 10 a.m. and noon), it nonetheless has been a steady trend for the past several years. Take away the random variations caused by warm and cold weather systems, and any long-term trend, no matter how small, will produce climate records on a regular basis. Add to that long-term warming the additional heat of a large El Ni±o, and record-setting monthly average temperatures should be both routine and expected.
Despite that, early indications are that 2015 will end as the third warmest year in the satellite temperature record, behind 1998 and 2010. That is the early indication. Typically, the warmest temperatures are seen in the second year of an El Ni±o warming event, although there have been exceptions. If the typical pattern holds true, the second year of the current El Ni±o would be expected to bring more record high temperatures in 2016, perhaps including a new record high temperature for the year.
The fastest warming place on Earth over the past 37 years has been in the Arctic Ocean north of the Svalbard archipelago, where temperatures have been rising 0.5 C (about 0.9 degrees F) per decade. The fastest cooling spot was over the eastern Antarctic near Dome C. Temperatures there have been falling at the rate of 0.41 C (about 0.74 degrees F) per decade.
Warmer at the North pole, colder at the South pole since 1979. Source: UAH
The surface record for the last 10 years:
Global surface temperature from Jan. 2006 to Nov. 2015
Of course, proponents of climatic catastrophe will look at that and say ''Gore was right!'' '...except there is this small niggling problem, a fairly large El Ni±o in 2015, which has nothing to do with CO2 induced warming as Gore claimed ten years ago. Note the spike in 2007, in the nine years since, that hasn't been matched.
The real point here is to note that, no matter whether you are looking at the satellite record or the surface temperature record, is that the temperature hasn't risen dramatically in the last 10 years, and the dramatic spikes we see in the surface and satellite temperature records correspond to a natural event that's been going on for millennia; El Ni±o.
According to Gore, this map should have been all reds now.
In a recent post about why El Nino drive global temperatures, Dr. Roy Spencer wrote this: What Causes El Nino Warmth?
Dick Lindzen suggested to me recently that this might be a good time to address the general question, ''what causes the global-average warmth during El Nino?''
Some of you might say, ''the sun, of course''. Yes, the sun's energy is the ultimate source of energy for the climate system, but it really doesn't explain why El Nino years are unusually warm'...or why La Nina years are unusually cool.
The answer lies in the circulation of the Pacific Ocean, more specifically the vertical circulation of that ocean basin.
The short answer is that, during El Nino, there is an average decrease in the vertical overturning and mixing of cold, deep ocean waters with solar-heated warm surface waters. The result is that the surface waters become warmer than average, and deeper waters become colder than average. The opposite situation occurs during La Nina.
Importantly, the change shows up in global average ocean computations, based upon ocean temperature data (see our Fig. 3, here); this means that the changes centered in the Pacific are not offset by changes of the opposite sign occurring in other ocean basins.
So, the big warming events of the last 10 years have been El Ni±o related, a natural event, and even they haven't reached catastrophic levels of global temperature.
Al Gore's posited ''within the next 10 years, the world will reach a point of no return'' and ''a true planetary emergency.'' is proving to be nothing more than PR bullshit to push his movie, and won't happen by the ten year countdown of January 25th 2016.
Gaia seems to be a ''Gore denier''. How inconvenient.
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Note: within a few minutes of publication this post was updated to fix a formatting error, a source for the countdown graphic, and a repeated phrase on temperature, and fix of the date of the 10 year anniversary from 2015 to 2016
NATIONAL MENTORING MONTH, 2016- - - - - - -BY THE PRESIDENT OF THE UNITED STATES OF AMERICAA PROCLAMATION
At the heart of America's promise is the belief that we all do better when everyone has a fair shot at reaching for their dreams. Throughout our Nation's history, Americans of every background have worked to uphold this ideal, joining together in common purpose to serve as mentors and lift up our country's youth. During National Mentoring Month, we honor all those who continuously strive to provide young people with the resources and support they need and deserve, and we recommit to building a society in which all mentors and mentees can thrive in mutual learning relationships.
By sharing their own stories and offering guidance and advice, mentors can instill a sense of infinite possibility in the hearts and minds of their mentees, demonstrating that with hard work and passion, nothing is beyond their potential. Whether simply offering a compassionate ear or actively teaching and inspiring curiosity, mentors can play pivotal roles in young peoples' lives. When given a chance to use their talents and abilities to engage in their communities and contribute to our world, our Nation's youth rise to the challenge. They make significant impacts in their communities and shape a brighter future for coming generations.
My Administration is committed to fostering opportunities for mentorship -- because when our children have strong, positive role models to look up to, they grow up to be good neighbors and good fellow citizens. Through the My Brother's Keeper initiative, we are working with local governments, businesses, and charitable organizations across our country to connect more of our youth to effective mentoring programs and support networks to reinforce the fact that all young people are valued and to empower them with the skills they need to reach their full potential. We have achieved the highest high school graduation rate on record -- 82 percent -- and we remain focused on setting high standards that will help our students graduate ready for college and careers. In addition, we are supporting job-driven training initiatives like apprenticeships so our doers and dreamers can earn and learn at the same time. And through First Lady Michelle Obama's Reach Higher initiative, we are working to ensure every student has the opportunity to pursue their education and life goals.
Every young person can benefit from having a mentor, and all people carry unique ideas and experiences they can employ as a mentor. I encourage all Americans to visit www.Serve.gov/Mentor to learn more about opportunities to make a lasting difference in the lives of our youth. This month, let us pledge our support for our Nation's young people, and let us honor those who give of themselves to uplift our next generation. Working together, we can provide every child with the tools, guidance, and confidence they need to flourish and succeed.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2016 as National Mentoring Month. I call upon public officials, business and community leaders, educators, and Americans across the country to observe this month with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.
BARACK OBAMA
Presidential Proclamation -- National Slavery and Human Trafficking Prevention Month
NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH, 2016- - - - - - -BY THE PRESIDENT OF THE UNITED STATES OF AMERICAA PROCLAMATION
One hundred and fifty years ago, our Nation codified the fundamental truth that slavery is an affront to human dignity. Still, the bitter fact remains that millions of men, women, and children around the globe, including here at home, are subject to modern-day slavery: the cruel, inhumane practice of human trafficking. This month, we rededicate ourselves to assisting victims of human trafficking and to combating it in all its forms.
Human trafficking occurs in countries throughout the world and in communities across our Nation. Children are forced to fight as soldiers, young people are coerced into prostitution, and migrants are exploited. People from all walks of life are trafficked every day, and the United States is committed to remaining a leader in the global movement to end this abhorrent practice. My Administration has made addressing human trafficking issues in supply chains a priority. Earlier this year, the White House brought together private sector and non-governmental organizations to discuss ways to prevent and eliminate trafficking-related activities in Federal contracts and in private sector supply chains. Our National Convening on Trafficking and Child Welfare helped promote partnership and establish coordinated action plans to end human trafficking. Additionally, my Interagency Task Force to Monitor and Combat Trafficking in Persons has proposed a robust set of initiatives. Our anti-trafficking efforts are supported by a newly established Federal Office on Trafficking in Persons, under the Department of Health and Human Services, which helps ensure trafficking victims can access the services they need.
As we work to end human trafficking here in the United States, we will continue to lead the effort to root it out around the world. Our intelligence teams have devoted more resources to identifying trafficking networks, law enforcement officers have been working to dismantle those networks, and prosecutors have striven to punish traffickers. We have also enhanced our domestic protections so foreign-born workers better understand their rights. Additionally, my Administration has been working closely with technology companies and law enforcement to better utilize technology to combat human trafficking. And our Nation will continue promoting development and economic growth across the globe to address the underlying conditions that enable human trafficking in the first place.
All nations have a part to play in keeping our world safe for all people -- regardless of age, background, or belief. During National Slavery and Human Trafficking Prevention Month, let us recognize the victims of trafficking, and let us resolve to build a future in which its perpetrators are brought to justice and no people are denied their inherent human rights of freedom and dignity.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2016 as National Slavery and Human Trafficking Prevention Month, culminating in the annual celebration of National Freedom Day on February 1. I call upon businesses, national and community organizations, families, and all Americans to recognize the vital role we can play in ending all forms of slavery and to observe this month with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.
BARACK OBAMA
Presidential Proclamation -- National Stalking Awareness Month
NATIONAL STALKING AWARENESS MONTH, 2016- - - - - - -BY THE PRESIDENT OF THE UNITED STATES OF AMERICAA PROCLAMATION
Every person deserves to live freely and without the fear of being followed or harassed. Stalking is a violation of our fundamental freedoms, and it insults our most basic values as a Nation. Often perpetrated by those we know -- and sometimes by strangers -- stalking is a serious offense that occurs too frequently and goes unreported in too many cases. During National Stalking Awareness Month, we stand with victims of stalking, pledge to bring their stalkers to justice, and rededicate our efforts to ridding our schools, workplaces, and neighborhoods of this crime.
A repeated display of unwanted attention that instills fear, stalking affects people from all walks of life and makes us all less safe. Seven and a half million people are stalked in the United States each year, and 1 in 6 women will experience it at some point in their lives. People are stalked under a variety of circumstances and through a number of mediums. Text messages, emails, and phone calls are some of the most common means by which a stalker will harass someone, and offenders usually, although not always, have a prior association with the victim. Often offenders are or have been in an intimate relationship in which they have abused the victim, and in many instances stalking is a part of ongoing violence. Stalking is not only a tremendous breach of one's privacy and liberty, but its purpose is to cause victims to feel scared or anxious, terrorizing them and sometimes causing anxiety, insomnia, social dysfunction, and depression. It also has the potential to cause post-traumatic stress symptoms such as flashbacks, nightmares, and being constantly on guard. It is an affront to our basic humanity, and in some cases it can lead to more violent acts by the offenders.
In 2013, I signed the reauthorization of the Violence Against Women Act (VAWA) -- a groundbreaking law that recognizes stalking as the crime it is and provides more resources to victims. The Act also created new protections for lesbian, gay, bisexual, and transgender victims, as well as for immigrants and Native American women. Earlier this year, I signed an Executive Order that allows victims to use sick leave for absences related to stalking and that protects victims' privacy in the workplace. In my 2016 budget, I proposed additional funding to assist people being stalked who must make emergency moves to safer and more stable housing. And to build on these efforts, my Administration has implemented measures requiring institutions of higher education to collect and report information on stalking and other crimes as outlined in VAWA. Under the new regulations, these institutions are required to make their disciplinary processes more transparent and to provide ongoing prevention and awareness campaigns for students and employees -- because our classrooms should be safe havens where everyone can pursue their dreams and fulfill their potential free from the fear of being stalked or harassed.
As we embark on a new year, let us resolve to make it one in which every person can safely and confidently make of their lives what they will. By holding stalkers accountable and providing victims and survivors with the support and assistance they need, we can ensure ours is a Nation dedicated to promoting safety, common decency, and respect.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 2016 as National Stalking Awareness Month. I call upon all Americans to recognize the signs of stalking, acknowledge stalking as a serious crime, and urge those affected not to be afraid to speak out or ask for help. Let us also resolve to support victims and survivors, and to create communities that are secure and supportive for all Americans.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of December, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and fortieth.
Image copyrightAFPImage caption Critics said Mr Trump's call for a ban on Muslims entering the US would be used by militants to recruit would-be jihadists The Somali Islamist group al-Shabab has released a propaganda video featuring footage of the US presidential hopeful, Donald Trump.
It shows his recent call for Muslims to be barred from entering the US.
It also shows al-Shabab - al-Qaeda's East African affiliate - urging African-Americans to convert to Islam and to take part in holy war.
It says racism, police brutality and anti-Muslim sentiment are rife in the US.
Mr Trump's campaign team has not responded to the video.
In recent years, several Somali-Americans from Minnesota have gone to fight for al-Shabab in Somalia.
Mr Trump is shown 10 minutes into the 51-minute film making his December call for the US to bar all Muslims, in the wake of deadly California shootings in San Bernardino on 2 December.
Media captionDonald Trump said he was calling for ''a total and complete shutdown of Muslims entering the US''Mr Trump said a "total and complete" shutdown should remain until the US authorities could "figure out" Muslim attitudes to the US. His comments were widely condemned in the US at the time.
And more recently, former US Secretary of State and Democratic presidential candidate Hillary Clinton said that, with his rhetoric, Mr Trump was becoming Islamic State's "best recruiter".
Mr Trump's statement is shown between two clips of militant leader Anwar al-Awlaki, who was killed in a drone strike in Yemen in 2011.
The film was distributed on Twitter on Friday by the al-Kataib media foundation, an Islamist militant organisation, intelligence agency SITE Monitoring reported.
Al-Shabab, which seeks to overthrow Somalia's Western-backed government and impose a strict version of Sharia (Islamic law), has carried out attacks in Kenya and Ethiopia.
Shabaab Encourages Black Youths in U.S. to Convert to Islam, Leave for Somali in Second Episode of Series on Minnesotan ''Martyrs''
NOTE: The following materials are for information purposes only and may not be copied, reproduced, or transmitted without the explicit permission of SITE Intelligence Group and specific attribution to SITE Intelligence Group.
DetailsMultimediaCreated: 01 January 2016
The Shabaab al-Mujahideen Movement, al-Qaeda's branch in Somalia, released the second episode in its series on slain American fighters from Minnesota, and in this installment, encouraged black youths in the U.S. to convert to Islam and leave for the Somali battlefield.
If Trump can motivate ISIS and American Muslims to kill with an immigration threat, why aren't the mexican gangs and 'directing' radicalized Mexicans to kill under threat of mass deportation!?
Al Qaeda's branch in Somalia released a recruitment video on Friday that criticized racism and anti-Muslim sentiment in the United States and contained footage of the Republican presidential candidate Donald J. Trump announcing his proposal to bar Muslims from entering the country.
The video, released by the militant group Shabab, appeared to be the first time that Mr. Trump was featured in jihadist recruitment material. During a Democratic presidential debate last month, Hillary Clinton said that Mr. Trump had been used in a recruitment video for the Islamic State, a claim that was later debunked.
Al Qaeda and the Islamic State are rival jihadist groups that compete for recruits and money among radicalized Muslims.
Representatives for the Trump campaign did not respond to requests for comment on Friday.
Donald J. Trump speaking during a campaign stop in Council Bluffs, Iowa, on Tuesday.
Nati Harnik / Associated Press
The video was part of a series dedicated to Somali-American jihadists from Minnesota and one Canadian who died on the battlefield in Somalia. The video was authenticated by the SITE Intelligence Group, which studies jihadist propaganda, and it appeared to be aimed at the African-American community.
Citing ''historical injustices'' against African-Americans, including police brutality and racial profiling, the video urged them to convert to Islam and engage in jihad at home or abroad.
In addition to footage of Mr. Trump, the video, which is 51 minutes long, included excerpts from speeches by Malcolm X and unnamed white supremacists, as well as footage of white police officers, African-Americans protesting police brutality and African-American men in prison. Some appeared to be performing Islamic prayers.
Using footage of Anwar al-Awlaki, an American member of a Qaeda affiliate who was killed in an American drone attack in 2011, the video also said the United States was gripped by a ''malignant hatred'' of Islam. It warned American Muslims that ''there are ominous clouds gathering in your horizon.''
''Yesterday, America was a land of slavery, segregation, lynching and Ku Klux Klan, and tomorrow, it will be a land of religious discrimination and concentration camps,'' Mr. Awlaki said in the previously recorded footage.
The video includes footage of Mr. Trump in front of a poster with his campaign slogan, ''Make America Great Again.''
''So remember this, so listen, Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the hell is going on,'' Mr. Trump said.
Mr. Awlaki then reappeared on the video.
''The West will eventually turn against its Muslim citizens,'' he said, jabbing his finger toward the camera. Only two choices remained for Muslims in the United States, he said.
''You either leave or you fight,'' he said. ''You leave and live among Muslims, or you stay behind and follow the example of Nidal Hasan and others who fulfilled their duty of fighting for Allah's cause.''
Maj. Nidal Malik Hasan was an Army psychiatrist who staged a one-man attack at Fort Hood in Killeen, Tex., in November 2009, killing 13 people and wounding more than 30 others. He once attended a mosque in Virginia where Mr. Awlaki had preached and exchanged messages with him before committing his attack.
Al Qaeda is in many ways the parent organization of the Islamic State, which split from the group over differences in strategy in the war in Syria. The two groups now compete for influence among radicalized Muslims, a competition that the Islamic State has dominated in recent years.
That contest has played out in acts of spectacular violence around the world. Analysts have said that recent terrorist attacks in Paris and Mali have been partly driven by the desire of one group to outdo the other.
Their story has been consistent from the moment it happened. Hers has been a festival of shifting lies.
Via Daily Mail:
Hillary Clinton insists that if anyone is lying about the aftermath of the 2012 Benghazi terror attacks that left four Americans dead, it's 'not me.'
More than three years after the fires inside a U.S. diplomatic compound in the Libyan port city died down, the political heat is intensifying again '' with Clinton facing tough questions along her road to the White House.
The Daily Sun, a newspaper in rural Conway, New Hampshire, hosted an editorial board meeting with Clinton on Wednesday. Columnist Tom McLaughlin recounted for her the claims of victims' family members who said she had told them a crude Internet video that mocked the Islamic faith was responsible for inciting the attackers who killed their loved ones.
Clinton has denied making any such statement, despite the accounts of four people. One, the father of a slain CIA security contractor, took written notes of her words.
'Somebody is lying,' McLaughlin told her Wednesday. 'Who is it?'
'Not me, that's all I can tell you,' Clinton replied, casting blame on the families.
Update at 9:15 p.m.: Statement from Harney County Sheriff Dave Ward: "After the peaceful rally was completed today, a group of outside militants drove to the Malheur Wildlife Refuge, where they seized and occupied the refuge headquarters. A collective effort from multiple agencies is currently working on a solution. For the time being please stay away from that area. More information will be provided as it becomes available. Please maintain a peaceful and united front and allow us to work through this situation."
The Bundy family of Nevada joined with hard-core militiamen Saturday to take over the headquarters of the Malheur National Wildlife Refuge, vowing to occupy the remote federal outpost 50 miles southeast of Burns for years.
The occupation came shortly after an estimated 300 marchers '-- militia and local citizens both '-- paraded through Burns to protest the prosecution of two Harney County ranchers, Dwight Hammond Jr. and Steven Hammond, who are to report to prison on Monday.
Among the occupiers is Ammon Bundy, son of Nevada rancher Cliven Bundy, and two of his brothers. Militia members at the refuge claimed they had as many as 100 supporters with them. The refuge, federal property managed by the U.S. Fish and Wildlife Service, was closed and unoccupied for the holiday weekend.
In phone interviews from inside the occupied building Saturday night, Ammon Bundy and his brother, Ryan Bundy, said they are not looking to hurt anyone. But they would not rule out violence if police tried to remove them, they said.
"The facility has been the tool to do all the tyranny that has been placed upon the Hammonds," Ammon Bundy said.
"We're planning on staying here for years, absolutely," he added. "This is not a decision we've made at the last minute."
Here it is. Please know these men will speak to people civilly. Do not go up there guns blazing. Stay safe and smart.
Posted by Sarah Dee Spurlock on Saturday, January 2, 2016Neither man would say how many people are in the building or whether they are armed. Ryan Bundy said there were no hostages, but the group is demanding that the Hammonds be released and the federal government relinquish control of the Malheur National Forest.
He said many would be willing to fight '-- and die, if necessary '-- to defend what they see as constitutionally protected rights for states, counties and individuals to manage local lands.
"The best possible outcome is that the ranchers that have been kicked out of the area, then they will come back and reclaim their land, and the wildlife refuge will be shut down forever and the federal government will relinquish such control," he said. "What we're doing is not rebellious. What we're doing is in accordance with the Constitution, which is the supreme law of the land."
Government sources told The Oregonian/OregonLive that the militia also was planning to occupy a closed wildland fire station near the town of Frenchglen. The U.S. Bureau of Land Management posts crews there during the fire season.
Law enforcement officials so far have not commented on the situation. Oregon State Police, the Harney County Sheriff's Office and the FBI were involved.
Ammon Bundy posted a video on his Facebook page calling on patriots from across the country to report to the refuge '' with their weapons.
Pennies In ProtestMarchers pause outside the entrance to the Harney County Sheriff's Office to toss pennies. The coins were meant to symbolize citizens buying back their governmentThe dramatic turn came after other militia groups had tried to dampen community concerns they meant trouble.
Brandon Curtiss, a militia leader from Idaho, told The Oregonian/OregonLive he knew nothing about the occupation. He helped organize Saturday's protest and was at the Harney County Fairgrounds with dozens of other militia for a post-parade function. Another militia leader, BJ Soper, took to Facebook to denounce the occupation.
The occupation is being led by hard-core militia who adopted the Hammond cause as their own.
Ammon Bundy met with Dwight Hammond and his wife in November, seeking a way to keep the elderly rancher from having to surrender for prison. The Hammonds professed through their attorneys that they had no interest in ignoring the order to report for prison.
Ammon Bundy said the goal is to turn over federal land to local ranchers, loggers and miners. He said he met with 10 or so residents in Burns on Friday to try to recruit them, but they declined.
Burns ProtestMarchers including militia and local residents Saturday head for the Harney County Courthouse as part of a protest against government."We went to the local communities and presented it many times and to many different people," he said. "They were not strong enough to make the stand. So many individuals across the United States and in Oregon are making this stand. We hope they will grab onto this and realize that it's been happening."
Among those joining Bundy in the occupation are Ryan Payne, U.S. Army veteran, and Blaine Cooper. Payne has claimed to have helped organize militia snipers to target federal agents in a standoff last year in Nevada. He told one news organization the federal agents would have been killed had they made the wrong move.
He has been a steady presence in Burns in recent weeks, questioning people who were critical of the militia's presence. He typically had a holstered sidearm as he moved around the community.
At a community meeting in Burns Friday, Payne disavowed any ill intent.
"The agenda is to uphold the Constitution. That's all," he said.
Cooper, another militia leader, said at that meeting he participated in the Bundy standoff in Nevada.
"I went there to defend Cliven with my life," Cooper said.
Ian K. Kullgren of The Oregonian/OregonLive contributed to this report.
-- Les Zaitz
503-221-8181; @leszaitz
Armed militia, incl. Bundy bros, occupy forest reserve HQ in Oregon, call 'US patriots' to arms '-- RT USA
Nevada rancher Cliven Bundy's three sons and ''about 150'' militiamen have occupied the Malheur National Wildlife Refuge HQ to protest the pending imprisonment of two Oregon ranchers accused of arson, arguing the federal government has no authority in local cases.
''We're going to be freeing these lands up, and getting ranchers back to ranching, getting the loggers back to logging, getting the miners back to mining where they could do it under the protection of the people and not be afraid of this tyranny that's been set upon them,'' Ammon Bundy, who appears to be the leader of the group, said in a Facebook video posted by Sarah Dee Spurlock on Saturday.
Bundy appears to be standing at the scene of the takeover, surrounded by several men in military-style uniforms with rifles and hand-held radios.
The rancher points out that Harney County used to be the richest in state, and is now the poorest. His radical proposal to solve the situation is to have armed ''patriots'' come and live in a de-facto self-rule zone independent of the federal authorities.
Here it is. Please know these men will speak to people civilly. Do not go up there guns blazing. Stay safe and smart.
Posted by Sarah Dee Spurlock on Saturday, January 2, 2016The second speaker in the video, identified as Blane Cooper, equates the Bureau of Land Management (BLM) to bullies at school that used to beat one up and who eventually had to be put in their place.
''Until that line is drawn and say 'we've had enough of this tyranny, you are going to leave us alone' it will not change,'' the military-clad man says.
According to Cooper, they hope their occupation will spell the beginning of a US-wide movement.
''It doesn't have to stop here. This could be a hope that spreads through the whole country, the whole United States. Everybody's looking for this hope because the government has beat us, and oppressed us, and took everything from us; they will not stop until we tell them no,'' he claims.
The militiamen told OregonLive there were about 150 of them, but a couple who delivered food to the refuge HQ estimated that there were just 15.
The Bundys and their armed supporters occupied the federal property after splitting from a peaceful Saturday morning protest in Burns, Oregon.
Some 300 people marched through the town to protest against the prosecution of two Harney County ranchers, Dwight Hammond Jr. and Steven Hammond, who are scheduled to report to prison on Monday.
Both ranchers were convicted on charges of setting fire to federal land. The case has attracted interest from local militia and intensified debate around the federal government's authority.
''Dwight Lincoln Hammond, Jr., 73, and his son, Steven Dwight Hammond, 46, both residents of Diamond, Oregon in Harney County, were sentenced to five years in prison by Chief US District Judge Ann Aiken for arsons they committed on federal lands,'' the US Attorney Office said.
The occupation resembles the Bundy Ranch standoff of 2014, when the Bureau of Land Management (BLM) attempted to enforce grazing laws. Bundy got the help of armed militia and triggered a standoff with federal authorities.
The family said heavily-armed federal agents had surrounded their ranch as ''trespass cattle'' were removed from the disputed land.
Since 1993, Cliven Bundy '' the ''last rancher in Clark County, Nevada'' '' has refused to pay fees to the federal government for the right to raise cattle on land that his family has ranched since the 1870s, according to the Washington Free Beacon.
The dispute began in 1998 when the BLM designated 186,909 acres of the Gold Butte area, where the ranch is located, as ''critical'' for the survival of the desert tortoise population. Bundy had lost his grazing permit in 1993, despite his family's long-time presence on the land.
According to the BLM, Bundy owes around $1 million in fees, while the family contends the sum is more like $300,000.
The Pendleton, Oregon jury found the Hammonds guilty of the arsons in June 2012. Both were charged with igniting a series of fires on lands managed by the BLM.
Hammond Ranches has about 12,000 acres in the Diamond-Frenchglen area. Their livelihood is running cattle during the winter. Two years ago, the ranch used 26,420 acres of land belonging to the BLM for summer grazing.
Supporters of the Hammonds believe they were treated unconstitutionally because the two were convicted of arson under a provision of an expansive federal law punishing terrorism. They both served their prison terms for 2001 and 2006 fires, but were then told by appellate judges they had to go back to prison to serve more.
Ranchers use fire in eastern Oregon to burn invasive species. However, it is a dangerous practice, as several wildfires in the area have gotten out of hand, scorching hundreds of thousands of acres.
The controversial case demonstrates a problem with a 1996 law, which was introduced to punish domestic terrorists, according to Barry Bushue, the longtime president of the Oregon Farm Bureau.
''I find it incredible that the government would want to try these ranchers as terrorists,'' Bushue told The Pete Santilli Show. ''Now is where the rubber meets the road. Right now is when the public should absolutely be incensed. And the public, I think, should be fearful.''
Armed Militia Protesters Occupy Oregon National Refuge Building | UPROXX
Controversial Nevada rancher Cliven Bundy took a public breather after the 2014 Bundy Ranch standoff. This protracted event started with a dispute over grazing laws and somehow turned into ranch-hosted snipers and federal officers pointing guns at each other. The incident put Bundy which on the map as a figurehead for hard-core militiamen, who see tyranny in all federal acts. Bundy was later exposed as a proud racist, and Fox News threw him under the bus, but Bundy still holds a following.
On Saturday, Bundy drama returned with militiamen taking up his cause in Oregon, where they occupied the Malheur National Wildlife Refuge headquarters. This act followed a peaceful protest over the impending 5-year imprisonments of two Harney county ranchers, Dwight Hammond Jr. and Steven Hammond. The father and son were convicted of arson under an expansive terrorism provision (after they set fires that spread to federal lands). The history of these fires (and the means by which they were prosecuted) is engrossing, and Hammond supporters take issue with how the ranchers were treated like ''terrorists.''
[104th Congress Public Law 132][From the U.S. Government Printing Office][DOCID: f:publ132.104][[Page 1213]] ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996[[Page 110 STAT. 1214]]Public Law 104-132104th Congress An Act To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism and Effective Death Penalty Act of 1996''.SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents. TITLE I--HABEAS CORPUS REFORMSec. 101. Filing deadlines.Sec. 102. Appeal.Sec. 103. Amendment of Federal Rules of Appellate Procedure.Sec. 104. Section 2254 amendments.Sec. 105. Section 2255 amendments.Sec. 106. Limits on second or successive applications.Sec. 107. Death penalty litigation procedures.Sec. 108. Technical amendment. TITLE II--JUSTICE FOR VICTIMS Subtitle A--Mandatory Victim RestitutionSec. 201. Short title.Sec. 202. Order of restitution.Sec. 203. Conditions of probation.Sec. 204. Mandatory restitution.Sec. 205. Order of restitution to victims of other crimes.Sec. 206. Procedure for issuance of restitution order.Sec. 207. Procedure for enforcement of fine or restitution order.Sec. 208. Instruction to Sentencing Commission.Sec. 209. Justice Department regulations.Sec. 210. Special assessments on convicted persons.Sec. 211. Effective date. Subtitle B--Jurisdiction for Lawsuits Against Terrorist StatesSec. 221. Jurisdiction for lawsuits against terrorist states. Subtitle C--Assistance to Victims of TerrorismSec. 231. Short title.Sec. 232. Victims of Terrorism Act.Sec. 233. Compensation of victims of terrorism.Sec. 234. Crime victims fund.Sec. 235. Closed circuit televised court proceedings for victims of crime.Sec. 236. Technical correction. TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS Subtitle A--Prohibition on International Terrorist FundraisingSec. 301. Findings and purpose.[[Page 110 STAT. 1215]]Sec. 302. Designation of foreign terrorist organizations.Sec. 303. Prohibition on terrorist fundraising. Subtitle B--Prohibition on Assistance to Terrorist StatesSec. 321. Financial transactions with terrorists.Sec. 322. Foreign air travel safety.Sec. 323. Modification of material support provision.Sec. 324. Findings.Sec. 325. Prohibition on assistance to countries that aid terrorist states.Sec. 326. Prohibition on assistance to countries that provide military equipment to terrorist states.Sec. 327. Opposition to assistance by international financial institutions to terrorist states.Sec. 328. Antiterrorism assistance.Sec. 329. Definition of assistance.Sec. 330. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts. TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION Subtitle A--Removal of Alien TerroristsSec. 401. Alien terrorist removal. Subtitle B--Exclusion of Members and Representatives of Terrorist OrganizationsSec. 411. Exclusion of alien terrorists.Sec. 412. Waiver authority concerning notice of denial of application for visas.Sec. 413. Denial of other relief for alien terrorists.Sec. 414. Exclusion of aliens who have not been inspected and admitted. Subtitle C--Modification to Asylum ProceduresSec. 421. Denial of asylum to alien terrorists.Sec. 422. Inspection and exclusion by immigration officers.Sec. 423. Judicial review. Subtitle D--Criminal Alien Procedural ImprovementsSec. 431. Access to certain confidential immigration and naturalization files through court order.Sec. 432. Criminal alien identification system.Sec. 433. Establishing certain alien smuggling-related crimes as RICO- predicate offenses.Sec. 434. Authority for alien smuggling investigations.Sec. 435. Expansion of criteria for deportation for crimes of moral turpitude.Sec. 436. Miscellaneous provisions.Sec. 437. Interior repatriation program.Sec. 438. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.Sec. 439. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens.Sec. 440. Criminal alien removal.Sec. 441. Limitation on collateral attacks on underlying deportation order.Sec. 442. Deportation procedures for certain criminal aliens who are not permanent residents.Sec. 443. Extradition of aliens. TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS Subtitle A--Nuclear MaterialsSec. 501. Findings and purpose.Sec. 502. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.Sec. 503. Report to Congress on thefts of explosive materials from armories. Subtitle B--Biological Weapons RestrictionsSec. 511. Enhanced penalties and control of biological agents. Subtitle C--Chemical Weapons RestrictionsSec. 521. Chemical weapons of mass destruction; study of facility for training and evaluation of personnel who respond to use of chemical or biological weapons in urban and suburban areas.[[Page 110 STAT. 1216]] TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTIONSec. 601. Findings and purposes.Sec. 602. Definitions.Sec. 603. Requirement of detection agents for plastic explosives.Sec. 604. Criminal sanctions.Sec. 605. Exceptions.Sec. 606. Seizure and forfeiture of plastic explosives.Sec. 607. Effective date. TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM Subtitle A--Crimes and PenaltiesSec. 701. Increased penalty for conspiracies involving explosives.Sec. 702. Acts of terrorism transcending national boundaries.Sec. 703. Expansion of provision relating to destruction or injury of property within special maritime and territorial jurisdiction.Sec. 704. Conspiracy to harm people and property overseas.Sec. 705. Increased penalties for certain terrorism crimes.Sec. 706. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.Sec. 707. Possession of stolen explosives prohibited.Sec. 708. Enhanced penalties for use of explosives or arson crimes.Sec. 709. Determination of constitutionality of restricting the dissemination of bomb-making instructional materials. Subtitle B--Criminal ProceduresSec. 721. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.Sec. 722. Clarification of maritime violence jurisdiction.Sec. 723. Increased and alternate conspiracy penalties for terrorism offenses.Sec. 724. Clarification of Federal jurisdiction over bomb threats.Sec. 725. Expansion and modification of weapons of mass destruction statute.Sec. 726. Addition of terrorism offenses to the money laundering statute.Sec. 727. Protection of Federal employees; protection of current or former officials, officers, or employees of the United States.Sec. 728. Death penalty aggravating factor.Sec. 729. Detention hearing.Sec. 730. Directions to Sentencing Commission.Sec. 731. Exclusion of certain types of information from definitions.Sec. 732. Marking, rendering inert, and licensing of explosive materials. TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT Subtitle A--Resources and SecuritySec. 801. Overseas law enforcement training activities.Sec. 802. Sense of Congress.Sec. 803. Protection of Federal Government buildings in the District of Columbia.Sec. 804. Requirement to preserve record evidence.Sec. 805. Deterrent against terrorist activity damaging a Federal interest computer.Sec. 806. Commission on the Advancement of Federal Law Enforcement.Sec. 807. Combatting international counterfeiting of United States currency.Sec. 808. Compilation of statistics relating to intimidation of Government employees.Sec. 809. Assessing and reducing the threat to law enforcement officers from the criminal use of firearms and ammunition.Sec. 810. Study and report on electronic surveillance. Subtitle B--Funding Authorizations for Law EnforcementSec. 811. Federal Bureau of Investigation.Sec. 812. United States Customs Service.Sec. 813. Immigration and Naturalization Service.Sec. 814. Drug Enforcement Administration.Sec. 815. Department of Justice.Sec. 816. Department of the Treasury.Sec. 817. United States Park Police.Sec. 818. The Judiciary.Sec. 819. Local firefighter and emergency services training.Sec. 820. Assistance to foreign countries to procure explosive detection devices and other counterterrorism technology.Sec. 821. Research and development to support counterterrorism technologies.[[Page 110 STAT. 1217]]Sec. 822. Grants to State and local law enforcement for training and equipment.Sec. 823. Funding source. TITLE IX--MISCELLANEOUSSec. 901. Expansion of territorial sea.Sec. 902. Proof of citizenship.Sec. 903. Representation fees in criminal cases.Sec. 904. Severability.TITLE I--HABEAS CORPUS REFORM SEC. 101. FILING DEADLINES. Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of-- ``(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; ``(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; ``(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or ``(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. ``(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.''.SEC. 102. APPEAL. Section 2253 of title 28, United States Code, is amended to read as follows:``Sec. 2253. Appeal ``(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held. ``(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings. ``(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from-- ``(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or ``(B) the final order in a proceeding under section 2255.[[Page 110 STAT. 1218]] ``(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right. ``(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).''.SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE. Rule 22 of the Federal Rules of Appellate Procedure is amended to read as follows:``Rule 22. Habeas corpus and section 2255 proceedings ``(a) Application for the Original Writ.--An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28, United States Code, appeal to the appropriate court of appeals from the order of the district court denying the writ. ``(b) Certificate of Appealability.--In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, an appeal by the applicant for the writ may not proceed unless a district or a circuit judge issues a certificate of appealability pursuant to section 2253(c) of title 28, United States Code. If an appeal is taken by the applicant, the district judge who rendered the judgment shall either issue a certificate of appealability or state the reasons why such a certificate should not issue. The certificate or the statement shall be forwarded to the court of appeals with the notice of appeal and the file of the proceedings in the district court. If the district judge has denied the certificate, the applicant for the writ may then request issuance of the certificate by a circuit judge. If such a request is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or its representative, a certificate of appealability is not required.''.SEC. 104. SECTION 2254 AMENDMENTS. Section 2254 of title 28, United States Code, is amended-- (1) by amending subsection (b) to read as follows: ``(b)(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that-- ``(A) the applicant has exhausted the remedies available in the courts of the State; or ``(B)(i) there is an absence of available State corrective process; or ``(ii) circumstances exist that render such process ineffective to protect the rights of the applicant. ``(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.[[Page 110 STAT. 1219]] ``(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.''.[[Page 110 STAT. 1220]]SEC. 105. SECTION 2255 AMENDMENTS. Section 2255 of title 28, United States Code, is amended-- (1) by striking the second and fifth undesignated paragraphs; and (2) by adding at the end the following new undesignated paragraphs: ``A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of-- ``(1) the date on which the judgment of conviction becomes final; ``(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; ``(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or ``(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. ``Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18. ``A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain-- ``(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or ``(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.''.SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of title 28, United States Code, is amended by striking ``and the petition'' and all that follows through ``by such inquiry.'' and inserting ``, except as provided in section 2255.''. (b) Limits on Second or Successive Applications.--Section 2244(b) of title 28, United States Code, is amended to read as follows: ``(b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ``(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless-- ``(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or[[Page 110 STAT. 1221]] ``(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and ``(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. ``(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application. ``(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals. ``(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection. ``(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion. ``(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari. ``(4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.''.SEC. 107. DEATH PENALTY LITIGATION PROCEDURES. (a) Addition of Chapter to Title 28, United States Code.--Title 28, United States Code, is amended by inserting after chapter 153 the following new chapter: ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES``Sec.``2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.``2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.``2263. Filing of habeas corpus application; time requirements; tolling rules.``2264. Scope of Federal review; district court adjudications.``2265. Application to State unitary review procedure.``2266. Limitation periods for determining applications and motions.``Sec. 2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment ``(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied. ``(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized[[Page 110 STAT. 1222]]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[[Page 110 STAT. 1223]] right or is denied relief in the district court or at any subsequent stage of review. ``(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).``Sec. 2263. Filing of habeas corpus application; time requirements; tolling rules ``(a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. ``(b) The time requirements established by subsection (a) shall be tolled-- ``(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; ``(2) from the date on which the first petition for post- conviction review or other collateral relief is filed until the final State court disposition of such petition; and ``(3) during an additional period not to exceed 30 days, if-- ``(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and ``(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.``Sec. 2264. Scope of Federal review; district court adjudications ``(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is-- ``(1) the result of State action in violation of the Constitution or laws of the United States; ``(2) the result of the Supreme Court's recognition of a new Federal right that is made retroactively applicable; or ``(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review. ``(b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.``Sec. 2265. Application to State unitary review procedure ``(a) For purposes of this section, a `unitary review' procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. This chapter[[Page 110 STAT. 1224]]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:[[Page 110 STAT. 1225]] ``(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice. ``(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate briefing within the time limitations established by subparagraph (A). ``(III) Whether the failure to allow a delay in a case that, taken as a whole, is not so unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would unreasonably deny the applicant or the government continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. ``(iii) No delay in disposition shall be permissible because of general congestion of the court's calendar. ``(iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under paragraph (5). ``(2) The time limitations under paragraph (1) shall apply to-- ``(A) an initial application for a writ of habeas corpus; ``(B) any second or successive application for a writ of habeas corpus; and ``(C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. ``(3)(A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. ``(B) No amendment to an application for a writ of habeas corpus under this chapter shall be permitted after the filing of the answer to the application, except on the grounds specified in section 2244(b). ``(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. ``(B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ of mandamus not later than 30 days after the filing of the petition. ``(5)(A) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the district courts with the time limitations under this section. ``(B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv). ``(c)(1)(A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed.[[Page 110 STAT. 1226]] ``(B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed. ``(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered. ``(2) The time limitations under paragraph (1) shall apply to-- ``(A) an initial application for a writ of habeas corpus; ``(B) any second or successive application for a writ of habeas corpus; and ``(C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. ``(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. ``(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. ``(B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court. ``(5) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.''. (b) Technical Amendment.--The part analysis for part IV of title 28, United States Code, is amended by adding after the item relating to chapter 153 the following new item:``154. Special habeas corpus procedures in capital cases........2261.''. (c) Effective Date.--Chapter 154 of title 28, United States Code (as added by subsection (a)) shall apply to cases pending on or after the date of enactment of this Act.SEC. 108. TECHNICAL AMENDMENT. Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) is amended by amending paragraph (9) to read as follows: ``(9) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant's attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under paragraph (10). No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.''.[[Page 110 STAT. 1227]] TITLE II--JUSTICE FOR VICTIMS Subtitle A --Mandatory Victim RestitutionSEC. 201. SHORT TITLE. This subtitle may be cited as the ``Mandatory Victims Restitution Act of 1996''.SEC. 202. ORDER OF RESTITUTION. Section 3556 of title 18, United States Code, is amended-- (1) by striking ``may'' and inserting ``shall''; and (2) by striking ``sections 3663 and 3664.'' and inserting ``section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.''.SEC. 203. CONDITIONS OF PROBATION. Section 3563 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in the first paragraph (4) (relating to conditions of probation for a domestic crime of violence), by striking the period and inserting a semicolon; (C) by redesignating the second paragraph (4) (relating to conditions of probation concerning drug use and testing) as paragraph (5); (D) in paragraph (5), as redesignated, by striking the period at the end and inserting a semicolon; and (E) by inserting after paragraph (5), as redesignated, the following new paragraphs: ``(6) that the defendant-- ``(A) make restitution in accordance with sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and ``(B) pay the assessment imposed in accordance with section 3013; and ``(7) that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines, or special assessments.''; and (2) in subsection (b)-- (A) by striking paragraph (2); (B) by redesignating paragraphs (3) through (22) as paragraphs (2) through (21), respectively; and (C) by amending paragraph (2), as redesignated, to read as follows: ``(2) make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));''.SEC. 204. MANDATORY RESTITUTION. (a) In General.--Chapter 232 of title 18, United States Code, is amended by inserting immediately after section 3663 the following new section:``Sec. 3663A. Mandatory restitution to victims of certain crimes ``(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in sub[[Page 110 STAT. 1228]]section (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate. ``(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense. ``(b) The order of restitution shall require that such defendant-- ``(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense-- ``(A) return the property to the owner of the property or someone designated by the owner; or ``(B) if return of the property under subparagraph (A) is impossible, impracticable, or inadequate, pay an amount equal to-- ``(i) the greater of-- ``(I) the value of the property on the date of the damage, loss, or destruction; or ``(II) the value of the property on the date of sentencing, less ``(ii) the value (as of the date the property is returned) of any part of the property that is returned; ``(2) in the case of an offense resulting in bodily injury to a victim-- ``(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment; ``(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and ``(C) reimburse the victim for income lost by such victim as a result of such offense; ``(3) in the case of an offense resulting in bodily injury that results in the death of the victim, pay an amount equal to the cost of necessary funeral and related services; and ``(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.[[Page 110 STAT. 1229]] ``(c)(1) This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense-- ``(A) that is-- ``(i) a crime of violence, as defined in section 16; ``(ii) an offense against property under this title, including any offense committed by fraud or deceit; or ``(iii) an offense described in section 1365 (relating to tampering with consumer products); and ``(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss. ``(2) In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement. ``(3) This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that-- ``(A) the number of identifiable victims is so large as to make restitution impracticable; or ``(B) determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. ``(d) An order of restitution under this section shall be issued and enforced in accordance with section 3664.''. (b) Clerical Amendment.--The analysis for chapter 232 of title 18, United States Code, is amended by inserting immediately after the matter relating to section 3663 the following:``3663A. Mandatory restitution to victims of certain crimes.''.SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES. (a) In General.--Section 3663 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``(a)(1) The court'' and inserting ``(a)(1)(A) The court''; (B) by inserting ``, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),'' before ``or section 46312,''; (C) by inserting ``other than an offense described in section 3663A(c),'' after ``title 49,''; (D) by inserting before the period at the end the following: ``, or if the victim is deceased, to the victim's estate''; (E) by adding at the end the following new subparagraph: ``(B)(i) The court, in determining whether to order restitution under this section, shall consider-- ``(I) the amount of the loss sustained by each victim as a result of the offense; and ``(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's[[Page 110 STAT. 1230]] dependents, and such other factors as the court deems appropriate. ``(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.''; and (F) by amending paragraph (2) to read as follows: ``(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.''; (2) by striking subsections (c) through (i); and (3) by adding at the end the following new subsections: ``(c)(1) Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when sentencing a defendant convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no identifiable victim, the court may order that the defendant make restitution in accordance with this subsection. ``(2)(A) An order of restitution under this subsection shall be based on the amount of public harm caused by the offense, as determined by the court in accordance with guidelines promulgated by the United States Sentencing Commission. ``(B) In no case shall the amount of restitution ordered under this subsection exceed the amount of the fine ordered for the offense charged in the case. ``(3) Restitution under this subsection shall be distributed as follows: ``(A) 65 percent of the total amount of restitution shall be paid to the State entity designated to administer crime victim assistance in the State in which the crime occurred. ``(B) 35 percent of the total amount of restitution shall be paid to the State entity designated to receive Federal substance abuse block grant funds. ``(4) The court shall not make an award under this subsection if it appears likely that such award would interfere with a forfeiture under chapter 46 of this title or under the Controlled Substances Act (21 U.S.C. 801 et seq.). ``(5) Notwithstanding section 3612(c) or any other provision of law, a penalty assessment under section 3013 or a fine under subchapter C of chapter 227 shall take precedence over an order of restitution under this subsection. ``(6) Requests for community restitution under this subsection may be considered in all plea agreements negotiated by the United States.[[Page 110 STAT. 1231]] ``(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection. ``(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph. ``(d) An order of restitution made pursuant to this section shall be issued and enforced in accordance with section 3664.''. (b) Sexual Abuse.--Section 2248 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c). (c) Sexual Exploitation and Other Abuse of Children.--Section 2259 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c). (d) Domestic Violence.--Section 2264 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows:[[Page 110 STAT. 1232]] ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (g); and (4) by adding at the end the following new subsection (c): ``(c) Victim Defined.--For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.''. (e) Telemarketing Fraud.--Section 2327 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c).SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER. (a) In General.--Section 3664 of title 18, United States Code, is amended to read as follows:``Sec. 3664. Procedure for issuance and enforcement of order of restitution ``(a) For orders of restitution under this title, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court. ``(b) The court shall disclose to both the defendant and the attorney for the Government all portions of the presentence or[[Page 110 STAT. 1233]]other report pertaining to the matters described in subsection (a) of this section. ``(c) The provisions of this chapter, chapter 227, and Rule 32(c) of the Federal Rules of Criminal Procedure shall be the only rules applicable to proceedings under this section. ``(d)(1) Upon the request of the probation officer, but not later than 60 days prior to the date initially set for sentencing, the attorney for the Government, after consulting, to the extent practicable, with all identified victims, shall promptly provide the probation officer with a listing of the amounts subject to restitution. ``(2) The probation officer shall, prior to submitting the presentence report under subsection (a), to the extent practicable-- ``(A) provide notice to all identified victims of-- ``(i) the offense or offenses of which the defendant was convicted; ``(ii) the amounts subject to restitution submitted to the probation officer; ``(iii) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses; ``(iv) the scheduled date, time, and place of the sentencing hearing; ``(v) the availability of a lien in favor of the victim pursuant to subsection (m)(1)(B); and ``(vi) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution; and ``(B) provide the victim with an affidavit form to submit pursuant to subparagraph (A)(vi). ``(3) Each defendant shall prepare and file with the probation officer an affidavit fully describing the financial resources of the defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant was arrested, the financial needs and earning ability of the defendant and the defendant's dependents, and such other information that the court requires relating to such other factors as the court deems appropriate. ``(4) After reviewing the report of the probation officer, the court may require additional documentation or hear testimony. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. ``(5) If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing, the attorney for the Government or the probation officer shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. ``(6) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate judge or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.[[Page 110 STAT. 1234]] ``(e) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the attorney for the Government. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant's dependents, shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires. ``(f)(1)(A) In each order of restitution, the court shall order restitution to each victim in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant. ``(B) In no case shall the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution. ``(2) Upon determination of the amount of restitution owed to each victim, the court shall, pursuant to section 3572, specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid, in consideration of-- ``(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled; ``(B) projected earnings and other income of the defendant; and ``(C) any financial obligations of the defendant; including obligations to dependents. ``(3)(A) A restitution order may direct the defendant to make a single, lump-sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments. ``(B) A restitution order may direct the defendant to make nominal periodic payments if the court finds from facts on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order, and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments. ``(4) An in-kind payment described in paragraph (3) may be in the form of-- ``(A) return of property; ``(B) replacement of property; or ``(C) if the victim agrees, services rendered to the victim or a person or organization other than the victim. ``(g)(1) No victim shall be required to participate in any phase of a restitution order. ``(2) A victim may at any time assign the victim's interest in restitution payments to the Crime Victims Fund in the Treasury without in any way impairing the obligation of the defendant to make such payments. ``(h) If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.[[Page 110 STAT. 1235]] ``(i) If the court finds that more than 1 victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the United States is a victim, the court shall ensure that all other victims receive full restitution before the United States receives any restitution. ``(j)(1) If a victim has received compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation. ``(2) Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in-- ``(A) any Federal civil proceeding; and ``(B) any State civil proceeding, to the extent provided by the law of the State. ``(k) A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed restitution by the defendant have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require. ``(l) A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim. ``(m)(1)(A)(i) An order of restitution may be enforced by the United States in the manner provided for in subchapter C of chapter 227 and subchapter B of chapter 229 of this title; or ``(ii) by all other available and reasonable means. ``(B) At the request of a victim named in a restitution order, the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the State where the district court is located, the abstract of judgment shall be a lien on the property of the defendant located in such State in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that State. ``(2) An order of in-kind restitution in the form of services shall be enforced by the probation officer. ``(n) If a person obligated to provide restitution, or pay a fine, receives substantial resources from any source, including inherit[[Page 110 STAT. 1236]]ance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed. ``(o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that-- ``(1) such a sentence can subsequently be-- ``(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title; ``(B) appealed and modified under section 3742; ``(C) amended under section 3664(d)(3); or ``(D) adjusted under section 3664(k), 3572, or 3613A; or ``(2) the defendant may be resentenced under section 3565 or 3614. ``(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 3663, and 3663A and arising out of the application of such sections, shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.''. (b) Technical Amendment.--The item relating to section 3664 in the analysis for chapter 232 of title 18, United States Code, is amended to read as follows:``3664. Procedure for issuance and enforcement of order of restitution.''.SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER. (a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b) of the Federal Rules of Criminal Procedure is amended-- (1) in paragraph (1), by adding at the end the following: ``Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the court may direct, shall be required in any case in which restitution is required to be ordered.''; and (2) in paragraph (4)-- (A) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (B) by inserting after subparagraph (E), the following new subparagraph: ``(F) in appropriate cases, information sufficient for the court to enter an order of restitution;''. (b) Fines.--Section 3572 of title 18, United States Code, is amended-- (1) in subsection (b) by inserting ``other than the United States,'' after ``offense,''; (2) in subsection (d)-- (A) in the first sentence, by striking ``A person sentenced to pay a fine or other monetary penalty'' and inserting ``(1) A person sentenced to pay a fine or other monetary penalty, including restitution,''; (B) by striking the third sentence; and (C) by adding at the end the following: ``(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set[[Page 110 STAT. 1237]]by the court, but shall be the shortest time in which full payment can reasonably be made. ``(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.''; (3) in subsection (f), by inserting ``restitution'' after ``special assessment,''; (4) in subsection (h), by inserting ``or payment of restitution'' after ``A fine''; and (5) in subsection (i)-- (A) in the first sentence, by inserting ``or payment of restitution'' after ``A fine''; and (B) by amending the second sentence to read as follows: ``Notwithstanding any installment schedule, when a fine or payment of restitution is in default, the entire amount of the fine or restitution is due within 30 days after notification of the default, subject to the provisions of section 3613A.''. (c) Postsentence Administration.-- (1) Payment of a fine or restitution.--Section 3611 of title 18, United States Code, is amended-- (A) by amending the heading to read as follows:``Sec. 3611. Payment of a fine or restitution''; and (B) by striking ``or assessment shall pay the fine or assessment'' and inserting ``, assessment, or restitution, shall pay the fine, assessment, or restitution''. (2) Collection.--Section 3612 of title 18, United States Code, is amended-- (A) by amending the heading to read as follows:``Sec. 3612. Collection of unpaid fine or restitution''; (B) in subsection (b)(1)-- (i) in the matter preceding subparagraph (A), by inserting ``or restitution order'' after ``fine''; (ii) in subparagraph (C), by inserting ``or restitution order'' after ``fine''; (iii) in subparagraph (E), by striking ``and''; (iv) in subparagraph (F)-- (I) by inserting ``or restitution order'' after ``fine''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following new subparagraph: ``(G) in the case of a restitution order, information sufficient to identify each victim to whom restitution is owed. It shall be the responsibility of each victim to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim's mailing address while restitution is still owed the victim. The confidentiality[[Page 110 STAT. 1238]] of any information relating to a victim shall be maintained.''; (C) in subsection (c)-- (i) in the first sentence, by inserting ``or restitution'' after ``fine''; and (ii) by adding at the end the following: ``Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(1) A penalty assessment under section 3013 of title 18, United States Code. ``(2) Restitution of all victims. ``(3) All other fines, penalties, costs, and other payments required under the sentence.''; (D) in subsection (d)-- (i) by inserting ``or restitution'' after ``fine''; and (ii) by striking ``is delinquent, to inform him that the fine is delinquent'' and inserting ``or restitution is delinquent, to inform the person of the delinquency''; (E) in subsection (e)-- (i) by inserting ``or restitution'' after ``fine''; and (ii) by striking ``him that the fine is in default'' and inserting ``the person that the fine or restitution is in default''; (F) in subsection (f)-- (i) in the heading, by inserting ``and restitution'' after ``on fines''; and (ii) in paragraph (1), by inserting ``or restitution'' after ``any fine''; (G) in subsection (g), by inserting ``or restitution'' after ``fine'' each place it appears; and (H) in subsection (i), by inserting ``and restitution'' after ``fines''. (3) Civil remedies.--Section 3613 of title 18, United States Code, is amended to read as follows:``Sec. 3613. Civil remedies for satisfaction of an unpaid fine ``(a) Enforcement.--The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that-- ``(1) property exempt from levy for taxes pursuant to section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law; ``(2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and ``(3) the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law. ``(b) Termination of Liability.--The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined.[[Page 110 STAT. 1239]] ``(c) Lien.--A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, or an order of restitution made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b). ``(d) Effect of Filing Notice of Lien.--Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lienor or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section. ``(e) Discharge of Debt Inapplicable.--No discharge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall discharge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy proceeding. ``(f) Applicability to Order of Restitution.--In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution.''. (4) Default.--Chapter 229 of title 18, United States Code, is amended by inserting after section 3613 the following new section:``Sec. 3613A. Effect of default ``(a)(1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution. ``(2) In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the fine or restitution order, and any other circumstances that may have a[[Page 110 STAT. 1240]]bearing on the defendant's ability or failure to comply with the order of a fine or restitution. ``(b)(1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the court. ``(2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other correctional facility, proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined.''. (5) Resentencing.--Section 3614 of title 18, United States Code, is amended-- (A) in the heading, by inserting ``or restitution'' after ``fine''; (B) in subsection (a), by inserting ``or restitution'' after ``fine''; and (C) by adding at the end the following new subsection: ``(c) Effect of Indigency.--In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.''. (d) Clerical Amendment.--The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States Code, is amended to read as follows:``Sec.``3611. Payment of a fine or restitution.``3612. Collection of an unpaid fine or restitution.``3613. Civil remedies for satisfaction of an unpaid fine.``3613A. Effect of default.``3614. Resentencing upon failure to pay a fine or restitution.``3615. Criminal default.''.SEC. 208. INSTRUCTION TO SENTENCING COMMISSION. Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to reflect this subtitle and the amendments made by this subtitle.SEC. 209. JUSTICE DEPARTMENT REGULATIONS. Not later than 90 days after the date of enactment of this subtitle, the Attorney General shall promulgate guidelines, or amend existing guidelines, to carry out this subtitle and the amendments made by this subtitle and to ensure that-- (1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all victims of all charges contained in the indictment or information, without regard to the counts to which the defendant actually pleaded; and (2) orders of restitution made pursuant to the amendments made by this subtitle are enforced to the fullest extent of the law.SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS. Section 3013(a)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``$50'' and inserting ``not less than $100''; and (2) in subparagraph (B), by striking ``$200'' and inserting ``not less than $400''.[[Page 110 STAT. 1241]]SEC. 211. EFFECTIVE DATE. The amendments made by this subtitle shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment of this Act. Subtitle B--Jurisdiction for Lawsuits Against Terrorist StatesSEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. (a) Exception to Foreign Sovereign Immunity for Certain Cases.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(7) not otherwise covered by paragraph (2), in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that the court shall decline to hear a claim under this paragraph-- ``(A) if the foreign state was not designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later so designated as a result of such act; and ``(B) even if the foreign state is or was so designated, if-- ``(i) the act occurred in the foreign state against which the claim has been brought and the claimant has not afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; or ``(ii) the claimant or victim was not a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when the act upon which the claim is based occurred.''; and (2) by adding at the end the following: ``(e) For purposes of paragraph (7) of subsection (a)-- ``(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991; ``(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and[[Page 110 STAT. 1242]] ``(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. ``(f) No action shall be maintained under subsection (a)(7) unless the action is commenced not later than 10 years after the date on which the cause of action arose. All principles of equitable tolling, including the period during which the foreign state was immune from suit, shall apply in calculating this limitation period. ``(g) Limitation on Discovery.-- ``(1) In general.--(A) Subject to paragraph (2), if an action is filed that would otherwise be barred by section 1604, but for subsection (a)(7), the court, upon request of the Attorney General, shall stay any request, demand, or order for discovery on the United States that the Attorney General certifies would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, until such time as the Attorney General advises the court that such request, demand, or order will no longer so interfere. ``(B) A stay under this paragraph shall be in effect during the 12-month period beginning on the date on which the court issues the order to stay discovery. The court shall renew the order to stay discovery for additional 12-month periods upon motion by the United States if the Attorney General certifies that discovery would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action. ``(2) Sunset.--(A) Subject to subparagraph (B), no stay shall be granted or continued in effect under paragraph (1) after the date that is 10 years after the date on which the incident that gave rise to the cause of action occurred. ``(B) After the period referred to in subparagraph (A), the court, upon request of the Attorney General, may stay any request, demand, or order for discovery on the United States that the court finds a substantial likelihood would-- ``(i) create a serious threat of death or serious bodily injury to any person; ``(ii) adversely affect the ability of the United States to work in cooperation with foreign and international law enforcement agencies in investigating violations of United States law; or ``(iii) obstruct the criminal case related to the incident that gave rise to the cause of action or undermine the potential for a conviction in such case. ``(3) Evaluation of evidence.--The court's evaluation of any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera. ``(4) Bar on motions to dismiss.--A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. ``(5) Construction.--Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States.''. (b) Exception to Immunity From Attachment.-- (1) Foreign state.--Section 1610(a) of title 28, United States Code, is amended--[[Page 110 STAT. 1243]] (A) by striking the period at the end of paragraph (6) and inserting ``, or''; and (B) by adding at the end the following new paragraph: ``(7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based.''. (2) Agency or instrumentality.--Section 1610(b)(2) of title 28, United States Code, is amended-- (A) by striking ``or (5)'' and inserting ``(5), or (7)''; and (B) by striking ``used for the activity'' and inserting ``involved in the act''. (c) Applicability.--The amendments made by this subtitle shall apply to any cause of action arising before, on, or after the date of the enactment of this Act. Subtitle C --Assistance to Victims of TerrorismSEC. 231. SHORT TITLE. This subtitle may be cited as the ``Justice for Victims of Terrorism Act of 1996''.SEC. 232. VICTIMS OF TERRORISM ACT. (a) Authority To Provide Assistance and Compensation to Victims of Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404A the following new section:``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS VIOLENCE. ``(a) Victims of Acts of Terrorism Outside the United States.--The Director may make supplemental grants as provided in section 1404(a) to States to provide compensation and assistance to the residents of such States who, while outside of the territorial boundaries of the United States, are victims of a terrorist act or mass violence and are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. ``(b) Victims of Terrorism Within the United States.--The Director may make supplemental grants as provided in section 1404(d)(4)(B) to States for eligible crime victim compensation and assistance programs to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, for the benefit of victims of terrorist acts or mass violence occurring within the United States and may provide funding to United States Attorney's Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief.''. (b) Funding of Compensation and Assistance to Victims of Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows: ``(4)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to section 1403(a)(1), the Director may retain any portion of the Fund that was deposited during a fiscal year that was in excess[[Page 110 STAT. 1244]] of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as an emergency reserve. Such reserve shall not exceed $50,000,000. ``(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 1404B and to supplement the funds available to provide grants to States for compensation and assistance in accordance with sections 1403 and 1404 in years in which supplemental grants are needed.''. (c) Crime Victims Fund Amendments.-- (1) Unobligated funds.--Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is amended-- (A) in subsection (c), by striking ``subsection'' and inserting ``chapter''; and (B) by amending subsection (e) to read as follows: ``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a grant under this chapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 2 succeeding fiscal years, at the end of which period, any remaining unobligated sums in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000 shall be returned to the Fund.''. (2) Base amount.--Section 1404(a)(5) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as follows: ``(5) As used in this subsection, the term `base amount' means-- ``(A) except as provided in subparagraph (B), $500,000; and ``(B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau's share governed by the Compact of Free Association between the United States and the Republic of Palau.''.SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM. (a) Requiring Compensation for Terrorist Crimes.--Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended-- (1) by inserting ``crimes involving terrorism,'' before ``driving while intoxicated''; and (2) by inserting a comma after ``driving while intoxicated''. (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting ``are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18, United States Code), or'' before ``are States not having''. (c) Designation of Cartney McRaven Child Development Center.-- (1) Designation.-- (A) In general.--The Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, South Dakota, shall be known as the ``Cartney McRaven Child Development Center''. (B) Replacement building.--If, after the date of enactment of this Act, a new Federal building is built[[Page 110 STAT. 1245]] at the location described in subparagraph (A) to replace the building described in the paragraph, the new Federal building shall be known as the ``Cartney McRaven Child Development Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to a Federal building referred to in paragraph (1) shall be deemed to be a reference to the ``Cartney McRaven Child Development Center''. (d) Effective Date.--This section and the amendments made by this section shall take effect 1 year after the date of enactment of this Act.SEC. 234. CRIME VICTIMS FUND. (a) Prohibition of Payments to Delinquent Criminal Debtors by State Crime Victim Compensation Programs.-- (1) In general.--Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following new paragraph: ``(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense; and''. (2) Application of amendment.--Section 1403(b)(8) of the Victims of Crime Act of 1984, as added by paragraph (1) of this section, shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer Federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law. (b) Exclusion From Income for Purposes of Means Tests.--Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by inserting after subsection (b) the following new subsection: ``(c) Exclusion From Income for Purposes of Means Tests.--Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant[[Page 110 STAT. 1246]]receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.''.SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF CRIME. (a) In General.--Notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crime to watch criminal trial proceedings in cases where the venue of the trial is changed-- (1) out of the State in which the case was initially brought; and (2) more than 350 miles from the location in which those proceedings originally would have taken place;the trial court shall order closed circuit televising of the proceedings to that location, for viewing by such persons the court determines have a compelling interest in doing so and are otherwise unable to do so by reason of the inconvenience and expense caused by the change of venue. (b) Limited Access.-- (1) Generally.--No other person, other than official court and security personnel, or other persons specifically designated by the court, shall be permitted to view the closed circuit televising of the proceedings. (2) Exception.--The court shall not designate a person under paragraph (1) if the presiding judge at the trial determines that testimony by that person would be materially affected if that person heard other testimony at the trial. (c) Restrictions.-- (1) The signal transmitted pursuant to subsection (a) shall be under the control of the court at all times and shall only be transmitted subject to the terms and conditions imposed by the court. (2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to subsection (a). In the event any tapes are produced in carrying out subsection (a), such tapes shall be the property of the court and kept under seal. (3) Any violations of this subsection, or any rule or order made pursuant to this section, shall be punishable as contempt of court as described in section 402 of title 18, United States Code. (d) Donations.--The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a). (e) Construction.-- (1) Nothing in this section shall be construed-- (i) to create in favor of any person a cause of action against the United States or any officer or employees thereof, or (ii) to provide any person with a defense in any action in which application of this section is made. (f) Definition.--As used in this section, the term ``State'' means any State, the District of Columbia, or any possession or territory of the United States. (g) Rules.--The Judicial Conference of the United States, pursuant to its rule making authority under section 331 of title 28, United States Code, may promulgate and issue rules, or amend[[Page 110 STAT. 1247]]existing rules, to effectuate the policy addressed by this section. Upon the implementation of such rules, this section shall cease to be effective. (h) Effective Date.--This section shall only apply to cases filed after January 1, 1995.SEC. 236. TECHNICAL CORRECTION. Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A'' and inserting ``1404(a)''. TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS Subtitle A--Prohibition on International Terrorist FundraisingSEC. 301. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States; (2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity; (3) the power of the United States over immigration and naturalization permits the exclusion from the United States of persons belonging to international terrorist organizations; (4) international terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States; (5) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage; (6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and (7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (b) Purpose.--The purpose of this subtitle is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States, or subject to the jurisdiction of the United States, from providing material support or resources to foreign organizations that engage in terrorist activities.[[Page 110 STAT. 1248]]SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. (a) In General.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. ``(a) Designation.-- ``(1) In general.--The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that-- ``(A) the organization is a foreign organization; ``(B) the organization engages in terrorist activity (as defined in section 212(a)(3)(B)); and ``(C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States. ``(2) Procedure.-- ``(A) Notice.--Seven days before making a designation under this subsection, the Secretary shall, by classified communication-- ``(i) notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor; and ``(ii) seven days after such notification, publish the designation in the Federal Register. ``(B) Effect of designation.-- ``(i) For purposes of section 2339B of title 18, United States Code, a designation under this subsection shall take effect upon publication under subparagraph (A). ``(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation. ``(C) Freezing of assets.--Upon notification under paragraph (2), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court. ``(3) Record.-- ``(A) In general.--In making a designation under this subsection, the Secretary shall create an administrative record. ``(B) Classified information.--The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(4) Period of designation.--[[Page 110 STAT. 1249]] ``(A) In general.-- Subject to paragraphs (5) and (6), a designation under this subsection shall be effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B). ``(B) Redesignation.--The Secretary may redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph. ``(5) Revocation by act of congress.--The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Secretary may revoke a designation made under paragraph (1) if the Secretary finds that-- ``(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation of the designation; or ``(ii) the national security of the United States warrants a revocation of the designation. ``(B) Procedure.--The procedural requirements of paragraphs (2) through (4) shall apply to a revocation under this paragraph. ``(7) Effect of revocation.--The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. ``(8) Use of designation in trial or hearing.--If a designation under this subsection has become effective under paragraph (1)(B), a defendant in a criminal action shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. ``(b) Judicial Review of Designation.-- ``(1) In general.--Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit. ``(2) Basis of review.--Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation. ``(3) Scope of review.--The Court shall hold unlawful and set aside a designation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; or ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right.[[Page 110 STAT. 1250]] ``(4) Judicial review invoked.--The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation. ``(c) Definitions.--As used in this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `national security' means the national defense, foreign relations, or economic interests of the United States; ``(3) the term `relevant committees' means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and ``(4) the term `Secretary' means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act, relating to terrorism, is amended by inserting after the item relating to section 218 the following new item:``Sec. 219. Designation of foreign terrorist organizations.''.SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING. (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following new section:``Sec. 2339B. Providing material support or resources to designated foreign terrorist organizations ``(a) Prohibited Activities.-- ``(1) Unlawful conduct.--Whoever, within the United States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 10 years, or both. ``(2) Financial institutions.--Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall-- ``(A) retain possession of, or maintain control over, such funds; and ``(B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary. ``(b) Civil Penalty.--Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of-- ``(A) $50,000 per violation; or ``(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control. ``(c) Injunction.--Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.[[Page 110 STAT. 1251]] ``(d) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section. ``(e) Investigations.-- ``(1) In general.--The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section. ``(2) Coordination with the department of the treasury.--The Attorney General shall work in coordination with the Secretary in investigations relating to-- ``(A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and ``(B) civil penalty proceedings authorized under subsection (b). ``(3) Referral.--Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action. ``(f) Classified Information in Civil Proceedings Brought by the United States.-- ``(1) Discovery of classified information by defendants.-- ``(A) Request by united states.--In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to-- ``(i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure; ``(ii) substitute a summary of the information for such classified documents; or ``(iii) substitute a statement admitting relevant facts that the classified information would tend to prove. ``(B) Order granting request.-- If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. ``(C) Denial of request.--If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court. ``(2) Introduction of classified information; precautions by court.-- ``(A) Exhibits.--To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding[[Page 110 STAT. 1252]] brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following: ``(i) Copies of items from which classified information has been redacted. ``(ii) Stipulations admitting relevant facts that specific classified information would tend to prove. ``(iii) A declassified summary of the specific classified information. ``(B) Determination by court.--The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense. ``(3) Taking of trial testimony.-- ``(A) Objection.--During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. ``(B) Action by court.--In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including-- ``(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and ``(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit. ``(C) Obligation of defendant.--In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced. ``(4) Appeal.--If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5). ``(5) Interlocutory appeal.-- ``(A) Subject of appeal.--An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court-- ``(i) authorizing the disclosure of classified information; ``(ii) imposing sanctions for nondisclosure of classified information; or ``(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information. ``(B) Expedited consideration.-- ``(i) In general.--An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals. ``(ii) Appeals prior to trial.--If an appeal is of an order made prior to trial, an appeal shall be taken not later than 10 days after the decision or order[[Page 110 STAT. 1253]] appealed from, and the trial shall not commence until the appeal is resolved. ``(iii) Appeals during trial.--If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals-- ``(I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial; ``(II) may dispense with written briefs other than the supporting materials previously submitted to the trial court; ``(III) shall render its decision not later than 4 days after argument on appeal; and ``(IV) may dispense with the issuance of a written opinion in rendering its decision. ``(C) Effect of ruling.--An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. ``(6) Construction.--Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege. ``(g) Definitions.--As used in this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `financial institution' has the same meaning as in section 5312(a)(2) of title 31, United States Code; ``(3) the term `funds' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing; ``(4) the term `material support or resources' has the same meaning as in section 2339A; ``(5) the term `Secretary' means the Secretary of the Treasury; and ``(6) the term `terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.''. (b) Clerical Amendment to Table of Sections.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:``2339B. Providing material support or resources to designated foreign terrorist organizations.''. (c) Technical Amendment.-- (1) New item.--Chapter 113B of title 18, United States Code, relating to torture, is redesignated as chapter 113C. (2) Table of chapters.--The table of chapters for part I of title 18, United States Code, is amended by striking ``113B. Torture'' and inserting ``113C. Torture''.[[Page 110 STAT. 1254]] Subtitle B--Prohibition on Assistance to Terrorist StatesSEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS. (a) In General.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the section 2332c added by section 521 of this Act the following new section:``Sec. 2332d. Financial transactions ``(a) Offense.--Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Definitions.--As used in this section-- ``(1) the term `financial transaction' has the same meaning as in section 1956(c)(4); and ``(2) the term `United States person' means any-- ``(A) United States citizen or national; ``(B) permanent resident alien; ``(C) juridical person organized under the laws of the United States; or ``(D) any person in the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item added by section 521 of this Act the following new item:``2332d. Financial transactions.''. (c) Effective Date.--The amendments made by this section shall become effective 120 days after the date of enactment of this Act.SEC. 322. FOREIGN AIR TRAVEL SAFETY. Section 44906 of title 49, United States Code, is amended to read as follows:``Sec. 44906. Foreign air carrier security programs ``The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.''.[[Page 110 STAT. 1255]]SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION. Section 2339A of title 18, United States Code, is amended to read as follows:``Sec. 2339A. Providing material support to terrorists ``(a) Offense.--Whoever, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or section 46502 of title 49, or in preparation for, or in carrying out, the concealment from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Definition.--In this section, the term `material support or resources' means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.''.SEC. 324. FINDINGS. The Congress finds that-- (1) international terrorism is among the most serious transnational threats faced by the United States and its allies, far eclipsing the dangers posed by population growth or pollution; (2) the President should continue to make efforts to counter international terrorism a national security priority; (3) because the United Nations has been an inadequate forum for the discussion of cooperative, multilateral responses to the threat of international terrorism, the President should undertake immediate efforts to develop effective multilateral responses to international terrorism as a complement to national counter terrorist efforts; (4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens; (5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya's noncompliance with United Nations resolutions; and (6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism.[[Page 110 STAT. 1256]]SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620F the following new section:``SEC. 620G . PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. ``(a) Withholding of Assistance.--The President shall withhold assistance under this Act to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 620A. ``(b) Waiver.--Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- ``(1) a statement of the determination; ``(2) a detailed explanation of the assistance to be provided; ``(3) the estimated dollar amount of the assistance; and ``(4) an explanation of how the assistance furthers United States national interests.''.SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620G the following new section:``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. ``(a) Prohibition.-- ``(1) In general.--The President shall withhold assistance under this Act to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). ``(2) Applicability.--The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date of enactment of this Act. ``(b) Waiver.--Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- ``(1) a statement of the determination; ``(2) a detailed explanation of the assistance to be provided; ``(3) the estimated dollar amount of the assistance; and[[Page 110 STAT. 1257]] ``(4) an explanation of how the assistance furthers United States national interests.''.SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. The International Financial Institutions Act (22 U.S.C. 262c et seq.) is amended by inserting after section 1620 the following new section:``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. ``(a) In General.--The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). ``(b) Definition.--For purposes of this section, the term `international financial institution' includes-- ``(1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; ``(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund; and ``(3) any similar institution established after the date of enactment of this section.''.SEC. 328. ANTITERRORISM ASSISTANCE. (a) Foreign Assistance Act.--Section 573 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended-- (1) in subsection (c), by striking ``development and implementation of the antiterrorism assistance program under this chapter, including''; (2) by amending subsection (d) to read as follows: ``(d)(1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance. ``(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the funds made available to carry out this chapter for that fiscal year.''; and (3) by striking subsection (f). (b) Assistance to Foreign Countries To Procure Explosives Detection Devices and Other Counterterrorism Technology.--(1) Subject to section 575(b), up to $3,000,000 in any fiscal year may be made available-- (A) to procure explosives detection devices and other counterterrorism technology; and (B) for joint counterterrorism research and development projects on such technology conducted with NATO and major non- NATO allies under the auspices of the Technical Support Working Group of the Department of State. (2) As used in this subsection, the term ``major non-NATO allies'' means those countries designated as major non-NATO allies for purposes of section 2350a(i)(3) of title 10, United States Code.[[Page 110 STAT. 1258]] (c) Assistance to Foreign Countries.--Notwithstanding any other provision of law (except section 620A of the Foreign Assistance Act of 1961) up to $1,000,000 in assistance may be provided to a foreign country for counterterrorism efforts in any fiscal year if-- (1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and (2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance.SEC. 329. DEFINITION OF ASSISTANCE. For purposes of this title-- (1) the term ``assistance'' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and (2) the term ``assistance'' does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance).SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES ANTITERRORISM EFFORTS. Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is amended by adding at the end the following: ``Sec. 40A. Transactions With Countries Not Fully Cooperating With United States Antiterrorism Efforts.-- ``(a) Prohibited Transactions.--No defense article or defense service may be sold or licensed for export under this Act in a fiscal year to a foreign country that the President determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States antiterrorism efforts. ``(b) Waiver.--The President may waive the prohibition set forth in subsection (a) with respect to a specific transaction if the President determines that the transaction is important to the national interests of the United States.''. TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION Subtitle A--Removal of Alien TerroristsSEC. 401. ALIEN TERRORIST REMOVAL. (a) In General.--The Immigration and Nationality Act is amended by adding at the end the following new title:[[Page 110 STAT. 1259]] ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES``SEC. 501. DEFINITIONS. ``As used in this title-- ``(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B); ``(2) the term `classified information' has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(3) the term `national security' has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.); ``(4) the term `removal court' means the court described in section 502; ``(5) the term `removal hearing' means the hearing described in section 504; and ``(6) the term `removal proceeding' means a proceeding under this title.``SEC. 502. ESTABLISHMENT OF REMOVAL COURT. ``(a) Designation of Judges.--The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). ``(b) Terms.--Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated-- ``(1) 1 member shall serve for a term of 1 year; ``(2) 1 member shall serve for a term of 2 years; ``(3) 1 member shall serve for a term of 3 years; and ``(4) 1 member shall serve for a term of 4 years. ``(c) Chief Judge.-- ``(1) Designation.--The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court. ``(2) Responsibilities.--The chief judge shall-- ``(A) promulgate rules to facilitate the functioning of the removal court; and ``(B) assign the consideration of cases to the various judges on the removal court. ``(d) Expeditious and Confidential Nature of Proceedings.--The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act.``SEC. 503. REMOVAL COURT PROCEDURE. ``(a) Application.-- ``(1) In general.--In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under[[Page 110 STAT. 1260]] this title by filing an application with the removal court that contains-- ``(A) the identity of the attorney in the Department of Justice making the application; ``(B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section; ``(C) the identity of the alien for whom authorization for the removal proceeding is sought; and ``(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that-- ``(i) the alien is an alien terrorist; ``(ii) the alien is physically present in the United States; and ``(iii) with respect to such alien, removal under title II would pose a risk to the national security of the United States. ``(2) Filing.--An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court. ``(b) Right To Dismiss.--The Attorney General may dismiss a removal action under this title at any stage of the proceeding. ``(c) Consideration of Application.-- ``(1) Basis for decision.--In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application-- ``(A) other information, including classified information, presented under oath or affirmation; and ``(B) testimony received in any hearing on the application, of which a verbatim record shall be kept. ``(2) Approval of order.--The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that-- ``(A) the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and ``(B) removal under title II would pose a risk to the national security of the United States. ``(3) Denial of order.--If the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Government's application. ``(d) Exclusive Provisions.--If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this title, and except as they are specifically referenced in this title, no other provisions of this Act shall be applicable.``SEC. 504. REMOVAL HEARING. ``(a) In General.-- ``(1) Expeditious hearing.--In any case in which an application for an order is approved under section 503(c)(2), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining[[Page 110 STAT. 1261]] whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. ``(2) Public hearing.--The removal hearing shall be open to the public. ``(b) Notice.--An alien who is the subject of a removal hearing under this title shall be given reasonable notice of-- ``(1) the nature of the charges against the alien, including a general account of the basis for the charges; and ``(2) the time and place at which the hearing will be held. ``(c) Rights in Hearing.-- ``(1) Right of counsel.--The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in section 3006A of title 18, United States Code. All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. ``(2) Introduction of evidence.--Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to introduce evidence on the alien's own behalf. ``(3) Examination of witnesses.--Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness. ``(4) Record.--A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept. ``(5) Removal decision based on evidence at hearing.--The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing. ``(d) Subpoenas.-- ``(1) Request.--At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena. ``(2) Payment for attendance.--If an application for a subpoena by the alien also makes a showing that the alien is financially unable to pay for the attendance of a witness so requested, the court may order the costs incurred by the process and the fees of the witness so subpoenaed to be paid from funds appropriated for the enforcement of title II.[[Page 110 STAT. 1262]] ``(3) Nationwide service.--A subpoena under this subsection may be served anywhere in the United States. ``(4) Witness fees.--A witness subpoenaed under this subsection shall receive the same fees and expenses as a witness subpoenaed in connection with a civil proceeding in a court of the United States. ``(5) No access to classified information.--Nothing in this subsection is intended to allow an alien to have access to classified information. ``(e) Discovery.-- ``(1) In general.--For purposes of this title-- ``(A) discovery of information derived pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States; ``(B) an alien subject to removal under this title shall not be entitled to suppress evidence that the alien alleges was unlawfully obtained; and ``(C) section 3504 of title 18, United States Code, and section 1806(c) of title 50, United States Code, shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation. ``(2) Protective orders.--Nothing in this title shall prevent the United States from seeking protective orders and from asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privileges. ``(3) Treatment of classified information.-- ``(A) Use.--The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information. ``(B) Submission.--With respect to such information, the Government shall submit to the removal court an unclassified summary of the specific evidence that does not pose that risk. ``(C) Approval.--Not later than 15 days after submission, the judge shall approve the summary if the judge finds that it is sufficient to enable the alien to prepare a defense. The Government shall deliver to the alien a copy of the unclassified summary approved under this subparagraph. ``(D) Disapproval.-- ``(i) In general.--If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary. ``(ii) Revised summary.--If the revised unclassified summary is not approved by the court within 15 days[[Page 110 STAT. 1263]] of its submission pursuant to subparagraph (C), the removal hearing shall be terminated. ``(f) Arguments.--Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present argument as to whether the evidence is sufficient to justify the removal of the alien. The Government shall open the argument. The alien shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. ``(g) Burden of Proof.--In the hearing, it is the Government's burden to prove, by the preponderance of the evidence, that the alien is subject to removal because the alien is an alien terrorist. ``(h) Rules of Evidence.--The Federal Rules of Evidence shall not apply in a removal hearing. ``(i) Determination of Deportation.--If the judge, after considering the evidence on the record as a whole, finds that the Government has met its burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the removal hearing, the judge shall order the Attorney General to take the alien into custody. ``(j) Written Order.--At the time of issuing a decision as to whether the alien shall be removed, the judge shall prepare a written order containing a statement of facts found and conclusions of law. ``(k) No Right to Ancillary Relief.--At no time shall the judge consider or provide for relief from removal based on-- ``(1) asylum under section 208; ``(2) withholding of deportation under section 243(h); ``(3) suspension of deportation under subsection (a) or (e) of section 244; ``(4) adjustment of status under section 245; or ``(5) registry under section 249.``SEC. 505. APPEALS. ``(a) Appeal of Denial of Application for Removal Proceedings.-- ``(1) In general.--The Attorney General may seek a review of the denial of an order sought in an application filed pursuant to section 503. The appeal shall be filed in the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date of such denial. ``(2) Record on appeal.--The entire record of the proceeding shall be transmitted to the Court of Appeals under seal, and the Court of Appeals shall hear the matter ex parte. ``(3) Standard of review.--The Court of Appeals shall-- ``(A) review questions of law de novo; and ``(B) set aside a finding of fact only if such finding was clearly erroneous. ``(b) Appeal of Determination Regarding Summary of Classified Information.-- ``(1) In general.--The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of-- ``(A) any determination by the judge pursuant to section 504(e)(3); or ``(B) the refusal of the court to make the findings permitted by section 504(e)(3).[[Page 110 STAT. 1264]] ``(2) Record.--In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge, any classified information and the summary of evidence, shall be transmitted to the Court of Appeals. The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of any other judicial review. ``(c) Appeal of Decision in Hearing.-- ``(1) In general.--The decision of the judge after a removal hearing may be appealed by either the alien or the Attorney General to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date on which the order is issued. The order shall not be enforced during the pendency of an appeal under this subsection. ``(2) Transmittal of record.--In an appeal or review to the Court of Appeals pursuant to this subsection-- ``(A) the entire record shall be transmitted to the Court of Appeals; and ``(B) information received in camera and ex parte, and any portion of the order that would reveal the substance or source of such information, shall be transmitted under seal. ``(3) Expedited appellate proceeding.--In an appeal or review to the Court of Appeals under this subsection-- ``(A) the appeal or review shall be heard as expeditiously as practicable and the court may dispense with full briefing and hear the matter solely on the record of the judge of the removal court and on such briefs or motions as the court may require to be filed by the parties; ``(B) the Court of Appeals shall issue an opinion not later than 60 days after the date of the issuance of the final order of the district court; ``(C) the court shall review all questions of law de novo; and ``(D) a finding of fact shall be accorded deference by the reviewing court and shall not be set aside unless such finding was clearly erroneous. ``(d) Certiorari.--Following a decision by the Court of Appeals pursuant to subsection (c), the alien or the Attorney General may petition the Supreme Court for a writ of certiorari. In any such case, any information transmitted to the Court of Appeals under seal shall, if such information is also submitted to the Supreme Court, be transmitted under seal. Any order of removal shall not be stayed pending disposition of a writ of certiorari, except as provided by the Court of Appeals or a Justice of the Supreme Court. ``(e) Appeal of Detention Order.-- ``(1) In general.--Sections 3145 through 3148 of title 18, United States Code, pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release condition shall apply to an alien to whom section 507(b)(1) applies. In applying the previous sentence-- ``(A) for purposes of section 3145 of such title an appeal shall be taken to the United States Court of Appeals for the District of Columbia Circuit; and[[Page 110 STAT. 1265]] ``(B) for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment. ``(2) No review of continued detention.--The determinations and actions of the Attorney General pursuant to section 507(b)(2)(C) shall not be subject to judicial review, including application for a writ of habeas corpus, except for a claim by the alien that continued detention violates the alien's rights under the Constitution. Jurisdiction over any such challenge shall lie exclusively in the United States Court of Appeals for the District of Columbia Circuit.``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING. ``(a) Upon Filing Application.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Attorney General may-- ``(A) take into custody any alien with respect to whom an application under section 503 has been filed; and ``(B) retain such an alien in custody in accordance with the procedures authorized by this title. ``(2) Special rules for permanent resident aliens.-- ``(A) Release hearing.--An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien-- ``(i) is a person lawfully admitted for permanent residence in the United States; ``(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and ``(iii) will not endanger national security, or the safety of any person or the community, if released. ``(B) Information considered.--The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing. ``(3) Release if order denied and no review sought.-- ``(A) In general.--Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 503, and the Attorney General does not seek review of such denial, the alien shall be released from custody. ``(B) Application of regular procedures.-- Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to title II. ``(b) Conditional Release if Order Denied and Review Sought.-- ``(1) In general.--If a judge of the removal court denies the order sought in an application filed pursuant to section 503 and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18, United States Code, that--[[Page 110 STAT. 1266]] ``(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this title; and ``(B) will not endanger the safety of any other person or the community. ``(2) No release for certain aliens.--If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this title.``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING. ``(a) Release.-- ``(1) In general.--Subject to paragraph (2), if the judge decides that an alien should not be removed, the alien shall be released from custody. ``(2) Custody pending appeal.--If the Attorney General takes an appeal from such decision, the alien shall remain in custody, subject to the provisions of section 3142 of title 18, United States Code. ``(b) Custody and Removal.-- ``(1) Custody.--If the judge decides that an alien shall be removed, the alien shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the Attorney General shall retain the alien in custody and remove the alien to a country specified under paragraph (2). ``(2) Removal.-- ``(A) In general.--The removal of an alien shall be to any country which the alien shall designate if such designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair the obligation of the United States under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States. ``(B) Alternate countries.--If the alien refuses to designate a country to which the alien wishes to be removed or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to the country so designated would impair a treaty obligation or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any country willing to receive such alien. ``(C) Continued detention.--If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney General's efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate. ``(D) Fingerprinting.--Before an alien is removed from the United States pursuant to this subsection, or pursuant to an order of exclusion because such alien is excludable[[Page 110 STAT. 1267]] under section 212(a)(3)(B), the alien shall be photographed and fingerprinted, and shall be advised of the provisions of section 276(b). ``(c) Continued Detention Pending Trial.-- ``(1) Delay in removal.--The Attorney General may hold in abeyance the removal of an alien who has been ordered removed, pursuant to this title, to allow the trial of such alien on any Federal or State criminal charge and the service of any sentence of confinement resulting from such a trial. ``(2) Maintenance of custody.--Pending the commencement of any service of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General, unless the Attorney General determines that temporary release of the alien to the custody of State authorities for confinement in a State facility is appropriate and would not endanger national security or public safety. ``(3) Subsequent removal.--Following the completion of a sentence of confinement by an alien described in paragraph (1), or following the completion of State criminal proceedings which do not result in a sentence of confinement of an alien released to the custody of State authorities pursuant to paragraph (2), such an alien shall be returned to the custody of the Attorney General who shall proceed to the removal of the alien under this title. ``(d) Application of Certain Provisions Relating to Escape of Prisoners.--For purposes of sections 751 and 752 of title 18, United States Code, an alien in the custody of the Attorney General pursuant to this title shall be subject to the penalties provided by those sections in relation to a person committed to the custody of the Attorney General by virtue of an arrest on a charge of a felony. ``(e) Rights of Aliens in Custody.-- ``(1) Family and attorney visits.--An alien in the custody of the Attorney General pursuant to this title shall be given reasonable opportunity, as determined by the Attorney General, to communicate with and receive visits from members of the alien's family, and to contact, retain, and communicate with an attorney. ``(2) Diplomatic contact.--An alien in the custody of the Attorney General pursuant to this title shall have the right to contact an appropriate diplomatic or consular official of the alien's country of citizenship or nationality or of any country providing representation services therefore. The Attorney General shall notify the appropriate embassy, mission, or consular office of the alien's detention.''. (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--Section 106(b) of the Immigration and Nationality Act (8 U.S.C. 1105a(b)) is amended by adding at the end the following sentence: ``Jurisdiction to review an order entered pursuant to the provisions of section 235(c) concerning an alien excludable under section 212(a)(3)(B) shall rest exclusively in the United States Court of Appeals for the District of Columbia Circuit.''. (c) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended-- (1) by striking ``or'' at the end of paragraph (1),[[Page 110 STAT. 1268]] (2) by striking the period at the end of paragraph (2) and inserting ``; or'', and (3) by inserting after paragraph (2) the following new paragraph: ``(3) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.''. (d) Table of Contents.--The Immigration and Nationality Act is amended by adding at the end of the table of contents the following: ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES``Sec. 501. Definitions.``Sec. 502. Establishment of removal court.``Sec. 503. Removal court procedure.``Sec. 504. Removal hearing.``Sec. 505. Appeals.``Sec. 506. Custody and release pending removal hearing.``Sec. 507. Custody and release after removal hearing.''. (e) Elimination of Custody Review by Habeas Corpus.--Section 106(a) of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended-- (1) in paragraph (8), by adding ``and'' at the end; (2) in paragraph (9), by striking ``; and'' at the end and inserting a period; and (3) by striking paragraph (10). (f) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to all aliens without regard to the date of entry or attempted entry into the United States. Subtitle B--Exclusion of Members and Representatives of Terrorist OrganizationsSEC. 411. EXCLUSION OF ALIEN TERRORISTS. Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II), by inserting ``is engaged in or'' after ``believe,''; and (C) by inserting after subclause (II) the following: ``(III) is a representative (as defined in clause (iv)) of a foreign terrorist organization, as designated by the Secretary under section 219, or ``(IV) is a member of a foreign terrorist organization, as designated by the Secretary under section 219,''; and (2) by adding at the end the following: ``(iv) Representative defined.--As used in this paragraph, the term `representative' includes an officer,[[Page 110 STAT. 1269]] official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.''.SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION FOR VISAS. Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 1182(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting each new subparagraph 2 ems to the right; (2) by striking ``If'' and inserting ``(1) Subject to paragraphs (2) and (3), if''; and (3) by adding at the end the following new paragraphs: ``(2) The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of excludable aliens. ``(3) Paragraph (1) does not apply to any alien excludable under paragraph (2) or (3) of subsection (a).''.SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS. (a) Withholding of Deportation.--Section 243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by adding at the end the following new sentence: ``For purposes of subparagraph (D), an alien who is described in section 241(a)(4)(B) shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.''. (b) Suspension of Deportation.--Section 244(a) of such Act (8 U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of section 241(a)(4)''. (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C. 1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or'' after ``who is deportable''. (d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C. 1255(c)) is amended-- (1) by striking ``or'' before ``(5)'', and (2) by inserting before the period at the end the following: ``, or (6) an alien who is deportable under section 241(a)(4)(B)''. (e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is amended by inserting ``and is not deportable under section 241(a)(4)(B)'' after ``ineligible to citizenship''. (f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) is amended by adding at the end the following: ``(3) Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that-- ``(A) such alien's life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or political opinion; and ``(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees.''. (g) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and[[Page 110 STAT. 1270]]shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED. (a) In General.--Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. Subtitle C--Modification to Asylum ProceduresSEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS. (a) In General.--Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: ``The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable under section 241(a)(4)(B), unless the Attorney General determines, in the discretion of the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply to asylum determinations made on or after such date.SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. (a) In General.--Subsection (b) of section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended to read as follows: ``(b)(1)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i) is excludable under section 212(a)(6)(C) or 212(a)(7), and ``(ii) does not indicate either an intention to apply for asylum under section 208 or a fear of persecution,the officer shall order the alien excluded from the United States without further hearing or review. ``(B) The examining immigration officer shall refer for an interview by an asylum officer under subparagraph (C) any alien who is excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention to apply for asylum under section 208 or a fear of persecution.[[Page 110 STAT. 1271]] ``(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[[Page 110 STAT. 1272]]to take the alien whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.''. (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1), by striking ``Deportation'' and inserting ``Subject to section 235(b)(1), deportation'', and (2) in the first sentence of paragraph (2), by striking ``If'' and inserting ``Subject to section 235(b)(1), if''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.SEC. 423. JUDICIAL REVIEW. (a) Preclusion of Judicial Review.--Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended-- (1) by amending the section heading to read as follows: ``judicial review of orders of deportation and exclusion, and special exclusion''; and (2) by adding at the end the following new subsection: ``(e)(1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction to review any individual determination, or to entertain any other cause or claim, arising from or relating to the implementation or operation of section 235(b)(1). Regardless of the nature of the action or claim, or the party or parties bringing the action, no court shall have jurisdiction or authority to enter declaratory, injunctive, or other equitable relief not specifically authorized in this subsection nor to certify a class under Rule 23 of the Federal Rules of Civil Procedure. ``(2) Judicial review of any cause, claim, or individual determination covered under paragraph (1) shall only be available in habeas corpus proceedings, and shall be limited to determinations of-- ``(A) whether the petitioner is an alien, if the petitioner makes a showing that the petitioner's claim of United States nationality is not frivolous; ``(B) whether the petitioner was ordered specially excluded under section 235(b)(1)(A); and ``(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence and is entitled to such review as is provided by the Attorney General pursuant to section 235(b)(1)(E)(i). ``(3) In any case where the court determines that an alien was not ordered specially excluded, or was not properly subject to special exclusion under the regulations adopted by the Attorney General, the court may order no relief beyond requiring that the alien receive a hearing in accordance with section 236, or a determination in accordance with section 235(c) or 273(d). ``(4) In determining whether an alien has been ordered specially excluded, the court's inquiry shall be limited to whether such an order was in fact issued and whether it relates to the petitioner.''. (b) Preclusion of Collateral Attacks.--Section 235 of such Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection:[[Page 110 STAT. 1273]] ``(d) In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or section 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 236 and 242.''. (c) Clerical Amendment.--The item relating to section 106 in the table of contents of such Act is amended to read as follows:``Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.''. Subtitle D--Criminal Alien Procedural ImprovementsSEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION FILES THROUGH COURT ORDER. (a) Confidentiality of Information.--Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended-- (1) by inserting ``(i)'' after ``except the Attorney General''; and (2) by inserting after ``Title 13'' the following: ``and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used-- ``(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or ``(II) for criminal law enforcement purposes against the alien whose application is to be disclosed.''. (b) Applications for Adjustment of Status.--Section 210(b) of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended-- (1) in paragraph (5), by inserting ``, except as allowed by a court order issued pursuant to paragraph (6) of this subsection'' after ``consent of the alien''; and (2) in paragraph (6), by inserting the following sentence before ``Anyone who uses'': ``Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.''.SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM. Section 130002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) is amended to read as follows: ``(a) Operation and Purpose.--The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien identification system. The[[Page 110 STAT. 1274]]criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies.''.SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO- PREDICATE OFFENSES. Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 1028 (relating to fraud and related activity in connection with identification documents) if the act indictable under section 1028 was committed for the purpose of financial gain,'' before ``section 1029''; (2) by inserting ``section 1542 (relating to false statement in application and use of passport) if the act indictable under section 1542 was committed for the purpose of financial gain, section 1543 (relating to forgery or false use of passport) if the act indictable under section 1543 was committed for the purpose of financial gain, section 1544 (relating to misuse of passport) if the act indictable under section 1544 was committed for the purpose of financial gain, section 1546 (relating to fraud and misuse of visas, permits, and other documents) if the act indictable under section 1546 was committed for the purpose of financial gain, sections 1581-1588 (relating to peonage and slavery),'' after ``section 1513 (relating to retaliating against a witness, victim, or an informant),''; (3) by striking ``or'' before ``(E)''; and (4) by inserting before the period at the end the following: ``, or (F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain''.SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS. Section 2516(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (n), (2) by redesignating paragraph (o) as paragraph (p), and (3) by inserting after paragraph (n) the following new paragraph: ``(o) a felony violation of section 1028 (relating to production of false identification documents), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents) of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or''.SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL TURPITUDE. (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as follows: ``(II) is convicted of a crime for which a sentence of one year or longer may be imposed,''.[[Page 110 STAT. 1275]] (b) Effective Date.--The amendment made by subsection (a) shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.SEC. 436. MISCELLANEOUS PROVISIONS. (a) Use of Electronic and Telephonic Media in Deportation Hearings.--The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ``; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien''. (b) Codification.-- (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ``Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.''. (2) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416) is amended by striking ``and nothing in'' and all that follows through ``1252(i))''. (3) The amendments made by this subsection shall take effect as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416).SEC. 437. INTERIOR REPATRIATION PROGRAM. Not later than 180 days after the date of enactment of this Act, the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country's border with the United States.SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT. (a) In General.--Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows: ``(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation. ``(2) The Attorney General is authorized to deport an alien in accordance with applicable procedures under this Act prior to the completion of a sentence of imprisonment-- ``(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), and (ii) such deportation of the alien is appropriate and in the best interest of the United States; or[[Page 110 STAT. 1276]] ``(B) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), (ii) such deportation is appropriate and in the best interest of the State, and (iii) submits a written request to the Attorney General that such alien be so deported. ``(3) Any alien deported pursuant to this subsection shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens deported under paragraph (2).''. (b) Reentry of Alien Deported Prior to Completion of Term of Imprisonment.--Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: ``(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.''.SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS. (a) In General.--Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who-- (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States. (b) Cooperation.--The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials.SEC. 440. CRIMINAL ALIEN REMOVAL. (a) Judicial Review.--Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows: ``(10) Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predi[[Page 110 STAT. 1277]] cate offenses are covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.''. (b) Final Order of Deportation Defined.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: ``(47)(A) The term `order of deportation' means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. ``(B) The order described under subparagraph (A) shall become final upon the earlier of-- ``(i) a determination by the Board of Immigration Appeals affirming such order; or ``(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.''. (c) Arrest and Custody.--Section 242(a)(2) of such Act is amended-- (1) in subparagraph (A)-- (A) by striking ``(2)(A) The Attorney'' and inserting ``(2) The Attorney''; (B) by striking ``an aggravated felony upon'' and all that follows through ``of the same offense)'' and inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), upon release of the alien from incarceration, shall deport the alien as expeditiously as possible''; and (C) by striking ``but subject to subparagraph (B)''; and (2) by striking subparagraph (B). (d) Classes of Excludable Aliens.--Section 212(c) of such Act (8 U.S.C. 1182(c)) is amended-- (1) by striking ``The first sentence of this'' and inserting ``This''; and (2) by striking ``has been convicted of one or more aggravated felonies'' and all that follows through the end and inserting ``is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''. (e) Aggravated Felony Defined.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416), is amended-- (1) in subparagraph (J), by inserting ``, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),'' after ``corrupt organizations)''; (2) in subparagraph (K)-- (A) by striking ``or'' at the end of clause (i), (B) by redesignating clause (ii) as clause (iii), and (C) by inserting after clause (i) the following new clause: ``(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transpor[[Page 110 STAT. 1278]] tation for the purpose of prostitution) for commercial advantage; or''; (3) by amending subparagraph (N) to read as follows: ``(N) an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years;''; (4) by amending subparagraph (O) to read as follows: ``(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;''; (5) in subparagraph (P), by striking ``15 years'' and inserting ``5 years'', and by striking ``and'' at the end; (6) by redesignating subparagraphs (O), (P), and (Q) as subparagraphs (P), (Q), and (U), respectively; (7) by inserting after subparagraph (N) the following new subparagraph: ``(O) an offense described in section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;''; and (8) by inserting after subparagraph (Q), as so redesignated, the following new subparagraphs: ``(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years' imprisonment or more may be imposed; ``(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of 5 years' imprisonment or more may be imposed; ``(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed; and''. (f) Effective Date.--The amendments made by subsection (e) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (e)(3) shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994. (g) Deportation of Criminal Aliens.--Section 242A(a) of such Act (8 U.S.C. 1252a) is amended-- (1) in paragraph (1)-- (A) by striking ``aggravated felonies (as defined in section 101(a)(43) of this title)'' and inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''; and (B) by striking ``, where warranted,''; (2) in paragraph (2), by striking ``aggravated felony'' and all that follows through ``before any scheduled hearings.'' and[[Page 110 STAT. 1279]] inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''. (h) Deadlines for Deporting Alien.--Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended-- (1) by striking ``(c) When a final order'' and inserting ``(c)(1) Subject to paragraph (2), when a final order''; and (2) by inserting at the end the following new paragraph: ``(2) When a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the order within which to effect the alien's departure from the United States. The Attorney General shall have sole and unreviewable discretion to waive the foregoing provision for aliens who are cooperating with law enforcement authorities or for purposes of national security.''.SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER. (a) In General.--Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: ``(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that-- ``(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; ``(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of enactment of this Act.SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS. (a) Administrative Hearings.--Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (A) and inserting ``or'', and (B) by amending subparagraph (B) to read as follows: ``(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.''; (2) in paragraph (3), by striking ``30 calendar days'' and inserting ``14 calendar days''; (3) in paragraph (4)(B), by striking ``proccedings'' and inserting ``proceedings''; (4) in paragraph (4)--[[Page 110 STAT. 1280]] (A) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and (B) by adding after subparagraph (C) the following new subparagraphs: ``(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands; ``(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;''. (5) by adding at the end the following new paragraph: ``(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may grant in the Attorney General's discretion.''. (b) Limit on Judicial Review.--Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended to read as follows: ``(d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact an alien described in such section, and no court shall have jurisdiction to review any other issue.''. (c) Presumption of Deportability.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection: ``(c) Presumption of Deportability.--An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.''. (d) Effective Date.--The amendments made by this section shall become effective no later than 60 days after the publication by the Attorney General of implementing regulations that shall be published on or before January 1, 1997.SEC. 443. EXTRADITION OF ALIENS. (a) Scope.--Section 3181 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``The provisions of this chapter''; and (2) by adding at the end the following new subsections: ``(b) The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that-- ``(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and ``(2) the offenses charged are not of a political nature. ``(c) As used in this section, the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.[[Page 110 STAT. 1281]] (b) Fugitives.--Section 3184 of title 18, United States Code, is amended-- (1) in the first sentence by inserting after ``United States and any foreign government,'' the following: ``or in cases arising under section 3181(b),''; (2) in the first sentence by inserting after ``treaty or convention,'' the following: ``or provided for under section 3181(b),''; and (3) in the third sentence by inserting after ``treaty or convention,'' the following: ``or under section 3181(b),''. TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS Subtitle A--Nuclear MaterialsSEC. 501. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) nuclear materials, including byproduct materials, can be used to create radioactive dispersal devices that are capable of causing serious bodily injury as well as substantial damage to property and to the environment; (2) the potential use of nuclear materials, including byproduct materials, enhances the threat posed by terrorist activities and thereby has a greater effect on the security interests of the United States; (3) due to the widespread hazards presented by the threat of nuclear contamination, as well as nuclear bombs, the United States has a strong interest in ensuring that persons who are engaged in the illegal acquisition and use of nuclear materials, including byproduct materials, are prosecuted for their offenses; (4) the threat that nuclear materials will be obtained and used by terrorist and other criminal organizations has increased substantially since the enactment in 1982 of the legislation that implemented the Convention on the Physical Protection of Nuclear Material, codified at section 831 of title 18, United States Code; (5) the successful efforts to obtain agreements from other countries to dismantle nuclear weapons have resulted in increased packaging and transportation of nuclear materials, thereby decreasing the security of such materials by increasing the opportunity for unlawful diversion and theft; (6) the trafficking in the relatively more common, commercially available, and usable nuclear and byproduct materials creates the potential for significant loss of life and environmental damage; (7) report trafficking incidents in the early 1990's suggest that the individuals involved in trafficking in these materials from Eurasia and Eastern Europe frequently conducted their black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet Union, Central Europe, and to a lesser extent in the Middle European countries;[[Page 110 STAT. 1282]] (8) the international community has become increasingly concerned over the illegal possession of nuclear and nuclear byproduct materials; (9) the potentially disastrous ramifications of increased access to nuclear and nuclear byproduct materials pose such a significant threat that the United States must use all lawful methods available to combat the illegal use of such materials; (10) the United States has an interest in encouraging United States corporations to do business in the countries that comprised the former Soviet Union, and in other developing democracies; (11) protection of such United States corporations from threats created by the unlawful use of nuclear materials is important to the success of the effort to encourage business ventures in these countries, and to further the foreign relations and commerce of the United States; (12) the nature of nuclear contamination is such that it may affect the health, environment, and property of United States nationals even if the acts that constitute the illegal activity occur outside the territory of the United States, and are primarily directed toward foreign nationals; and (13) there is presently no Federal criminal statute that provides adequate protection to United States interests from nonweapons grade, yet hazardous radioactive material, and from the illegal diversion of nuclear materials that are held for other than peaceful purposes. (b) Purpose.--The purpose of this title is to provide Federal law enforcement agencies with the necessary means and the maximum authority permissible under the Constitution to combat the threat of nuclear contamination and proliferation that may result from the illegal possession and use of radioactive materials.SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR MATERIALS PROHIBITIONS. Section 831 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``nuclear material'' each place it appears and inserting ``nuclear material or nuclear byproduct material''; (B) in paragraph (1)-- (i) in subparagraph (A), by inserting ``or to the environment'' after ``property''; and (ii) so that subparagraph (B) reads as follows: ``(B) circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment;''; and (C) in paragraph (6), by inserting ``or to the environment'' after ``property''; (2) in subsection (c)-- (A) so that paragraph (2) reads as follows: ``(2) an offender or a victim is-- ``(A) a national of the United States; or ``(B) a United States corporation or other legal entity;''; (B) in paragraph (3)--[[Page 110 STAT. 1283]] (i) by striking ``at the time of the offense the nuclear material is in use, storage, or transport, for peaceful purposes, and''; and (ii) by striking ``or'' at the end of the paragraph; (C) in paragraph (4)-- (i) by striking ``nuclear material for peaceful purposes'' and inserting ``nuclear material or nuclear byproduct material''; and (ii) by striking the period at the end of the paragraph and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(5) either-- ``(A) the governmental entity under subsection (a)(5) is the United States; or ``(B) the threat under subsection (a)(6) is directed at the United States.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``with an isotopic concentration not in excess of 80 percent plutonium 238''; and (ii) in subparagraph (C), by striking ``uranium'' and inserting ``enriched uranium, defined as uranium''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following new paragraph: ``(2) the term `nuclear byproduct material' means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;''; (D) in paragraph (4), as redesignated, by striking ``and'' at the end; (E) in paragraph (5), as redesignated, by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following new paragraphs: ``(6) the term `national of the United States' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and ``(7) the term `United States corporation or other legal entity' means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States.''.SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM ARMORIES. (a) Study.--The Attorney General and the Secretary of Defense shall jointly conduct a study of the number and extent of thefts from military arsenals (including National Guard armories) of firearms, explosives, and other materials that are potentially useful to terrorists. (b) Report to the Congress.--Not later than 6 months after the date of enactment of this Act, the Attorney General and the Secretary of Defense shall jointly prepare and transmit to the Congress a report on the findings of the study conducted under subsection (a).[[Page 110 STAT. 1284]] Subtitle B--Biological Weapons RestrictionsSEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS. (a) Findings.--The Congress finds that-- (1) certain biological agents have the potential to pose a severe threat to public health and safety; (2) such biological agents can be used as weapons by individuals or organizations for the purpose of domestic or international terrorism or for other criminal purposes; (3) the transfer and possession of potentially hazardous biological agents should be regulated to protect public health and safety; and (4) efforts to protect the public from exposure to such agents should ensure that individuals and groups with legitimate objectives continue to have access to such agents for clinical and research purposes. (b) Criminal Enforcement.--Chapter 10 of title 18, United States Code, is amended-- (1) in section 175(a), by inserting ``or attempts, threatens, or conspires to do the same,'' after ``to do so,''; (2) in section 177(a)(2), by inserting ``threat,'' after ``attempt,''; and (3) in section 178-- (A) in paragraph (1), by striking ``or infectious substance'' and inserting ``infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product''; (B) in paragraph (2)-- (i) by inserting ``the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule'' after ``means''; (ii) by striking ``production--'' and inserting ``production, including--''; (iii) in subparagraph (A), by inserting ``or biological product that may be engineered as a result of biotechnology'' after ``substance''; and (iv) in subparagraph (B), by inserting ``or biological product'' after ``isomer''; and (C) in paragraph (4), by inserting ``, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,'' after ``organism''. (c) Terrorism.--Section 2332a(a) of title 18, United States Code, is amended by inserting ``, including any biological agent, toxin, or vector (as those terms are defined in section 178)'' after ``destruction''. (d) Regulatory Control of Biological Agents.-- (1) List of biological agents.-- (A) In general.--The Secretary shall, through regulations promulgated under subsection (f), establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety.[[Page 110 STAT. 1285]] (B) Criteria.--In determining whether to include an agent on the list under subparagraph (A), the Secretary shall-- (i) consider-- (I) the effect on human health of exposure to the agent; (II) the degree of contagiousness of the agent and the methods by which the agent is transferred to humans; (III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent; and (IV) any other criteria that the Secretary considers appropriate; and (ii) consult with scientific experts representing appropriate professional groups. (e) Regulation of Transfers of Listed Biological Agents.--The Secretary shall, through regulations promulgated under subsection (f), provide for-- (1) the establishment and enforcement of safety procedures for the transfer of biological agents listed pursuant to subsection (d)(1), including measures to ensure-- (A) proper training and appropriate skills to handle such agents; and (B) proper laboratory facilities to contain and dispose of such agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for any other criminal purpose; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. (f) Regulations.--The Secretary shall carry out this section by issuing-- (1) proposed rules not later than 60 days after the date of enactment of this Act; and (2) final rules not later than 120 days after the date of enactment of this Act. (g) Definitions.--For purposes of this section-- (1) the term ``biological agent'' has the same meaning as in section 178 of title 18, United States Code; and (2) the term ``Secretary'' means the Secretary of Health and Human Services.[[Page 110 STAT. 1286]] Subtitle C--Chemical Weapons RestrictionsSEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS. (a) Chemical Weapons of Mass Destruction.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332b as added by section 702 of this Act the following new section:``Sec. 2332c. Use of chemical weapons ``(a) Prohibited Acts.-- ``(1) Offense.--A person shall be punished under paragraph (2) if that person, without lawful authority, uses, or attempts or conspires to use, a chemical weapon against-- ``(A) a national of the United States while such national is outside of the United States; ``(B) any person within the United States; or ``(C) any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States. ``(2) Penalties.--A person who violates paragraph (1)-- ``(A) shall be imprisoned for any term of years or for life; or ``(B) if death results from that violation, shall be punished by death or imprisoned for any term of years or for life. ``(b) Definitions.--As used in this section-- ``(1) the term `national of the United States' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and ``(2) the term `chemical weapon' means any weapon that is designed or intended to cause widespread death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals. (b) Study of Facility for Training and Evaluation of Personnel Who Respond To Use of Chemical or Biological Weapons in Urban and Suburban Areas.-- (1) Findings.--The Congress finds that-- (A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance; (B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and (C) a facility that recreates urban and suburban locations would provide an especially effective environment[[Page 110 STAT. 1287]] in which to test, train, and evaluate such personnel for that purpose. (2) Study of facility.-- (A) In general.--The President shall establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States. (B) Description of facility.--The facility considered under subparagraph (A) shall include-- (i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments; (ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings; (iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas; (iv) chemical and biocontaminant facilities at the P3 and P4 levels; (v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and (vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas. (C) Sense of congress.--It is the sense of Congress that the facility considered under subparagraph (A) shall, if established-- (i) be under the jurisdiction of the Secretary of Defense; and (ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict. (c) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item added by section 702 of this Act that relates to section 2332b the following new item:``2332c. Use of chemical weapons.''. TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTIONSEC. 601. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that--[[Page 110 STAT. 1288]] (1) plastic explosives were used by terrorists in the bombings of Pan American Airlines flight number 103 in December 1988 and UTA flight number 722 in September 1989; (2) plastic explosives can be used with little likelihood of detection for acts of unlawful interference with civil aviation, maritime navigation, and other modes of transportation; (3) the criminal use of plastic explosives places innocent lives in jeopardy, endangers national security, affects domestic tranquility, and gravely affects interstate and foreign commerce; (4) the marking of plastic explosives for the purpose of detection would contribute significantly to the prevention and punishment of such unlawful acts; and (5) for the purpose of deterring and detecting such unlawful acts, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991, requires each contracting State to adopt appropriate measures to ensure that plastic explosives are duly marked and controlled. (b) Purpose.--The purpose of this title is to fully implement the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.SEC. 602. DEFINITIONS. Section 841 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(o) `Convention on the Marking of Plastic Explosives' means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991. ``(p) `Detection agent' means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-- ``(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass; ``(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; ``(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and ``(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. ``(q) `Plastic explosive' means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10-4 Pa at a temperature of 25/C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.''.[[Page 110 STAT. 1289]]SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES. Section 842 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(l) It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent. ``(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent. ``(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. ``(2) This subsection does not apply to-- ``(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; or ``(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the date of enactment of this subsection, to fail to report to the Secretary within 120 days after such date of enactment the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may prescribe by regulation.''.SEC. 604. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: ``(a) Any person who violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both.''.SEC. 605. EXCEPTIONS. Section 845 of title 18, United States Code, is amended--[[Page 110 STAT. 1290]] (1) in subsection (a)-- (A) by inserting ``(l), (m), (n), or (o) of section 842 and subsections'' after ``subsections''; and (B) in paragraph (1), by inserting before the semicolon ``, and which pertain to safety''; and (2) by adding at the end the following new subsection: ``(c) It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 842 if the proponent proves by a preponderance of the evidence that the plastic explosive-- ``(1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- ``(A) research, development, or testing of new or modified explosive materials; ``(B) training in explosives detection or development or testing of explosives detection equipment; or ``(C) forensic science purposes; or ``(2) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. ``(3) For purposes of this subsection, the term `military device' includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.''.SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES. Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) is a plastic explosive, as defined in section 841(q) of title 18, United States Code, which does not contain a detection agent, as defined in section 841(p) of such title.''.SEC. 607. EFFECTIVE DATE. Except as otherwise provided in this title, this title and the amendments made by this title shall take effect 1 year after the date of enactment of this Act.[[Page 110 STAT. 1291]] TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM Subtitle A--Crimes and PenaltiesSEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.''.SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES. (a) Offense.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332a the following new section:``Sec. 2332b. Acts of terrorism transcending national boundaries ``(a) Prohibited Acts.-- ``(1) Offenses.--Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)-- ``(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or ``(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States; in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c). ``(2) Treatment of threats, attempts and conspiracies.-- Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c). ``(b) Jurisdictional Bases.-- ``(1) Circumstances.--The circumstances referred to in subsection (a) are-- ``(A) any of the offenders uses the mail or any facility of interstate or foreign commerce in furtherance of the offense; ``(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; ``(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, execu[[Page 110 STAT. 1292]] tive, or judicial branches, or of any department or agency, of the United States; ``(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States; ``(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or ``(F) the offense is committed within the special maritime and territorial jurisdiction of the United States. ``(2) Co-conspirators and accessories after the fact.-- Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender. ``(c) Penalties.-- ``(1) Penalties.--Whoever violates this section shall be punished-- ``(A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life; ``(B) for kidnapping, by imprisonment for any term of years or for life; ``(C) for maiming, by imprisonment for not more than 35 years; ``(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years; ``(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years; ``(F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and ``(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years. ``(2) Consecutive sentence.--Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment. ``(d) Proof Requirements.--The following shall apply to prosecutions under this section: ``(1) Knowledge.--The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment. ``(2) State law.--In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted. ``(e) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction--[[Page 110 STAT. 1293]] ``(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and ``(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a). ``(f) Investigative Authority.--In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056. ``(g) Definitions.--As used in this section-- ``(1) the term `conduct transcending national boundaries' means conduct occurring outside of the United States in addition to the conduct occurring in the United States; ``(2) the term `facility of interstate or foreign commerce' has the meaning given that term in section 1958(b)(2); ``(3) the term `serious bodily injury' has the meaning given that term in section 1365(g)(3); ``(4) the term `territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and ``(5) the term `Federal crime of terrorism' means an offense that-- ``(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and ``(B) is a violation of-- ``(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 (relating to biological weapons), 351 (relating to congressional, cabinet, and Supreme Court assassination, kidnapping, and assault), 831 (relating to nuclear materials), 842 (m) or (n) (relating to plastic explosives), 844(e) (relating to certain bombings), 844 (f) or (i) (relating to arson and bombing of certain property), 956 (relating to conspiracy to injure property of a foreign government), 1114 (relating to protection of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to injury of Government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366 (relating to destruction of an energy facility), 1751 (relating to Presidential and Presidential staff assassination, kidnapping, and assault), 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities),[[Page 110 STAT. 1294]] 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture); ``(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or ``(iii) section 46502 (relating to aircraft piracy) or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item relating to section 2332a the following new item:``2332b. Acts of terrorism transcending national boundaries.''. (c) Statute of Limitations Amendment.--Section 3286 of title 18, United States Code, is amended-- (1) by striking ``any offense'' and inserting ``any non- capital offense''; (2) by striking ``36'' and inserting ``37''; (3) by striking ``2331'' and inserting ``2332''; (4) by striking ``2339'' and inserting ``2332a''; and (5) by inserting ``2332b (acts of terrorism transcending national boundaries),'' after ``(use of weapons of mass destruction),''. (d) Presumptive Detention.--Section 3142(e) of title 18, United States Code, is amended by inserting ``, 956(a), or 2332b'' after ``section 924(c)''.SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION. Section 1363 of title 18, United States Code, is amended by striking ``any building,'' and all that follows through ``shipping'' and inserting ``any structure, conveyance, or other real or personal property''.SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS. (a) In General.--Section 956 of chapter 45 of title 18, United States Code, is amended to read as follows:``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country ``(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall,[[Page 110 STAT. 1295]]if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). ``(2) The punishment for an offense under subsection (a)(1) of this section is-- ``(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and ``(B) imprisonment for not more than 35 years if the offense is conspiracy to maim. ``(b) Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years.''. (b) Clerical Amendment.--The item relating to section 956 in the table of sections at the beginning of chapter 45 of title 18, United States Code, is amended to read as follows:``956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country.''.SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES. (a) In General.--Title 18, United States Code, is amended-- (1) in section 114, by striking ``maim or disfigure'' and inserting ``torture (as defined in section 2340), maim, or disfigure''; (2) in section 755, by striking ``two years'' and inserting ``5 years''; (3) in section 756, by striking ``one year'' and inserting ``five years''; (4) in section 878(a), by striking ``by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person''; (5) in section 1113, by striking ``three years'' and inserting ``seven years''; and (6) in section 2332(c), by striking ``five'' and inserting ``ten''. (b) Penalty for Carrying Weapons or Explosives on an Aircraft.--Section 46505 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``one year'' and inserting ``10 years''; and (2) in subsection (c), by striking ``5'' and inserting ``15''.SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed[[Page 110 STAT. 1296]]under subsection (h) for a first conviction for the use or carrying of an explosive material.''.SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED. Section 842(h) of title 18, United States Code, is amended to read as follows: ``(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.''.SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. (a) In General.--Section 844 of title 18, United States Code, is amended-- (1) in subsection (e), by striking ``five'' and inserting ``10''; (2) by amending subsection (f) to read as follows: ``(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both. ``(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both. ``(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.''; (3) in subsection (h)-- (A) in the first sentence, by striking ``5 years but not more than 15 years'' and inserting ``10 years''; and (B) in the second sentence, by striking ``10 years but not more than 25 years'' and inserting ``20 years''; and (4) in subsection (i)-- (A) by striking ``not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,'' and inserting ``not less than 5 years and not more than 20 years, fined under this title''; and (B) by striking ``not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,'' and inserting ``not less than 7 years and not more than 40 years, fined under this title''. (b) Conforming Amendment.--Section 81 of title 18, United States Code, is amended by striking ``fined under this title or[[Page 110 STAT. 1297]]imprisoned not more than five years, or both'' and inserting ``imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both''. (c) Statute of Limitation for Arson Offenses.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following new section:``Sec. 3295. Arson offenses ``No person shall be prosecuted, tried, or punished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item:``3295. Arson offenses.''. (3) Conforming amendment.--Section 844(i) of title 18, United States Code, is amended by striking the last sentence.SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS. (a) Study.--The Attorney General, in consultation with such other officials and individuals as the Attorney General considers appropriate, shall conduct a study concerning-- (1) the extent to which there is available to the public material in any medium (including print, electronic, or film) that provides instruction on how to make bombs, destructive devices, or weapons of mass destruction; (2) the extent to which information gained from such material has been used in incidents of domestic or international terrorism; (3) the likelihood that such information may be used in future incidents of terrorism; (4) the application of Federal laws in effect on the date of enactment of this Act to such material; (5) the need and utility, if any, for additional laws relating to such material; and (6) an assessment of the extent to which the first amendment protects such material and its private and commercial distribution. (b) Report.-- (1) Requirement.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that contains the results of the study required by this section. (2) Availability.--The Attorney General shall make the report submitted under this subsection available to the public.[[Page 110 STAT. 1298]] Subtitle B--Criminal ProceduresSEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER CERTAIN TERRORISM OFFENSES OVERSEAS. (a) Aircraft Piracy.--Section 46502(b) of title 49, United States Code, is amended-- (1) in paragraph (1), by striking ``and later found in the United States''; (2) so that paragraph (2) reads as follows: ``(2) There is jurisdiction over the offense in paragraph (1) if-- ``(A) a national of the United States was aboard the aircraft; ``(B) an offender is a national of the United States; or ``(C) an offender is afterwards found in the United States.''; and (3) by inserting after paragraph (2) the following: ``(3) For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) of title 18, United States Code, is amended-- (1) by striking ``, if the offender is later found in the United States,''; and (2) by inserting at the end the following: ``There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act.''. (c) Murder of Foreign Officials and Certain Other Persons.--Section 1116 of title 18, United States Code, is amended-- (1) in subsection (b), by adding at the end the following: ``(7) `National of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''; and (2) in subsection (c), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''. (d) Protection of Foreign Officials and Certain Other Persons.--Section 112 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting `` `national of the United States','' before ``and''; and (2) in subsection (e), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is[[Page 110 STAT. 1299]] a national of the United States, or (3) an offender is afterwards found in the United States.''. (e) Threats and Extortion Against Foreign Officials and Certain Other Persons.--Section 878 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting `` `national of the United States','' before ``and''; and (2) in subsection (d), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''. (f) Kidnapping of Internationally Protected Persons.--Section 1201(e) of title 18, United States Code, is amended-- (1) by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''; and (2) by adding at the end the following: ``For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (g) Violence at International Airports.--Section 37(b)(2) of title 18, United States Code, is amended-- (1) by inserting ``(A)'' before ``the offender is later found in the United States''; and (2) by inserting ``; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'' after ``the offender is later found in the United States''. (h) Biological Weapons.--Section 178 of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding the following at the end: ``(5) the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION. Section 2280(b)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``and the activity is not prohibited as a crime by the State in which the activity takes place''; and (2) in clause (iii), by striking ``the activity takes place on a ship flying the flag of a foreign country or outside the United States,''.[[Page 110 STAT. 1300]]SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM OFFENSES. (a) Title 18 Offenses.-- (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting ``or conspires'' after ``attempts''. (2) Section 115(b)(2) of title 18, United States Code, is amended by striking ``or attempted kidnapping'' both places it appears and inserting ``, attempted kidnapping, or conspiracy to kidnap''. (3)(A) Section 115(b)(3) of title 18, United States Code, is amended by striking ``or attempted murder'' and inserting ``, attempted murder, or conspiracy to murder''. (B) Section 115(b)(3) of title 18, United States Code, is amended by striking ``and 1113'' and inserting ``, 1113, and 1117''. (b) Aircraft Piracy.-- (1) Section 46502(a)(2) of title 49, United States Code, is amended by inserting ``or conspiring'' after ``attempting''. (2) Section 46502(b)(1) of title 49, United States Code, is amended by inserting ``or conspiring to commit'' after ``committing''.SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS. Section 844(e) of title 18, United States Code, is amended by striking ``commerce,'' and inserting ``interstate or foreign commerce, or in or affecting interstate or foreign commerce,''.SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION STATUTE. Section 2332a of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in the subsection heading, by inserting ``Against a National of the United States or Within the United States'' after ``Offense''; (B) by striking ``uses, or attempts'' and inserting ``, without lawful authority, uses, threatens, or attempts''; and (C) in paragraph (2), by inserting ``, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce'' before the semicolon at the end; (2) in subsection (b), by striking subparagraph (B) and inserting the following: ``(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;''; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following new subsection: ``(b) Offense by National of the United States Outside of the United States.--Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires[[Page 110 STAT. 1301]]to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.''.SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING STATUTE. Section 1956(c)(7) of title 18, United States Code, is amended-- (1) in subparagraph (B), by amending clause (ii) to read as follows: ``(ii) murder, kidnapping, robbery, extortion, or destruction of property by means of explosive or fire;''; and (2) in subparagraph (D)-- (A) by inserting after ``an offense under'' the following: ``section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member),''; (B) by inserting after ``section 215 (relating to commissions or gifts for procuring loans),'' the following: ``section 351 (relating to congressional or Cabinet officer assassination),''; (C) by inserting after ``section 798 (relating to espionage),'' the following: ``section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),''; (D) by inserting after ``section 875 (relating to interstate communications),'' the following: ``section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),''; (E) by inserting after ``section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),'' the following: ``section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons),''; (F) by inserting after ``section 1203 (relating to hostage taking),'' the following: ``section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),''; (G) by inserting after ``section 1708 (relating to theft from the mail),'' the following: ``section 1751 (relating to Presidential assassination),''; (H) by inserting after ``2114 (relating to bank and postal robbery and theft),'' the following: ``section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),''; (I) by striking ``or section 2320'' and inserting ``section 2320''; and (J) by striking ``of this title'' and inserting the following: ``, section 2332 (relating to terrorist acts abroad against[[Page 110 STAT. 1302]] United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), or section 2339A (relating to providing material support to terrorists) of this title, section 46502 of title 49, United States Code,''.SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED STATES. (a) Homicide.--Section 1114 of title 18, United States Code, is amended to read as follows:``Sec. 1114. Protection of officers and employees of the United States ``Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished-- ``(1) in the case of murder, as provided under section 1111; ``(2) in the case of manslaughter, as provided under section 1112; or ``(3) in the case of attempted murder or manslaughter, as provided in section 1113.''. (b) Threats Against Former Officers and Employees.-- (1) In General.--Section 115(a)(2) of title 18, United States Code, is amended by inserting ``, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or'' after ``assaults, kidnaps, or murders, or attempts to kidnap or murder''. (2) Limitation.--Section 115 of title 18, United States Code, is amended by adding at the end the following: ``(d) This section shall not interfere with the investigative authority of the United States Secret Service, as provided under sections 3056, 871, and 879 of this title.''. (c) Amendment To Clarify the Meaning of the Term Deadly or Dangerous Weapon in the Prohibition on Assault on Federal Officers or Employees.--Section 111(b) of title 18, United States Code, is amended by inserting ``(including a weapon intended to cause death or danger but that fails to do so by reason of a defective component)'' after ``deadly or dangerous weapon''.SEC. 728. DEATH PENALTY AGGRAVATING FACTOR. Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (15) the following new paragraph: ``(16) Multiple killings or attempted killings.--The defendant intentionally killed or attempted to kill more than one person in a single criminal episode.''.SEC. 729. DETENTION HEARING. Section 3142(f) of title 18, United States Code, is amended by inserting ``(not including any intermediate Saturday, Sunday, or legal holiday)'' after ``five days'' and after ``three days''.[[Page 110 STAT. 1303]]SEC. 730. DIRECTIONS TO SENTENCING COMMISSION. The United States Sentencing Commission shall forthwith, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired, amend the sentencing guidelines so that the chapter 3 adjustment relating to international terrorism only applies to Federal crimes of terrorism, as defined in section 2332b(g) of title 18, United States Code.SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS. Section 2510 of title 18, United States Code, is amended-- (1) in paragraph (12)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by adding ``or'' at the end of subparagraph (C); and (C) by adding at the end the following new subparagraph: ``(D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;''; and (2) in paragraph (16)-- (A) by adding ``or'' at the end of subparagraph (D); (B) by striking ``or'' at the end of subparagraph (E); and (C) by striking subparagraph (F).SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS. (a) Study.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of the Treasury (referred to in this section as the ``Secretary'') shall conduct a study of-- (A) the tagging of explosive materials for purposes of detection and identification; (B) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials inert; (C) the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture explosive materials; and (D) State licensing requirements for the purchase and use of commercial high explosives, including-- (i) detonators; (ii) detonating cords; (iii) dynamite; (iv) water gel; (v) emulsion; (vi) blasting agents; and (vii) boosters. (2) Exclusion.--No study conducted under this subsection or regulation proposed under subsection (e) shall include black or smokeless powder among the explosive materials considered. (b) Consultation.-- (1) In general.--In conducting the study under subsection (a), the Secretary shall consult with--[[Page 110 STAT. 1304]] (A) Federal, State, and local officials with expertise in the area of chemicals used to manufacture explosive materials; and (B) such other individuals as the Secretary determines are necessary. (2) Fertilizer research centers.--In conducting any portion of the study under subsection (a) relating to the regulation and use of fertilizer as a pre-explosive material, the Secretary of the Treasury shall consult with and receive input from non- profit fertilizer research centers. (c) Report.--Not later than 30 days after the completion of the study conducted under subsection (a), the Secretary shall submit a report to the Congress, which shall be made public, that contains-- (1) the results of the study; (2) any recommendations for legislation; and (3) any opinions and findings of the fertilizer research centers. (d) Hearings.--Congress shall have not less than 90 days after the submission of the report under subsection (c) to-- (1) review the results of the study; and (2) hold hearings and receive testimony regarding the recommendations of the Secretary. (e) Regulations.-- (1) In general.-- Not later than 6 months after the submission of the report required by subsection (c), the Secretary may submit to Congress and publish in the Federal Register draft regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States, of such character and in such quantity as the Secretary may authorize or require, if the results of the study conducted under subsection (a) indicate that the tracer elements-- (A) will not pose a risk to human life or safety; (B) will substantially assist law enforcement officers in their investigative efforts; (C) will not substantially impair the quality of the explosive materials for their intended lawful use; (D) will not have a substantially adverse effect on the environment; and (E) the costs associated with the addition of the tracers will not outweigh benefits of their inclusion. (2) Effective date.--The regulations under paragraph (1) shall take effect 270 days after the Secretary submits proposed regulations to Congress pursuant to paragraph (1), except to the extent that the effective date is revised or the regulation is otherwise modified or disapproved by an Act of Congress. TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT Subtitle A--Resources and SecuritySEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES. The Attorney General and the Secretary of the Treasury are authorized to support law enforcement training activities in foreign[[Page 110 STAT. 1305]]countries, in consultation with the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses.SEC. 802. SENSE OF CONGRESS. It is the sense of the Congress that, whenever practicable, each recipient of any sum authorized to be appropriated by this Act, should use the money to purchase American-made products.SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF COLUMBIA. The Attorney General and the Secretary of the Treasury may prohibit-- (1) any vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia used by law enforcement authorities subject to their jurisdiction, that is in whole or in part owned, possessed, or leased to the Federal Government; and (2) any person or entity from conducting business on any property immediately adjacent to any building described in paragraph (1).SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE. Section 2703 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(f) Requirement To Preserve Evidence.-- ``(1) In general.--A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. ``(2) Period of retention.--Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.''.SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL INTEREST COMPUTER. (a) Review.--Not later than 60 calendar days after the date of enactment of this Act, the United States Sentencing Commission shall review the deterrent effect of existing guideline levels as they apply to paragraphs (4) and (5) of section 1030(a) of title 18, United States Code. (b) Report.--The United States Sentencing Commission shall prepare and transmit a report to the Congress on the findings under the study conducted under subsection (a). (c) Amendment of Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the sentencing guidelines to ensure any individual convicted of a violation of paragraph (4) or (5) of section 1030(a) of title 18, United States Code, is imprisoned for not less than 6 months.SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT. (a) Establishment.--There is established a commission to be known as the ``Commission on the Advancement of Federal Law[[Page 110 STAT. 1306]]Enforcement'' (hereinafter in this section referred to as the ``Commission''). (b) Duties.--The Commission shall review, ascertain, evaluate, report, and recommend action to the Congress on the following matters: (1) The Federal law enforcement priorities for the 21st century, including Federal law enforcement capability to investigate and deter adequately the threat of terrorism facing the United States. (2) In general, the manner in which significant Federal criminal law enforcement operations are conceived, planned, coordinated, and executed. (3) The standards and procedures used by Federal law enforcement to carry out significant Federal criminal law enforcement operations, and their uniformity and compatibility on an interagency basis, including standards related to the use of deadly force. (4) The investigation and handling of specific Federal criminal law enforcement cases by the United States Government and the Federal law enforcement agencies therewith, selected at the Commission's discretion. (5) The necessity for the present number of Federal law enforcement agencies and units. (6) The location and efficacy of the office or entity directly responsible, aside from the President of the United States, for the coordination on an interagency basis of the operations, programs, and activities of all of the Federal law enforcement agencies. (7) The degree of assistance, training, education, and other human resource management assets devoted to increasing professionalism for Federal law enforcement officers. (8) The independent accountability mechanisms that exist, if any, and their efficacy to investigate, address, and to correct Federal law enforcement abuses. (9) The degree of coordination among law enforcement agencies in the area of international crime and the extent to which deployment of resources overseas diminishes domestic law enforcement. (10) The extent to which Federal law enforcement agencies coordinate with State and local law enforcement agencies on Federal criminal enforcement operations and programs that directly affect a State or local law enforcement agency's geographical jurisdiction. (11) Such other related matters as the Commission deems appropriate. (c) Membership and Administrative Provisions.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President pro tempore of the Senate. (B) 1 member appointed by the minority leader of the Senate. (C) 1 member appointed by the Speaker of the House of Representatives. (D) 1 member appointed by the minority leader of the House of Representatives.[[Page 110 STAT. 1307]] (E) 1 member (who shall chair the Commission) appointed by the Chief Justice of the Supreme Court. (2) Disqualification.--A person who is an officer or employee of the United States shall not be appointed a member of the Commission. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Quorum.--3 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (5) Meetings.--The Commission shall meet at the call of the Chair of the Commission. (6) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Commission. (d) Staffing and Support Functions.-- (1) Director.--The Commission shall have a director who shall be appointed by the Chair of the Commission. (2) Staff.--Subject to rules prescribed by the Commission, the Director may appoint additional personnel as the Commission considers appropriate. (3) Applicability of certain civil service laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. The Commission may establish rules for its proceedings. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission, unless doing so would threaten the national security, the health or safety of any individual, or the integrity of an ongoing investigation. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this title.[[Page 110 STAT. 1308]] (f) Report.--The Commission shall transmit a report to the Congress and the public not later than 2 years after a quorum of the Commission has been appointed. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with the Commission's recommendations for such actions as the Commission considers appropriate. (g) Termination.--The Commission shall terminate 30 days after submitting the report required by this section.SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY. (a) In General.--The Secretary of the Treasury (hereafter in this section referred to as the ``Secretary''), in consultation with the advanced counterfeit deterrence steering committee, shall-- (1) study the use and holding of United States currency in foreign countries; and (2) develop useful estimates of the amount of counterfeit United States currency that circulates outside the United States each year. (b) Evaluation Audit Plan.-- (1) In general.--The Secretary shall develop an effective international evaluation audit plan that is designed to enable the Secretary to carry out the duties described in subsection (a) on a regular and thorough basis. (2) Submission of detailed written summary.--The Secretary shall submit a detailed written summary of the evaluation audit plan developed pursuant to paragraph (1) to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act. (3) First evaluation audit under plan.--The Secretary shall begin the first evaluation audit pursuant to the evaluation audit plan no later than the end of the 1-year period beginning on the date of the enactment of this Act. (4) Subsequent evaluation audits.--At least 1 evaluation audit shall be performed pursuant to the evaluation audit plan during each 3-year period beginning after the date of the commencement of the evaluation audit referred to in paragraph (3). (c) Reports.-- (1) In general.--The Secretary shall submit a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of each evaluation audit conducted pursuant to subsection (b) within 90 days after the completion of the evaluation audit. (2) Contents.--In addition to such other information as the Secretary may determine to be appropriate, each report submitted to the Congress pursuant to paragraph (1) shall include the following information: (A) A detailed description of the evaluation audit process and the methods used to develop estimates of the amount of counterfeit United States currency in circulation outside the United States. (B) The method used to determine the currency sample examined in connection with the evaluation audit and a statistical analysis of the sample examined.[[Page 110 STAT. 1309]] (C) A list of the regions of the world, types of financial institutions, and other entities included. (D) An estimate of the total amount of United States currency found in each region of the world. (E) The total amount of counterfeit United States currency and the total quantity of each counterfeit denomination found in each region of the world. (3) Classification of information.-- (A) In general.--To the greatest extent possible, each report submitted to the Congress under this subsection shall be submitted in an unclassified form. (B) Classified and unclassified forms.--If, in the interest of submitting a complete report under this subsection, the Secretary determines that it is necessary to include classified information in the report, the report shall be submitted in a classified and an unclassified form. (d) Sunset Provision.--This section shall cease to be effective as of the end of the 10-year period beginning on the date of the enactment of this Act. (e) Rule of Construction.--No provision of this section shall be construed as authorizing any entity to conduct investigations of counterfeit United States currency. (f) Findings.--The Congress hereby finds the following: (1) United States currency is being counterfeited outside the United States. (2) The One Hundred Third Congress enacted, with the approval of the President on September 13, 1994, section 470 of title 18, United States Code, making such activity a crime under the laws of the United States. (3) The expeditious posting of agents of the United States Secret Service to overseas posts, which is necessary for the effective enforcement of section 470 and related criminal provisions, has been delayed. (4) While section 470 of title 18, United States Code, provides for a maximum term of imprisonment of 20 years as opposed to a maximum term of 15 years for domestic counterfeiting, the United States Sentencing Commission has failed to provide, in its sentencing guidelines, for an appropriate enhancement of punishment for defendants convicted of counterfeiting United States currency outside the United States. (g) Timely Consideration of Requests for Concurrence in Creation of Overseas Posts.-- (1) In general.--The Secretary of State shall-- (A) consider in a timely manner the request by the Secretary of the Treasury for the placement of such number of agents of the United States Secret Service as the Secretary of the Treasury considers appropriate in posts in overseas embassies; and (B) reach an agreement with the Secretary of the Treasury on such posts as soon as possible and, in any event, not later than December 31, 1996. (2) Cooperation of treasury required.--The Secretary of the Treasury shall promptly provide any information requested by the Secretary of State in connection with such requests.[[Page 110 STAT. 1310]] (3) Reports required.--The Secretary of the Treasury and the Secretary of State shall each submit, by February 1, 1997, a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate explaining the reasons for the rejection, if any, of any proposed post and the reasons for the failure, if any, to fill any approved post by such date. (h) Enhanced Penalties for International Counterfeiting of United States Currency.--Pursuant to the authority of the United States Sentencing Commission under section 994 of title 28, United States Code, the Commission shall amend the sentencing guidelines prescribed by the Commission to provide an appropriate enhancement of the punishment for a defendant convicted under section 470 of title 18 of such Code.SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES. (a) Findings.--The Congress finds that-- (1) threats of violence and acts of violence against Federal, State, and local government employees and their families are increasing as the result of attempts to stop public servants from performing their lawful duties; (2) these acts are a danger to the constitutional form of government of the United States; and (3) more information is needed relating to the extent and nature of the danger to these employees and their families so that actions can be taken to protect public servants at all levels of government in the performance of their duties. (b) Statistics.--The Attorney General shall collect data, for the calendar year 1990 and each succeeding calendar year thereafter, relating to crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties. Such data shall include-- (1) in the case of crimes against such employees and their families, the nature of the crime; and (2) in the case of incidents of threats of violence and acts of violence, including verbal and implicit threats against such employees and their families, the deterrent effect on the performance of their jobs. (c) Guidelines.--The Attorney General shall establish guidelines for the collection of the data under subsection (b), including a definition of the sufficiency of evidence of noncriminal incidents required to be reported. (d) Use of Data.-- (1) Annual publishing.--The Attorney General shall publish an annual summary of the data collected under this section. (2) Use of data.--Except with respect to the summary published under paragraph (1), data collected under this section shall be used only for research and statistical purposes. (e) Exemption.--The Attorney General, the Secretary of State, and the United States Secret Service is not required to participate in any statistical reporting activity under this section with respect to any direct or indirect threat made against any individual for whom that official or Service is authorized to provide protection.[[Page 110 STAT. 1311]]SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF FIREARMS AND AMMUNITION. (a) The Secretary of the Treasury, in conjunction with the Attorney General, shall conduct a study and make recommendations concerning-- (1) the extent and nature of the deaths and serious injuries, in the line of duty during the last decade, for law enforcement officers, including-- (A) those officers who were feloniously killed or seriously injured and those that died or were seriously injured as a result of accidents or other non-felonious causes; (B) those officers feloniously killed or seriously injured with firearms, those killed or seriously injured with, separately, handguns firing handgun caliber ammunition, handguns firing rifle caliber ammunition, rifles firing rifle caliber ammunition, rifles firing handgun caliber ammunition and shotguns; (C) those officers feloniously killed or seriously injured with firearms, and killings or serious injuries committed with firearms taken by officers' assailants from officers, and those committed with other officers' firearms; and (D) those killed or seriously injured because shots attributable to projectiles defined as ``armor piercing ammunition'' under section 921(a)(17)(B) (i) and (ii) of title 18, United States Code, pierced the protective material of bullet resistant vests and bullet resistant headgear; (2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and (3) the calibers of ammunition that are-- (A) sold in the greatest quantities; (B) their common uses, according to consultations with industry, sporting organizations and law enforcement; (C) the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non-law enforcement sales of such ammunition, if such ammunition is capable of penetrating minimum level bullet resistant vests; and (D) recommendations for increase in body armor capabilities to further protect law enforcement from threat. (b) In conducting the study, the Secretary shall consult with other Federal, State and local officials, non-governmental organizations, including all national police organizations, national sporting organizations and national industry associations with expertise in this area and such other individuals as shall be deemed necessary. Such study shall be presented to Congress twelve months after the enactment of this Act and made available to the public, including any data tapes or data used to form such recommendations. (c) There are authorized to be appropriated for the study and recommendations such sums as may be necessary.SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE. (a) Study.--The Attorney General and the Director of the Federal Bureau of Investigation shall study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices.[[Page 110 STAT. 1312]] (b) Report.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Congress that includes-- (1) the findings of the study conducted pursuant to subsection (a); (2) recommendations for the use of electronic devices in conducting surveillance of terrorist or other criminal organizations, and for any modifications in the law necessary to enable the Federal Government to fulfill its law enforcement responsibilities within appropriate constitutional parameters; (3) a summary of instances in which Federal law enforcement authorities may have abused electronic surveillance powers and recommendations, if needed, for constitutional safeguards relating to the use of such powers; and (4) a summary of efforts to use current wiretap authority, including detailed examples of situations in which expanded authority would have enabled law enforcement authorities to fulfill their responsibilities. Subtitle B--Funding Authorizations for Law EnforcementSEC. 811. FEDERAL BUREAU OF INVESTIGATION. (a) In General.--With funds made available pursuant to subsection (c)-- (1) the Attorney General shall-- (A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation; (B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism; (C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy; (D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center; (E) make grants to States to carry out the activities described in subsection (b); and (F) increase personnel to support counterterrorism activities; and (2) the Director of the Federal Bureau of Investigation may expand the combined DNA Identification System (CODIS) to include Federal crimes and crimes committed in the District of Columbia. (b) State Grants.-- (1) Authorization.--The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, may make grants to each State eligible under paragraph (2) to be used by the chief executive officer of the State, in conjunction with units of local government, other States, or any combination thereof, to carry out all or part of a program to establish, develop, update, or upgrade--[[Page 110 STAT. 1313]] (A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation; (B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and (C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation. (2) Eligibility.--To be eligible to receive a grant under this subsection, a State shall require that each person convicted of a felony of a sexual nature shall provide to appropriate State law enforcement officials, as designated by the chief executive officer of the State, a sample of blood, saliva, or other specimen necessary to conduct a DNA analysis consistent with the standards established for DNA testing by the Director of the Federal Bureau of Investigation. (3) Interstate compacts.--A State may enter into a compact or compacts with another State or States to carry out this subsection. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for the activities of the Federal Bureau of Investigation, to help meet the increased demands for activities to combat terrorism-- (A) $114,000,000 for fiscal year 1997; (B) $166,000,000 for fiscal year 1998; (C) $96,000,000 for fiscal year 1999; and (D) $92,000,000 for fiscal year 2000. (2) Availability of funds.--Funds made available pursuant to paragraph (1), in any fiscal year, shall remain available until expended. (3) Allocation.-- (A) In general.--Of the total amount appropriated to carry out subsection (b) in a fiscal year-- (i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and (ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States. (B) Definition.--For purposes of this paragraph, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, except that for purposes of the allocation under this subparagraph, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one State and that for these purposes, 67 percent of the amounts allocated[[Page 110 STAT. 1314]] shall be allocated to American Samoa, and 33 percent to the Commonwealth of the Northern Mariana Islands.SEC. 812. UNITED STATES CUSTOMS SERVICE. (a) In General.--There are authorized to be appropriated for the activities of the United States Customs Service, to help meet the increased needs of the United States Customs Service-- (1) $8,000,000 for fiscal year 1997; (2) $8,000,000 for fiscal year 1998; (3) $8,000,000 for fiscal year 1999; and (4) $7,000,000 for fiscal year 2000. (b) Availability of Funds.--Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE. (a) In General.--There are authorized to be appropriated for the activities of the Immigration and Naturalization Service, to help meet the increased needs of the Immigration and Naturalization Service, including the detention and removal of alien terrorists, $5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. (b) Availability of Funds.--Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.SEC. 814. DRUG ENFORCEMENT ADMINISTRATION. (a) Activities of Drug Enforcement Administration.--The Attorney General shall use funds made available pursuant to subsection (b) to-- (1) fund antiviolence crime initiatives; (2) fund initiatives to address major violators of Federal antidrug statutes; and (3) enhance or replace infrastructure of the Drug Enforcement Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Drug Enforcement Administration, to help meet the increased needs of the Drug Enforcement Administration-- (1) $35,000,000 for fiscal year 1997; (2) $40,000,000 for fiscal year 1998; (3) $45,000,000 for fiscal year 1999; and (4) $52,000,000 for fiscal year 2000. (c) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.SEC. 815. DEPARTMENT OF JUSTICE. (a) In General.--The Attorney General shall use funds made available pursuant to subsection (b) to-- (1) hire additional Assistant United States Attorneys and attorneys within the Criminal Division of the Department of Justice; and (2) provide for increased security at courthouses and other facilities in which Federal workers are employed. (b) Authorization of Additional Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998;[[Page 110 STAT. 1315]] (3) $10,000,000 for fiscal year 1999; and (4) $11,000,000 for fiscal year 2000. (c) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended. (d) Exemption Authority.--Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 (Public Law 102-395), shall remain in effect until specifically repealed, subject to any limitation on appropriations contained in any Department of Justice Appropriation Authorization Act. (e) General Reward Authority of the Attorney General.-- (1) In general.--Chapter 203 of title 18, United States Code, is amended by adding immediately after section 3059A the following section:``Sec. 3059B. General reward authority ``(a) Notwithstanding any other provision of law, the Attorney General may pay rewards and receive from any department or agency funds for the payment of rewards under this section to any individual who assists the Department of Justice in performing its functions. ``(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall give notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives. ``(c) A determination made by the Attorney General to authorize an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial review.''.SEC. 816. DEPARTMENT OF THE TREASURY. (a) In General.--There are authorized to be appropriated for Department of Treasury law enforcement agencies engaged in counterterrorism efforts to augment those efforts-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998; (3) $10,000,000 for fiscal year 1999; and (4) $10,000,000 for fiscal year 2000. (b) United States Secret Service.--There are authorized to be appropriated for the activities of the United States Secret Service, to augment White House security and expand Presidential protection activities-- (1) $11,000,000 for fiscal year 1997; (2) $11,000,000 for fiscal year 1998; (3) $13,000,000 for fiscal year 1999; and (4) $15,000,000 for fiscal year 2000.SEC. 817. UNITED STATES PARK POLICE. (a) In General.--There are authorized to be appropriated for the activities of the United States Park Police, to help meet the increased needs of the United States Park Police, $500,000 for each of the fiscal years 1997, 1998, 1999, and 2000. (b) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.[[Page 110 STAT. 1316]]SEC. 818. THE JUDICIARY. (a) In General.--There are authorized to be appropriated to the Federal judiciary, to help meet the increased demands for judicial branch activities, including supervised release, and pretrial and probation services, resulting from the enactment of this Act-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998; (3) $10,000,000 for fiscal year 1999; and (4) $11,000,000 for fiscal year 2000. (b) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING. (a) Grant Authorization.--The Attorney General, in consultation with the Director of the Federal Emergency Management Agency, may make grants to provide specialized training and equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. (b) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 1997, $5,000,000 to carry out this section.SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE DETECTION DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY. There are authorized to be appropriated to the National Institute of Justice Office of Science and Technology not more than $10,000,000 for each of the fiscal years 1997 and 1998 to provide assistance to foreign countries facing an imminent danger of terrorist attack that threatens the national interest of the United States, or puts United States nationals at risk, in-- (1) obtaining explosive detection devices and other counterterrorism technology; (2) conducting research and development projects on such technology; and (3) testing and evaluating counterterrorism technologies in those countries.SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM TECHNOLOGIES. There are authorized to be appropriated to the National Institute of Justice Office of Science and Technology not more than $10,000,000 for fiscal year 1997, to-- (1) develop technologies that can be used to combat terrorism, including technologies in the areas of-- (A) detection of weapons, explosives, chemicals, and persons; (B) tracking; (C) surveillance; (D) vulnerability assessment; and (E) information technologies; (2) develop standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (3) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism.[[Page 110 STAT. 1317]]SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND EQUIPMENT. (a) Amendment of Byrne Grant Program.--Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities.''. (b) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for each of fiscal years 1997 through 2000 for grants under section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) to be used for the development and implementation of antiterrorism training programs and to procure equipment for use by local law enforcement authorities.SEC. 823. FUNDING SOURCE. Appropriations for activities authorized in this subtitle may be made from the Violent Crime Reduction Trust Fund. TITLE IX--MISCELLANEOUSSEC. 901. EXPANSION OF TERRITORIAL SEA. (a) Territorial Sea Extending to Twelve Miles Included in Special Maritime and Territorial Jurisdiction.--The Congress declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988, for purposes of Federal criminal jurisdiction is part of the United States, subject to its sovereignty, and is within the special maritime and territorial jurisdiction of the United States for the purposes of title 18, United States Code. (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``title,'' the following: ``or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district''; and (2) by adding at the end the following new subsection: ``(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.''.SEC. 902. PROOF OF CITIZENSHIP. Notwithstanding any other provision of law, a Federal, State, or local government agency may not use a voter registration card (or other related document) that evidences registration for an elec[[Page 110 STAT. 1318]]tion for Federal office, as evidence to prove United States citizenship.SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES. (a) In General.--Section 3006A of title 18, United States Code, is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Disclosure of fees.--The amounts paid under this subsection, for representation in any case, shall be made available to the public.''; and (2) in subsection (e) by adding at the end the following: ``(4) Disclosure of fees.--The amounts paid under this subsection for services in any case shall be made available to the public.''. (b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as follows: ``(10)(A) Compensation shall be paid to attorneys appointed under this subsection at a rate of not more than $125 per hour for in-court and out-of-court time. Not less than 3 years after the date of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, the Judicial Conference is authorized to raise the maximum for hourly payment specified in the paragraph up to the aggregate of the overall average percentages of the adjustments in the rates of pay for the General Schedule made pursuant to section 5305 of title 5 on or after such date. After the rates are raised under the preceding sentence, such hourly range may be raised at intervals of not less than one year, up to the aggregate of the overall average percentages of such adjustments made since the last raise under this paragraph. ``(B) Fees and expenses paid for investigative, expert, and other reasonably necessary services authorized under paragraph (9) shall not exceed $7,500 in any case, unless payment in excess of that limit is certified by the court, or by the United States magistrate judge, if the services were rendered in connection with the case disposed of entirely before such magistrate judge, as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the chief judge of the circuit. The chief judge of the circuit may delegate such approval authority to an active circuit judge. ``(C) The amounts paid under this paragraph for services in any case shall be disclosed to the public, after the disposition of the petition.''. (c) Effective Date.--The amendments made by this section apply to-- (1) cases commenced on or after the date of the enactment of this Act; and (2) appellate proceedings, in which an appeal is perfected, on or after the date of the enactment of this Act.[[Page 110 STAT. 1319]]SEC. 904. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Approved April 24, 1996.LEGISLATIVE HISTORY--S. 735 (H.R. 1710) (H.R. 2703):---------------------------------------------------------------------------HOUSE REPORTS: Nos. 104-383 accompanying H.R. 1710 (Comm. on the Judiciary) and 104-518 (Comm. of Conference).CONGRESSIONAL RECORD: Vol. 141 (1995): May 25, 26, June 5-7, considered and passed Senate. Vol. 142 (1996): Mar. 13, 14, H.R. 2703 considered and passed House; S. 735, amended, passed in lieu. Apr. 16, 17, Senate considered and agreed to conference report. Apr. 18, House agreed to conference report.WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): Apr. 24, Presidential remarks and statement. [104th Congress Public Law 132][From the U.S. Government Printing Office][DOCID: f:publ132.104][[Page 1213]] ANTITERRORISM AND EFFECTIVE DEATH PENALTY ACT OF 1996[[Page 110 STAT. 1214]]Public Law 104-132104th Congress An Act To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Antiterrorism and Effective Death Penalty Act of 1996''.SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows:Sec. 1. Short title.Sec. 2. Table of contents. TITLE I--HABEAS CORPUS REFORMSec. 101. Filing deadlines.Sec. 102. Appeal.Sec. 103. Amendment of Federal Rules of Appellate Procedure.Sec. 104. Section 2254 amendments.Sec. 105. Section 2255 amendments.Sec. 106. Limits on second or successive applications.Sec. 107. Death penalty litigation procedures.Sec. 108. Technical amendment. TITLE II--JUSTICE FOR VICTIMS Subtitle A--Mandatory Victim RestitutionSec. 201. Short title.Sec. 202. Order of restitution.Sec. 203. Conditions of probation.Sec. 204. Mandatory restitution.Sec. 205. Order of restitution to victims of other crimes.Sec. 206. Procedure for issuance of restitution order.Sec. 207. Procedure for enforcement of fine or restitution order.Sec. 208. Instruction to Sentencing Commission.Sec. 209. Justice Department regulations.Sec. 210. Special assessments on convicted persons.Sec. 211. Effective date. Subtitle B--Jurisdiction for Lawsuits Against Terrorist StatesSec. 221. Jurisdiction for lawsuits against terrorist states. Subtitle C--Assistance to Victims of TerrorismSec. 231. Short title.Sec. 232. Victims of Terrorism Act.Sec. 233. Compensation of victims of terrorism.Sec. 234. Crime victims fund.Sec. 235. Closed circuit televised court proceedings for victims of crime.Sec. 236. Technical correction. TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS Subtitle A--Prohibition on International Terrorist FundraisingSec. 301. Findings and purpose.[[Page 110 STAT. 1215]]Sec. 302. Designation of foreign terrorist organizations.Sec. 303. Prohibition on terrorist fundraising. Subtitle B--Prohibition on Assistance to Terrorist StatesSec. 321. Financial transactions with terrorists.Sec. 322. Foreign air travel safety.Sec. 323. Modification of material support provision.Sec. 324. Findings.Sec. 325. Prohibition on assistance to countries that aid terrorist states.Sec. 326. Prohibition on assistance to countries that provide military equipment to terrorist states.Sec. 327. Opposition to assistance by international financial institutions to terrorist states.Sec. 328. Antiterrorism assistance.Sec. 329. Definition of assistance.Sec. 330. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts. TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION Subtitle A--Removal of Alien TerroristsSec. 401. Alien terrorist removal. Subtitle B--Exclusion of Members and Representatives of Terrorist OrganizationsSec. 411. Exclusion of alien terrorists.Sec. 412. Waiver authority concerning notice of denial of application for visas.Sec. 413. Denial of other relief for alien terrorists.Sec. 414. Exclusion of aliens who have not been inspected and admitted. Subtitle C--Modification to Asylum ProceduresSec. 421. Denial of asylum to alien terrorists.Sec. 422. Inspection and exclusion by immigration officers.Sec. 423. Judicial review. Subtitle D--Criminal Alien Procedural ImprovementsSec. 431. Access to certain confidential immigration and naturalization files through court order.Sec. 432. Criminal alien identification system.Sec. 433. Establishing certain alien smuggling-related crimes as RICO- predicate offenses.Sec. 434. Authority for alien smuggling investigations.Sec. 435. Expansion of criteria for deportation for crimes of moral turpitude.Sec. 436. Miscellaneous provisions.Sec. 437. Interior repatriation program.Sec. 438. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.Sec. 439. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens.Sec. 440. Criminal alien removal.Sec. 441. Limitation on collateral attacks on underlying deportation order.Sec. 442. Deportation procedures for certain criminal aliens who are not permanent residents.Sec. 443. Extradition of aliens. TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS Subtitle A--Nuclear MaterialsSec. 501. Findings and purpose.Sec. 502. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.Sec. 503. Report to Congress on thefts of explosive materials from armories. Subtitle B--Biological Weapons RestrictionsSec. 511. Enhanced penalties and control of biological agents. Subtitle C--Chemical Weapons RestrictionsSec. 521. Chemical weapons of mass destruction; study of facility for training and evaluation of personnel who respond to use of chemical or biological weapons in urban and suburban areas.[[Page 110 STAT. 1216]] TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTIONSec. 601. Findings and purposes.Sec. 602. Definitions.Sec. 603. Requirement of detection agents for plastic explosives.Sec. 604. Criminal sanctions.Sec. 605. Exceptions.Sec. 606. Seizure and forfeiture of plastic explosives.Sec. 607. Effective date. TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM Subtitle A--Crimes and PenaltiesSec. 701. Increased penalty for conspiracies involving explosives.Sec. 702. Acts of terrorism transcending national boundaries.Sec. 703. Expansion of provision relating to destruction or injury of property within special maritime and territorial jurisdiction.Sec. 704. Conspiracy to harm people and property overseas.Sec. 705. Increased penalties for certain terrorism crimes.Sec. 706. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.Sec. 707. Possession of stolen explosives prohibited.Sec. 708. Enhanced penalties for use of explosives or arson crimes.Sec. 709. Determination of constitutionality of restricting the dissemination of bomb-making instructional materials. Subtitle B--Criminal ProceduresSec. 721. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.Sec. 722. Clarification of maritime violence jurisdiction.Sec. 723. Increased and alternate conspiracy penalties for terrorism offenses.Sec. 724. Clarification of Federal jurisdiction over bomb threats.Sec. 725. Expansion and modification of weapons of mass destruction statute.Sec. 726. Addition of terrorism offenses to the money laundering statute.Sec. 727. Protection of Federal employees; protection of current or former officials, officers, or employees of the United States.Sec. 728. Death penalty aggravating factor.Sec. 729. Detention hearing.Sec. 730. Directions to Sentencing Commission.Sec. 731. Exclusion of certain types of information from definitions.Sec. 732. Marking, rendering inert, and licensing of explosive materials. TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT Subtitle A--Resources and SecuritySec. 801. Overseas law enforcement training activities.Sec. 802. Sense of Congress.Sec. 803. Protection of Federal Government buildings in the District of Columbia.Sec. 804. Requirement to preserve record evidence.Sec. 805. Deterrent against terrorist activity damaging a Federal interest computer.Sec. 806. Commission on the Advancement of Federal Law Enforcement.Sec. 807. Combatting international counterfeiting of United States currency.Sec. 808. Compilation of statistics relating to intimidation of Government employees.Sec. 809. Assessing and reducing the threat to law enforcement officers from the criminal use of firearms and ammunition.Sec. 810. Study and report on electronic surveillance. Subtitle B--Funding Authorizations for Law EnforcementSec. 811. Federal Bureau of Investigation.Sec. 812. United States Customs Service.Sec. 813. Immigration and Naturalization Service.Sec. 814. Drug Enforcement Administration.Sec. 815. Department of Justice.Sec. 816. Department of the Treasury.Sec. 817. United States Park Police.Sec. 818. The Judiciary.Sec. 819. Local firefighter and emergency services training.Sec. 820. Assistance to foreign countries to procure explosive detection devices and other counterterrorism technology.Sec. 821. Research and development to support counterterrorism technologies.[[Page 110 STAT. 1217]]Sec. 822. Grants to State and local law enforcement for training and equipment.Sec. 823. Funding source. TITLE IX--MISCELLANEOUSSec. 901. Expansion of territorial sea.Sec. 902. Proof of citizenship.Sec. 903. Representation fees in criminal cases.Sec. 904. Severability.TITLE I--HABEAS CORPUS REFORM SEC. 101. FILING DEADLINES. Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection: ``(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of-- ``(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review; ``(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action; ``(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or ``(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence. ``(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.''.SEC. 102. APPEAL. Section 2253 of title 28, United States Code, is amended to read as follows:``Sec. 2253. Appeal ``(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held. ``(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings. ``(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from-- ``(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or ``(B) the final order in a proceeding under section 2255.[[Page 110 STAT. 1218]] ``(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right. ``(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).''.SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE. Rule 22 of the Federal Rules of Appellate Procedure is amended to read as follows:``Rule 22. Habeas corpus and section 2255 proceedings ``(a) Application for the Original Writ.--An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28, United States Code, appeal to the appropriate court of appeals from the order of the district court denying the writ. ``(b) Certificate of Appealability.--In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, an appeal by the applicant for the writ may not proceed unless a district or a circuit judge issues a certificate of appealability pursuant to section 2253(c) of title 28, United States Code. If an appeal is taken by the applicant, the district judge who rendered the judgment shall either issue a certificate of appealability or state the reasons why such a certificate should not issue. The certificate or the statement shall be forwarded to the court of appeals with the notice of appeal and the file of the proceedings in the district court. If the district judge has denied the certificate, the applicant for the writ may then request issuance of the certificate by a circuit judge. If such a request is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or its representative, a certificate of appealability is not required.''.SEC. 104. SECTION 2254 AMENDMENTS. Section 2254 of title 28, United States Code, is amended-- (1) by amending subsection (b) to read as follows: ``(b)(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that-- ``(A) the applicant has exhausted the remedies available in the courts of the State; or ``(B)(i) there is an absence of available State corrective process; or ``(ii) circumstances exist that render such process ineffective to protect the rights of the applicant. ``(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.[[Page 110 STAT. 1219]] ``(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.''.[[Page 110 STAT. 1220]]SEC. 105. SECTION 2255 AMENDMENTS. Section 2255 of title 28, United States Code, is amended-- (1) by striking the second and fifth undesignated paragraphs; and (2) by adding at the end the following new undesignated paragraphs: ``A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of-- ``(1) the date on which the judgment of conviction becomes final; ``(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action; ``(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or ``(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence. ``Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18. ``A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain-- ``(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or ``(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.''.SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS. (a) Conforming Amendment to Section 2244(a).--Section 2244(a) of title 28, United States Code, is amended by striking ``and the petition'' and all that follows through ``by such inquiry.'' and inserting ``, except as provided in section 2255.''. (b) Limits on Second or Successive Applications.--Section 2244(b) of title 28, United States Code, is amended to read as follows: ``(b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed. ``(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless-- ``(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or[[Page 110 STAT. 1221]] ``(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and ``(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. ``(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application. ``(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals. ``(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection. ``(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion. ``(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari. ``(4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.''.SEC. 107. DEATH PENALTY LITIGATION PROCEDURES. (a) Addition of Chapter to Title 28, United States Code.--Title 28, United States Code, is amended by inserting after chapter 153 the following new chapter: ``CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES``Sec.``2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.``2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.``2263. Filing of habeas corpus application; time requirements; tolling rules.``2264. Scope of Federal review; district court adjudications.``2265. Application to State unitary review procedure.``2266. Limitation periods for determining applications and motions.``Sec. 2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment ``(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied. ``(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized[[Page 110 STAT. 1222]]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[[Page 110 STAT. 1223]] right or is denied relief in the district court or at any subsequent stage of review. ``(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).``Sec. 2263. Filing of habeas corpus application; time requirements; tolling rules ``(a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review. ``(b) The time requirements established by subsection (a) shall be tolled-- ``(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review; ``(2) from the date on which the first petition for post- conviction review or other collateral relief is filed until the final State court disposition of such petition; and ``(3) during an additional period not to exceed 30 days, if-- ``(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and ``(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.``Sec. 2264. Scope of Federal review; district court adjudications ``(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is-- ``(1) the result of State action in violation of the Constitution or laws of the United States; ``(2) the result of the Supreme Court's recognition of a new Federal right that is made retroactively applicable; or ``(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review. ``(b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.``Sec. 2265. Application to State unitary review procedure ``(a) For purposes of this section, a `unitary review' procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. This chapter[[Page 110 STAT. 1224]]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:[[Page 110 STAT. 1225]] ``(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice. ``(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate briefing within the time limitations established by subparagraph (A). ``(III) Whether the failure to allow a delay in a case that, taken as a whole, is not so unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would unreasonably deny the applicant or the government continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. ``(iii) No delay in disposition shall be permissible because of general congestion of the court's calendar. ``(iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under paragraph (5). ``(2) The time limitations under paragraph (1) shall apply to-- ``(A) an initial application for a writ of habeas corpus; ``(B) any second or successive application for a writ of habeas corpus; and ``(C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. ``(3)(A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. ``(B) No amendment to an application for a writ of habeas corpus under this chapter shall be permitted after the filing of the answer to the application, except on the grounds specified in section 2244(b). ``(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. ``(B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ of mandamus not later than 30 days after the filing of the petition. ``(5)(A) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the district courts with the time limitations under this section. ``(B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv). ``(c)(1)(A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed.[[Page 110 STAT. 1226]] ``(B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed. ``(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered. ``(2) The time limitations under paragraph (1) shall apply to-- ``(A) an initial application for a writ of habeas corpus; ``(B) any second or successive application for a writ of habeas corpus; and ``(C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered. ``(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal. ``(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence. ``(B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court. ``(5) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.''. (b) Technical Amendment.--The part analysis for part IV of title 28, United States Code, is amended by adding after the item relating to chapter 153 the following new item:``154. Special habeas corpus procedures in capital cases........2261.''. (c) Effective Date.--Chapter 154 of title 28, United States Code (as added by subsection (a)) shall apply to cases pending on or after the date of enactment of this Act.SEC. 108. TECHNICAL AMENDMENT. Section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q)) is amended by amending paragraph (9) to read as follows: ``(9) Upon a finding that investigative, expert, or other services are reasonably necessary for the representation of the defendant, whether in connection with issues relating to guilt or the sentence, the court may authorize the defendant's attorneys to obtain such services on behalf of the defendant and, if so authorized, shall order the payment of fees and expenses therefor under paragraph (10). No ex parte proceeding, communication, or request may be considered pursuant to this section unless a proper showing is made concerning the need for confidentiality. Any such proceeding, communication, or request shall be transcribed and made a part of the record available for appellate review.''.[[Page 110 STAT. 1227]] TITLE II--JUSTICE FOR VICTIMS Subtitle A --Mandatory Victim RestitutionSEC. 201. SHORT TITLE. This subtitle may be cited as the ``Mandatory Victims Restitution Act of 1996''.SEC. 202. ORDER OF RESTITUTION. Section 3556 of title 18, United States Code, is amended-- (1) by striking ``may'' and inserting ``shall''; and (2) by striking ``sections 3663 and 3664.'' and inserting ``section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.''.SEC. 203. CONDITIONS OF PROBATION. Section 3563 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in paragraph (3), by striking ``and'' at the end; (B) in the first paragraph (4) (relating to conditions of probation for a domestic crime of violence), by striking the period and inserting a semicolon; (C) by redesignating the second paragraph (4) (relating to conditions of probation concerning drug use and testing) as paragraph (5); (D) in paragraph (5), as redesignated, by striking the period at the end and inserting a semicolon; and (E) by inserting after paragraph (5), as redesignated, the following new paragraphs: ``(6) that the defendant-- ``(A) make restitution in accordance with sections 2248, 2259, 2264, 2327, 3663, 3663A, and 3664; and ``(B) pay the assessment imposed in accordance with section 3013; and ``(7) that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution, fines, or special assessments.''; and (2) in subsection (b)-- (A) by striking paragraph (2); (B) by redesignating paragraphs (3) through (22) as paragraphs (2) through (21), respectively; and (C) by amending paragraph (2), as redesignated, to read as follows: ``(2) make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));''.SEC. 204. MANDATORY RESTITUTION. (a) In General.--Chapter 232 of title 18, United States Code, is amended by inserting immediately after section 3663 the following new section:``Sec. 3663A. Mandatory restitution to victims of certain crimes ``(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in sub[[Page 110 STAT. 1228]]section (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate. ``(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian. ``(3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense. ``(b) The order of restitution shall require that such defendant-- ``(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense-- ``(A) return the property to the owner of the property or someone designated by the owner; or ``(B) if return of the property under subparagraph (A) is impossible, impracticable, or inadequate, pay an amount equal to-- ``(i) the greater of-- ``(I) the value of the property on the date of the damage, loss, or destruction; or ``(II) the value of the property on the date of sentencing, less ``(ii) the value (as of the date the property is returned) of any part of the property that is returned; ``(2) in the case of an offense resulting in bodily injury to a victim-- ``(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment; ``(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and ``(C) reimburse the victim for income lost by such victim as a result of such offense; ``(3) in the case of an offense resulting in bodily injury that results in the death of the victim, pay an amount equal to the cost of necessary funeral and related services; and ``(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.[[Page 110 STAT. 1229]] ``(c)(1) This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense-- ``(A) that is-- ``(i) a crime of violence, as defined in section 16; ``(ii) an offense against property under this title, including any offense committed by fraud or deceit; or ``(iii) an offense described in section 1365 (relating to tampering with consumer products); and ``(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss. ``(2) In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement. ``(3) This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that-- ``(A) the number of identifiable victims is so large as to make restitution impracticable; or ``(B) determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process. ``(d) An order of restitution under this section shall be issued and enforced in accordance with section 3664.''. (b) Clerical Amendment.--The analysis for chapter 232 of title 18, United States Code, is amended by inserting immediately after the matter relating to section 3663 the following:``3663A. Mandatory restitution to victims of certain crimes.''.SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES. (a) In General.--Section 3663 of title 18, United States Code, is amended-- (1) in subsection (a)(1)-- (A) by striking ``(a)(1) The court'' and inserting ``(a)(1)(A) The court''; (B) by inserting ``, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),'' before ``or section 46312,''; (C) by inserting ``other than an offense described in section 3663A(c),'' after ``title 49,''; (D) by inserting before the period at the end the following: ``, or if the victim is deceased, to the victim's estate''; (E) by adding at the end the following new subparagraph: ``(B)(i) The court, in determining whether to order restitution under this section, shall consider-- ``(I) the amount of the loss sustained by each victim as a result of the offense; and ``(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's[[Page 110 STAT. 1230]] dependents, and such other factors as the court deems appropriate. ``(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.''; and (F) by amending paragraph (2) to read as follows: ``(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.''; (2) by striking subsections (c) through (i); and (3) by adding at the end the following new subsections: ``(c)(1) Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when sentencing a defendant convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no identifiable victim, the court may order that the defendant make restitution in accordance with this subsection. ``(2)(A) An order of restitution under this subsection shall be based on the amount of public harm caused by the offense, as determined by the court in accordance with guidelines promulgated by the United States Sentencing Commission. ``(B) In no case shall the amount of restitution ordered under this subsection exceed the amount of the fine ordered for the offense charged in the case. ``(3) Restitution under this subsection shall be distributed as follows: ``(A) 65 percent of the total amount of restitution shall be paid to the State entity designated to administer crime victim assistance in the State in which the crime occurred. ``(B) 35 percent of the total amount of restitution shall be paid to the State entity designated to receive Federal substance abuse block grant funds. ``(4) The court shall not make an award under this subsection if it appears likely that such award would interfere with a forfeiture under chapter 46 of this title or under the Controlled Substances Act (21 U.S.C. 801 et seq.). ``(5) Notwithstanding section 3612(c) or any other provision of law, a penalty assessment under section 3013 or a fine under subchapter C of chapter 227 shall take precedence over an order of restitution under this subsection. ``(6) Requests for community restitution under this subsection may be considered in all plea agreements negotiated by the United States.[[Page 110 STAT. 1231]] ``(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection. ``(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph. ``(d) An order of restitution made pursuant to this section shall be issued and enforced in accordance with section 3664.''. (b) Sexual Abuse.--Section 2248 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c). (c) Sexual Exploitation and Other Abuse of Children.--Section 2259 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c). (d) Domestic Violence.--Section 2264 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows:[[Page 110 STAT. 1232]] ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (g); and (4) by adding at the end the following new subsection (c): ``(c) Victim Defined.--For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.''. (e) Telemarketing Fraud.--Section 2327 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting ``or 3663A'' after ``3663''; (2) in subsection (b)-- (A) by amending paragraph (1) to read as follows: ``(1) Directions.--The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).''; (B) by amending paragraph (2) to read as follows: ``(2) Enforcement.--An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.''; (C) in paragraph (4), by striking subparagraphs (C) and (D); and (D) by striking paragraphs (5) through (10); (3) by striking subsections (c) through (e); and (4) by redesignating subsection (f) as subsection (c).SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER. (a) In General.--Section 3664 of title 18, United States Code, is amended to read as follows:``Sec. 3664. Procedure for issuance and enforcement of order of restitution ``(a) For orders of restitution under this title, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court. ``(b) The court shall disclose to both the defendant and the attorney for the Government all portions of the presentence or[[Page 110 STAT. 1233]]other report pertaining to the matters described in subsection (a) of this section. ``(c) The provisions of this chapter, chapter 227, and Rule 32(c) of the Federal Rules of Criminal Procedure shall be the only rules applicable to proceedings under this section. ``(d)(1) Upon the request of the probation officer, but not later than 60 days prior to the date initially set for sentencing, the attorney for the Government, after consulting, to the extent practicable, with all identified victims, shall promptly provide the probation officer with a listing of the amounts subject to restitution. ``(2) The probation officer shall, prior to submitting the presentence report under subsection (a), to the extent practicable-- ``(A) provide notice to all identified victims of-- ``(i) the offense or offenses of which the defendant was convicted; ``(ii) the amounts subject to restitution submitted to the probation officer; ``(iii) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses; ``(iv) the scheduled date, time, and place of the sentencing hearing; ``(v) the availability of a lien in favor of the victim pursuant to subsection (m)(1)(B); and ``(vi) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution; and ``(B) provide the victim with an affidavit form to submit pursuant to subparagraph (A)(vi). ``(3) Each defendant shall prepare and file with the probation officer an affidavit fully describing the financial resources of the defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant was arrested, the financial needs and earning ability of the defendant and the defendant's dependents, and such other information that the court requires relating to such other factors as the court deems appropriate. ``(4) After reviewing the report of the probation officer, the court may require additional documentation or hear testimony. The privacy of any records filed, or testimony heard, pursuant to this section shall be maintained to the greatest extent possible, and such records may be filed or testimony heard in camera. ``(5) If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing, the attorney for the Government or the probation officer shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief. ``(6) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate judge or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.[[Page 110 STAT. 1234]] ``(e) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the attorney for the Government. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant's dependents, shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires. ``(f)(1)(A) In each order of restitution, the court shall order restitution to each victim in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant. ``(B) In no case shall the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution. ``(2) Upon determination of the amount of restitution owed to each victim, the court shall, pursuant to section 3572, specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid, in consideration of-- ``(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled; ``(B) projected earnings and other income of the defendant; and ``(C) any financial obligations of the defendant; including obligations to dependents. ``(3)(A) A restitution order may direct the defendant to make a single, lump-sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments. ``(B) A restitution order may direct the defendant to make nominal periodic payments if the court finds from facts on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order, and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments. ``(4) An in-kind payment described in paragraph (3) may be in the form of-- ``(A) return of property; ``(B) replacement of property; or ``(C) if the victim agrees, services rendered to the victim or a person or organization other than the victim. ``(g)(1) No victim shall be required to participate in any phase of a restitution order. ``(2) A victim may at any time assign the victim's interest in restitution payments to the Crime Victims Fund in the Treasury without in any way impairing the obligation of the defendant to make such payments. ``(h) If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.[[Page 110 STAT. 1235]] ``(i) If the court finds that more than 1 victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the United States is a victim, the court shall ensure that all other victims receive full restitution before the United States receives any restitution. ``(j)(1) If a victim has received compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation. ``(2) Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in-- ``(A) any Federal civil proceeding; and ``(B) any State civil proceeding, to the extent provided by the law of the State. ``(k) A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed restitution by the defendant have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require. ``(l) A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim. ``(m)(1)(A)(i) An order of restitution may be enforced by the United States in the manner provided for in subchapter C of chapter 227 and subchapter B of chapter 229 of this title; or ``(ii) by all other available and reasonable means. ``(B) At the request of a victim named in a restitution order, the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the State where the district court is located, the abstract of judgment shall be a lien on the property of the defendant located in such State in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that State. ``(2) An order of in-kind restitution in the form of services shall be enforced by the probation officer. ``(n) If a person obligated to provide restitution, or pay a fine, receives substantial resources from any source, including inherit[[Page 110 STAT. 1236]]ance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed. ``(o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that-- ``(1) such a sentence can subsequently be-- ``(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title; ``(B) appealed and modified under section 3742; ``(C) amended under section 3664(d)(3); or ``(D) adjusted under section 3664(k), 3572, or 3613A; or ``(2) the defendant may be resentenced under section 3565 or 3614. ``(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 3663, and 3663A and arising out of the application of such sections, shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.''. (b) Technical Amendment.--The item relating to section 3664 in the analysis for chapter 232 of title 18, United States Code, is amended to read as follows:``3664. Procedure for issuance and enforcement of order of restitution.''.SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER. (a) Amendment of Federal Rules of Criminal Procedure.--Rule 32(b) of the Federal Rules of Criminal Procedure is amended-- (1) in paragraph (1), by adding at the end the following: ``Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the court may direct, shall be required in any case in which restitution is required to be ordered.''; and (2) in paragraph (4)-- (A) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (B) by inserting after subparagraph (E), the following new subparagraph: ``(F) in appropriate cases, information sufficient for the court to enter an order of restitution;''. (b) Fines.--Section 3572 of title 18, United States Code, is amended-- (1) in subsection (b) by inserting ``other than the United States,'' after ``offense,''; (2) in subsection (d)-- (A) in the first sentence, by striking ``A person sentenced to pay a fine or other monetary penalty'' and inserting ``(1) A person sentenced to pay a fine or other monetary penalty, including restitution,''; (B) by striking the third sentence; and (C) by adding at the end the following: ``(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set[[Page 110 STAT. 1237]]by the court, but shall be the shortest time in which full payment can reasonably be made. ``(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.''; (3) in subsection (f), by inserting ``restitution'' after ``special assessment,''; (4) in subsection (h), by inserting ``or payment of restitution'' after ``A fine''; and (5) in subsection (i)-- (A) in the first sentence, by inserting ``or payment of restitution'' after ``A fine''; and (B) by amending the second sentence to read as follows: ``Notwithstanding any installment schedule, when a fine or payment of restitution is in default, the entire amount of the fine or restitution is due within 30 days after notification of the default, subject to the provisions of section 3613A.''. (c) Postsentence Administration.-- (1) Payment of a fine or restitution.--Section 3611 of title 18, United States Code, is amended-- (A) by amending the heading to read as follows:``Sec. 3611. Payment of a fine or restitution''; and (B) by striking ``or assessment shall pay the fine or assessment'' and inserting ``, assessment, or restitution, shall pay the fine, assessment, or restitution''. (2) Collection.--Section 3612 of title 18, United States Code, is amended-- (A) by amending the heading to read as follows:``Sec. 3612. Collection of unpaid fine or restitution''; (B) in subsection (b)(1)-- (i) in the matter preceding subparagraph (A), by inserting ``or restitution order'' after ``fine''; (ii) in subparagraph (C), by inserting ``or restitution order'' after ``fine''; (iii) in subparagraph (E), by striking ``and''; (iv) in subparagraph (F)-- (I) by inserting ``or restitution order'' after ``fine''; and (II) by striking the period at the end and inserting ``; and''; and (v) by adding at the end the following new subparagraph: ``(G) in the case of a restitution order, information sufficient to identify each victim to whom restitution is owed. It shall be the responsibility of each victim to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim's mailing address while restitution is still owed the victim. The confidentiality[[Page 110 STAT. 1238]] of any information relating to a victim shall be maintained.''; (C) in subsection (c)-- (i) in the first sentence, by inserting ``or restitution'' after ``fine''; and (ii) by adding at the end the following: ``Any money received from a defendant shall be disbursed so that each of the following obligations is paid in full in the following sequence: ``(1) A penalty assessment under section 3013 of title 18, United States Code. ``(2) Restitution of all victims. ``(3) All other fines, penalties, costs, and other payments required under the sentence.''; (D) in subsection (d)-- (i) by inserting ``or restitution'' after ``fine''; and (ii) by striking ``is delinquent, to inform him that the fine is delinquent'' and inserting ``or restitution is delinquent, to inform the person of the delinquency''; (E) in subsection (e)-- (i) by inserting ``or restitution'' after ``fine''; and (ii) by striking ``him that the fine is in default'' and inserting ``the person that the fine or restitution is in default''; (F) in subsection (f)-- (i) in the heading, by inserting ``and restitution'' after ``on fines''; and (ii) in paragraph (1), by inserting ``or restitution'' after ``any fine''; (G) in subsection (g), by inserting ``or restitution'' after ``fine'' each place it appears; and (H) in subsection (i), by inserting ``and restitution'' after ``fines''. (3) Civil remedies.--Section 3613 of title 18, United States Code, is amended to read as follows:``Sec. 3613. Civil remedies for satisfaction of an unpaid fine ``(a) Enforcement.--The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that-- ``(1) property exempt from levy for taxes pursuant to section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law; ``(2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and ``(3) the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law. ``(b) Termination of Liability.--The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined.[[Page 110 STAT. 1239]] ``(c) Lien.--A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, or an order of restitution made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b). ``(d) Effect of Filing Notice of Lien.--Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lienor or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section. ``(e) Discharge of Debt Inapplicable.--No discharge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall discharge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy proceeding. ``(f) Applicability to Order of Restitution.--In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution.''. (4) Default.--Chapter 229 of title 18, United States Code, is amended by inserting after section 3613 the following new section:``Sec. 3613A. Effect of default ``(a)(1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution. ``(2) In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the fine or restitution order, and any other circumstances that may have a[[Page 110 STAT. 1240]]bearing on the defendant's ability or failure to comply with the order of a fine or restitution. ``(b)(1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the court. ``(2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other correctional facility, proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined.''. (5) Resentencing.--Section 3614 of title 18, United States Code, is amended-- (A) in the heading, by inserting ``or restitution'' after ``fine''; (B) in subsection (a), by inserting ``or restitution'' after ``fine''; and (C) by adding at the end the following new subsection: ``(c) Effect of Indigency.--In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.''. (d) Clerical Amendment.--The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States Code, is amended to read as follows:``Sec.``3611. Payment of a fine or restitution.``3612. Collection of an unpaid fine or restitution.``3613. Civil remedies for satisfaction of an unpaid fine.``3613A. Effect of default.``3614. Resentencing upon failure to pay a fine or restitution.``3615. Criminal default.''.SEC. 208. INSTRUCTION TO SENTENCING COMMISSION. Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to reflect this subtitle and the amendments made by this subtitle.SEC. 209. JUSTICE DEPARTMENT REGULATIONS. Not later than 90 days after the date of enactment of this subtitle, the Attorney General shall promulgate guidelines, or amend existing guidelines, to carry out this subtitle and the amendments made by this subtitle and to ensure that-- (1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all victims of all charges contained in the indictment or information, without regard to the counts to which the defendant actually pleaded; and (2) orders of restitution made pursuant to the amendments made by this subtitle are enforced to the fullest extent of the law.SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS. Section 3013(a)(2) of title 18, United States Code, is amended-- (1) in subparagraph (A), by striking ``$50'' and inserting ``not less than $100''; and (2) in subparagraph (B), by striking ``$200'' and inserting ``not less than $400''.[[Page 110 STAT. 1241]]SEC. 211. EFFECTIVE DATE. The amendments made by this subtitle shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment of this Act. Subtitle B--Jurisdiction for Lawsuits Against Terrorist StatesSEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES. (a) Exception to Foreign Sovereign Immunity for Certain Cases.--Section 1605 of title 28, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``or'' at the end of paragraph (5); (B) by striking the period at the end of paragraph (6) and inserting ``; or''; and (C) by adding at the end the following new paragraph: ``(7) not otherwise covered by paragraph (2), in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that the court shall decline to hear a claim under this paragraph-- ``(A) if the foreign state was not designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later so designated as a result of such act; and ``(B) even if the foreign state is or was so designated, if-- ``(i) the act occurred in the foreign state against which the claim has been brought and the claimant has not afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; or ``(ii) the claimant or victim was not a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when the act upon which the claim is based occurred.''; and (2) by adding at the end the following: ``(e) For purposes of paragraph (7) of subsection (a)-- ``(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991; ``(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and[[Page 110 STAT. 1242]] ``(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation. ``(f) No action shall be maintained under subsection (a)(7) unless the action is commenced not later than 10 years after the date on which the cause of action arose. All principles of equitable tolling, including the period during which the foreign state was immune from suit, shall apply in calculating this limitation period. ``(g) Limitation on Discovery.-- ``(1) In general.--(A) Subject to paragraph (2), if an action is filed that would otherwise be barred by section 1604, but for subsection (a)(7), the court, upon request of the Attorney General, shall stay any request, demand, or order for discovery on the United States that the Attorney General certifies would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, until such time as the Attorney General advises the court that such request, demand, or order will no longer so interfere. ``(B) A stay under this paragraph shall be in effect during the 12-month period beginning on the date on which the court issues the order to stay discovery. The court shall renew the order to stay discovery for additional 12-month periods upon motion by the United States if the Attorney General certifies that discovery would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action. ``(2) Sunset.--(A) Subject to subparagraph (B), no stay shall be granted or continued in effect under paragraph (1) after the date that is 10 years after the date on which the incident that gave rise to the cause of action occurred. ``(B) After the period referred to in subparagraph (A), the court, upon request of the Attorney General, may stay any request, demand, or order for discovery on the United States that the court finds a substantial likelihood would-- ``(i) create a serious threat of death or serious bodily injury to any person; ``(ii) adversely affect the ability of the United States to work in cooperation with foreign and international law enforcement agencies in investigating violations of United States law; or ``(iii) obstruct the criminal case related to the incident that gave rise to the cause of action or undermine the potential for a conviction in such case. ``(3) Evaluation of evidence.--The court's evaluation of any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera. ``(4) Bar on motions to dismiss.--A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. ``(5) Construction.--Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States.''. (b) Exception to Immunity From Attachment.-- (1) Foreign state.--Section 1610(a) of title 28, United States Code, is amended--[[Page 110 STAT. 1243]] (A) by striking the period at the end of paragraph (6) and inserting ``, or''; and (B) by adding at the end the following new paragraph: ``(7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based.''. (2) Agency or instrumentality.--Section 1610(b)(2) of title 28, United States Code, is amended-- (A) by striking ``or (5)'' and inserting ``(5), or (7)''; and (B) by striking ``used for the activity'' and inserting ``involved in the act''. (c) Applicability.--The amendments made by this subtitle shall apply to any cause of action arising before, on, or after the date of the enactment of this Act. Subtitle C --Assistance to Victims of TerrorismSEC. 231. SHORT TITLE. This subtitle may be cited as the ``Justice for Victims of Terrorism Act of 1996''.SEC. 232. VICTIMS OF TERRORISM ACT. (a) Authority To Provide Assistance and Compensation to Victims of Terrorism.--The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404A the following new section:``SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS VIOLENCE. ``(a) Victims of Acts of Terrorism Outside the United States.--The Director may make supplemental grants as provided in section 1404(a) to States to provide compensation and assistance to the residents of such States who, while outside of the territorial boundaries of the United States, are victims of a terrorist act or mass violence and are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986. ``(b) Victims of Terrorism Within the United States.--The Director may make supplemental grants as provided in section 1404(d)(4)(B) to States for eligible crime victim compensation and assistance programs to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, for the benefit of victims of terrorist acts or mass violence occurring within the United States and may provide funding to United States Attorney's Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief.''. (b) Funding of Compensation and Assistance to Victims of Terrorism, Mass Violence, and Crime.--Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows: ``(4)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to section 1403(a)(1), the Director may retain any portion of the Fund that was deposited during a fiscal year that was in excess[[Page 110 STAT. 1244]] of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as an emergency reserve. Such reserve shall not exceed $50,000,000. ``(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 1404B and to supplement the funds available to provide grants to States for compensation and assistance in accordance with sections 1403 and 1404 in years in which supplemental grants are needed.''. (c) Crime Victims Fund Amendments.-- (1) Unobligated funds.--Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is amended-- (A) in subsection (c), by striking ``subsection'' and inserting ``chapter''; and (B) by amending subsection (e) to read as follows: ``(e) Amounts Awarded and Unspent.--Any amount awarded as part of a grant under this chapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 2 succeeding fiscal years, at the end of which period, any remaining unobligated sums in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000 shall be returned to the Fund.''. (2) Base amount.--Section 1404(a)(5) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as follows: ``(5) As used in this subsection, the term `base amount' means-- ``(A) except as provided in subparagraph (B), $500,000; and ``(B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau's share governed by the Compact of Free Association between the United States and the Republic of Palau.''.SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM. (a) Requiring Compensation for Terrorist Crimes.--Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended-- (1) by inserting ``crimes involving terrorism,'' before ``driving while intoxicated''; and (2) by inserting a comma after ``driving while intoxicated''. (b) Foreign Terrorism.--Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting ``are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18, United States Code), or'' before ``are States not having''. (c) Designation of Cartney McRaven Child Development Center.-- (1) Designation.-- (A) In general.--The Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, South Dakota, shall be known as the ``Cartney McRaven Child Development Center''. (B) Replacement building.--If, after the date of enactment of this Act, a new Federal building is built[[Page 110 STAT. 1245]] at the location described in subparagraph (A) to replace the building described in the paragraph, the new Federal building shall be known as the ``Cartney McRaven Child Development Center''. (2) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to a Federal building referred to in paragraph (1) shall be deemed to be a reference to the ``Cartney McRaven Child Development Center''. (d) Effective Date.--This section and the amendments made by this section shall take effect 1 year after the date of enactment of this Act.SEC. 234. CRIME VICTIMS FUND. (a) Prohibition of Payments to Delinquent Criminal Debtors by State Crime Victim Compensation Programs.-- (1) In general.--Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended-- (A) by striking ``and'' at the end of paragraph (7); (B) by redesignating paragraph (8) as paragraph (9); and (C) by inserting after paragraph (7) the following new paragraph: ``(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense; and''. (2) Application of amendment.--Section 1403(b)(8) of the Victims of Crime Act of 1984, as added by paragraph (1) of this section, shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer Federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law. (b) Exclusion From Income for Purposes of Means Tests.--Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by inserting after subsection (b) the following new subsection: ``(c) Exclusion From Income for Purposes of Means Tests.--Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant[[Page 110 STAT. 1246]]receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.''.SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF CRIME. (a) In General.--Notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crime to watch criminal trial proceedings in cases where the venue of the trial is changed-- (1) out of the State in which the case was initially brought; and (2) more than 350 miles from the location in which those proceedings originally would have taken place;the trial court shall order closed circuit televising of the proceedings to that location, for viewing by such persons the court determines have a compelling interest in doing so and are otherwise unable to do so by reason of the inconvenience and expense caused by the change of venue. (b) Limited Access.-- (1) Generally.--No other person, other than official court and security personnel, or other persons specifically designated by the court, shall be permitted to view the closed circuit televising of the proceedings. (2) Exception.--The court shall not designate a person under paragraph (1) if the presiding judge at the trial determines that testimony by that person would be materially affected if that person heard other testimony at the trial. (c) Restrictions.-- (1) The signal transmitted pursuant to subsection (a) shall be under the control of the court at all times and shall only be transmitted subject to the terms and conditions imposed by the court. (2) No public broadcast or dissemination shall be made of the signal transmitted pursuant to subsection (a). In the event any tapes are produced in carrying out subsection (a), such tapes shall be the property of the court and kept under seal. (3) Any violations of this subsection, or any rule or order made pursuant to this section, shall be punishable as contempt of court as described in section 402 of title 18, United States Code. (d) Donations.--The Administrative Office of the United States Courts may accept donations to enable the courts to carry out subsection (a). (e) Construction.-- (1) Nothing in this section shall be construed-- (i) to create in favor of any person a cause of action against the United States or any officer or employees thereof, or (ii) to provide any person with a defense in any action in which application of this section is made. (f) Definition.--As used in this section, the term ``State'' means any State, the District of Columbia, or any possession or territory of the United States. (g) Rules.--The Judicial Conference of the United States, pursuant to its rule making authority under section 331 of title 28, United States Code, may promulgate and issue rules, or amend[[Page 110 STAT. 1247]]existing rules, to effectuate the policy addressed by this section. Upon the implementation of such rules, this section shall cease to be effective. (h) Effective Date.--This section shall only apply to cases filed after January 1, 1995.SEC. 236. TECHNICAL CORRECTION. Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(B)) is amended by striking ``1404A'' and inserting ``1404(a)''. TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS Subtitle A--Prohibition on International Terrorist FundraisingSEC. 301. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States; (2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity; (3) the power of the United States over immigration and naturalization permits the exclusion from the United States of persons belonging to international terrorist organizations; (4) international terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States; (5) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage; (6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and (7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct. (b) Purpose.--The purpose of this subtitle is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States, or subject to the jurisdiction of the United States, from providing material support or resources to foreign organizations that engage in terrorist activities.[[Page 110 STAT. 1248]]SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. (a) In General.--Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:``SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS. ``(a) Designation.-- ``(1) In general.--The Secretary is authorized to designate an organization as a foreign terrorist organization in accordance with this subsection if the Secretary finds that-- ``(A) the organization is a foreign organization; ``(B) the organization engages in terrorist activity (as defined in section 212(a)(3)(B)); and ``(C) the terrorist activity of the organization threatens the security of United States nationals or the national security of the United States. ``(2) Procedure.-- ``(A) Notice.--Seven days before making a designation under this subsection, the Secretary shall, by classified communication-- ``(i) notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees, in writing, of the intent to designate a foreign organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor; and ``(ii) seven days after such notification, publish the designation in the Federal Register. ``(B) Effect of designation.-- ``(i) For purposes of section 2339B of title 18, United States Code, a designation under this subsection shall take effect upon publication under subparagraph (A). ``(ii) Any designation under this subsection shall cease to have effect upon an Act of Congress disapproving such designation. ``(C) Freezing of assets.--Upon notification under paragraph (2), the Secretary of the Treasury may require United States financial institutions possessing or controlling any assets of any foreign organization included in the notification to block all financial transactions involving those assets until further directive from either the Secretary of the Treasury, Act of Congress, or order of court. ``(3) Record.-- ``(A) In general.--In making a designation under this subsection, the Secretary shall create an administrative record. ``(B) Classified information.--The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c). ``(4) Period of designation.--[[Page 110 STAT. 1249]] ``(A) In general.-- Subject to paragraphs (5) and (6), a designation under this subsection shall be effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B). ``(B) Redesignation.--The Secretary may redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph. ``(5) Revocation by act of congress.--The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1). ``(6) Revocation based on change in circumstances.-- ``(A) In general.--The Secretary may revoke a designation made under paragraph (1) if the Secretary finds that-- ``(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation of the designation; or ``(ii) the national security of the United States warrants a revocation of the designation. ``(B) Procedure.--The procedural requirements of paragraphs (2) through (4) shall apply to a revocation under this paragraph. ``(7) Effect of revocation.--The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation. ``(8) Use of designation in trial or hearing.--If a designation under this subsection has become effective under paragraph (1)(B), a defendant in a criminal action shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing. ``(b) Judicial Review of Designation.-- ``(1) In general.--Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit. ``(2) Basis of review.--Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation. ``(3) Scope of review.--The Court shall hold unlawful and set aside a designation the court finds to be-- ``(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; ``(B) contrary to constitutional right, power, privilege, or immunity; or ``(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right.[[Page 110 STAT. 1250]] ``(4) Judicial review invoked.--The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation. ``(c) Definitions.--As used in this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `national security' means the national defense, foreign relations, or economic interests of the United States; ``(3) the term `relevant committees' means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and ``(4) the term `Secretary' means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.''. (b) Clerical Amendment.--The table of contents for the Immigration and Nationality Act, relating to terrorism, is amended by inserting after the item relating to section 218 the following new item:``Sec. 219. Designation of foreign terrorist organizations.''.SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING. (a) In General.--Chapter 113B of title 18, United States Code, is amended by adding at the end the following new section:``Sec. 2339B. Providing material support or resources to designated foreign terrorist organizations ``(a) Prohibited Activities.-- ``(1) Unlawful conduct.--Whoever, within the United States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 10 years, or both. ``(2) Financial institutions.--Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall-- ``(A) retain possession of, or maintain control over, such funds; and ``(B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary. ``(b) Civil Penalty.--Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of-- ``(A) $50,000 per violation; or ``(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control. ``(c) Injunction.--Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.[[Page 110 STAT. 1251]] ``(d) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction over an offense under this section. ``(e) Investigations.-- ``(1) In general.--The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section. ``(2) Coordination with the department of the treasury.--The Attorney General shall work in coordination with the Secretary in investigations relating to-- ``(A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and ``(B) civil penalty proceedings authorized under subsection (b). ``(3) Referral.--Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action. ``(f) Classified Information in Civil Proceedings Brought by the United States.-- ``(1) Discovery of classified information by defendants.-- ``(A) Request by united states.--In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to-- ``(i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure; ``(ii) substitute a summary of the information for such classified documents; or ``(iii) substitute a statement admitting relevant facts that the classified information would tend to prove. ``(B) Order granting request.-- If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal. ``(C) Denial of request.--If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court. ``(2) Introduction of classified information; precautions by court.-- ``(A) Exhibits.--To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding[[Page 110 STAT. 1252]] brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following: ``(i) Copies of items from which classified information has been redacted. ``(ii) Stipulations admitting relevant facts that specific classified information would tend to prove. ``(iii) A declassified summary of the specific classified information. ``(B) Determination by court.--The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense. ``(3) Taking of trial testimony.-- ``(A) Objection.--During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible. ``(B) Action by court.--In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including-- ``(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and ``(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit. ``(C) Obligation of defendant.--In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced. ``(4) Appeal.--If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5). ``(5) Interlocutory appeal.-- ``(A) Subject of appeal.--An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court-- ``(i) authorizing the disclosure of classified information; ``(ii) imposing sanctions for nondisclosure of classified information; or ``(iii) refusing a protective order sought by the United States to prevent the disclosure of classified information. ``(B) Expedited consideration.-- ``(i) In general.--An appeal taken pursuant to this paragraph, either before or during trial, shall be expedited by the court of appeals. ``(ii) Appeals prior to trial.--If an appeal is of an order made prior to trial, an appeal shall be taken not later than 10 days after the decision or order[[Page 110 STAT. 1253]] appealed from, and the trial shall not commence until the appeal is resolved. ``(iii) Appeals during trial.--If an appeal is taken during trial, the trial court shall adjourn the trial until the appeal is resolved, and the court of appeals-- ``(I) shall hear argument on such appeal not later than 4 days after the adjournment of the trial; ``(II) may dispense with written briefs other than the supporting materials previously submitted to the trial court; ``(III) shall render its decision not later than 4 days after argument on appeal; and ``(IV) may dispense with the issuance of a written opinion in rendering its decision. ``(C) Effect of ruling.--An interlocutory appeal and decision shall not affect the right of the defendant, in a subsequent appeal from a final judgment, to claim as error reversal by the trial court on remand of a ruling appealed from during trial. ``(6) Construction.--Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privilege. ``(g) Definitions.--As used in this section-- ``(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(2) the term `financial institution' has the same meaning as in section 5312(a)(2) of title 31, United States Code; ``(3) the term `funds' includes coin or currency of the United States or any other country, traveler's checks, personal checks, bank checks, money orders, stocks, bonds, debentures, drafts, letters of credit, any other negotiable instrument, and any electronic representation of any of the foregoing; ``(4) the term `material support or resources' has the same meaning as in section 2339A; ``(5) the term `Secretary' means the Secretary of the Treasury; and ``(6) the term `terrorist organization' means an organization designated as a terrorist organization under section 219 of the Immigration and Nationality Act.''. (b) Clerical Amendment to Table of Sections.--The table of sections at the beginning of chapter 113B of title 18, United States Code, is amended by adding at the end the following new item:``2339B. Providing material support or resources to designated foreign terrorist organizations.''. (c) Technical Amendment.-- (1) New item.--Chapter 113B of title 18, United States Code, relating to torture, is redesignated as chapter 113C. (2) Table of chapters.--The table of chapters for part I of title 18, United States Code, is amended by striking ``113B. Torture'' and inserting ``113C. Torture''.[[Page 110 STAT. 1254]] Subtitle B--Prohibition on Assistance to Terrorist StatesSEC. 321. FINANCIAL TRANSACTIONS WITH TERRORISTS. (a) In General.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the section 2332c added by section 521 of this Act the following new section:``Sec. 2332d. Financial transactions ``(a) Offense.--Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) of the Export Administration Act (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not more than 10 years, or both. ``(b) Definitions.--As used in this section-- ``(1) the term `financial transaction' has the same meaning as in section 1956(c)(4); and ``(2) the term `United States person' means any-- ``(A) United States citizen or national; ``(B) permanent resident alien; ``(C) juridical person organized under the laws of the United States; or ``(D) any person in the United States.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item added by section 521 of this Act the following new item:``2332d. Financial transactions.''. (c) Effective Date.--The amendments made by this section shall become effective 120 days after the date of enactment of this Act.SEC. 322. FOREIGN AIR TRAVEL SAFETY. Section 44906 of title 49, United States Code, is amended to read as follows:``Sec. 44906. Foreign air carrier security programs ``The Administrator of the Federal Aviation Administration shall continue in effect the requirement of section 129.25 of title 14, Code of Federal Regulations, that a foreign air carrier must adopt and use a security program approved by the Administrator. The Administrator shall not approve a security program of a foreign air carrier under section 129.25, or any successor regulation, unless the security program requires the foreign air carrier in its operations to and from airports in the United States to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. The foregoing requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. The Administrator shall prescribe regulations to carry out this section.''.[[Page 110 STAT. 1255]]SEC. 323. MODIFICATION OF MATERIAL SUPPORT PROVISION. Section 2339A of title 18, United States Code, is amended to read as follows:``Sec. 2339A. Providing material support to terrorists ``(a) Offense.--Whoever, within the United States, provides material support or resources or conceals or disguises the nature, location, source, or ownership of material support or resources, knowing or intending that they are to be used in preparation for, or in carrying out, a violation of section 32, 37, 81, 175, 351, 831, 842 (m) or (n), 844 (f) or (i), 956, 1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 2155, 2156, 2280, 2281, 2332, 2332a, 2332b, or 2340A of this title or section 46502 of title 49, or in preparation for, or in carrying out, the concealment from the commission of any such violation, shall be fined under this title, imprisoned not more than 10 years, or both. ``(b) Definition.--In this section, the term `material support or resources' means currency or other financial securities, financial services, lodging, training, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.''.SEC. 324. FINDINGS. The Congress finds that-- (1) international terrorism is among the most serious transnational threats faced by the United States and its allies, far eclipsing the dangers posed by population growth or pollution; (2) the President should continue to make efforts to counter international terrorism a national security priority; (3) because the United Nations has been an inadequate forum for the discussion of cooperative, multilateral responses to the threat of international terrorism, the President should undertake immediate efforts to develop effective multilateral responses to international terrorism as a complement to national counter terrorist efforts; (4) the President should use all necessary means, including covert action and military force, to disrupt, dismantle, and destroy international infrastructure used by international terrorists, including overseas terrorist training facilities and safe havens; (5) the Congress deplores decisions to ease, evade, or end international sanctions on state sponsors of terrorism, including the recent decision by the United Nations Sanctions Committee to allow airline flights to and from Libya despite Libya's noncompliance with United Nations resolutions; and (6) the President should continue to undertake efforts to increase the international isolation of state sponsors of international terrorism, including efforts to strengthen international sanctions, and should oppose any future initiatives to ease sanctions on Libya or other state sponsors of terrorism.[[Page 110 STAT. 1256]]SEC. 325. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620F the following new section:``SEC. 620G . PROHIBITION ON ASSISTANCE TO COUNTRIES THAT AID TERRORIST STATES. ``(a) Withholding of Assistance.--The President shall withhold assistance under this Act to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 620A. ``(b) Waiver.--Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- ``(1) a statement of the determination; ``(2) a detailed explanation of the assistance to be provided; ``(3) the estimated dollar amount of the assistance; and ``(4) an explanation of how the assistance furthers United States national interests.''.SEC. 326. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. The Foreign Assistance Act of 1961 (22 U.S.C. 151 et seq.) is amended by adding immediately after section 620G the following new section:``SEC. 620H. PROHIBITION ON ASSISTANCE TO COUNTRIES THAT PROVIDE MILITARY EQUIPMENT TO TERRORIST STATES. ``(a) Prohibition.-- ``(1) In general.--The President shall withhold assistance under this Act to the government of any country that provides lethal military equipment to a country the government of which the Secretary of State has determined is a terrorist government for the purposes of section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)), or 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). ``(2) Applicability.--The prohibition under this section with respect to a foreign government shall terminate 1 year after that government ceases to provide lethal military equipment. This section applies with respect to lethal military equipment provided under a contract entered into after the date of enactment of this Act. ``(b) Waiver.--Notwithstanding any other provision of law, assistance may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the United States and, not later than 15 days before obligating such assistance, furnishes a report to the appropriate committees of Congress including-- ``(1) a statement of the determination; ``(2) a detailed explanation of the assistance to be provided; ``(3) the estimated dollar amount of the assistance; and[[Page 110 STAT. 1257]] ``(4) an explanation of how the assistance furthers United States national interests.''.SEC. 327. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. The International Financial Institutions Act (22 U.S.C. 262c et seq.) is amended by inserting after section 1620 the following new section:``SEC. 1621. OPPOSITION TO ASSISTANCE BY INTERNATIONAL FINANCIAL INSTITUTIONS TO TERRORIST STATES. ``(a) In General.--The Secretary of the Treasury shall instruct the United States executive director of each international financial institution to use the voice and vote of the United States to oppose any loan or other use of the funds of the respective institution to or for a country for which the Secretary of State has made a determination under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371). ``(b) Definition.--For purposes of this section, the term `international financial institution' includes-- ``(1) the International Bank for Reconstruction and Development, the International Development Association, and the International Monetary Fund; ``(2) wherever applicable, the Inter-American Bank, the Asian Development Bank, the European Bank for Reconstruction and Development, the African Development Bank, and the African Development Fund; and ``(3) any similar institution established after the date of enactment of this section.''.SEC. 328. ANTITERRORISM ASSISTANCE. (a) Foreign Assistance Act.--Section 573 of the Foreign Assistance Act of 1961 (22 U.S.C. 2349aa-2) is amended-- (1) in subsection (c), by striking ``development and implementation of the antiterrorism assistance program under this chapter, including''; (2) by amending subsection (d) to read as follows: ``(d)(1) Arms and ammunition may be provided under this chapter only if they are directly related to antiterrorism assistance. ``(2) The value (in terms of original acquisition cost) of all equipment and commodities provided under this chapter in any fiscal year shall not exceed 30 percent of the funds made available to carry out this chapter for that fiscal year.''; and (3) by striking subsection (f). (b) Assistance to Foreign Countries To Procure Explosives Detection Devices and Other Counterterrorism Technology.--(1) Subject to section 575(b), up to $3,000,000 in any fiscal year may be made available-- (A) to procure explosives detection devices and other counterterrorism technology; and (B) for joint counterterrorism research and development projects on such technology conducted with NATO and major non- NATO allies under the auspices of the Technical Support Working Group of the Department of State. (2) As used in this subsection, the term ``major non-NATO allies'' means those countries designated as major non-NATO allies for purposes of section 2350a(i)(3) of title 10, United States Code.[[Page 110 STAT. 1258]] (c) Assistance to Foreign Countries.--Notwithstanding any other provision of law (except section 620A of the Foreign Assistance Act of 1961) up to $1,000,000 in assistance may be provided to a foreign country for counterterrorism efforts in any fiscal year if-- (1) such assistance is provided for the purpose of protecting the property of the United States Government or the life and property of any United States citizen, or furthering the apprehension of any individual involved in any act of terrorism against such property or persons; and (2) the appropriate committees of Congress are notified not later than 15 days prior to the provision of such assistance.SEC. 329. DEFINITION OF ASSISTANCE. For purposes of this title-- (1) the term ``assistance'' means assistance to or for the benefit of a government of any country that is provided by grant, concessional sale, guaranty, insurance, or by any other means on terms more favorable than generally available in the applicable market, whether in the form of a loan, lease, credit, debt relief, or otherwise, including subsidies for exports to such country and favorable tariff treatment of articles that are the growth, product, or manufacture of such country; and (2) the term ``assistance'' does not include assistance of the type authorized under chapter 9 of part 1 of the Foreign Assistance Act of 1961 (relating to international disaster assistance).SEC. 330. PROHIBITION ON ASSISTANCE UNDER ARMS EXPORT CONTROL ACT FOR COUNTRIES NOT COOPERATING FULLY WITH UNITED STATES ANTITERRORISM EFFORTS. Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is amended by adding at the end the following: ``Sec. 40A. Transactions With Countries Not Fully Cooperating With United States Antiterrorism Efforts.-- ``(a) Prohibited Transactions.--No defense article or defense service may be sold or licensed for export under this Act in a fiscal year to a foreign country that the President determines and certifies to Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with United States antiterrorism efforts. ``(b) Waiver.--The President may waive the prohibition set forth in subsection (a) with respect to a specific transaction if the President determines that the transaction is important to the national interests of the United States.''. TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION Subtitle A--Removal of Alien TerroristsSEC. 401. ALIEN TERRORIST REMOVAL. (a) In General.--The Immigration and Nationality Act is amended by adding at the end the following new title:[[Page 110 STAT. 1259]] ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES``SEC. 501. DEFINITIONS. ``As used in this title-- ``(1) the term `alien terrorist' means any alien described in section 241(a)(4)(B); ``(2) the term `classified information' has the same meaning as in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.); ``(3) the term `national security' has the same meaning as in section 1(b) of the Classified Information Procedures Act (18 U.S.C. App.); ``(4) the term `removal court' means the court described in section 502; ``(5) the term `removal hearing' means the hearing described in section 504; and ``(6) the term `removal proceeding' means a proceeding under this title.``SEC. 502. ESTABLISHMENT OF REMOVAL COURT. ``(a) Designation of Judges.--The Chief Justice of the United States shall publicly designate 5 district court judges from 5 of the United States judicial circuits who shall constitute a court that shall have jurisdiction to conduct all removal proceedings. The Chief Justice may, in the Chief Justice's discretion, designate the same judges under this section as are designated pursuant to section 103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(a)). ``(b) Terms.--Each judge designated under subsection (a) shall serve for a term of 5 years and shall be eligible for redesignation, except that of the members first designated-- ``(1) 1 member shall serve for a term of 1 year; ``(2) 1 member shall serve for a term of 2 years; ``(3) 1 member shall serve for a term of 3 years; and ``(4) 1 member shall serve for a term of 4 years. ``(c) Chief Judge.-- ``(1) Designation.--The Chief Justice shall publicly designate one of the judges of the removal court to be the chief judge of the removal court. ``(2) Responsibilities.--The chief judge shall-- ``(A) promulgate rules to facilitate the functioning of the removal court; and ``(B) assign the consideration of cases to the various judges on the removal court. ``(d) Expeditious and Confidential Nature of Proceedings.--The provisions of section 103(c) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(c)) shall apply to removal proceedings in the same manner as they apply to proceedings under that Act.``SEC. 503. REMOVAL COURT PROCEDURE. ``(a) Application.-- ``(1) In general.--In any case in which the Attorney General has classified information that an alien is an alien terrorist, the Attorney General may seek removal of the alien under[[Page 110 STAT. 1260]] this title by filing an application with the removal court that contains-- ``(A) the identity of the attorney in the Department of Justice making the application; ``(B) a certification by the Attorney General or the Deputy Attorney General that the application satisfies the criteria and requirements of this section; ``(C) the identity of the alien for whom authorization for the removal proceeding is sought; and ``(D) a statement of the facts and circumstances relied on by the Department of Justice to establish probable cause that-- ``(i) the alien is an alien terrorist; ``(ii) the alien is physically present in the United States; and ``(iii) with respect to such alien, removal under title II would pose a risk to the national security of the United States. ``(2) Filing.--An application under this section shall be submitted ex parte and in camera, and shall be filed under seal with the removal court. ``(b) Right To Dismiss.--The Attorney General may dismiss a removal action under this title at any stage of the proceeding. ``(c) Consideration of Application.-- ``(1) Basis for decision.--In determining whether to grant an application under this section, a single judge of the removal court may consider, ex parte and in camera, in addition to the information contained in the application-- ``(A) other information, including classified information, presented under oath or affirmation; and ``(B) testimony received in any hearing on the application, of which a verbatim record shall be kept. ``(2) Approval of order.--The judge shall issue an order granting the application, if the judge finds that there is probable cause to believe that-- ``(A) the alien who is the subject of the application has been correctly identified and is an alien terrorist present in the United States; and ``(B) removal under title II would pose a risk to the national security of the United States. ``(3) Denial of order.--If the judge denies the order requested in the application, the judge shall prepare a written statement of the reasons for the denial, taking all necessary precautions not to disclose any classified information contained in the Government's application. ``(d) Exclusive Provisions.--If an order is issued under this section granting an application, the rights of the alien regarding removal and expulsion shall be governed solely by this title, and except as they are specifically referenced in this title, no other provisions of this Act shall be applicable.``SEC. 504. REMOVAL HEARING. ``(a) In General.-- ``(1) Expeditious hearing.--In any case in which an application for an order is approved under section 503(c)(2), a removal hearing shall be conducted under this section as expeditiously as practicable for the purpose of determining[[Page 110 STAT. 1261]] whether the alien to whom the order pertains should be removed from the United States on the grounds that the alien is an alien terrorist. ``(2) Public hearing.--The removal hearing shall be open to the public. ``(b) Notice.--An alien who is the subject of a removal hearing under this title shall be given reasonable notice of-- ``(1) the nature of the charges against the alien, including a general account of the basis for the charges; and ``(2) the time and place at which the hearing will be held. ``(c) Rights in Hearing.-- ``(1) Right of counsel.--The alien shall have a right to be present at such hearing and to be represented by counsel. Any alien financially unable to obtain counsel shall be entitled to have counsel assigned to represent the alien. Such counsel shall be appointed by the judge pursuant to the plan for furnishing representation for any person financially unable to obtain adequate representation for the district in which the hearing is conducted, as provided for in section 3006A of title 18, United States Code. All provisions of that section shall apply and, for purposes of determining the maximum amount of compensation, the matter shall be treated as if a felony was charged. ``(2) Introduction of evidence.--Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to introduce evidence on the alien's own behalf. ``(3) Examination of witnesses.--Subject to the limitations in subsection (e), the alien shall have a reasonable opportunity to examine the evidence against the alien and to cross-examine any witness. ``(4) Record.--A verbatim record of the proceedings and of all testimony and evidence offered or produced at such a hearing shall be kept. ``(5) Removal decision based on evidence at hearing.--The decision of the judge regarding removal shall be based only on that evidence introduced at the removal hearing. ``(d) Subpoenas.-- ``(1) Request.--At any time prior to the conclusion of the removal hearing, either the alien or the Department of Justice may request the judge to issue a subpoena for the presence of a named witness (which subpoena may also command the person to whom it is directed to produce books, papers, documents, or other objects designated therein) upon a satisfactory showing that the presence of the witness is necessary for the determination of any material matter. Such a request may be made ex parte except that the judge shall inform the Department of Justice of any request for a subpoena by the alien for a witness or material if compliance with such a subpoena would reveal classified evidence or the source of that evidence. The Department of Justice shall be given a reasonable opportunity to oppose the issuance of such a subpoena. ``(2) Payment for attendance.--If an application for a subpoena by the alien also makes a showing that the alien is financially unable to pay for the attendance of a witness so requested, the court may order the costs incurred by the process and the fees of the witness so subpoenaed to be paid from funds appropriated for the enforcement of title II.[[Page 110 STAT. 1262]] ``(3) Nationwide service.--A subpoena under this subsection may be served anywhere in the United States. ``(4) Witness fees.--A witness subpoenaed under this subsection shall receive the same fees and expenses as a witness subpoenaed in connection with a civil proceeding in a court of the United States. ``(5) No access to classified information.--Nothing in this subsection is intended to allow an alien to have access to classified information. ``(e) Discovery.-- ``(1) In general.--For purposes of this title-- ``(A) discovery of information derived pursuant to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), or otherwise collected for national security purposes, shall not be authorized if disclosure would present a risk to the national security of the United States; ``(B) an alien subject to removal under this title shall not be entitled to suppress evidence that the alien alleges was unlawfully obtained; and ``(C) section 3504 of title 18, United States Code, and section 1806(c) of title 50, United States Code, shall not apply if the Attorney General determines that public disclosure would pose a risk to the national security of the United States because it would disclose classified information or otherwise threaten the integrity of a pending investigation. ``(2) Protective orders.--Nothing in this title shall prevent the United States from seeking protective orders and from asserting privileges ordinarily available to the United States to protect against the disclosure of classified information, including the invocation of the military and State secrets privileges. ``(3) Treatment of classified information.-- ``(A) Use.--The judge shall examine, ex parte and in camera, any evidence for which the Attorney General determines that public disclosure would pose a risk to the national security of the United States or to the security of any individual because it would disclose classified information. ``(B) Submission.--With respect to such information, the Government shall submit to the removal court an unclassified summary of the specific evidence that does not pose that risk. ``(C) Approval.--Not later than 15 days after submission, the judge shall approve the summary if the judge finds that it is sufficient to enable the alien to prepare a defense. The Government shall deliver to the alien a copy of the unclassified summary approved under this subparagraph. ``(D) Disapproval.-- ``(i) In general.--If an unclassified summary is not approved by the removal court under subparagraph (C), the Government shall be afforded 15 days to correct the deficiencies identified by the court and submit a revised unclassified summary. ``(ii) Revised summary.--If the revised unclassified summary is not approved by the court within 15 days[[Page 110 STAT. 1263]] of its submission pursuant to subparagraph (C), the removal hearing shall be terminated. ``(f) Arguments.--Following the receipt of evidence, the Government and the alien shall be given fair opportunity to present argument as to whether the evidence is sufficient to justify the removal of the alien. The Government shall open the argument. The alien shall be permitted to reply. The Government shall then be permitted to reply in rebuttal. ``(g) Burden of Proof.--In the hearing, it is the Government's burden to prove, by the preponderance of the evidence, that the alien is subject to removal because the alien is an alien terrorist. ``(h) Rules of Evidence.--The Federal Rules of Evidence shall not apply in a removal hearing. ``(i) Determination of Deportation.--If the judge, after considering the evidence on the record as a whole, finds that the Government has met its burden, the judge shall order the alien removed and detained pending removal from the United States. If the alien was released pending the removal hearing, the judge shall order the Attorney General to take the alien into custody. ``(j) Written Order.--At the time of issuing a decision as to whether the alien shall be removed, the judge shall prepare a written order containing a statement of facts found and conclusions of law. ``(k) No Right to Ancillary Relief.--At no time shall the judge consider or provide for relief from removal based on-- ``(1) asylum under section 208; ``(2) withholding of deportation under section 243(h); ``(3) suspension of deportation under subsection (a) or (e) of section 244; ``(4) adjustment of status under section 245; or ``(5) registry under section 249.``SEC. 505. APPEALS. ``(a) Appeal of Denial of Application for Removal Proceedings.-- ``(1) In general.--The Attorney General may seek a review of the denial of an order sought in an application filed pursuant to section 503. The appeal shall be filed in the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date of such denial. ``(2) Record on appeal.--The entire record of the proceeding shall be transmitted to the Court of Appeals under seal, and the Court of Appeals shall hear the matter ex parte. ``(3) Standard of review.--The Court of Appeals shall-- ``(A) review questions of law de novo; and ``(B) set aside a finding of fact only if such finding was clearly erroneous. ``(b) Appeal of Determination Regarding Summary of Classified Information.-- ``(1) In general.--The United States may take an interlocutory appeal to the United States Court of Appeals for the District of Columbia Circuit of-- ``(A) any determination by the judge pursuant to section 504(e)(3); or ``(B) the refusal of the court to make the findings permitted by section 504(e)(3).[[Page 110 STAT. 1264]] ``(2) Record.--In any interlocutory appeal taken pursuant to this subsection, the entire record, including any proposed order of the judge, any classified information and the summary of evidence, shall be transmitted to the Court of Appeals. The classified information shall be transmitted under seal. A verbatim record of such appeal shall be kept under seal in the event of any other judicial review. ``(c) Appeal of Decision in Hearing.-- ``(1) In general.--The decision of the judge after a removal hearing may be appealed by either the alien or the Attorney General to the United States Court of Appeals for the District of Columbia Circuit by notice of appeal filed not later than 20 days after the date on which the order is issued. The order shall not be enforced during the pendency of an appeal under this subsection. ``(2) Transmittal of record.--In an appeal or review to the Court of Appeals pursuant to this subsection-- ``(A) the entire record shall be transmitted to the Court of Appeals; and ``(B) information received in camera and ex parte, and any portion of the order that would reveal the substance or source of such information, shall be transmitted under seal. ``(3) Expedited appellate proceeding.--In an appeal or review to the Court of Appeals under this subsection-- ``(A) the appeal or review shall be heard as expeditiously as practicable and the court may dispense with full briefing and hear the matter solely on the record of the judge of the removal court and on such briefs or motions as the court may require to be filed by the parties; ``(B) the Court of Appeals shall issue an opinion not later than 60 days after the date of the issuance of the final order of the district court; ``(C) the court shall review all questions of law de novo; and ``(D) a finding of fact shall be accorded deference by the reviewing court and shall not be set aside unless such finding was clearly erroneous. ``(d) Certiorari.--Following a decision by the Court of Appeals pursuant to subsection (c), the alien or the Attorney General may petition the Supreme Court for a writ of certiorari. In any such case, any information transmitted to the Court of Appeals under seal shall, if such information is also submitted to the Supreme Court, be transmitted under seal. Any order of removal shall not be stayed pending disposition of a writ of certiorari, except as provided by the Court of Appeals or a Justice of the Supreme Court. ``(e) Appeal of Detention Order.-- ``(1) In general.--Sections 3145 through 3148 of title 18, United States Code, pertaining to review and appeal of a release or detention order, penalties for failure to appear, penalties for an offense committed while on release, and sanctions for violation of a release condition shall apply to an alien to whom section 507(b)(1) applies. In applying the previous sentence-- ``(A) for purposes of section 3145 of such title an appeal shall be taken to the United States Court of Appeals for the District of Columbia Circuit; and[[Page 110 STAT. 1265]] ``(B) for purposes of section 3146 of such title the alien shall be considered released in connection with a charge of an offense punishable by life imprisonment. ``(2) No review of continued detention.--The determinations and actions of the Attorney General pursuant to section 507(b)(2)(C) shall not be subject to judicial review, including application for a writ of habeas corpus, except for a claim by the alien that continued detention violates the alien's rights under the Constitution. Jurisdiction over any such challenge shall lie exclusively in the United States Court of Appeals for the District of Columbia Circuit.``SEC. 506. CUSTODY AND RELEASE PENDING REMOVAL HEARING. ``(a) Upon Filing Application.-- ``(1) In general.--Subject to paragraphs (2) and (3), the Attorney General may-- ``(A) take into custody any alien with respect to whom an application under section 503 has been filed; and ``(B) retain such an alien in custody in accordance with the procedures authorized by this title. ``(2) Special rules for permanent resident aliens.-- ``(A) Release hearing.--An alien lawfully admitted for permanent residence shall be entitled to a release hearing before the judge assigned to hear the removal hearing. Such an alien shall be detained pending the removal hearing, unless the alien demonstrates to the court that the alien-- ``(i) is a person lawfully admitted for permanent residence in the United States; ``(ii) if released upon such terms and conditions as the court may prescribe (including the posting of any monetary amount), is not likely to flee; and ``(iii) will not endanger national security, or the safety of any person or the community, if released. ``(B) Information considered.--The judge may consider classified information submitted in camera and ex parte in making a determination whether to release an alien pending the removal hearing. ``(3) Release if order denied and no review sought.-- ``(A) In general.--Subject to subparagraph (B), if a judge of the removal court denies the order sought in an application filed pursuant to section 503, and the Attorney General does not seek review of such denial, the alien shall be released from custody. ``(B) Application of regular procedures.-- Subparagraph (A) shall not prevent the arrest and detention of the alien pursuant to title II. ``(b) Conditional Release if Order Denied and Review Sought.-- ``(1) In general.--If a judge of the removal court denies the order sought in an application filed pursuant to section 503 and the Attorney General seeks review of such denial, the judge shall release the alien from custody subject to the least restrictive condition, or combination of conditions, of release described in section 3142(b) and clauses (i) through (xiv) of section 3142(c)(1)(B) of title 18, United States Code, that--[[Page 110 STAT. 1266]] ``(A) will reasonably assure the appearance of the alien at any future proceeding pursuant to this title; and ``(B) will not endanger the safety of any other person or the community. ``(2) No release for certain aliens.--If the judge finds no such condition or combination of conditions, as described in paragraph (1), the alien shall remain in custody until the completion of any appeal authorized by this title.``SEC. 507. CUSTODY AND RELEASE AFTER REMOVAL HEARING. ``(a) Release.-- ``(1) In general.--Subject to paragraph (2), if the judge decides that an alien should not be removed, the alien shall be released from custody. ``(2) Custody pending appeal.--If the Attorney General takes an appeal from such decision, the alien shall remain in custody, subject to the provisions of section 3142 of title 18, United States Code. ``(b) Custody and Removal.-- ``(1) Custody.--If the judge decides that an alien shall be removed, the alien shall be detained pending the outcome of any appeal. After the conclusion of any judicial review thereof which affirms the removal order, the Attorney General shall retain the alien in custody and remove the alien to a country specified under paragraph (2). ``(2) Removal.-- ``(A) In general.--The removal of an alien shall be to any country which the alien shall designate if such designation does not, in the judgment of the Attorney General, in consultation with the Secretary of State, impair the obligation of the United States under any treaty (including a treaty pertaining to extradition) or otherwise adversely affect the foreign policy of the United States. ``(B) Alternate countries.--If the alien refuses to designate a country to which the alien wishes to be removed or if the Attorney General, in consultation with the Secretary of State, determines that removal of the alien to the country so designated would impair a treaty obligation or adversely affect United States foreign policy, the Attorney General shall cause the alien to be removed to any country willing to receive such alien. ``(C) Continued detention.--If no country is willing to receive such an alien, the Attorney General may, notwithstanding any other provision of law, retain the alien in custody. The Attorney General, in coordination with the Secretary of State, shall make periodic efforts to reach agreement with other countries to accept such an alien and at least every 6 months shall provide to the attorney representing the alien at the removal hearing a written report on the Attorney General's efforts. Any alien in custody pursuant to this subparagraph shall be released from custody solely at the discretion of the Attorney General and subject to such conditions as the Attorney General shall deem appropriate. ``(D) Fingerprinting.--Before an alien is removed from the United States pursuant to this subsection, or pursuant to an order of exclusion because such alien is excludable[[Page 110 STAT. 1267]] under section 212(a)(3)(B), the alien shall be photographed and fingerprinted, and shall be advised of the provisions of section 276(b). ``(c) Continued Detention Pending Trial.-- ``(1) Delay in removal.--The Attorney General may hold in abeyance the removal of an alien who has been ordered removed, pursuant to this title, to allow the trial of such alien on any Federal or State criminal charge and the service of any sentence of confinement resulting from such a trial. ``(2) Maintenance of custody.--Pending the commencement of any service of a sentence of confinement by an alien described in paragraph (1), such an alien shall remain in the custody of the Attorney General, unless the Attorney General determines that temporary release of the alien to the custody of State authorities for confinement in a State facility is appropriate and would not endanger national security or public safety. ``(3) Subsequent removal.--Following the completion of a sentence of confinement by an alien described in paragraph (1), or following the completion of State criminal proceedings which do not result in a sentence of confinement of an alien released to the custody of State authorities pursuant to paragraph (2), such an alien shall be returned to the custody of the Attorney General who shall proceed to the removal of the alien under this title. ``(d) Application of Certain Provisions Relating to Escape of Prisoners.--For purposes of sections 751 and 752 of title 18, United States Code, an alien in the custody of the Attorney General pursuant to this title shall be subject to the penalties provided by those sections in relation to a person committed to the custody of the Attorney General by virtue of an arrest on a charge of a felony. ``(e) Rights of Aliens in Custody.-- ``(1) Family and attorney visits.--An alien in the custody of the Attorney General pursuant to this title shall be given reasonable opportunity, as determined by the Attorney General, to communicate with and receive visits from members of the alien's family, and to contact, retain, and communicate with an attorney. ``(2) Diplomatic contact.--An alien in the custody of the Attorney General pursuant to this title shall have the right to contact an appropriate diplomatic or consular official of the alien's country of citizenship or nationality or of any country providing representation services therefore. The Attorney General shall notify the appropriate embassy, mission, or consular office of the alien's detention.''. (b) Jurisdiction Over Exclusion Orders for Alien Terrorists.--Section 106(b) of the Immigration and Nationality Act (8 U.S.C. 1105a(b)) is amended by adding at the end the following sentence: ``Jurisdiction to review an order entered pursuant to the provisions of section 235(c) concerning an alien excludable under section 212(a)(3)(B) shall rest exclusively in the United States Court of Appeals for the District of Columbia Circuit.''. (c) Criminal Penalty for Reentry of Alien Terrorists.--Section 276(b) of such Act (8 U.S.C. 1326(b)) is amended-- (1) by striking ``or'' at the end of paragraph (1),[[Page 110 STAT. 1268]] (2) by striking the period at the end of paragraph (2) and inserting ``; or'', and (3) by inserting after paragraph (2) the following new paragraph: ``(3) who has been excluded from the United States pursuant to section 235(c) because the alien was excludable under section 212(a)(3)(B) or who has been removed from the United States pursuant to the provisions of title V, and who thereafter, without the permission of the Attorney General, enters the United States, or attempts to do so, shall be fined under title 18, United States Code, and imprisoned for a period of 10 years, which sentence shall not run concurrently with any other sentence.''. (d) Table of Contents.--The Immigration and Nationality Act is amended by adding at the end of the table of contents the following: ``TITLE V--ALIEN TERRORIST REMOVAL PROCEDURES``Sec. 501. Definitions.``Sec. 502. Establishment of removal court.``Sec. 503. Removal court procedure.``Sec. 504. Removal hearing.``Sec. 505. Appeals.``Sec. 506. Custody and release pending removal hearing.``Sec. 507. Custody and release after removal hearing.''. (e) Elimination of Custody Review by Habeas Corpus.--Section 106(a) of the Immigration and Nationality Act (8 U.S.C. 1105a(a)) is amended-- (1) in paragraph (8), by adding ``and'' at the end; (2) in paragraph (9), by striking ``; and'' at the end and inserting a period; and (3) by striking paragraph (10). (f) Effective Date.--The amendments made by this section shall take effect on the date of enactment of this Act and shall apply to all aliens without regard to the date of entry or attempted entry into the United States. Subtitle B--Exclusion of Members and Representatives of Terrorist OrganizationsSEC. 411. EXCLUSION OF ALIEN TERRORISTS. Section 212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)) is amended-- (1) in clause (i)-- (A) in subclause (I), by striking ``or'' at the end; (B) in subclause (II), by inserting ``is engaged in or'' after ``believe,''; and (C) by inserting after subclause (II) the following: ``(III) is a representative (as defined in clause (iv)) of a foreign terrorist organization, as designated by the Secretary under section 219, or ``(IV) is a member of a foreign terrorist organization, as designated by the Secretary under section 219,''; and (2) by adding at the end the following: ``(iv) Representative defined.--As used in this paragraph, the term `representative' includes an officer,[[Page 110 STAT. 1269]] official, or spokesman of an organization, and any person who directs, counsels, commands, or induces an organization or its members to engage in terrorist activity.''.SEC. 412. WAIVER AUTHORITY CONCERNING NOTICE OF DENIAL OF APPLICATION FOR VISAS. Section 212(b) of the Immigration and Nationality Act (8 U.S.C. 1182(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and indenting each new subparagraph 2 ems to the right; (2) by striking ``If'' and inserting ``(1) Subject to paragraphs (2) and (3), if''; and (3) by adding at the end the following new paragraphs: ``(2) The Secretary of State may waive the requirements of paragraph (1) with respect to a particular alien or any class or classes of excludable aliens. ``(3) Paragraph (1) does not apply to any alien excludable under paragraph (2) or (3) of subsection (a).''.SEC. 413. DENIAL OF OTHER RELIEF FOR ALIEN TERRORISTS. (a) Withholding of Deportation.--Section 243(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1253(h)(2)) is amended by adding at the end the following new sentence: ``For purposes of subparagraph (D), an alien who is described in section 241(a)(4)(B) shall be considered to be an alien for whom there are reasonable grounds for regarding as a danger to the security of the United States.''. (b) Suspension of Deportation.--Section 244(a) of such Act (8 U.S.C. 1254(a)) is amended by striking ``section 241(a)(4)(D)'' and inserting ``subparagraph (B) or (D) of section 241(a)(4)''. (c) Voluntary Departure.--Section 244(e)(2) of such Act (8 U.S.C. 1254(e)(2)) is amended by inserting ``under section 241(a)(4)(B) or'' after ``who is deportable''. (d) Adjustment of Status.--Section 245(c) of such Act (8 U.S.C. 1255(c)) is amended-- (1) by striking ``or'' before ``(5)'', and (2) by inserting before the period at the end the following: ``, or (6) an alien who is deportable under section 241(a)(4)(B)''. (e) Registry.--Section 249(d) of such Act (8 U.S.C. 1259(d)) is amended by inserting ``and is not deportable under section 241(a)(4)(B)'' after ``ineligible to citizenship''. (f) Waiver.--Section 243(h) of such Act (8 U.S.C. 1253(h)) is amended by adding at the end the following: ``(3) Notwithstanding any other provision of law, paragraph (1) shall apply to any alien if the Attorney General determines, in the discretion of the Attorney General, that-- ``(A) such alien's life or freedom would be threatened, in the country to which such alien would be deported or returned, on account of race, religion, nationality, membership in a particular social group, or political opinion; and ``(B) the application of paragraph (1) to such alien is necessary to ensure compliance with the 1967 United Nations Protocol Relating to the Status of Refugees.''. (g) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and[[Page 110 STAT. 1270]]shall apply to applications filed before, on, or after such date if final action has not been taken on them before such date.SEC. 414. EXCLUSION OF ALIENS WHO HAVE NOT BEEN INSPECTED AND ADMITTED. (a) In General.--Section 241 of the Immigration and Nationality Act (8 U.S.C. 1251) is amended by adding at the end the following new subsection: ``(d) Notwithstanding any other provision of this title, an alien found in the United States who has not been admitted to the United States after inspection in accordance with section 235 is deemed for purposes of this Act to be seeking entry and admission to the United States and shall be subject to examination and exclusion by the Attorney General under chapter 4. In the case of such an alien the Attorney General shall provide by regulation an opportunity for the alien to establish that the alien was so admitted.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. Subtitle C--Modification to Asylum ProceduresSEC. 421. DENIAL OF ASYLUM TO ALIEN TERRORISTS. (a) In General.--Section 208(a) of the Immigration and Nationality Act (8 U.S.C. 1158(a)) is amended by adding at the end the following: ``The Attorney General may not grant an alien asylum if the Attorney General determines that the alien is excludable under subclause (I), (II), or (III) of section 212(a)(3)(B)(i) or deportable under section 241(a)(4)(B), unless the Attorney General determines, in the discretion of the Attorney General, that there are not reasonable grounds for regarding the alien as a danger to the security of the United States.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and apply to asylum determinations made on or after such date.SEC. 422. INSPECTION AND EXCLUSION BY IMMIGRATION OFFICERS. (a) In General.--Subsection (b) of section 235 of the Immigration and Nationality Act (8 U.S.C. 1225) is amended to read as follows: ``(b)(1)(A) If the examining immigration officer determines that an alien seeking entry-- ``(i) is excludable under section 212(a)(6)(C) or 212(a)(7), and ``(ii) does not indicate either an intention to apply for asylum under section 208 or a fear of persecution,the officer shall order the alien excluded from the United States without further hearing or review. ``(B) The examining immigration officer shall refer for an interview by an asylum officer under subparagraph (C) any alien who is excludable under section 212(a)(6)(C) or 212(a)(7) and has indicated an intention to apply for asylum under section 208 or a fear of persecution.[[Page 110 STAT. 1271]] ``(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[[Page 110 STAT. 1272]]to take the alien whose privilege to enter is so challenged, before a special inquiry officer for a hearing on exclusion of the alien.''. (b) Conforming Amendment.--Section 237(a) of such Act (8 U.S.C. 1227(a)) is amended-- (1) in the second sentence of paragraph (1), by striking ``Deportation'' and inserting ``Subject to section 235(b)(1), deportation'', and (2) in the first sentence of paragraph (2), by striking ``If'' and inserting ``Subject to section 235(b)(1), if''. (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month that begins more than 180 days after the date of the enactment of this Act.SEC. 423. JUDICIAL REVIEW. (a) Preclusion of Judicial Review.--Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a) is amended-- (1) by amending the section heading to read as follows: ``judicial review of orders of deportation and exclusion, and special exclusion''; and (2) by adding at the end the following new subsection: ``(e)(1) Notwithstanding any other provision of law, and except as provided in this subsection, no court shall have jurisdiction to review any individual determination, or to entertain any other cause or claim, arising from or relating to the implementation or operation of section 235(b)(1). Regardless of the nature of the action or claim, or the party or parties bringing the action, no court shall have jurisdiction or authority to enter declaratory, injunctive, or other equitable relief not specifically authorized in this subsection nor to certify a class under Rule 23 of the Federal Rules of Civil Procedure. ``(2) Judicial review of any cause, claim, or individual determination covered under paragraph (1) shall only be available in habeas corpus proceedings, and shall be limited to determinations of-- ``(A) whether the petitioner is an alien, if the petitioner makes a showing that the petitioner's claim of United States nationality is not frivolous; ``(B) whether the petitioner was ordered specially excluded under section 235(b)(1)(A); and ``(C) whether the petitioner can prove by a preponderance of the evidence that the petitioner is an alien lawfully admitted for permanent residence and is entitled to such review as is provided by the Attorney General pursuant to section 235(b)(1)(E)(i). ``(3) In any case where the court determines that an alien was not ordered specially excluded, or was not properly subject to special exclusion under the regulations adopted by the Attorney General, the court may order no relief beyond requiring that the alien receive a hearing in accordance with section 236, or a determination in accordance with section 235(c) or 273(d). ``(4) In determining whether an alien has been ordered specially excluded, the court's inquiry shall be limited to whether such an order was in fact issued and whether it relates to the petitioner.''. (b) Preclusion of Collateral Attacks.--Section 235 of such Act (8 U.S.C. 1225) is amended by adding at the end the following new subsection:[[Page 110 STAT. 1273]] ``(d) In any action brought for the assessment of penalties for improper entry or re-entry of an alien under section 275 or section 276, no court shall have jurisdiction to hear claims collaterally attacking the validity of orders of exclusion, special exclusion, or deportation entered under this section or sections 236 and 242.''. (c) Clerical Amendment.--The item relating to section 106 in the table of contents of such Act is amended to read as follows:``Sec. 106. Judicial review of orders of deportation and exclusion, and special exclusion.''. Subtitle D--Criminal Alien Procedural ImprovementsSEC. 431. ACCESS TO CERTAIN CONFIDENTIAL IMMIGRATION AND NATURALIZATION FILES THROUGH COURT ORDER. (a) Confidentiality of Information.--Section 245A(c)(5) of the Immigration and Nationality Act (8 U.S.C. 1255a(c)(5)) is amended-- (1) by inserting ``(i)'' after ``except the Attorney General''; and (2) by inserting after ``Title 13'' the following: ``and (ii) may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant, an order authorizing disclosure of information contained in the application of the alien to be used-- ``(I) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; or ``(II) for criminal law enforcement purposes against the alien whose application is to be disclosed.''. (b) Applications for Adjustment of Status.--Section 210(b) of the Immigration and Nationality Act (8 U.S.C. 1160(b)) is amended-- (1) in paragraph (5), by inserting ``, except as allowed by a court order issued pursuant to paragraph (6) of this subsection'' after ``consent of the alien''; and (2) in paragraph (6), by inserting the following sentence before ``Anyone who uses'': ``Notwithstanding the preceding sentence, the Attorney General may authorize an application to a Federal court of competent jurisdiction for, and a judge of such court may grant an order authorizing, disclosure of information contained in the application of the alien to be used for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated, or for criminal law enforcement purposes against the alien whose application is to be disclosed or to discover information leading to the location or identity of the alien.''.SEC. 432. CRIMINAL ALIEN IDENTIFICATION SYSTEM. Section 130002(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) is amended to read as follows: ``(a) Operation and Purpose.--The Commissioner of Immigration and Naturalization shall, under the authority of section 242(a)(3)(A) of the Immigration and Nationality Act (8 U.S.C. 1252(a)(3)(A)), operate a criminal alien identification system. The[[Page 110 STAT. 1274]]criminal alien identification system shall be used to assist Federal, State, and local law enforcement agencies in identifying and locating aliens who may be subject to deportation by reason of their conviction of aggravated felonies.''.SEC. 433. ESTABLISHING CERTAIN ALIEN SMUGGLING-RELATED CRIMES AS RICO- PREDICATE OFFENSES. Section 1961(1) of title 18, United States Code, is amended-- (1) by inserting ``section 1028 (relating to fraud and related activity in connection with identification documents) if the act indictable under section 1028 was committed for the purpose of financial gain,'' before ``section 1029''; (2) by inserting ``section 1542 (relating to false statement in application and use of passport) if the act indictable under section 1542 was committed for the purpose of financial gain, section 1543 (relating to forgery or false use of passport) if the act indictable under section 1543 was committed for the purpose of financial gain, section 1544 (relating to misuse of passport) if the act indictable under section 1544 was committed for the purpose of financial gain, section 1546 (relating to fraud and misuse of visas, permits, and other documents) if the act indictable under section 1546 was committed for the purpose of financial gain, sections 1581-1588 (relating to peonage and slavery),'' after ``section 1513 (relating to retaliating against a witness, victim, or an informant),''; (3) by striking ``or'' before ``(E)''; and (4) by inserting before the period at the end the following: ``, or (F) any act which is indictable under the Immigration and Nationality Act, section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) if the act indictable under such section of such Act was committed for the purpose of financial gain''.SEC. 434. AUTHORITY FOR ALIEN SMUGGLING INVESTIGATIONS. Section 2516(1) of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (n), (2) by redesignating paragraph (o) as paragraph (p), and (3) by inserting after paragraph (n) the following new paragraph: ``(o) a felony violation of section 1028 (relating to production of false identification documents), section 1542 (relating to false statements in passport applications), section 1546 (relating to fraud and misuse of visas, permits, and other documents) of this title or a violation of section 274, 277, or 278 of the Immigration and Nationality Act (relating to the smuggling of aliens); or''.SEC. 435. EXPANSION OF CRITERIA FOR DEPORTATION FOR CRIMES OF MORAL TURPITUDE. (a) In General.--Section 241(a)(2)(A)(i)(II) of the Immigration and Nationality Act (8 U.S.C. 1251(a)(2)(A)(i)(II)) is amended to read as follows: ``(II) is convicted of a crime for which a sentence of one year or longer may be imposed,''.[[Page 110 STAT. 1275]] (b) Effective Date.--The amendment made by subsection (a) shall apply to aliens against whom deportation proceedings are initiated after the date of the enactment of this Act.SEC. 436. MISCELLANEOUS PROVISIONS. (a) Use of Electronic and Telephonic Media in Deportation Hearings.--The second sentence of section 242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by inserting before the period the following: ``; except that nothing in this subsection shall preclude the Attorney General from authorizing proceedings by electronic or telephonic media (with the consent of the alien) or, where waived or agreed to by the parties, in the absence of the alien''. (b) Codification.-- (1) Section 242(i) of such Act (8 U.S.C. 1252(i)) is amended by adding at the end the following: ``Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.''. (2) Section 225 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416) is amended by striking ``and nothing in'' and all that follows through ``1252(i))''. (3) The amendments made by this subsection shall take effect as if included in the enactment of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416).SEC. 437. INTERIOR REPATRIATION PROGRAM. Not later than 180 days after the date of enactment of this Act, the Attorney General and the Commissioner of Immigration and Naturalization shall develop and implement a program in which aliens who previously have illegally entered the United States not less than 3 times and are deported or returned to a country contiguous to the United States will be returned to locations not less than 500 kilometers from that country's border with the United States.SEC. 438. DEPORTATION OF NONVIOLENT OFFENDERS PRIOR TO COMPLETION OF SENTENCE OF IMPRISONMENT. (a) In General.--Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 1252(h)) is amended to read as follows: ``(h)(1) Except as provided in paragraph (2), an alien sentenced to imprisonment may not be deported until such imprisonment has been terminated by the release of the alien from confinement. Parole, supervised release, probation, or possibility of rearrest or further confinement in respect of the same offense shall not be a ground for deferral of deportation. ``(2) The Attorney General is authorized to deport an alien in accordance with applicable procedures under this Act prior to the completion of a sentence of imprisonment-- ``(A) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), and (ii) such deportation of the alien is appropriate and in the best interest of the United States; or[[Page 110 STAT. 1276]] ``(B) in the case of an alien in the custody of a State (or a political subdivision of a State), if the chief State official exercising authority with respect to the incarceration of the alien determines that (i) the alien is confined pursuant to a final conviction for a nonviolent offense (other than alien smuggling), (ii) such deportation is appropriate and in the best interest of the State, and (iii) submits a written request to the Attorney General that such alien be so deported. ``(3) Any alien deported pursuant to this subsection shall be notified of the penalties under the laws of the United States relating to the reentry of deported aliens, particularly the expanded penalties for aliens deported under paragraph (2).''. (b) Reentry of Alien Deported Prior to Completion of Term of Imprisonment.--Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: ``(c) Any alien deported pursuant to section 242(h)(2) who enters, attempts to enter, or is at any time found in, the United States (unless the Attorney General has expressly consented to such alien's reentry) shall be incarcerated for the remainder of the sentence of imprisonment which was pending at the time of deportation without any reduction for parole or supervised release. Such alien shall be subject to such other penalties relating to the reentry of deported aliens as may be available under this section or any other provision of law.''.SEC. 439. AUTHORIZING STATE AND LOCAL LAW ENFORCEMENT OFFICIALS TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS. (a) In General.--Notwithstanding any other provision of law, to the extent permitted by relevant State and local law, State and local law enforcement officials are authorized to arrest and detain an individual who-- (1) is an alien illegally present in the United States; and (2) has previously been convicted of a felony in the United States and deported or left the United States after such conviction,but only after the State or local law enforcement officials obtain appropriate confirmation from the Immigration and Naturalization Service of the status of such individual and only for such period of time as may be required for the Service to take the individual into Federal custody for purposes of deporting or removing the alien from the United States. (b) Cooperation.--The Attorney General shall cooperate with the States to assure that information in the control of the Attorney General, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out duties under subsection (a) is made available to such officials.SEC. 440. CRIMINAL ALIEN REMOVAL. (a) Judicial Review.--Section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a(a)(10)) is amended to read as follows: ``(10) Any final order of deportation against an alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predi[[Page 110 STAT. 1277]] cate offenses are covered by section 241(a)(2)(A)(i), shall not be subject to review by any court.''. (b) Final Order of Deportation Defined.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is amended by adding at the end the following new paragraph: ``(47)(A) The term `order of deportation' means the order of the special inquiry officer, or other such administrative officer to whom the Attorney General has delegated the responsibility for determining whether an alien is deportable, concluding that the alien is deportable or ordering deportation. ``(B) The order described under subparagraph (A) shall become final upon the earlier of-- ``(i) a determination by the Board of Immigration Appeals affirming such order; or ``(ii) the expiration of the period in which the alien is permitted to seek review of such order by the Board of Immigration Appeals.''. (c) Arrest and Custody.--Section 242(a)(2) of such Act is amended-- (1) in subparagraph (A)-- (A) by striking ``(2)(A) The Attorney'' and inserting ``(2) The Attorney''; (B) by striking ``an aggravated felony upon'' and all that follows through ``of the same offense)'' and inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), upon release of the alien from incarceration, shall deport the alien as expeditiously as possible''; and (C) by striking ``but subject to subparagraph (B)''; and (2) by striking subparagraph (B). (d) Classes of Excludable Aliens.--Section 212(c) of such Act (8 U.S.C. 1182(c)) is amended-- (1) by striking ``The first sentence of this'' and inserting ``This''; and (2) by striking ``has been convicted of one or more aggravated felonies'' and all that follows through the end and inserting ``is deportable by reason of having committed any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''. (e) Aggravated Felony Defined.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)), as amended by section 222 of the Immigration and Nationality Technical Corrections Act of 1994 (Public Law 103-416), is amended-- (1) in subparagraph (J), by inserting ``, or an offense described in section 1084 (if it is a second or subsequent offense) or 1955 of that title (relating to gambling offenses),'' after ``corrupt organizations)''; (2) in subparagraph (K)-- (A) by striking ``or'' at the end of clause (i), (B) by redesignating clause (ii) as clause (iii), and (C) by inserting after clause (i) the following new clause: ``(ii) is described in section 2421, 2422, or 2423 of title 18, United States Code (relating to transpor[[Page 110 STAT. 1278]] tation for the purpose of prostitution) for commercial advantage; or''; (3) by amending subparagraph (N) to read as follows: ``(N) an offense described in paragraph (1)(A) or (2) of section 274(a) (relating to alien smuggling) for which the term of imprisonment imposed (regardless of any suspension of imprisonment) is at least 5 years;''; (4) by amending subparagraph (O) to read as follows: ``(O) an offense (i) which either is falsely making, forging, counterfeiting, mutilating, or altering a passport or instrument in violation of section 1543 of title 18, United States Code, or is described in section 1546(a) of such title (relating to document fraud) and (ii) for which the term of imprisonment imposed (regardless of any suspension of such imprisonment) is at least 18 months;''; (5) in subparagraph (P), by striking ``15 years'' and inserting ``5 years'', and by striking ``and'' at the end; (6) by redesignating subparagraphs (O), (P), and (Q) as subparagraphs (P), (Q), and (U), respectively; (7) by inserting after subparagraph (N) the following new subparagraph: ``(O) an offense described in section 275(a) or 276 committed by an alien who was previously deported on the basis of a conviction for an offense described in another subparagraph of this paragraph;''; and (8) by inserting after subparagraph (Q), as so redesignated, the following new subparagraphs: ``(R) an offense relating to commercial bribery, counterfeiting, forgery, or trafficking in vehicles the identification numbers of which have been altered for which a sentence of 5 years' imprisonment or more may be imposed; ``(S) an offense relating to obstruction of justice, perjury or subornation of perjury, or bribery of a witness, for which a sentence of 5 years' imprisonment or more may be imposed; ``(T) an offense relating to a failure to appear before a court pursuant to a court order to answer to or dispose of a charge of a felony for which a sentence of 2 years' imprisonment or more may be imposed; and''. (f) Effective Date.--The amendments made by subsection (e) shall apply to convictions entered on or after the date of the enactment of this Act, except that the amendment made by subsection (e)(3) shall take effect as if included in the enactment of section 222 of the Immigration and Nationality Technical Corrections Act of 1994. (g) Deportation of Criminal Aliens.--Section 242A(a) of such Act (8 U.S.C. 1252a) is amended-- (1) in paragraph (1)-- (A) by striking ``aggravated felonies (as defined in section 101(a)(43) of this title)'' and inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''; and (B) by striking ``, where warranted,''; (2) in paragraph (2), by striking ``aggravated felony'' and all that follows through ``before any scheduled hearings.'' and[[Page 110 STAT. 1279]] inserting ``any criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D), or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i).''. (h) Deadlines for Deporting Alien.--Section 242(c) of such Act (8 U.S.C. 1252(c)) is amended-- (1) by striking ``(c) When a final order'' and inserting ``(c)(1) Subject to paragraph (2), when a final order''; and (2) by inserting at the end the following new paragraph: ``(2) When a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a criminal offense covered in section 241(a)(2) (A)(iii), (B), (C), or (D) or any offense covered by section 241(a)(2)(A)(ii) for which both predicate offenses are covered by section 241(a)(2)(A)(i), the Attorney General shall have 30 days from the date of the order within which to effect the alien's departure from the United States. The Attorney General shall have sole and unreviewable discretion to waive the foregoing provision for aliens who are cooperating with law enforcement authorities or for purposes of national security.''.SEC. 441. LIMITATION ON COLLATERAL ATTACKS ON UNDERLYING DEPORTATION ORDER. (a) In General.--Section 276 of the Immigration and Nationality Act (8 U.S.C. 1326) is amended by adding at the end the following new subsection: ``(d) In a criminal proceeding under this section, an alien may not challenge the validity of the deportation order described in subsection (a)(1) or subsection (b) unless the alien demonstrates that-- ``(1) the alien exhausted any administrative remedies that may have been available to seek relief against the order; ``(2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and ``(3) the entry of the order was fundamentally unfair.''. (b) Effective Date.--The amendment made by subsection (a) shall apply to criminal proceedings initiated after the date of enactment of this Act.SEC. 442. DEPORTATION PROCEDURES FOR CERTAIN CRIMINAL ALIENS WHO ARE NOT PERMANENT RESIDENTS. (a) Administrative Hearings.--Section 242A(b) of the Immigration and Nationality Act (8 U.S.C. 1252a(b)), as added by section 130004(a) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended-- (1) in paragraph (2)-- (A) by striking ``and'' at the end of subparagraph (A) and inserting ``or'', and (B) by amending subparagraph (B) to read as follows: ``(B) had permanent resident status on a conditional basis (as described in section 216) at the time that proceedings under this section commenced.''; (2) in paragraph (3), by striking ``30 calendar days'' and inserting ``14 calendar days''; (3) in paragraph (4)(B), by striking ``proccedings'' and inserting ``proceedings''; (4) in paragraph (4)--[[Page 110 STAT. 1280]] (A) by redesignating subparagraphs (D) and (E) as subparagraphs (F) and (G), respectively; and (B) by adding after subparagraph (C) the following new subparagraphs: ``(D) such proceedings are conducted in, or translated for the alien into, a language the alien understands; ``(E) a determination is made for the record at such proceedings that the individual who appears to respond in such a proceeding is an alien subject to such an expedited proceeding under this section and is, in fact, the alien named in the notice for such proceeding;''. (5) by adding at the end the following new paragraph: ``(5) No alien described in this section shall be eligible for any relief from deportation that the Attorney General may grant in the Attorney General's discretion.''. (b) Limit on Judicial Review.--Subsection (d) of section 106 of the Immigration and Nationality Act (8 U.S.C. 1105a), as added by section 130004(b) of the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322), is amended to read as follows: ``(d) Notwithstanding subsection (c), a petition for review or for habeas corpus on behalf of an alien described in section 242A(c) may only challenge whether the alien is in fact an alien described in such section, and no court shall have jurisdiction to review any other issue.''. (c) Presumption of Deportability.--Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by inserting after subsection (b) the following new subsection: ``(c) Presumption of Deportability.--An alien convicted of an aggravated felony shall be conclusively presumed to be deportable from the United States.''. (d) Effective Date.--The amendments made by this section shall become effective no later than 60 days after the publication by the Attorney General of implementing regulations that shall be published on or before January 1, 1997.SEC. 443. EXTRADITION OF ALIENS. (a) Scope.--Section 3181 of title 18, United States Code, is amended-- (1) by inserting ``(a)'' before ``The provisions of this chapter''; and (2) by adding at the end the following new subsections: ``(b) The provisions of this chapter shall be construed to permit, in the exercise of comity, the surrender of persons, other than citizens, nationals, or permanent residents of the United States, who have committed crimes of violence against nationals of the United States in foreign countries without regard to the existence of any treaty of extradition with such foreign government if the Attorney General certifies, in writing, that-- ``(1) evidence has been presented by the foreign government that indicates that had the offenses been committed in the United States, they would constitute crimes of violence as defined under section 16 of this title; and ``(2) the offenses charged are not of a political nature. ``(c) As used in this section, the term `national of the United States' has the meaning given such term in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.[[Page 110 STAT. 1281]] (b) Fugitives.--Section 3184 of title 18, United States Code, is amended-- (1) in the first sentence by inserting after ``United States and any foreign government,'' the following: ``or in cases arising under section 3181(b),''; (2) in the first sentence by inserting after ``treaty or convention,'' the following: ``or provided for under section 3181(b),''; and (3) in the third sentence by inserting after ``treaty or convention,'' the following: ``or under section 3181(b),''. TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS Subtitle A--Nuclear MaterialsSEC. 501. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds that-- (1) nuclear materials, including byproduct materials, can be used to create radioactive dispersal devices that are capable of causing serious bodily injury as well as substantial damage to property and to the environment; (2) the potential use of nuclear materials, including byproduct materials, enhances the threat posed by terrorist activities and thereby has a greater effect on the security interests of the United States; (3) due to the widespread hazards presented by the threat of nuclear contamination, as well as nuclear bombs, the United States has a strong interest in ensuring that persons who are engaged in the illegal acquisition and use of nuclear materials, including byproduct materials, are prosecuted for their offenses; (4) the threat that nuclear materials will be obtained and used by terrorist and other criminal organizations has increased substantially since the enactment in 1982 of the legislation that implemented the Convention on the Physical Protection of Nuclear Material, codified at section 831 of title 18, United States Code; (5) the successful efforts to obtain agreements from other countries to dismantle nuclear weapons have resulted in increased packaging and transportation of nuclear materials, thereby decreasing the security of such materials by increasing the opportunity for unlawful diversion and theft; (6) the trafficking in the relatively more common, commercially available, and usable nuclear and byproduct materials creates the potential for significant loss of life and environmental damage; (7) report trafficking incidents in the early 1990's suggest that the individuals involved in trafficking in these materials from Eurasia and Eastern Europe frequently conducted their black market sales of these materials within the Federal Republic of Germany, the Baltic States, the former Soviet Union, Central Europe, and to a lesser extent in the Middle European countries;[[Page 110 STAT. 1282]] (8) the international community has become increasingly concerned over the illegal possession of nuclear and nuclear byproduct materials; (9) the potentially disastrous ramifications of increased access to nuclear and nuclear byproduct materials pose such a significant threat that the United States must use all lawful methods available to combat the illegal use of such materials; (10) the United States has an interest in encouraging United States corporations to do business in the countries that comprised the former Soviet Union, and in other developing democracies; (11) protection of such United States corporations from threats created by the unlawful use of nuclear materials is important to the success of the effort to encourage business ventures in these countries, and to further the foreign relations and commerce of the United States; (12) the nature of nuclear contamination is such that it may affect the health, environment, and property of United States nationals even if the acts that constitute the illegal activity occur outside the territory of the United States, and are primarily directed toward foreign nationals; and (13) there is presently no Federal criminal statute that provides adequate protection to United States interests from nonweapons grade, yet hazardous radioactive material, and from the illegal diversion of nuclear materials that are held for other than peaceful purposes. (b) Purpose.--The purpose of this title is to provide Federal law enforcement agencies with the necessary means and the maximum authority permissible under the Constitution to combat the threat of nuclear contamination and proliferation that may result from the illegal possession and use of radioactive materials.SEC. 502. EXPANSION OF SCOPE AND JURISDICTIONAL BASES OF NUCLEAR MATERIALS PROHIBITIONS. Section 831 of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) by striking ``nuclear material'' each place it appears and inserting ``nuclear material or nuclear byproduct material''; (B) in paragraph (1)-- (i) in subparagraph (A), by inserting ``or to the environment'' after ``property''; and (ii) so that subparagraph (B) reads as follows: ``(B) circumstances exist, or have been represented to the defendant to exist, that are likely to cause the death or serious bodily injury to any person, or substantial damage to property or to the environment;''; and (C) in paragraph (6), by inserting ``or to the environment'' after ``property''; (2) in subsection (c)-- (A) so that paragraph (2) reads as follows: ``(2) an offender or a victim is-- ``(A) a national of the United States; or ``(B) a United States corporation or other legal entity;''; (B) in paragraph (3)--[[Page 110 STAT. 1283]] (i) by striking ``at the time of the offense the nuclear material is in use, storage, or transport, for peaceful purposes, and''; and (ii) by striking ``or'' at the end of the paragraph; (C) in paragraph (4)-- (i) by striking ``nuclear material for peaceful purposes'' and inserting ``nuclear material or nuclear byproduct material''; and (ii) by striking the period at the end of the paragraph and inserting ``; or''; and (D) by adding at the end the following new paragraph: ``(5) either-- ``(A) the governmental entity under subsection (a)(5) is the United States; or ``(B) the threat under subsection (a)(6) is directed at the United States.''; and (3) in subsection (f)-- (A) in paragraph (1)-- (i) in subparagraph (A), by striking ``with an isotopic concentration not in excess of 80 percent plutonium 238''; and (ii) in subparagraph (C), by striking ``uranium'' and inserting ``enriched uranium, defined as uranium''; (B) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; (C) by inserting after paragraph (1) the following new paragraph: ``(2) the term `nuclear byproduct material' means any material containing any radioactive isotope created through an irradiation process in the operation of a nuclear reactor or accelerator;''; (D) in paragraph (4), as redesignated, by striking ``and'' at the end; (E) in paragraph (5), as redesignated, by striking the period at the end and inserting a semicolon; and (F) by adding at the end the following new paragraphs: ``(6) the term `national of the United States' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and ``(7) the term `United States corporation or other legal entity' means any corporation or other entity organized under the laws of the United States or any State, Commonwealth, territory, possession, or district of the United States.''.SEC. 503. REPORT TO CONGRESS ON THEFTS OF EXPLOSIVE MATERIALS FROM ARMORIES. (a) Study.--The Attorney General and the Secretary of Defense shall jointly conduct a study of the number and extent of thefts from military arsenals (including National Guard armories) of firearms, explosives, and other materials that are potentially useful to terrorists. (b) Report to the Congress.--Not later than 6 months after the date of enactment of this Act, the Attorney General and the Secretary of Defense shall jointly prepare and transmit to the Congress a report on the findings of the study conducted under subsection (a).[[Page 110 STAT. 1284]] Subtitle B--Biological Weapons RestrictionsSEC. 511. ENHANCED PENALTIES AND CONTROL OF BIOLOGICAL AGENTS. (a) Findings.--The Congress finds that-- (1) certain biological agents have the potential to pose a severe threat to public health and safety; (2) such biological agents can be used as weapons by individuals or organizations for the purpose of domestic or international terrorism or for other criminal purposes; (3) the transfer and possession of potentially hazardous biological agents should be regulated to protect public health and safety; and (4) efforts to protect the public from exposure to such agents should ensure that individuals and groups with legitimate objectives continue to have access to such agents for clinical and research purposes. (b) Criminal Enforcement.--Chapter 10 of title 18, United States Code, is amended-- (1) in section 175(a), by inserting ``or attempts, threatens, or conspires to do the same,'' after ``to do so,''; (2) in section 177(a)(2), by inserting ``threat,'' after ``attempt,''; and (3) in section 178-- (A) in paragraph (1), by striking ``or infectious substance'' and inserting ``infectious substance, or biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product''; (B) in paragraph (2)-- (i) by inserting ``the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule'' after ``means''; (ii) by striking ``production--'' and inserting ``production, including--''; (iii) in subparagraph (A), by inserting ``or biological product that may be engineered as a result of biotechnology'' after ``substance''; and (iv) in subparagraph (B), by inserting ``or biological product'' after ``isomer''; and (C) in paragraph (4), by inserting ``, or molecule, including a recombinant molecule, or biological product that may be engineered as a result of biotechnology,'' after ``organism''. (c) Terrorism.--Section 2332a(a) of title 18, United States Code, is amended by inserting ``, including any biological agent, toxin, or vector (as those terms are defined in section 178)'' after ``destruction''. (d) Regulatory Control of Biological Agents.-- (1) List of biological agents.-- (A) In general.--The Secretary shall, through regulations promulgated under subsection (f), establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety.[[Page 110 STAT. 1285]] (B) Criteria.--In determining whether to include an agent on the list under subparagraph (A), the Secretary shall-- (i) consider-- (I) the effect on human health of exposure to the agent; (II) the degree of contagiousness of the agent and the methods by which the agent is transferred to humans; (III) the availability and effectiveness of immunizations to prevent and treatments for any illness resulting from infection by the agent; and (IV) any other criteria that the Secretary considers appropriate; and (ii) consult with scientific experts representing appropriate professional groups. (e) Regulation of Transfers of Listed Biological Agents.--The Secretary shall, through regulations promulgated under subsection (f), provide for-- (1) the establishment and enforcement of safety procedures for the transfer of biological agents listed pursuant to subsection (d)(1), including measures to ensure-- (A) proper training and appropriate skills to handle such agents; and (B) proper laboratory facilities to contain and dispose of such agents; (2) safeguards to prevent access to such agents for use in domestic or international terrorism or for any other criminal purpose; (3) the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of the safety procedures established under paragraph (1) or the safeguards established under paragraph (2); and (4) appropriate availability of biological agents for research, education, and other legitimate purposes. (f) Regulations.--The Secretary shall carry out this section by issuing-- (1) proposed rules not later than 60 days after the date of enactment of this Act; and (2) final rules not later than 120 days after the date of enactment of this Act. (g) Definitions.--For purposes of this section-- (1) the term ``biological agent'' has the same meaning as in section 178 of title 18, United States Code; and (2) the term ``Secretary'' means the Secretary of Health and Human Services.[[Page 110 STAT. 1286]] Subtitle C--Chemical Weapons RestrictionsSEC. 521. CHEMICAL WEAPONS OF MASS DESTRUCTION; STUDY OF FACILITY FOR TRAINING AND EVALUATION OF PERSONNEL WHO RESPOND TO USE OF CHEMICAL OR BIOLOGICAL WEAPONS IN URBAN AND SUBURBAN AREAS. (a) Chemical Weapons of Mass Destruction.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332b as added by section 702 of this Act the following new section:``Sec. 2332c. Use of chemical weapons ``(a) Prohibited Acts.-- ``(1) Offense.--A person shall be punished under paragraph (2) if that person, without lawful authority, uses, or attempts or conspires to use, a chemical weapon against-- ``(A) a national of the United States while such national is outside of the United States; ``(B) any person within the United States; or ``(C) any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside of the United States. ``(2) Penalties.--A person who violates paragraph (1)-- ``(A) shall be imprisoned for any term of years or for life; or ``(B) if death results from that violation, shall be punished by death or imprisoned for any term of years or for life. ``(b) Definitions.--As used in this section-- ``(1) the term `national of the United States' has the same meaning as in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)); and ``(2) the term `chemical weapon' means any weapon that is designed or intended to cause widespread death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or precursors of toxic or poisonous chemicals. (b) Study of Facility for Training and Evaluation of Personnel Who Respond To Use of Chemical or Biological Weapons in Urban and Suburban Areas.-- (1) Findings.--The Congress finds that-- (A) the threat of the use of chemical and biological weapons by Third World countries and by terrorist organizations has increased in recent years and is now a problem of worldwide significance; (B) the military and law enforcement agencies in the United States that are responsible for responding to the use of such weapons require additional testing, training, and evaluation facilities to ensure that the personnel of such agencies discharge their responsibilities effectively; and (C) a facility that recreates urban and suburban locations would provide an especially effective environment[[Page 110 STAT. 1287]] in which to test, train, and evaluate such personnel for that purpose. (2) Study of facility.-- (A) In general.--The President shall establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation in such environments of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States. (B) Description of facility.--The facility considered under subparagraph (A) shall include-- (i) facilities common to urban environments (including a multistory building and an underground rail transit system) and to suburban environments; (ii) the capacity to produce controllable releases of chemical and biological agents from a variety of urban and suburban structures, including laboratories, small buildings, and dwellings; (iii) the capacity to produce controllable releases of chemical and biological agents into sewage, water, and air management systems common to urban areas and suburban areas; (iv) chemical and biocontaminant facilities at the P3 and P4 levels; (v) the capacity to test and evaluate the effectiveness of a variety of protective clothing and facilities and survival techniques in urban areas and suburban areas; and (vi) the capacity to test and evaluate the effectiveness of variable sensor arrays (including video, audio, meteorological, chemical, and biosensor arrays) in urban areas and suburban areas. (C) Sense of congress.--It is the sense of Congress that the facility considered under subparagraph (A) shall, if established-- (i) be under the jurisdiction of the Secretary of Defense; and (ii) be located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict. (c) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item added by section 702 of this Act that relates to section 2332b the following new item:``2332c. Use of chemical weapons.''. TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTIONSEC. 601. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds that--[[Page 110 STAT. 1288]] (1) plastic explosives were used by terrorists in the bombings of Pan American Airlines flight number 103 in December 1988 and UTA flight number 722 in September 1989; (2) plastic explosives can be used with little likelihood of detection for acts of unlawful interference with civil aviation, maritime navigation, and other modes of transportation; (3) the criminal use of plastic explosives places innocent lives in jeopardy, endangers national security, affects domestic tranquility, and gravely affects interstate and foreign commerce; (4) the marking of plastic explosives for the purpose of detection would contribute significantly to the prevention and punishment of such unlawful acts; and (5) for the purpose of deterring and detecting such unlawful acts, the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991, requires each contracting State to adopt appropriate measures to ensure that plastic explosives are duly marked and controlled. (b) Purpose.--The purpose of this title is to fully implement the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991.SEC. 602. DEFINITIONS. Section 841 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(o) `Convention on the Marking of Plastic Explosives' means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, Done at Montreal on 1 March 1991. ``(p) `Detection agent' means any one of the substances specified in this subsection when introduced into a plastic explosive or formulated in such explosive as a part of the manufacturing process in such a manner as to achieve homogeneous distribution in the finished explosive, including-- ``(1) Ethylene glycol dinitrate (EGDN), C2H4(NO3)2, molecular weight 152, when the minimum concentration in the finished explosive is 0.2 percent by mass; ``(2) 2,3-Dimethyl-2,3-dinitrobutane (DMNB), C6H12(NO2)2, molecular weight 176, when the minimum concentration in the finished explosive is 0.1 percent by mass; ``(3) Para-Mononitrotoluene (p-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; ``(4) Ortho-Mononitrotoluene (o-MNT), C7H7NO2, molecular weight 137, when the minimum concentration in the finished explosive is 0.5 percent by mass; and ``(5) any other substance in the concentration specified by the Secretary, after consultation with the Secretary of State and the Secretary of Defense, that has been added to the table in part 2 of the Technical Annex to the Convention on the Marking of Plastic Explosives. ``(q) `Plastic explosive' means an explosive material in flexible or elastic sheet form formulated with one or more high explosives which in their pure form has a vapor pressure less than 10-4 Pa at a temperature of 25/C., is formulated with a binder material, and is as a mixture malleable or flexible at normal room temperature.''.[[Page 110 STAT. 1289]]SEC. 603. REQUIREMENT OF DETECTION AGENTS FOR PLASTIC EXPLOSIVES. Section 842 of title 18, United States Code, is amended by adding at the end the following new subsections: ``(l) It shall be unlawful for any person to manufacture any plastic explosive that does not contain a detection agent. ``(m)(1) It shall be unlawful for any person to import or bring into the United States, or export from the United States, any plastic explosive that does not contain a detection agent. ``(2) This subsection does not apply to the importation or bringing into the United States, or the exportation from the United States, of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing military or police functions (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(n)(1) It shall be unlawful for any person to ship, transport, transfer, receive, or possess any plastic explosive that does not contain a detection agent. ``(2) This subsection does not apply to-- ``(A) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by any person during the period beginning on that date and ending 3 years after that date of enactment; or ``(B) the shipment, transportation, transfer, receipt, or possession of any plastic explosive that was imported or brought into, or manufactured in the United States prior to the date of enactment of this subsection by or on behalf of any agency of the United States performing a military or police function (including any military reserve component) or by or on behalf of the National Guard of any State, not later than 15 years after the date of entry into force of the Convention on the Marking of Plastic Explosives, with respect to the United States. ``(o) It shall be unlawful for any person, other than an agency of the United States (including any military reserve component) or the National Guard of any State, possessing any plastic explosive on the date of enactment of this subsection, to fail to report to the Secretary within 120 days after such date of enactment the quantity of such explosives possessed, the manufacturer or importer, any marks of identification on such explosives, and such other information as the Secretary may prescribe by regulation.''.SEC. 604. CRIMINAL SANCTIONS. Section 844(a) of title 18, United States Code, is amended to read as follows: ``(a) Any person who violates any of subsections (a) through (i) or (l) through (o) of section 842 shall be fined under this title, imprisoned for not more than 10 years, or both.''.SEC. 605. EXCEPTIONS. Section 845 of title 18, United States Code, is amended--[[Page 110 STAT. 1290]] (1) in subsection (a)-- (A) by inserting ``(l), (m), (n), or (o) of section 842 and subsections'' after ``subsections''; and (B) in paragraph (1), by inserting before the semicolon ``, and which pertain to safety''; and (2) by adding at the end the following new subsection: ``(c) It is an affirmative defense against any proceeding involving subsections (l) through (o) of section 842 if the proponent proves by a preponderance of the evidence that the plastic explosive-- ``(1) consisted of a small amount of plastic explosive intended for and utilized solely in lawful-- ``(A) research, development, or testing of new or modified explosive materials; ``(B) training in explosives detection or development or testing of explosives detection equipment; or ``(C) forensic science purposes; or ``(2) was plastic explosive that, within 3 years after the date of enactment of the Antiterrorism and Effective Death Penalty Act of 1996, will be or is incorporated in a military device within the territory of the United States and remains an integral part of such military device, or is intended to be, or is incorporated in, and remains an integral part of a military device that is intended to become, or has become, the property of any agency of the United States performing military or police functions (including any military reserve component) or the National Guard of any State, wherever such device is located. ``(3) For purposes of this subsection, the term `military device' includes, but is not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades, perforators, and similar devices lawfully manufactured exclusively for military or police purposes.''.SEC. 606. SEIZURE AND FORFEITURE OF PLASTIC EXPLOSIVES. Section 596(c)(1) of the Tariff Act of 1930 (19 U.S.C. 1595a(c)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C), by striking the period and inserting ``; or''; and (3) by adding at the end the following new subparagraph: ``(D) is a plastic explosive, as defined in section 841(q) of title 18, United States Code, which does not contain a detection agent, as defined in section 841(p) of such title.''.SEC. 607. EFFECTIVE DATE. Except as otherwise provided in this title, this title and the amendments made by this title shall take effect 1 year after the date of enactment of this Act.[[Page 110 STAT. 1291]] TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM Subtitle A--Crimes and PenaltiesSEC. 701. INCREASED PENALTY FOR CONSPIRACIES INVOLVING EXPLOSIVES. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(n) Except as otherwise provided in this section, a person who conspires to commit any offense defined in this chapter shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense the commission of which was the object of the conspiracy.''.SEC. 702. ACTS OF TERRORISM TRANSCENDING NATIONAL BOUNDARIES. (a) Offense.--Chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after section 2332a the following new section:``Sec. 2332b. Acts of terrorism transcending national boundaries ``(a) Prohibited Acts.-- ``(1) Offenses.--Whoever, involving conduct transcending national boundaries and in a circumstance described in subsection (b)-- ``(A) kills, kidnaps, maims, commits an assault resulting in serious bodily injury, or assaults with a dangerous weapon any person within the United States; or ``(B) creates a substantial risk of serious bodily injury to any other person by destroying or damaging any structure, conveyance, or other real or personal property within the United States or by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States; in violation of the laws of any State, or the United States, shall be punished as prescribed in subsection (c). ``(2) Treatment of threats, attempts and conspiracies.-- Whoever threatens to commit an offense under paragraph (1), or attempts or conspires to do so, shall be punished under subsection (c). ``(b) Jurisdictional Bases.-- ``(1) Circumstances.--The circumstances referred to in subsection (a) are-- ``(A) any of the offenders uses the mail or any facility of interstate or foreign commerce in furtherance of the offense; ``(B) the offense obstructs, delays, or affects interstate or foreign commerce, or would have so obstructed, delayed, or affected interstate or foreign commerce if the offense had been consummated; ``(C) the victim, or intended victim, is the United States Government, a member of the uniformed services, or any official, officer, employee, or agent of the legislative, execu[[Page 110 STAT. 1292]] tive, or judicial branches, or of any department or agency, of the United States; ``(D) the structure, conveyance, or other real or personal property is, in whole or in part, owned, possessed, or leased to the United States, or any department or agency of the United States; ``(E) the offense is committed in the territorial sea (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) of the United States; or ``(F) the offense is committed within the special maritime and territorial jurisdiction of the United States. ``(2) Co-conspirators and accessories after the fact.-- Jurisdiction shall exist over all principals and co-conspirators of an offense under this section, and accessories after the fact to any offense under this section, if at least one of the circumstances described in subparagraphs (A) through (F) of paragraph (1) is applicable to at least one offender. ``(c) Penalties.-- ``(1) Penalties.--Whoever violates this section shall be punished-- ``(A) for a killing, or if death results to any person from any other conduct prohibited by this section, by death, or by imprisonment for any term of years or for life; ``(B) for kidnapping, by imprisonment for any term of years or for life; ``(C) for maiming, by imprisonment for not more than 35 years; ``(D) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years; ``(E) for destroying or damaging any structure, conveyance, or other real or personal property, by imprisonment for not more than 25 years; ``(F) for attempting or conspiring to commit an offense, for any term of years up to the maximum punishment that would have applied had the offense been completed; and ``(G) for threatening to commit an offense under this section, by imprisonment for not more than 10 years. ``(2) Consecutive sentence.--Notwithstanding any other provision of law, the court shall not place on probation any person convicted of a violation of this section; nor shall the term of imprisonment imposed under this section run concurrently with any other term of imprisonment. ``(d) Proof Requirements.--The following shall apply to prosecutions under this section: ``(1) Knowledge.--The prosecution is not required to prove knowledge by any defendant of a jurisdictional base alleged in the indictment. ``(2) State law.--In a prosecution under this section that is based upon the adoption of State law, only the elements of the offense under State law, and not any provisions pertaining to criminal procedure or evidence, are adopted. ``(e) Extraterritorial Jurisdiction.--There is extraterritorial Federal jurisdiction--[[Page 110 STAT. 1293]] ``(1) over any offense under subsection (a), including any threat, attempt, or conspiracy to commit such offense; and ``(2) over conduct which, under section 3, renders any person an accessory after the fact to an offense under subsection (a). ``(f) Investigative Authority.--In addition to any other investigative authority with respect to violations of this title, the Attorney General shall have primary investigative responsibility for all Federal crimes of terrorism, and the Secretary of the Treasury shall assist the Attorney General at the request of the Attorney General. Nothing in this section shall be construed to interfere with the authority of the United States Secret Service under section 3056. ``(g) Definitions.--As used in this section-- ``(1) the term `conduct transcending national boundaries' means conduct occurring outside of the United States in addition to the conduct occurring in the United States; ``(2) the term `facility of interstate or foreign commerce' has the meaning given that term in section 1958(b)(2); ``(3) the term `serious bodily injury' has the meaning given that term in section 1365(g)(3); ``(4) the term `territorial sea of the United States' means all waters extending seaward to 12 nautical miles from the baselines of the United States, determined in accordance with international law; and ``(5) the term `Federal crime of terrorism' means an offense that-- ``(A) is calculated to influence or affect the conduct of government by intimidation or coercion, or to retaliate against government conduct; and ``(B) is a violation of-- ``(i) section 32 (relating to destruction of aircraft or aircraft facilities), 37 (relating to violence at international airports), 81 (relating to arson within special maritime and territorial jurisdiction), 175 (relating to biological weapons), 351 (relating to congressional, cabinet, and Supreme Court assassination, kidnapping, and assault), 831 (relating to nuclear materials), 842 (m) or (n) (relating to plastic explosives), 844(e) (relating to certain bombings), 844 (f) or (i) (relating to arson and bombing of certain property), 956 (relating to conspiracy to injure property of a foreign government), 1114 (relating to protection of officers and employees of the United States), 1116 (relating to murder or manslaughter of foreign officials, official guests, or internationally protected persons), 1203 (relating to hostage taking), 1361 (relating to injury of Government property or contracts), 1362 (relating to destruction of communication lines, stations, or systems), 1363 (relating to injury to buildings or property within special maritime and territorial jurisdiction of the United States), 1366 (relating to destruction of an energy facility), 1751 (relating to Presidential and Presidential staff assassination, kidnapping, and assault), 2152 (relating to injury of fortifications, harbor defenses, or defensive sea areas), 2155 (relating to destruction of national defense materials, premises, or utilities),[[Page 110 STAT. 1294]] 2156 (relating to production of defective national defense materials, premises, or utilities), 2280 (relating to violence against maritime navigation), 2281 (relating to violence against maritime fixed platforms), 2332 (relating to certain homicides and other violence against United States nationals occurring outside of the United States), 2332a (relating to use of weapons of mass destruction), 2332b (relating to acts of terrorism transcending national boundaries), 2339A (relating to providing material support to terrorists), 2339B (relating to providing material support to terrorist organizations), or 2340A (relating to torture); ``(ii) section 236 (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284); or ``(iii) section 46502 (relating to aircraft piracy) or section 60123(b) (relating to destruction of interstate gas or hazardous liquid pipeline facility) of title 49.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 113B of title 18, United States Code, relating to terrorism, is amended by inserting after the item relating to section 2332a the following new item:``2332b. Acts of terrorism transcending national boundaries.''. (c) Statute of Limitations Amendment.--Section 3286 of title 18, United States Code, is amended-- (1) by striking ``any offense'' and inserting ``any non- capital offense''; (2) by striking ``36'' and inserting ``37''; (3) by striking ``2331'' and inserting ``2332''; (4) by striking ``2339'' and inserting ``2332a''; and (5) by inserting ``2332b (acts of terrorism transcending national boundaries),'' after ``(use of weapons of mass destruction),''. (d) Presumptive Detention.--Section 3142(e) of title 18, United States Code, is amended by inserting ``, 956(a), or 2332b'' after ``section 924(c)''.SEC. 703. EXPANSION OF PROVISION RELATING TO DESTRUCTION OR INJURY OF PROPERTY WITHIN SPECIAL MARITIME AND TERRITORIAL JURISDICTION. Section 1363 of title 18, United States Code, is amended by striking ``any building,'' and all that follows through ``shipping'' and inserting ``any structure, conveyance, or other real or personal property''.SEC. 704. CONSPIRACY TO HARM PEOPLE AND PROPERTY OVERSEAS. (a) In General.--Section 956 of chapter 45 of title 18, United States Code, is amended to read as follows:``Sec. 956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country ``(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall,[[Page 110 STAT. 1295]]if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). ``(2) The punishment for an offense under subsection (a)(1) of this section is-- ``(A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and ``(B) imprisonment for not more than 35 years if the offense is conspiracy to maim. ``(b) Whoever, within the jurisdiction of the United States, conspires with one or more persons, regardless of where such other person or persons are located, to damage or destroy specific property situated within a foreign country and belonging to a foreign government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, airport, airfield, or other public utility, public conveyance, or public structure, or any religious, educational, or cultural property so situated, shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be imprisoned not more than 25 years.''. (b) Clerical Amendment.--The item relating to section 956 in the table of sections at the beginning of chapter 45 of title 18, United States Code, is amended to read as follows:``956. Conspiracy to kill, kidnap, maim, or injure persons or damage property in a foreign country.''.SEC. 705. INCREASED PENALTIES FOR CERTAIN TERRORISM CRIMES. (a) In General.--Title 18, United States Code, is amended-- (1) in section 114, by striking ``maim or disfigure'' and inserting ``torture (as defined in section 2340), maim, or disfigure''; (2) in section 755, by striking ``two years'' and inserting ``5 years''; (3) in section 756, by striking ``one year'' and inserting ``five years''; (4) in section 878(a), by striking ``by killing, kidnapping, or assaulting a foreign official, official guest, or internationally protected person''; (5) in section 1113, by striking ``three years'' and inserting ``seven years''; and (6) in section 2332(c), by striking ``five'' and inserting ``ten''. (b) Penalty for Carrying Weapons or Explosives on an Aircraft.--Section 46505 of title 49, United States Code, is amended-- (1) in subsection (b), by striking ``one year'' and inserting ``10 years''; and (2) in subsection (c), by striking ``5'' and inserting ``15''.SEC. 706. MANDATORY PENALTY FOR TRANSFERRING AN EXPLOSIVE MATERIAL KNOWING THAT IT WILL BE USED TO COMMIT A CRIME OF VIOLENCE. Section 844 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(o) Whoever knowingly transfers any explosive materials, knowing or having reasonable cause to believe that such explosive materials will be used to commit a crime of violence (as defined in section 924(c)(3)) or drug trafficking crime (as defined in section 924(c)(2)) shall be subject to the same penalties as may be imposed[[Page 110 STAT. 1296]]under subsection (h) for a first conviction for the use or carrying of an explosive material.''.SEC. 707. POSSESSION OF STOLEN EXPLOSIVES PROHIBITED. Section 842(h) of title 18, United States Code, is amended to read as follows: ``(h) It shall be unlawful for any person to receive, possess, transport, ship, conceal, store, barter, sell, dispose of, or pledge or accept as security for a loan, any stolen explosive materials which are moving as, which are part of, which constitute, or which have been shipped or transported in, interstate or foreign commerce, either before or after such materials were stolen, knowing or having reasonable cause to believe that the explosive materials were stolen.''.SEC. 708. ENHANCED PENALTIES FOR USE OF EXPLOSIVES OR ARSON CRIMES. (a) In General.--Section 844 of title 18, United States Code, is amended-- (1) in subsection (e), by striking ``five'' and inserting ``10''; (2) by amending subsection (f) to read as follows: ``(f)(1) Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both. ``(2) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct, directly or proximately causes personal injury or creates a substantial risk of injury to any person, including any public safety officer performing duties, shall be imprisoned for not less than 7 years and not more than 40 years, fined under this title, or both. ``(3) Whoever engages in conduct prohibited by this subsection, and as a result of such conduct directly or proximately causes the death of any person, including any public safety officer performing duties, shall be subject to the death penalty, or imprisoned for not less than 20 years or for life, fined under this title, or both.''; (3) in subsection (h)-- (A) in the first sentence, by striking ``5 years but not more than 15 years'' and inserting ``10 years''; and (B) in the second sentence, by striking ``10 years but not more than 25 years'' and inserting ``20 years''; and (4) in subsection (i)-- (A) by striking ``not more than 20 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,'' and inserting ``not less than 5 years and not more than 20 years, fined under this title''; and (B) by striking ``not more than 40 years, fined the greater of a fine under this title or the cost of repairing or replacing any property that is damaged or destroyed,'' and inserting ``not less than 7 years and not more than 40 years, fined under this title''. (b) Conforming Amendment.--Section 81 of title 18, United States Code, is amended by striking ``fined under this title or[[Page 110 STAT. 1297]]imprisoned not more than five years, or both'' and inserting ``imprisoned for not more than 25 years, fined the greater of the fine under this title or the cost of repairing or replacing any property that is damaged or destroyed, or both''. (c) Statute of Limitation for Arson Offenses.-- (1) In general.--Chapter 213 of title 18, United States Code, is amended by adding at the end the following new section:``Sec. 3295. Arson offenses ``No person shall be prosecuted, tried, or punished for any non-capital offense under section 81 or subsection (f), (h), or (i) of section 844 unless the indictment is found or the information is instituted not later than 10 years after the date on which the offense was committed.''. (2) Clerical amendment.--The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following new item:``3295. Arson offenses.''. (3) Conforming amendment.--Section 844(i) of title 18, United States Code, is amended by striking the last sentence.SEC. 709. DETERMINATION OF CONSTITUTIONALITY OF RESTRICTING THE DISSEMINATION OF BOMB-MAKING INSTRUCTIONAL MATERIALS. (a) Study.--The Attorney General, in consultation with such other officials and individuals as the Attorney General considers appropriate, shall conduct a study concerning-- (1) the extent to which there is available to the public material in any medium (including print, electronic, or film) that provides instruction on how to make bombs, destructive devices, or weapons of mass destruction; (2) the extent to which information gained from such material has been used in incidents of domestic or international terrorism; (3) the likelihood that such information may be used in future incidents of terrorism; (4) the application of Federal laws in effect on the date of enactment of this Act to such material; (5) the need and utility, if any, for additional laws relating to such material; and (6) an assessment of the extent to which the first amendment protects such material and its private and commercial distribution. (b) Report.-- (1) Requirement.--Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the Congress a report that contains the results of the study required by this section. (2) Availability.--The Attorney General shall make the report submitted under this subsection available to the public.[[Page 110 STAT. 1298]] Subtitle B--Criminal ProceduresSEC. 721. CLARIFICATION AND EXTENSION OF CRIMINAL JURISDICTION OVER CERTAIN TERRORISM OFFENSES OVERSEAS. (a) Aircraft Piracy.--Section 46502(b) of title 49, United States Code, is amended-- (1) in paragraph (1), by striking ``and later found in the United States''; (2) so that paragraph (2) reads as follows: ``(2) There is jurisdiction over the offense in paragraph (1) if-- ``(A) a national of the United States was aboard the aircraft; ``(B) an offender is a national of the United States; or ``(C) an offender is afterwards found in the United States.''; and (3) by inserting after paragraph (2) the following: ``(3) For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (b) Destruction of Aircraft or Aircraft Facilities.--Section 32(b) of title 18, United States Code, is amended-- (1) by striking ``, if the offender is later found in the United States,''; and (2) by inserting at the end the following: ``There is jurisdiction over an offense under this subsection if a national of the United States was on board, or would have been on board, the aircraft; an offender is a national of the United States; or an offender is afterwards found in the United States. For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act.''. (c) Murder of Foreign Officials and Certain Other Persons.--Section 1116 of title 18, United States Code, is amended-- (1) in subsection (b), by adding at the end the following: ``(7) `National of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''; and (2) in subsection (c), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''. (d) Protection of Foreign Officials and Certain Other Persons.--Section 112 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting `` `national of the United States','' before ``and''; and (2) in subsection (e), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is[[Page 110 STAT. 1299]] a national of the United States, or (3) an offender is afterwards found in the United States.''. (e) Threats and Extortion Against Foreign Officials and Certain Other Persons.--Section 878 of title 18, United States Code, is amended-- (1) in subsection (c), by inserting `` `national of the United States','' before ``and''; and (2) in subsection (d), by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''. (f) Kidnapping of Internationally Protected Persons.--Section 1201(e) of title 18, United States Code, is amended-- (1) by striking the first sentence and inserting the following: ``If the victim of an offense under subsection (a) is an internationally protected person outside the United States, the United States may exercise jurisdiction over the offense if (1) the victim is a representative, officer, employee, or agent of the United States, (2) an offender is a national of the United States, or (3) an offender is afterwards found in the United States.''; and (2) by adding at the end the following: ``For purposes of this subsection, the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''. (g) Violence at International Airports.--Section 37(b)(2) of title 18, United States Code, is amended-- (1) by inserting ``(A)'' before ``the offender is later found in the United States''; and (2) by inserting ``; or (B) an offender or a victim is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)))'' after ``the offender is later found in the United States''. (h) Biological Weapons.--Section 178 of title 18, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ``; and''; and (3) by adding the following at the end: ``(5) the term `national of the United States' has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).''.SEC. 722. CLARIFICATION OF MARITIME VIOLENCE JURISDICTION. Section 2280(b)(1)(A) of title 18, United States Code, is amended-- (1) in clause (ii), by striking ``and the activity is not prohibited as a crime by the State in which the activity takes place''; and (2) in clause (iii), by striking ``the activity takes place on a ship flying the flag of a foreign country or outside the United States,''.[[Page 110 STAT. 1300]]SEC. 723. INCREASED AND ALTERNATE CONSPIRACY PENALTIES FOR TERRORISM OFFENSES. (a) Title 18 Offenses.-- (1) Sections 32(a)(7), 32(b)(4), 37(a), 115(a)(1)(A), 115(a)(2), 1203(a), 2280(a)(1)(H), and 2281(a)(1)(F) of title 18, United States Code, are each amended by inserting ``or conspires'' after ``attempts''. (2) Section 115(b)(2) of title 18, United States Code, is amended by striking ``or attempted kidnapping'' both places it appears and inserting ``, attempted kidnapping, or conspiracy to kidnap''. (3)(A) Section 115(b)(3) of title 18, United States Code, is amended by striking ``or attempted murder'' and inserting ``, attempted murder, or conspiracy to murder''. (B) Section 115(b)(3) of title 18, United States Code, is amended by striking ``and 1113'' and inserting ``, 1113, and 1117''. (b) Aircraft Piracy.-- (1) Section 46502(a)(2) of title 49, United States Code, is amended by inserting ``or conspiring'' after ``attempting''. (2) Section 46502(b)(1) of title 49, United States Code, is amended by inserting ``or conspiring to commit'' after ``committing''.SEC. 724. CLARIFICATION OF FEDERAL JURISDICTION OVER BOMB THREATS. Section 844(e) of title 18, United States Code, is amended by striking ``commerce,'' and inserting ``interstate or foreign commerce, or in or affecting interstate or foreign commerce,''.SEC. 725. EXPANSION AND MODIFICATION OF WEAPONS OF MASS DESTRUCTION STATUTE. Section 2332a of title 18, United States Code, is amended-- (1) in subsection (a)-- (A) in the subsection heading, by inserting ``Against a National of the United States or Within the United States'' after ``Offense''; (B) by striking ``uses, or attempts'' and inserting ``, without lawful authority, uses, threatens, or attempts''; and (C) in paragraph (2), by inserting ``, and the results of such use affect interstate or foreign commerce or, in the case of a threat, attempt, or conspiracy, would have affected interstate or foreign commerce'' before the semicolon at the end; (2) in subsection (b), by striking subparagraph (B) and inserting the following: ``(B) any weapon that is designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals, or their precursors;''; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following new subsection: ``(b) Offense by National of the United States Outside of the United States.--Any national of the United States who, without lawful authority, uses, or threatens, attempts, or conspires[[Page 110 STAT. 1301]]to use, a weapon of mass destruction outside of the United States shall be imprisoned for any term of years or for life, and if death results, shall be punished by death, or by imprisonment for any term of years or for life.''.SEC. 726. ADDITION OF TERRORISM OFFENSES TO THE MONEY LAUNDERING STATUTE. Section 1956(c)(7) of title 18, United States Code, is amended-- (1) in subparagraph (B), by amending clause (ii) to read as follows: ``(ii) murder, kidnapping, robbery, extortion, or destruction of property by means of explosive or fire;''; and (2) in subparagraph (D)-- (A) by inserting after ``an offense under'' the following: ``section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member),''; (B) by inserting after ``section 215 (relating to commissions or gifts for procuring loans),'' the following: ``section 351 (relating to congressional or Cabinet officer assassination),''; (C) by inserting after ``section 798 (relating to espionage),'' the following: ``section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce),''; (D) by inserting after ``section 875 (relating to interstate communications),'' the following: ``section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country),''; (E) by inserting after ``section 1032 (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution),'' the following: ``section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons),''; (F) by inserting after ``section 1203 (relating to hostage taking),'' the following: ``section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction),''; (G) by inserting after ``section 1708 (relating to theft from the mail),'' the following: ``section 1751 (relating to Presidential assassination),''; (H) by inserting after ``2114 (relating to bank and postal robbery and theft),'' the following: ``section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms),''; (I) by striking ``or section 2320'' and inserting ``section 2320''; and (J) by striking ``of this title'' and inserting the following: ``, section 2332 (relating to terrorist acts abroad against[[Page 110 STAT. 1302]] United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), or section 2339A (relating to providing material support to terrorists) of this title, section 46502 of title 49, United States Code,''.SEC. 727. PROTECTION OF FEDERAL EMPLOYEES; PROTECTION OF CURRENT OR FORMER OFFICIALS, OFFICERS, OR EMPLOYEES OF THE UNITED STATES. (a) Homicide.--Section 1114 of title 18, United States Code, is amended to read as follows:``Sec. 1114. Protection of officers and employees of the United States ``Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished-- ``(1) in the case of murder, as provided under section 1111; ``(2) in the case of manslaughter, as provided under section 1112; or ``(3) in the case of attempted murder or manslaughter, as provided in section 1113.''. (b) Threats Against Former Officers and Employees.-- (1) In General.--Section 115(a)(2) of title 18, United States Code, is amended by inserting ``, or threatens to assault, kidnap, or murder, any person who formerly served as a person designated in paragraph (1), or'' after ``assaults, kidnaps, or murders, or attempts to kidnap or murder''. (2) Limitation.--Section 115 of title 18, United States Code, is amended by adding at the end the following: ``(d) This section shall not interfere with the investigative authority of the United States Secret Service, as provided under sections 3056, 871, and 879 of this title.''. (c) Amendment To Clarify the Meaning of the Term Deadly or Dangerous Weapon in the Prohibition on Assault on Federal Officers or Employees.--Section 111(b) of title 18, United States Code, is amended by inserting ``(including a weapon intended to cause death or danger but that fails to do so by reason of a defective component)'' after ``deadly or dangerous weapon''.SEC. 728. DEATH PENALTY AGGRAVATING FACTOR. Section 3592(c) of title 18, United States Code, is amended by inserting after paragraph (15) the following new paragraph: ``(16) Multiple killings or attempted killings.--The defendant intentionally killed or attempted to kill more than one person in a single criminal episode.''.SEC. 729. DETENTION HEARING. Section 3142(f) of title 18, United States Code, is amended by inserting ``(not including any intermediate Saturday, Sunday, or legal holiday)'' after ``five days'' and after ``three days''.[[Page 110 STAT. 1303]]SEC. 730. DIRECTIONS TO SENTENCING COMMISSION. The United States Sentencing Commission shall forthwith, in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987, as though the authority under that section had not expired, amend the sentencing guidelines so that the chapter 3 adjustment relating to international terrorism only applies to Federal crimes of terrorism, as defined in section 2332b(g) of title 18, United States Code.SEC. 731. EXCLUSION OF CERTAIN TYPES OF INFORMATION FROM DEFINITIONS. Section 2510 of title 18, United States Code, is amended-- (1) in paragraph (12)-- (A) by striking ``or'' at the end of subparagraph (B); (B) by adding ``or'' at the end of subparagraph (C); and (C) by adding at the end the following new subparagraph: ``(D) electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds;''; and (2) in paragraph (16)-- (A) by adding ``or'' at the end of subparagraph (D); (B) by striking ``or'' at the end of subparagraph (E); and (C) by striking subparagraph (F).SEC. 732. MARKING, RENDERING INERT, AND LICENSING OF EXPLOSIVE MATERIALS. (a) Study.-- (1) In general.--Not later than 12 months after the date of enactment of this Act, the Secretary of the Treasury (referred to in this section as the ``Secretary'') shall conduct a study of-- (A) the tagging of explosive materials for purposes of detection and identification; (B) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials inert; (C) the feasibility and practicability of imposing controls on certain precursor chemicals used to manufacture explosive materials; and (D) State licensing requirements for the purchase and use of commercial high explosives, including-- (i) detonators; (ii) detonating cords; (iii) dynamite; (iv) water gel; (v) emulsion; (vi) blasting agents; and (vii) boosters. (2) Exclusion.--No study conducted under this subsection or regulation proposed under subsection (e) shall include black or smokeless powder among the explosive materials considered. (b) Consultation.-- (1) In general.--In conducting the study under subsection (a), the Secretary shall consult with--[[Page 110 STAT. 1304]] (A) Federal, State, and local officials with expertise in the area of chemicals used to manufacture explosive materials; and (B) such other individuals as the Secretary determines are necessary. (2) Fertilizer research centers.--In conducting any portion of the study under subsection (a) relating to the regulation and use of fertilizer as a pre-explosive material, the Secretary of the Treasury shall consult with and receive input from non- profit fertilizer research centers. (c) Report.--Not later than 30 days after the completion of the study conducted under subsection (a), the Secretary shall submit a report to the Congress, which shall be made public, that contains-- (1) the results of the study; (2) any recommendations for legislation; and (3) any opinions and findings of the fertilizer research centers. (d) Hearings.--Congress shall have not less than 90 days after the submission of the report under subsection (c) to-- (1) review the results of the study; and (2) hold hearings and receive testimony regarding the recommendations of the Secretary. (e) Regulations.-- (1) In general.-- Not later than 6 months after the submission of the report required by subsection (c), the Secretary may submit to Congress and publish in the Federal Register draft regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States, of such character and in such quantity as the Secretary may authorize or require, if the results of the study conducted under subsection (a) indicate that the tracer elements-- (A) will not pose a risk to human life or safety; (B) will substantially assist law enforcement officers in their investigative efforts; (C) will not substantially impair the quality of the explosive materials for their intended lawful use; (D) will not have a substantially adverse effect on the environment; and (E) the costs associated with the addition of the tracers will not outweigh benefits of their inclusion. (2) Effective date.--The regulations under paragraph (1) shall take effect 270 days after the Secretary submits proposed regulations to Congress pursuant to paragraph (1), except to the extent that the effective date is revised or the regulation is otherwise modified or disapproved by an Act of Congress. TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT Subtitle A--Resources and SecuritySEC. 801. OVERSEAS LAW ENFORCEMENT TRAINING ACTIVITIES. The Attorney General and the Secretary of the Treasury are authorized to support law enforcement training activities in foreign[[Page 110 STAT. 1305]]countries, in consultation with the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses.SEC. 802. SENSE OF CONGRESS. It is the sense of the Congress that, whenever practicable, each recipient of any sum authorized to be appropriated by this Act, should use the money to purchase American-made products.SEC. 803. PROTECTION OF FEDERAL GOVERNMENT BUILDINGS IN THE DISTRICT OF COLUMBIA. The Attorney General and the Secretary of the Treasury may prohibit-- (1) any vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia used by law enforcement authorities subject to their jurisdiction, that is in whole or in part owned, possessed, or leased to the Federal Government; and (2) any person or entity from conducting business on any property immediately adjacent to any building described in paragraph (1).SEC. 804. REQUIREMENT TO PRESERVE RECORD EVIDENCE. Section 2703 of title 18, United States Code, is amended by adding at the end the following new subsection: ``(f) Requirement To Preserve Evidence.-- ``(1) In general.--A provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, shall take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process. ``(2) Period of retention.--Records referred to in paragraph (1) shall be retained for a period of 90 days, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity.''.SEC. 805. DETERRENT AGAINST TERRORIST ACTIVITY DAMAGING A FEDERAL INTEREST COMPUTER. (a) Review.--Not later than 60 calendar days after the date of enactment of this Act, the United States Sentencing Commission shall review the deterrent effect of existing guideline levels as they apply to paragraphs (4) and (5) of section 1030(a) of title 18, United States Code. (b) Report.--The United States Sentencing Commission shall prepare and transmit a report to the Congress on the findings under the study conducted under subsection (a). (c) Amendment of Guidelines.--Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall amend the sentencing guidelines to ensure any individual convicted of a violation of paragraph (4) or (5) of section 1030(a) of title 18, United States Code, is imprisoned for not less than 6 months.SEC. 806. COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW ENFORCEMENT. (a) Establishment.--There is established a commission to be known as the ``Commission on the Advancement of Federal Law[[Page 110 STAT. 1306]]Enforcement'' (hereinafter in this section referred to as the ``Commission''). (b) Duties.--The Commission shall review, ascertain, evaluate, report, and recommend action to the Congress on the following matters: (1) The Federal law enforcement priorities for the 21st century, including Federal law enforcement capability to investigate and deter adequately the threat of terrorism facing the United States. (2) In general, the manner in which significant Federal criminal law enforcement operations are conceived, planned, coordinated, and executed. (3) The standards and procedures used by Federal law enforcement to carry out significant Federal criminal law enforcement operations, and their uniformity and compatibility on an interagency basis, including standards related to the use of deadly force. (4) The investigation and handling of specific Federal criminal law enforcement cases by the United States Government and the Federal law enforcement agencies therewith, selected at the Commission's discretion. (5) The necessity for the present number of Federal law enforcement agencies and units. (6) The location and efficacy of the office or entity directly responsible, aside from the President of the United States, for the coordination on an interagency basis of the operations, programs, and activities of all of the Federal law enforcement agencies. (7) The degree of assistance, training, education, and other human resource management assets devoted to increasing professionalism for Federal law enforcement officers. (8) The independent accountability mechanisms that exist, if any, and their efficacy to investigate, address, and to correct Federal law enforcement abuses. (9) The degree of coordination among law enforcement agencies in the area of international crime and the extent to which deployment of resources overseas diminishes domestic law enforcement. (10) The extent to which Federal law enforcement agencies coordinate with State and local law enforcement agencies on Federal criminal enforcement operations and programs that directly affect a State or local law enforcement agency's geographical jurisdiction. (11) Such other related matters as the Commission deems appropriate. (c) Membership and Administrative Provisions.-- (1) Number and appointment.--The Commission shall be composed of 5 members appointed as follows: (A) 1 member appointed by the President pro tempore of the Senate. (B) 1 member appointed by the minority leader of the Senate. (C) 1 member appointed by the Speaker of the House of Representatives. (D) 1 member appointed by the minority leader of the House of Representatives.[[Page 110 STAT. 1307]] (E) 1 member (who shall chair the Commission) appointed by the Chief Justice of the Supreme Court. (2) Disqualification.--A person who is an officer or employee of the United States shall not be appointed a member of the Commission. (3) Terms.--Each member shall be appointed for the life of the Commission. (4) Quorum.--3 members of the Commission shall constitute a quorum but a lesser number may hold hearings. (5) Meetings.--The Commission shall meet at the call of the Chair of the Commission. (6) Compensation.--Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including travel time, during which the member is engaged in the performance of the duties of the Commission. (d) Staffing and Support Functions.-- (1) Director.--The Commission shall have a director who shall be appointed by the Chair of the Commission. (2) Staff.--Subject to rules prescribed by the Commission, the Director may appoint additional personnel as the Commission considers appropriate. (3) Applicability of certain civil service laws.--The Director and staff of the Commission shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. (e) Powers.-- (1) Hearings and sessions.--The Commission may, for the purposes of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. The Commission may establish rules for its proceedings. (2) Powers of members and agents.--Any member or agent of the Commission may, if authorized by the Commission, take any action which the Commission is authorized to take by this section. (3) Obtaining official data.--The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this section. Upon request of the Chair of the Commission, the head of that department or agency shall furnish that information to the Commission, unless doing so would threaten the national security, the health or safety of any individual, or the integrity of an ongoing investigation. (4) Administrative support services.--Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this title.[[Page 110 STAT. 1308]] (f) Report.--The Commission shall transmit a report to the Congress and the public not later than 2 years after a quorum of the Commission has been appointed. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with the Commission's recommendations for such actions as the Commission considers appropriate. (g) Termination.--The Commission shall terminate 30 days after submitting the report required by this section.SEC. 807. COMBATTING INTERNATIONAL COUNTERFEITING OF UNITED STATES CURRENCY. (a) In General.--The Secretary of the Treasury (hereafter in this section referred to as the ``Secretary''), in consultation with the advanced counterfeit deterrence steering committee, shall-- (1) study the use and holding of United States currency in foreign countries; and (2) develop useful estimates of the amount of counterfeit United States currency that circulates outside the United States each year. (b) Evaluation Audit Plan.-- (1) In general.--The Secretary shall develop an effective international evaluation audit plan that is designed to enable the Secretary to carry out the duties described in subsection (a) on a regular and thorough basis. (2) Submission of detailed written summary.--The Secretary shall submit a detailed written summary of the evaluation audit plan developed pursuant to paragraph (1) to the Congress before the end of the 6-month period beginning on the date of the enactment of this Act. (3) First evaluation audit under plan.--The Secretary shall begin the first evaluation audit pursuant to the evaluation audit plan no later than the end of the 1-year period beginning on the date of the enactment of this Act. (4) Subsequent evaluation audits.--At least 1 evaluation audit shall be performed pursuant to the evaluation audit plan during each 3-year period beginning after the date of the commencement of the evaluation audit referred to in paragraph (3). (c) Reports.-- (1) In general.--The Secretary shall submit a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate on the results of each evaluation audit conducted pursuant to subsection (b) within 90 days after the completion of the evaluation audit. (2) Contents.--In addition to such other information as the Secretary may determine to be appropriate, each report submitted to the Congress pursuant to paragraph (1) shall include the following information: (A) A detailed description of the evaluation audit process and the methods used to develop estimates of the amount of counterfeit United States currency in circulation outside the United States. (B) The method used to determine the currency sample examined in connection with the evaluation audit and a statistical analysis of the sample examined.[[Page 110 STAT. 1309]] (C) A list of the regions of the world, types of financial institutions, and other entities included. (D) An estimate of the total amount of United States currency found in each region of the world. (E) The total amount of counterfeit United States currency and the total quantity of each counterfeit denomination found in each region of the world. (3) Classification of information.-- (A) In general.--To the greatest extent possible, each report submitted to the Congress under this subsection shall be submitted in an unclassified form. (B) Classified and unclassified forms.--If, in the interest of submitting a complete report under this subsection, the Secretary determines that it is necessary to include classified information in the report, the report shall be submitted in a classified and an unclassified form. (d) Sunset Provision.--This section shall cease to be effective as of the end of the 10-year period beginning on the date of the enactment of this Act. (e) Rule of Construction.--No provision of this section shall be construed as authorizing any entity to conduct investigations of counterfeit United States currency. (f) Findings.--The Congress hereby finds the following: (1) United States currency is being counterfeited outside the United States. (2) The One Hundred Third Congress enacted, with the approval of the President on September 13, 1994, section 470 of title 18, United States Code, making such activity a crime under the laws of the United States. (3) The expeditious posting of agents of the United States Secret Service to overseas posts, which is necessary for the effective enforcement of section 470 and related criminal provisions, has been delayed. (4) While section 470 of title 18, United States Code, provides for a maximum term of imprisonment of 20 years as opposed to a maximum term of 15 years for domestic counterfeiting, the United States Sentencing Commission has failed to provide, in its sentencing guidelines, for an appropriate enhancement of punishment for defendants convicted of counterfeiting United States currency outside the United States. (g) Timely Consideration of Requests for Concurrence in Creation of Overseas Posts.-- (1) In general.--The Secretary of State shall-- (A) consider in a timely manner the request by the Secretary of the Treasury for the placement of such number of agents of the United States Secret Service as the Secretary of the Treasury considers appropriate in posts in overseas embassies; and (B) reach an agreement with the Secretary of the Treasury on such posts as soon as possible and, in any event, not later than December 31, 1996. (2) Cooperation of treasury required.--The Secretary of the Treasury shall promptly provide any information requested by the Secretary of State in connection with such requests.[[Page 110 STAT. 1310]] (3) Reports required.--The Secretary of the Treasury and the Secretary of State shall each submit, by February 1, 1997, a written report to the Committee on Banking and Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate explaining the reasons for the rejection, if any, of any proposed post and the reasons for the failure, if any, to fill any approved post by such date. (h) Enhanced Penalties for International Counterfeiting of United States Currency.--Pursuant to the authority of the United States Sentencing Commission under section 994 of title 28, United States Code, the Commission shall amend the sentencing guidelines prescribed by the Commission to provide an appropriate enhancement of the punishment for a defendant convicted under section 470 of title 18 of such Code.SEC. 808. COMPILATION OF STATISTICS RELATING TO INTIMIDATION OF GOVERNMENT EMPLOYEES. (a) Findings.--The Congress finds that-- (1) threats of violence and acts of violence against Federal, State, and local government employees and their families are increasing as the result of attempts to stop public servants from performing their lawful duties; (2) these acts are a danger to the constitutional form of government of the United States; and (3) more information is needed relating to the extent and nature of the danger to these employees and their families so that actions can be taken to protect public servants at all levels of government in the performance of their duties. (b) Statistics.--The Attorney General shall collect data, for the calendar year 1990 and each succeeding calendar year thereafter, relating to crimes and incidents of threats of violence and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties. Such data shall include-- (1) in the case of crimes against such employees and their families, the nature of the crime; and (2) in the case of incidents of threats of violence and acts of violence, including verbal and implicit threats against such employees and their families, the deterrent effect on the performance of their jobs. (c) Guidelines.--The Attorney General shall establish guidelines for the collection of the data under subsection (b), including a definition of the sufficiency of evidence of noncriminal incidents required to be reported. (d) Use of Data.-- (1) Annual publishing.--The Attorney General shall publish an annual summary of the data collected under this section. (2) Use of data.--Except with respect to the summary published under paragraph (1), data collected under this section shall be used only for research and statistical purposes. (e) Exemption.--The Attorney General, the Secretary of State, and the United States Secret Service is not required to participate in any statistical reporting activity under this section with respect to any direct or indirect threat made against any individual for whom that official or Service is authorized to provide protection.[[Page 110 STAT. 1311]]SEC. 809. ASSESSING AND REDUCING THE THREAT TO LAW ENFORCEMENT OFFICERS FROM THE CRIMINAL USE OF FIREARMS AND AMMUNITION. (a) The Secretary of the Treasury, in conjunction with the Attorney General, shall conduct a study and make recommendations concerning-- (1) the extent and nature of the deaths and serious injuries, in the line of duty during the last decade, for law enforcement officers, including-- (A) those officers who were feloniously killed or seriously injured and those that died or were seriously injured as a result of accidents or other non-felonious causes; (B) those officers feloniously killed or seriously injured with firearms, those killed or seriously injured with, separately, handguns firing handgun caliber ammunition, handguns firing rifle caliber ammunition, rifles firing rifle caliber ammunition, rifles firing handgun caliber ammunition and shotguns; (C) those officers feloniously killed or seriously injured with firearms, and killings or serious injuries committed with firearms taken by officers' assailants from officers, and those committed with other officers' firearms; and (D) those killed or seriously injured because shots attributable to projectiles defined as ``armor piercing ammunition'' under section 921(a)(17)(B) (i) and (ii) of title 18, United States Code, pierced the protective material of bullet resistant vests and bullet resistant headgear; (2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and (3) the calibers of ammunition that are-- (A) sold in the greatest quantities; (B) their common uses, according to consultations with industry, sporting organizations and law enforcement; (C) the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non-law enforcement sales of such ammunition, if such ammunition is capable of penetrating minimum level bullet resistant vests; and (D) recommendations for increase in body armor capabilities to further protect law enforcement from threat. (b) In conducting the study, the Secretary shall consult with other Federal, State and local officials, non-governmental organizations, including all national police organizations, national sporting organizations and national industry associations with expertise in this area and such other individuals as shall be deemed necessary. Such study shall be presented to Congress twelve months after the enactment of this Act and made available to the public, including any data tapes or data used to form such recommendations. (c) There are authorized to be appropriated for the study and recommendations such sums as may be necessary.SEC. 810. STUDY AND REPORT ON ELECTRONIC SURVEILLANCE. (a) Study.--The Attorney General and the Director of the Federal Bureau of Investigation shall study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices.[[Page 110 STAT. 1312]] (b) Report.--Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit a report to the Congress that includes-- (1) the findings of the study conducted pursuant to subsection (a); (2) recommendations for the use of electronic devices in conducting surveillance of terrorist or other criminal organizations, and for any modifications in the law necessary to enable the Federal Government to fulfill its law enforcement responsibilities within appropriate constitutional parameters; (3) a summary of instances in which Federal law enforcement authorities may have abused electronic surveillance powers and recommendations, if needed, for constitutional safeguards relating to the use of such powers; and (4) a summary of efforts to use current wiretap authority, including detailed examples of situations in which expanded authority would have enabled law enforcement authorities to fulfill their responsibilities. Subtitle B--Funding Authorizations for Law EnforcementSEC. 811. FEDERAL BUREAU OF INVESTIGATION. (a) In General.--With funds made available pursuant to subsection (c)-- (1) the Attorney General shall-- (A) provide support and enhance the technical support center and tactical operations of the Federal Bureau of Investigation; (B) create a Federal Bureau of Investigation counterterrorism and counterintelligence fund for costs associated with the investigation of cases involving cases of terrorism; (C) expand and improve the instructional, operational support, and construction of the Federal Bureau of Investigation Academy; (D) construct a Federal Bureau of Investigation laboratory, provide laboratory examination support, and provide for a command center; (E) make grants to States to carry out the activities described in subsection (b); and (F) increase personnel to support counterterrorism activities; and (2) the Director of the Federal Bureau of Investigation may expand the combined DNA Identification System (CODIS) to include Federal crimes and crimes committed in the District of Columbia. (b) State Grants.-- (1) Authorization.--The Attorney General, in consultation with the Director of the Federal Bureau of Investigation, may make grants to each State eligible under paragraph (2) to be used by the chief executive officer of the State, in conjunction with units of local government, other States, or any combination thereof, to carry out all or part of a program to establish, develop, update, or upgrade--[[Page 110 STAT. 1313]] (A) computerized identification systems that are compatible and integrated with the databases of the National Crime Information Center of the Federal Bureau of Investigation; (B) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the combined DNA Identification System (CODIS) of the Federal Bureau of Investigation; and (C) automated fingerprint identification systems that are compatible and integrated with the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation. (2) Eligibility.--To be eligible to receive a grant under this subsection, a State shall require that each person convicted of a felony of a sexual nature shall provide to appropriate State law enforcement officials, as designated by the chief executive officer of the State, a sample of blood, saliva, or other specimen necessary to conduct a DNA analysis consistent with the standards established for DNA testing by the Director of the Federal Bureau of Investigation. (3) Interstate compacts.--A State may enter into a compact or compacts with another State or States to carry out this subsection. (c) Authorization of Appropriations.-- (1) In general.--There are authorized to be appropriated for the activities of the Federal Bureau of Investigation, to help meet the increased demands for activities to combat terrorism-- (A) $114,000,000 for fiscal year 1997; (B) $166,000,000 for fiscal year 1998; (C) $96,000,000 for fiscal year 1999; and (D) $92,000,000 for fiscal year 2000. (2) Availability of funds.--Funds made available pursuant to paragraph (1), in any fiscal year, shall remain available until expended. (3) Allocation.-- (A) In general.--Of the total amount appropriated to carry out subsection (b) in a fiscal year-- (i) the greater of 0.25 percent of such amount or $500,000 shall be allocated to each eligible State; and (ii) of the total funds remaining after the allocation under clause (i), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this subparagraph as the population of such State bears to the population of all States. (B) Definition.--For purposes of this paragraph, the term ``State'' means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, except that for purposes of the allocation under this subparagraph, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as one State and that for these purposes, 67 percent of the amounts allocated[[Page 110 STAT. 1314]] shall be allocated to American Samoa, and 33 percent to the Commonwealth of the Northern Mariana Islands.SEC. 812. UNITED STATES CUSTOMS SERVICE. (a) In General.--There are authorized to be appropriated for the activities of the United States Customs Service, to help meet the increased needs of the United States Customs Service-- (1) $8,000,000 for fiscal year 1997; (2) $8,000,000 for fiscal year 1998; (3) $8,000,000 for fiscal year 1999; and (4) $7,000,000 for fiscal year 2000. (b) Availability of Funds.--Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.SEC. 813. IMMIGRATION AND NATURALIZATION SERVICE. (a) In General.--There are authorized to be appropriated for the activities of the Immigration and Naturalization Service, to help meet the increased needs of the Immigration and Naturalization Service, including the detention and removal of alien terrorists, $5,000,000 for each of the fiscal years 1997, 1998, 1999, and 2000. (b) Availability of Funds.--Funds made available pursuant to subsection (a), in any fiscal year, shall remain available until expended.SEC. 814. DRUG ENFORCEMENT ADMINISTRATION. (a) Activities of Drug Enforcement Administration.--The Attorney General shall use funds made available pursuant to subsection (b) to-- (1) fund antiviolence crime initiatives; (2) fund initiatives to address major violators of Federal antidrug statutes; and (3) enhance or replace infrastructure of the Drug Enforcement Administration. (b) Authorization of Appropriations.--There are authorized to be appropriated to the Drug Enforcement Administration, to help meet the increased needs of the Drug Enforcement Administration-- (1) $35,000,000 for fiscal year 1997; (2) $40,000,000 for fiscal year 1998; (3) $45,000,000 for fiscal year 1999; and (4) $52,000,000 for fiscal year 2000. (c) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.SEC. 815. DEPARTMENT OF JUSTICE. (a) In General.--The Attorney General shall use funds made available pursuant to subsection (b) to-- (1) hire additional Assistant United States Attorneys and attorneys within the Criminal Division of the Department of Justice; and (2) provide for increased security at courthouses and other facilities in which Federal workers are employed. (b) Authorization of Additional Appropriations.--There are authorized to be appropriated to carry out this section-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998;[[Page 110 STAT. 1315]] (3) $10,000,000 for fiscal year 1999; and (4) $11,000,000 for fiscal year 2000. (c) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended. (d) Exemption Authority.--Notwithstanding any other provision of law, section 102(b) of the Department of Justice and Related Agencies Appropriations Act, 1993 (Public Law 102-395), shall remain in effect until specifically repealed, subject to any limitation on appropriations contained in any Department of Justice Appropriation Authorization Act. (e) General Reward Authority of the Attorney General.-- (1) In general.--Chapter 203 of title 18, United States Code, is amended by adding immediately after section 3059A the following section:``Sec. 3059B. General reward authority ``(a) Notwithstanding any other provision of law, the Attorney General may pay rewards and receive from any department or agency funds for the payment of rewards under this section to any individual who assists the Department of Justice in performing its functions. ``(b) Not later than 30 days after authorizing a reward under this section that exceeds $100,000, the Attorney General shall give notice to the respective chairmen of the Committees on Appropriations and the Committees on the Judiciary of the Senate and the House of Representatives. ``(c) A determination made by the Attorney General to authorize an award under this section and the amount of any reward authorized shall be final and conclusive, and not subject to judicial review.''.SEC. 816. DEPARTMENT OF THE TREASURY. (a) In General.--There are authorized to be appropriated for Department of Treasury law enforcement agencies engaged in counterterrorism efforts to augment those efforts-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998; (3) $10,000,000 for fiscal year 1999; and (4) $10,000,000 for fiscal year 2000. (b) United States Secret Service.--There are authorized to be appropriated for the activities of the United States Secret Service, to augment White House security and expand Presidential protection activities-- (1) $11,000,000 for fiscal year 1997; (2) $11,000,000 for fiscal year 1998; (3) $13,000,000 for fiscal year 1999; and (4) $15,000,000 for fiscal year 2000.SEC. 817. UNITED STATES PARK POLICE. (a) In General.--There are authorized to be appropriated for the activities of the United States Park Police, to help meet the increased needs of the United States Park Police, $500,000 for each of the fiscal years 1997, 1998, 1999, and 2000. (b) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.[[Page 110 STAT. 1316]]SEC. 818. THE JUDICIARY. (a) In General.--There are authorized to be appropriated to the Federal judiciary, to help meet the increased demands for judicial branch activities, including supervised release, and pretrial and probation services, resulting from the enactment of this Act-- (1) $10,000,000 for fiscal year 1997; (2) $10,000,000 for fiscal year 1998; (3) $10,000,000 for fiscal year 1999; and (4) $11,000,000 for fiscal year 2000. (b) Availability of Funds.--Funds made available pursuant to this section, in any fiscal year, shall remain available until expended.SEC. 819. LOCAL FIREFIGHTER AND EMERGENCY SERVICES TRAINING. (a) Grant Authorization.--The Attorney General, in consultation with the Director of the Federal Emergency Management Agency, may make grants to provide specialized training and equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. (b) Authorization of Appropriations.--There are authorized to be appropriated for fiscal year 1997, $5,000,000 to carry out this section.SEC. 820. ASSISTANCE TO FOREIGN COUNTRIES TO PROCURE EXPLOSIVE DETECTION DEVICES AND OTHER COUNTERTERRORISM TECHNOLOGY. There are authorized to be appropriated to the National Institute of Justice Office of Science and Technology not more than $10,000,000 for each of the fiscal years 1997 and 1998 to provide assistance to foreign countries facing an imminent danger of terrorist attack that threatens the national interest of the United States, or puts United States nationals at risk, in-- (1) obtaining explosive detection devices and other counterterrorism technology; (2) conducting research and development projects on such technology; and (3) testing and evaluating counterterrorism technologies in those countries.SEC. 821. RESEARCH AND DEVELOPMENT TO SUPPORT COUNTERTERRORISM TECHNOLOGIES. There are authorized to be appropriated to the National Institute of Justice Office of Science and Technology not more than $10,000,000 for fiscal year 1997, to-- (1) develop technologies that can be used to combat terrorism, including technologies in the areas of-- (A) detection of weapons, explosives, chemicals, and persons; (B) tracking; (C) surveillance; (D) vulnerability assessment; and (E) information technologies; (2) develop standards to ensure the adequacy of products produced and compatibility with relevant national systems; and (3) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism.[[Page 110 STAT. 1317]]SEC. 822. GRANTS TO STATE AND LOCAL LAW ENFORCEMENT FOR TRAINING AND EQUIPMENT. (a) Amendment of Byrne Grant Program.--Section 501(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) is amended-- (1) by striking ``and'' at the end of paragraph (24); (2) by striking the period at the end of paragraph (25) and inserting ``; and''; and (3) by adding at the end the following new paragraph: ``(26) to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities.''. (b) Authorization of Appropriations.--There are authorized to be appropriated $25,000,000 for each of fiscal years 1997 through 2000 for grants under section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3751(b)) to be used for the development and implementation of antiterrorism training programs and to procure equipment for use by local law enforcement authorities.SEC. 823. FUNDING SOURCE. Appropriations for activities authorized in this subtitle may be made from the Violent Crime Reduction Trust Fund. TITLE IX--MISCELLANEOUSSEC. 901. EXPANSION OF TERRITORIAL SEA. (a) Territorial Sea Extending to Twelve Miles Included in Special Maritime and Territorial Jurisdiction.--The Congress declares that all the territorial sea of the United States, as defined by Presidential Proclamation 5928 of December 27, 1988, for purposes of Federal criminal jurisdiction is part of the United States, subject to its sovereignty, and is within the special maritime and territorial jurisdiction of the United States for the purposes of title 18, United States Code. (b) Assimilated Crimes in Extended Territorial Sea.--Section 13 of title 18, United States Code, is amended-- (1) in subsection (a), by inserting after ``title,'' the following: ``or on, above, or below any portion of the territorial sea of the United States not within the jurisdiction of any State, Commonwealth, territory, possession, or district''; and (2) by adding at the end the following new subsection: ``(c) Whenever any waters of the territorial sea of the United States lie outside the territory of any State, Commonwealth, territory, possession, or district, such waters (including the airspace above and the seabed and subsoil below, and artificial islands and fixed structures erected thereon) shall be deemed, for purposes of subsection (a), to lie within the area of the State, Commonwealth, territory, possession, or district that it would lie within if the boundaries of such State, Commonwealth, territory, possession, or district were extended seaward to the outer limit of the territorial sea of the United States.''.SEC. 902. PROOF OF CITIZENSHIP. Notwithstanding any other provision of law, a Federal, State, or local government agency may not use a voter registration card (or other related document) that evidences registration for an elec[[Page 110 STAT. 1318]]tion for Federal office, as evidence to prove United States citizenship.SEC. 903. REPRESENTATION FEES IN CRIMINAL CASES. (a) In General.--Section 3006A of title 18, United States Code, is amended-- (1) in subsection (d)-- (A) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7), respectively; and (B) by inserting after paragraph (3) the following: ``(4) Disclosure of fees.--The amounts paid under this subsection, for representation in any case, shall be made available to the public.''; and (2) in subsection (e) by adding at the end the following: ``(4) Disclosure of fees.--The amounts paid under this subsection for services in any case shall be made available to the public.''. (b) Fees and Expenses and Capital Cases.--Section 408(q)(10) of the Controlled Substances Act (21 U.S.C. 848(q)(10)) is amended to read as follows: ``(10)(A) Compensation shall be paid to attorneys appointed under this subsection at a rate of not more than $125 per hour for in-court and out-of-court time. Not less than 3 years after the date of the enactment of the Antiterrorism and Effective Death Penalty Act of 1996, the Judicial Conference is authorized to raise the maximum for hourly payment specified in the paragraph up to the aggregate of the overall average percentages of the adjustments in the rates of pay for the General Schedule made pursuant to section 5305 of title 5 on or after such date. After the rates are raised under the preceding sentence, such hourly range may be raised at intervals of not less than one year, up to the aggregate of the overall average percentages of such adjustments made since the last raise under this paragraph. ``(B) Fees and expenses paid for investigative, expert, and other reasonably necessary services authorized under paragraph (9) shall not exceed $7,500 in any case, unless payment in excess of that limit is certified by the court, or by the United States magistrate judge, if the services were rendered in connection with the case disposed of entirely before such magistrate judge, as necessary to provide fair compensation for services of an unusual character or duration, and the amount of the excess payment is approved by the chief judge of the circuit. The chief judge of the circuit may delegate such approval authority to an active circuit judge. ``(C) The amounts paid under this paragraph for services in any case shall be disclosed to the public, after the disposition of the petition.''. (c) Effective Date.--The amendments made by this section apply to-- (1) cases commenced on or after the date of the enactment of this Act; and (2) appellate proceedings, in which an appeal is perfected, on or after the date of the enactment of this Act.[[Page 110 STAT. 1319]]SEC. 904. SEVERABILITY. If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the application of the provisions of such to any person or circumstance shall not be affected thereby. Approved April 24, 1996.LEGISLATIVE HISTORY--S. 735 (H.R. 1710) (H.R. 2703):---------------------------------------------------------------------------HOUSE REPORTS: Nos. 104-383 accompanying H.R. 1710 (Comm. on the Judiciary) and 104-518 (Comm. of Conference).CONGRESSIONAL RECORD: Vol. 141 (1995): May 25, 26, June 5-7, considered and passed Senate. Vol. 142 (1996): Mar. 13, 14, H.R. 2703 considered and passed House; S. 735, amended, passed in lieu. Apr. 16, 17, Senate considered and agreed to conference report. Apr. 18, House agreed to conference report.WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996): Apr. 24, Presidential remarks and statement.
EXPLAINED-Controversial Oregon ranchers in court Wednesday, likely headed back to prison in arson case | OregonLive.com
Oregon's chief U.S. District judge on Wednesday will re-sentence two cattle ranchers who served time behind bars for setting fires to protect their livelihoods '' blazes that damaged federal lands. Supporters of Harney County ranchers Dwight L. Hammond Jr. and his son, Steven D. Hammond, say their troubles are part of a deep rift between government land managers and the ranchers who lease the property for cattle grazing and other agribusiness. But their problems also offer a rare glimpse at a 1996 law intended to punish domestic terrorists, a statute that carries a mandatory minimum sentence likely to put the cattlemen back in prison. "I find it incredible that the government would want to try these ranchers as terrorists," said Barry Bushue, the longtime president of the Oregon Farm Bureau. "Now is where the rubber meets the road. Right now is when the public should absolutely be incensed. And the public, I think, should be fearful." The Hammonds' run-ins with the government began in 1999, when Steven Hammond started a fire that escaped onto U.S. Bureau of Land Management territory. The intent of the fire was to burn off juniper and sagebrush that hindered the growth of grass for their cattle. BLM employees reminded Steven Hammond that although his family leased public land for grazing, he couldn't burn it without a permit. But in September 2001, the Hammonds started another fire. This one ran off their property on Steens Mountain, consumed 139 acres of public land and took the acreage out of production for two growing seasons, according to court papers. Then in August 2006, lightning sparked several fires near the spot where the Hammonds grew their winter feed. Steven Hammond set a back-burn to thwart the advancing flames, and it burned across about an acre of public land, according to federal court records. A jury in June 2012 found the Hammonds guilty of arson for the 2001 blaze that came to be called the Hardie-Hammond Fire. Steven Hammond also was convicted for arson in the 2006 Krumbo Butte Fire. The convictions were punishable by a mandatory minimum sentence of five years in prison under the Antiterrorism and Effective Death Penalty Act of 1996, which followed the Oklahoma City bombing and other deadly acts of domestic terrorism. But on Oct. 30, 2012, U.S. District Judge Michael R. Hogan, presiding in his last sentencing before leaving the bench, said the Hammonds' conduct wasn't in keeping with the intentions of the law. That law might apply, Hogan said, if someone intentionally burned sagebrush in the suburbs of Los Angeles, where fire can burn up ravines to houses. "Out in the wilderness here, I don't think that's what Congress intended," the judge said. "I am not supposed to use the word 'fairness' in criminal law. I know that I had a criminal law professor a long time ago yell at me for doing that. And I don't do that. But this '' it would be a sentence that would shock the conscience to me." Hogan sentenced Dwight Hammond, now 73, to three months in prison. He sentenced Steven Hammond, now 46, to one year and one day in prison, a sentence that with time off for good behavior would mean about 10 months. The men completed their sentences and were required to repay about $400,000 in damages to the government. Government lawyers appealed the sentence, saying it wasn't stiff enough. In February 2014, a three-judge panel from the 9th U.S. Circuit Court of Appeals agreed. "A minimum sentence mandated by the statute is not a suggestion that courts have discretion to disregard," Judge Stephen J. Murphy III wrote in the opinion. Murphy noted that even a fire in a remote area such as Harney County had the potential to spread and threaten the lives of residents and crews called out to battle the fire. The appeals court ruled that the Hammonds must be returned to the district court for resentencing. Kelly Zusman, the appellate chief for the U.S. Attorney's Office in Portland, applauded the decision, saying the Hammonds' conduct was what Congress intended when it established the five-year mandatory minimum. Chief U.S. District Judge Ann Aiken is scheduled to sentence the Hammonds at 10:30 a.m. Wednesday in Eugene.
There has recently been a spate of articles in the US that have tried to deny that the US promised Russia in 1990 that NATO would not expand eastward if Russia agreed to German reunification. This article by a US scholar confirms that such a promise was indeed given and that the fact the promise was broken explains much of Russian policy towards the West. This article originally appeared in Foreign Affairs
During negotiations over German reunification in 1990, did the United States promise the Soviet Union that NATO would not expand into eastern Europe? The answer remains subject to heated debate. Today, Moscow defends its invasion of Ukraine by claiming that NATO reneged on a promise to stay out of Russia's backyard. Skeptics, meanwhile, counter that Russian claims are a pretext for aggression; in their view, Washington and its allies never formally committed to forego NATO expansion.
The skeptics are correct that the two sides never codified a deal on NATO's future presence in the east. But they misinterpret the precise implications of negotiations that took place throughout 1990. After all, scholars and practitioners have long recognized that informal commitments count in world politics. This was particularly true during the Cold War: as the historian Marc Trachtenberg has shown, the Cold War settlement itself emerged from European, Soviet, and U.S. diplomatic initiatives in the late 1950s and 1960s that were not formalized until nearly a decade later.
However problematic its recent behavior, then, Moscow has reason to argue that the West broke a promise. As declassified U.S. documents show, the George H. W. Bush administration and its allies worked hard to convince Soviet leaders that Europe's post''Cold War order would be mutually acceptable, as the Soviet Union would retrench and NATO would remain in place. Yet U.S. policymakers may not have intended to make this vision a reality. And although there are many reasons to criticize recent Russian behavior, Russia may not be lying when it claims that a promise was broken. In the end, the United States overturned the system it promised to bring about.
To understand the nature of Western guarantees, a brief timeline is in order. The story begins in the months after the fall of the Berlin Wall, as policymakers struggled to determine whether and how a divided Germany might reunify. By early 1990, U.S. and West German officials decided to seek reunification. Uncertain about whether the Soviets would be willing to withdraw from East Germany, they decided to offer a quid pro quo.
On January 31, West German Foreign Minister Hans-Dietrich Genscher publicly declared that there would be ''no expansion of NATO territory eastward'' after reunification. Two days later, U.S. Secretary of State James Baker met with Genscher to discuss the plan. Although Baker did not publicly endorse Genscher's plan, it served as the basis for subsequent meetings between Baker, Soviet President Mikhail Gorbachev, and Soviet Foreign Minister Eduard Shevardnadze. During these discussions, Baker repeatedly underlined the informal deal on the table, first telling Shevardnadze that NATO's jurisdiction ''would not move eastward'' and later offering Gorbachev ''assurances that there would be no extension of NATO's current jurisdiction eastward.'' When Gorbachev argued that ''a broadening of the NATO zone'' was ''not acceptable,'' Baker replied, ''We agree with that.'' Most explicit was a meeting with Shevardnadze on February 9, in which Baker, according to the declassified State Department transcript, promised ''iron-clad guarantees that NATO's jurisdiction or forces would not move eastward.'' Hammering home the point, West German Chancellor Helmut Kohl advanced an identical pledge during meetings in Moscow the next day.
At that point, it was easy to see the outline of a new strategic landscape coming into view: Germany would reunify, the Soviet Union would pull back, and NATO would halt in place. According to any ordinary sense of the term ''east,'' all of the countries to which NATO later expanded would have remained outside the Western orbit. As a diplomatic cable summarizing Baker's meetings put it, ''The Secretary made clear that the U.S. had supported the goal of [German] unification for years; that we supported a unified Germany within NATO, but that we were prepared to ensure that NATO's military presence would not extend further eastward.'' Moscow could readily infer that Soviet agreement to reunify Germany would be met by Western restraint. So when Soviet officials agreed to negotiations over German reunification, they likely thought they were accepting a clear quid pro quo.
Skeptics offer two arguments to challenge the notion that such a post''Cold War arrangement was ever implied. The first is that the February meetings have to be understood more narrowly, as Baker, Kohl, and company were focused solely on Germany's future. Thus, the early February discussions constituted at best a limited pledge that NATO would not move into East Germany, rather than into eastern Europe writ large.
The second argument is more general: because Moscow did not explicitly accept the deal on the table, the reasoning goes, Western policymakers were free to revise their terms. And that is precisely what they did after the February meetings by offering East Germany a ''special military status'' within NATO. (East Germany's special status ultimately came to mean that NATO forces would simply have to wait four years before moving in.) By March, however, there was no further talk of excluding NATO from eastern Europe; neither Western nor Soviet leaders broached the subject again. From this perspective, an agreement did not emerge until late 1990: Moscow accepted a reunified Germany under NATO, which, in turn, agreed to delay its move into East Germany. Contrary to Moscow's claims, it was the Soviet failure to codify the February arrangement that make its allegations of a non-expansion pledge fallacious.
Both counterarguments are contestable. For one thing, Soviet and U.S. leaders were not na¯ve. They recognized that the two Germanies were crucial to both NATO and the Warsaw Pact. And they had long known that control of a united Germany would bring dominance in Europe. Even if the February meetings addressed only NATO's role in East Germany, the U.S. offer was functionally the same as a promise not to expand NATO further east. Any sensible strategist could assume that if NATO did not move into the most important Soviet satellite, then it would not move further east into less important states. Giving East Germany a special military status did not change that logic; instead, it suggested that Western leaders were willing to tie their hands when it came to the Soviets' most important ally.
What's more, Washington worked throughout 1990 to reinforce the premise of the early February meetings, namely that Moscow would not be isolated and that Washington would not reign supreme. As the Bush administration recognized, fears of NATO encroachment, resurgent German power, a loss of prestige, and limited freedom of maneuver drove Soviet paranoia. As Baker succinctly put it, ''The Soviet Union doesn't want to look like losers [sic].'' Western leaders thus advanced several initiatives to assuage Soviet concerns, including promises to expand the Conference on Security and Cooperation in Europe, limit military presence in Europe, and transform NATO into a more political organization. To Soviet leaders seeking, as Shevardnadze offered, ''some guarantee of security against a background of development not only in Germany but development in Eastern Europe,'' these offers looked like gifts. Even if East Germany joined NATO, the pledges provided new comfort. After all, if such interlocking agreements ensured that ''both the US and the USSR [would] have their rightful place'' in a ''New Europe,'' then NATO's eastward expansion would be off the table.
In short, U.S. initiatives overtly played to Soviet interests. Analysts who argue that Moscow missed an opportunity to tie NATO's hands or who see the negotiations centered narrowly on Germany miss the big picture. U.S. policy after February 1990 suggested that a mutually acceptable order would emerge'--one that would keep NATO out of eastern Europe'--to obtain a Soviet retreat.
It would be a stretch, however, to conclude that that Washington is guilty of duplicity and that Moscow's recent actions in Ukraine are justified. In diplomacy, deals are only as good as they are enforceable. With Soviet power in decline by 1990, the United States had a strong incentive to roll back the Soviet presence from Europe and consolidate what the diplomat George Kennan called central Europe's center ''of industrial and military power.'' Afterward, faced with a strategic vacuum in eastern Europe, Washington could be expected to view past promises as overtaken by events and NATO expansion as strategically necessary. This wasn't duplicity'--it was international politics as usual.
At the same time, Russian leaders may be telling the truth when they claim that Moscow's actions in Ukraine are driven by insecurity and fear. NATO's eastward march may have understandably left Russia feeling isolated, surrounded, and without reliable negotiating partners. No one foresaw the Ukrainian government falling to a revolution that had the sympathy of Western governments. Moscow's response may be condemnable but should not be surprising.
Since most of the proposed solutions to the Ukraine crisis depend on some form of Russian cooperation, policymakers should heed the core lesson of 1990: if Washington wants to reduce tensions with Moscow, it must meaningfully limit NATO's eastern presence. To this end, NATO leaders should resist calls to beef up the alliance's military role in eastern Europe and prepare for ongoing military competition with Russia. Only then can NATO provide Russia with credible assurances of its intentions. As in 1990, words will mean little without action.
Ukraine''European Union Association Agreement - Wikipedia, the free encyclopedia
Ukraine''European Union Association AgreementAssociation Agreement between the European Union and the European Atomic Energy Community and their member states, of the one part, and Ukraine, of the other partMap of Europe with the European Union in green and Ukraine in orange.
TypeEuropean Union Association AgreementContextframework for cooperation between the EU and a non-EU countryDrafted30 March 2012 (30 March 2012)Signed21 March 2014 (21 March 2014)(Preamble, Article 1 and Titles I, II, and VII)[1]27 June 2014 (27 June 2014)(Titles III, IV, V and VI, related Annexes and Protocols)[1]LocationBrussels, Belgium[1][2]EffectiveNot in forceConditionratification by all signatoriesProvisional application000000002014-11-01-00001 November 2014(Titles III, V, VI, and VII to the extent it is EU competence)[1][3][4]000000002016-01-01-00001 January 2016(Title IV, to the extent it is EU competence)Signatories European UnionEuropean Atomic Energy Community28 EU member states Ukraine[1]Ratifiers[1]DepositaryGeneral Secretariat of the Council of the European UnionLanguagesAll official languages of the European Union and UkrainianThe Ukraine''European Union Association Agreement is a treaty between the European Union (EU), Euratom, their 28 Member States and Ukraine that establishes a political and economic association between the parties. The parties committed to co-operate and converge economic policy, legislation, and regulation across a broad range of areas, including equal rights for workers, steps towards visa-free movement of people, the exchange of information and staff in the area of justice, the modernisation of Ukraine's energy infrastructure, and access to the European Investment Bank. The parties committed to regular summit meetings, and meetings among ministers, other officials, and experts. The agreement furthermore establishes a Deep and Comprehensive Free Trade Area between the parties.
The agreement commits Ukraine to economic, judicial, and financial reforms to converge its policies and legislation to those of the European Union. Ukraine committed to gradually conform to EU technical and consumer standards.[5] The EU agreed to provide Ukraine with political and financial support, access to research and knowledge, and preferential access to EU markets. The agreement commits both parties to promote a gradual convergence toward the EU's Common Security and Defence Policy and European Defence Agency policies.
The agreement comes after more than two decades in which both parties sought to establish closer ties with each other. On the one hand, the European Union wants to ensure that its imports of grain and natural gas from Ukraine, as well as its exports of goods to Ukraine, are not threatened by instability in the region, believing that instability could eventually be reduced through sociopolitical and economic reforms in Ukraine.[6][7] Ukraine, on the other hand, wants to increase its exports by benefiting from free trade with the European Union while attracting desirable external investments, as well as establishing closer ties with a sociopolitical entity to which many Ukrainians feel strong cultural connection. Western Ukraine is found to be generally more enthusiastic about EU membership than Eastern Ukraine.[8][9]
The political provisions of the treaty were signed on 21 March 2014 after a series of events that had stalled its ratification culminated in a revolution in Ukraine and the ousting of the then incumbent President of Ukraine, Viktor Yanukovych.[10] This ousting was sparked by Yanukovych's refusal to sign the agreement. Russia, Ukraine's second largest trading partner, instead presented an association with customs union between Belarus, Kazakhstan, and Russia as an alternative.[11][12] After 21 March 2014 matters relating to trade integration were temporarily set aside (awaiting the results of the 25 May 2014 Ukrainian presidential elections) until the European Union and the new Ukrainian PresidentPetro Poroshenko signed the economic part of the Ukraine''European Union Association Agreement on 27 June 2014,[2] and described this as Ukraine's "first but most decisive step" towards EU membership.[13]
The Agreement had as of September 2015 not entered into force, but Titles III, V, VI and VII, and the related Annexes and Protocols are provisionally applied since 1 November 2014 and with respect to Title IV from 1 January 2016, as far as EU competences are concerned.
BackgroundEditOn 22 July 2008, it was announced that a "Stabilisation and Association"-type agreement would be signed between Ukraine and the European Union.[15] However, in 2011 the European Union High Representative for Foreign Affairs, Catherine Ashton, warned Ukraine that although talks about an European Union Association Agreement with Ukraine would continue, the ratification process of the treaty "will face problems if there is no reversal in the approach of Ukrainian authorities" towards the trial of former Prime Minister of UkraineYulia Tymoshenko.[16] The association agreement has to be ratified by all member states and the European Parliament for the document to take effect.[16]The sentencing of Tymoshenko to seven years in prison on 11 October 2011 was met with national and international protest and threatened Ukraine''European Union relations.[17][18] Tymoshenko herself stated that her imprisonment should not stop the European Union from establishing closer ties with Ukraine.[19] The signing of an association agreement between Ukraine and the European Union, although finalised, was postponed on 19 December 2011. According to a joint statement by Ukraine and the EU adopted on a Ukraine-EU Summit, the ratification of the treaty depended on Ukraine's "respect for common values and the rule of law with an independent judiciary".[20][21][22][23] The European Commissioner for Enlargement and European Neighbourhood Policy, Å tefan F¼le, stated on 27 February 2012 that he "hoped" the association agreement would be initialed within a month and he "saw" it would be signed next autumn. He also noted "the need for action in six key areas" (mainly juridical reform and democratic freedoms).[24][25][26] On 29 February 2012 the European People's Party demanded the immediate release of Yulia Tymoshenko, Yuriy Lutsenko and other political prisoners, and insisted that the association agreement between Ukraine and the European Union should not be signed and ratified until these demands were met.[27][28]
Initial stepsEditThe EU Association Agreement (AA) was initialed on 30 March 2012 in Brussels;[29] The treatment and sentencing (considered by EU leaders as a politically motivated trial[30]) of former Prime Minister of UkraineYulia Tymoshenko had strained the relations between the EU and Ukraine.[30][31] The European Union and several of its member states, notably Germany, had pressured Ukrainian PresidentViktor Yanukovich and his Azarov Government to halt the detention of Tymoshenko in fear of her degrading health.[32] Several meetings with Yanukovich had been deserted by EU leaders, including the German president Joachim Gauck.[33][34]
At the request of opposition politicians in Ukraine, EU government officials boycotted the UEFA Euro 2012 championship in Ukraine.[35][33][36] EU leaders suggested that the AA, and the Deep and Comprehensive Free Trade Area, could not be ratified unless Ukraine addressed concerns over a "stark deterioration of democracy and the rule of law", including the imprisonment of Tymoshenko and Yuriy Lutsenko in 2011 and 2012.[37][38][39]
A 10 December 2012 statement by the EU Foreign Affairs Council "reaffirms its commitment to the signing of the already initialed Association Agreement, including a Deep and Comprehensive Free Trade Area, as soon as the Ukrainian authorities demonstrate determined action and tangible progress in the three areas mentioned above, possibly by the time of the Eastern Partnership Summit in Vilnius in November 2013". These three areas are: "Electoral, judiciary and constitutional reforms (in line with international standards are integral parts of it and commonly agreed priorities)".[40]
Kostiantyn Yelisieiev, Ukraine's Ambassador to the EU, responded in February 2013 by rejecting any preconditions by the EU for signing the AA.[41] However, on 22 February 2013 a resolution was approved by 315 of the 349 registered members of the Verkhovna Rada stating that "within its powers" the parliament would ensure that the 10 December 2012 EU Foreign Affairs Council "recommendations" are implemented.[42] At the 16th EU-Ukraine summit of 25 February 2013,[43] The President of the European Council, Herman Van Rompuy, followed up on the December 2012 EU Foreign Affairs Council statement by reiterating the EU's "call for determined action and tangible progress in these areas '' at the latest by May, this year".[44] The same day President Yanukovych stated Ukraine will "do its best" to satisfy the EU's requirements.[44] At the time President Yanukovych was also in negotiations with Russia to "find the right model" for cooperation with the Customs Union of Belarus, Kazakhstan and Russia.[44] But also on 25 February 2013 President of the European CommissionJos(C) Manuel Barroso made it clear that "one country cannot at the same time be a member of a customs union and be in a deep common free-trade area with the European Union".[44]
To coordinate preparation of Ukraine for European integration, the Government of Ukraine adopted a Plan on Priority Measures for European Integration of Ukraine for 2013. Successful implementation of the plan was assumed to be one of the conditions necessary for signing of the Association Agreement, planned for 29 November 2013 during the Eastern Partnership Summit in Vilnius.[45][46]
In March 2013, Stefan Fuele, the EU's Commissioner for Enlargement, informed the European Parliament that while Ukrainian authorities had given their "unequivocal commitment" to address the issues raised by the EU, several "disturbing" recent incidents, including the annulment of Tymoshenko's lawyer Serhiy Vlasenko's mandate in the Verkhovna Rada (Ukraine's parliament), could delay the signing of the agreements. However, the next day the Ukrainian Ministry of Foreign Affairs expressed its optimism that they would still be signed in November.[47] On 7 April 2013 a decree by President Yanukovych freed Lutsenko from prison and exempted him, and his fellow Minister in the second Tymoshenko GovernmentHeorhiy Filipchuk, from further punishment.[48] On 3 September 2013, at the opening session of the Verkhovna Rada after the summer recess, President Yanukovych urged his parliament to adopt laws so that Ukraine would meet the EU criteria and be able to sign the Association Agreement in November 2013.[49] On 18 September the Ukrainian cabinet unanimously approved the draft association agreement.[50] On 25 September 2013 Chairman of the Verkhovna RadaVolodymyr Rybak stated that he was sure that his parliament would pass all the laws needed to fit the EU criteria for the Association Agreement since, except for the Communist Party of Ukraine, "the Verkhovna Rada has united around these bills".[a][51] On 20 November 2013 the EU's Commissioner for Enlargement, Stefan Fuele, stated he expected that the Verkhovna Rada would the next day[45] consider and adopt the remaining bills necessary for the signing of the association agreement, planned for 29 November 2013.
StallingEdit"We know how much Ukrainian people feel European, how much they care about Europe. We will, of course, now pursue our conversations with our Ukrainian partners, knowing well that we should always respect Ukraine's sovereign decisions."
On 21 November 2013 the Verkhovna Rada failed to pass any of the six motions on allowing the former Prime Minister Yulia Tymoshenko to receive medical treatment abroad, which was an EU demand for signing the association agreement.[54][55] The same week Tymoshenko had stated that she was ready to ask the EU to drop the demand for her freedom if it meant President Viktor Yanukovych would sign the association agreement.[56] The same day a Ukrainian government decree suspended preparations for signing of association agreement; instead it proposed the creation of a three-way trade commission between Ukraine, the European Union and Russia that would resolve trade issues between the sides.[54] Prime Minister Mykola Azarov issued the decree in order to "ensure the national security of Ukraine" and in consideration of the possible ramifications of trade with Russia (and other CIS countries)[57] if the agreement was signed on a 28''29 November summit in Vilnius.[54][58][59] According to Ukrainian Deputy Prime Minister Yuriy Boyko Ukraine will resume preparing the agreement "when the drop in industrial production and our relations with CIS countries are compensated by the European market, otherwise our country's economy will sustain serious damage".[57] Some EU diplomats were more skeptical of the reasons put forward.[60] Later on 21 November 2013, the Russian presidential press secretary, Dmitry Peskov, called the Ukrainian decree "a strictly internal and sovereign decision of the country, and we think we have no right to comment on it" and stated that Russia was prepared to have tripartite negotiations with Ukraine and the EU on trade and economic issues.[61] The European Parliament's monitoring mission in Ukraine stated (also on 21 November 2013) that there was still a possibility to sign the EU-Ukraine Association Agreement.[55] The same day Ukrainian PresidentViktor Yanukovych stated "an alternative for reforms in Ukraine and an alternative for European integration do not exist...We are walking along this path and are not changing direction".[62][b]
In the following days, Euromaidan, the biggest protests since the Orange Revolution, were being held in Kiev by opposition parties.[64][65] On 26 November 2013 the Ukrainian Government admitted that Russia had asked it to delay signing the EU association agreement and that it "wanted better terms for the EU deal".[66] "As soon as we reach a level that is comfortable for us, when it meets our interests, when we agree on normal terms, then we will be talking about signing," President Yanukovych stated in a televised interview.[66] The same day Russian President Vladimir Putin called for an end to the criticism of the Ukrainian decision to delay the association agreement, and that the EU deal was bad for Russia's security interests.[66] Putin was responding to statements by the President of the European Council, Herman Van Rompuy, and the President of the European Commission, Jos(C) Manuel Barroso, that had stated they "strongly disapproved" of Russia's actions.[66] On 26 November 2013 Prime Minister Azarov stated during a government meeting "I affirm with full authority that the negotiating process over the Association Agreement is continuing, and the work on moving our country closer to European standards is not stopping for a single day".[67] President Yanukovych still attended the 28''29 November EU summit in Vilnius but the Association Agreement was not signed.[67][68][69] During this summit the European Union and Ukraine initialed an Air Services Agreement.[70] Also during the summit, President Yanukovych stated that Ukraine still wanted to sign the Association Agreement but that it needed substantial financial aid to compensate it for the threatened response from Russia, and he proposed starting three-way talks between Russia, Ukraine, and the EU. He also urged Brussels to help Ukraine soften the terms of a possible loan from the IMF.[71] The EU rejected trilateral talks and asked Yanukovich to commit to sign the Association Agreement, which he refused to do.[71] At the end of a summit President of the European CommissionJos(C) Manuel Barroso stated that the EU will not tolerate "a veto of a third country" in their negotiations on closer integration with Ukraine.[72] He also stated "We are embarked on a long journey, helping Ukraine to become, as others, what we call now, 'new member states'. But we have to set aside short-term political calculations."[73]
The President of the European Council, Herman Van Rompuy, added that "we may not give in to external pressure, least of all from Russia".[72] Barroso reiterated that the EU's offer to Ukraine in terms of signing an Association Agreement remained on the table.[74][c] Simultaneously, President Yanukovych stated that he still intends to sign the Association Agreement at a later date "once we get down to work and find solutions for economic problems, when we get the opportunity to sign a strategic partnership agreement with Russia and everything else that we need to do, so that normal relations can be established between the European Union, Russia, and Ukraine'... this is our responsibility".[77]
SigningEditYanukovych was removed from power through a revolution and replaced by a new interim government in February 2014. At an EU summit in Brussels on 21 March 2014, the new Ukrainian Prime Minister, Arseniy Yatseniuk, and European Union leaders Herman Van Rompuy and Jos(C) Manuel Barroso, along with the 28 national political leaders or heads of state on the European Council, signed in Brussels the political provisions of the AA,[10][78] with the DCFTA to be signed after the presidential election in May 2014.[79][80] The European Union and the (then) new Ukrainian PresidentPetro Poroshenko signed the economic part of the Ukraine''European Union Association Agreement on 27 June 2014,[2][81] and described this as Ukraine's "first but most decisive step" towards EU membership.[13] President of the European Council, Herman Van Rompuy, said at the signing ceremony: "In Kyiv and elsewhere, people gave their lives for this closer link to the European Union. We will not forget this."[82]
RatificationEditRatification notesEditMaltaThe ratification was performed in accordance with article 4(2)(b) of the Maltese European Union Act,[134] which reads that:
"Provided that with regard to treaties and international conventions which Malta may accede to as Member State of the European Union, and treaties and international conventions which Malta is bound to ratify in its own name or on behalf of the European Community by virtue of its membership within the European Union, these shall come into force one month following their being submitted in order to be discussed by the Standing Committee on Foreign and European Affairs."[135]
As the treaty was submitted to the Standing Committee on Foreign and European Affairs on 21 July 2014,[136] the treaty came into force as part of the Maltese legislation on 21 August 2014.
NetherlandsA referendum on the approval act will be held in the Netherlands. Following the entry into effect of the Wet Raadgevend Referendum on 1 July 2015, an advisory referendum is to be held for any act (after its approval) that is not explicitly exempted if sufficient requests are filed.[166] On 13 August the Kiesraad announced that 13490 valid requests had been registered for a preliminary request for a referendum, which is more than the 10 000 threshold. This threshold triggered the final phase of the referendum request, requiring 300 000 requests between 18 August and 28 September. If this requirement is met, an advisory referendum will be held on the law. The Kiesraad announced on 14 October that 472,849 request had been received, 427,939 of which were held valid, [167] which is over the threshold of 300,000.[168]
United Kingdom of Great Britain and Northern IrelandThe ratification was based on The European Union (Definition of Treaties) (Association Agreement) (Ukraine) Order 2015, made in accordance with section 1(3) of the European Communities Act 1972, after having been approved by a resolution of each House of Parliament.
ProvisionsEditThe agreement requires regular summits between the President of the European Council and the President of Ukraine. Members of the Council of the European Union and the Cabinet of Ministers of Ukraine must also meet regularly, as well as members of the European Parliament and the Ukrainian Parliament, and other officials and experts from both parties.
The agreement also commits both parties to cooperate and converge policy, legislation, and regulation across a broad range of areas.[how?] These include: equal rights for workers, steps towards visa-free movement of people, the exchange of information and staff in the area of justice, the modernisation of Ukraine's energy infrastructure, access to the European Investment Bank, and a variety of others.
The agreement also commits Ukraine to an agenda of economic, judicial and financial reforms and to gradual approximation of its policies and legislation to those of the European Union. Ukraine has also committed to take steps to gradually conform to technical and consumer standards upheld by the European Union. In exchange, the European Union will provide Ukraine with political and financial support, access to research and knowledge, and preferential access to EU markets. The agreement also commits both parties to promote a gradual convergence in the area of foreign and security policy, specifically the EU's Common Security and Defence Policy and policies set forth by the European Defence Agency.
EconomicEditPoliticalEditTradeEditThe parties will progressively establish a free trade area over a transitional period of a maximum of 10 years starting from the entry into force of the agreement.[169]
Each party will reduce or eliminate customs duties on originating goods of the other party. Ukraine will eliminate customs duties on imports for certain worn clothing and other worn articles. Both parties will not institute or maintain any customs duties, taxes or other measures having an equivalent effect imposed on, or in connection with, the exportation of goods to the territory of each other. Existing customs duties or measures having equivalent effect applied by Ukraine will be phased out over a transitional period. Each party is restricted from maintaining, introducing or reintroducing export subsidies or other measures with equivalent effect on agricultural goods destined for the territory of the other party.[169]
The parties will establish an expert-level Dialogue on Trade Remedies as a forum for cooperation in trade remedies matters. The Dialogue will seek to enhance a party's knowledge and understanding of the other party's trade remedy laws, policies and practices; improve cooperation between the parties' authorities having responsibility for trade remedies matters; discuss international developments in the area of trade defence; and to cooperate on any other trade remedies matter.[169]
The parties will strengthen their cooperation in the field of technical regulations, standards, metrology, market surveillance, accreditation and conformity assessment procedures with a view to increase mutual understanding of their respective systems and facilitate access to their respective markets. In their cooperation, the parties will seek to identify, develop and promote trade-facilitating initiatives which may include: the reinforcement of regulatory cooperation through the exchange of information, experience and data; scientific and technical cooperation, with a view to improve the quality of their technical regulations, standards, testing, market surveillance, certification, and accreditation, and making efficient use of regulatory resources; promote and encourage cooperation between their respective organisations, public or private, responsible for metrology, standardisation, testing, market surveillance, certification and accreditation; foster the development of the quality infrastructure for standardisation, metrology, accreditation, conformity assessment and the market surveillance system in Ukraine; promote Ukrainian participation in the work of related European organisations; and seek solutions to trade barriers that may arise; coordinate their positions in international trade and regulatory organisations such as the WTO and the United Nations Economic Commission for Europe (UN-ECE).[169]
Ukraine will take the necessary measures in order to gradually achieve conformity with EU technical regulations and EU standardisation, metrology, accreditation, conformity assessment procedures and the market surveillance system, and undertakes to follow the principles and practices laid down in relevant EU Decisions and Regulations. For this purpose Ukraine will:[169]
incorporate the relevant EU acquis into its legislation;make the administrative and institutional reforms that are necessary to implement the association agreement and the Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA); andprovide the effective and transparent administrative system required for the implementation of these matters.Ukraine will also ensure that its relevant national bodies participate fully in the European and international organisations for standardisation, legal and fundamental metrology, and conformity assessment including accreditation in accordance with its area of activity and the membership status available to it.[169]
Ukraine will also progressively transpose the corpus of European standards (EN) as national standards, including the harmonised European standards. Simultaneously with such transposition, Ukraine will withdraw conflicting national standards, including its application of interstate standards (GOST/Ð'ÐÐÐ), developed before 1992. In addition, Ukraine will progressively fulfill the other conditions for membership, in line with the requirements applicable to full members of the European Standardisation Organisations.[169]
Ukraine will approximate its sanitary and phytosanitary and animal welfare legislation to that of the EU.[169]
Free trade areaEditThe Deep and Comprehensive Free Trade Area (DCFTA) is part of the association agreement. While work on signing a deep and comprehensive free trade agreement between Ukraine and the EU first began in 1999,[170] formal negotiations between the Ukrainian government and the EU Trade Commissioner were not launched until 18 February 2008.[171] As of May 2011 there remained three outstanding issues to be resolved in the free trade deal: quotas on Ukrainian grain exports, access to the EU's services market and geographical names of Ukrainian commodities. Aside from these issues, the deal was ready.[172] Despite those outstanding issues, Ukraine was ready to sign the agreement as it stood. Although it wanted stronger wording on enlargement prospects and access to the EU market for its truckers, Ukraine had more than many other candidates at the equivalent stage of the process. The finalised agreement was initialed on 19 July 2012.[173] Ratification of the DCFTA, like the AA, has been stalled by the EU over concerns over the rule of law in Ukraine.[37][38][39] This includes the application of selective justice, as well as amending electoral laws. As a result, the role of Ukrainian oligarchs in sanctioning the agreement was also questioned.[174]
If Ukraine would choose the agreement, the Eurasian Economic Commission's Customs Union of Belarus, Kazakhstan and Russia would withdraw from free trade agreements with the country, according to Russian presidential advisor Sergei Glazyev.[175] However, on 21 November 2013 a Ukrainian government decree suspended preparations for signing the agreement that was scheduled to be signed during a 28''29 November 2013 EU summit in Vilnius, and it was not signed.[f][g][45][53][54][55][62][68][74][181][182] The decision to put off signing the association agreement led to 2014 Ukrainian revolution.[67][183]
Before the final signing of the agreement on 27 June 2014 Russian officials stated Russia could very likely raise tariffs on Ukrainian imports, Russia is Ukraine's single largest export market, accounting for nearly a quarter of Ukraine's international trade.[184] However, after the Russian aggression against Ukraine the EU has become Ukraine's largest trading partner. It is also its main source of Foreign Direct Investment (FDI).[185]
According to BBC News Ukrainian free access to the EU internal market (the world's biggest free trade area) "is supposed to bring a boost in the long term" to the economy of Ukraine.[184] And the fact that Ukraine has agreed in the treaty to implement EU rules and stipulations should improve Ukraine's business climate as a whole "The country will be required to introduce wide-ranging reforms - increasing transparency, reducing corruption and raising the quality of its output".[184] But it warned that "in the short term, this will cause a great deal of pain and disruption".[184]
Ukrainian EU membershipEditReactionsEditEuropean UnionEditRussiaEdit On 29 July 2013 Russia banned the import of chocolate products made by the Ukrainian company Roshen and asked Belarus and Kazakhstan to follow suit. A Russian sanitary official stated that the company had not met quality and safety standards, but critics alleged that the ban was meant as a warning against Ukraine associating more closely with the EU. The owner of Roshen, Petro Poroshenko, is the current president of Ukraine, and at the time was seen as pro-European.[189] On 14 August 2013, Federal Customs Service of Russia officials began conducting more stringent inspections of cargo arriving from Ukraine than would normally be carried out.[190] This lasted until 20 August 2013[191] and was followed by statements from the Russian President's top economic advisor Sergey Glazyev arguing that the impact of Russia's response to Ukraine signing the agreement, including tariffs and trade checks, could lead to default, a decline in the standard of living and "political and social unrest" in Ukraine, and would violate the Russian-Ukrainian strategic partnership and friendship treaty. The latter, he warned, would mean that Ukraine's statehood could not be guaranteed by Russia, which might intervene in the country at the request of pro-Russian regions.[192][193][194][195]
Russian President Vladimir Putin warned that members of the Customs Union of Belarus, Kazakhstan and Russia may impose what he called protective measures in the event of trade liberalization between Ukraine and the EU.[196][h] The EU condemned Russia's threats, calling them unacceptable.[196]Ukrainian Prime MinisterMykola Azarov urged Russia "to accept the reality of Ukraine signing the EU agreement" and condemned any artificial barriers as pointless.[198]
Ukrainian PresidentViktor Yanukovich reaffirmed his commitment to the agreement during his annual Independence Day of Ukraine speech on 24 August, and called it an incentive for Ukraine to become a modern European state. In the same speech, he also called for the preservation and deepening of ties with "...Russia, countries of the Eurasian community, other world leaders and new centers of economic development."[199]Ukrainian pro-European opposition politicians commented that Russian actions were consistent with a leaked document outlining a Russian Government strategy to enlarge the Customs Union of Belarus, Kazakhstan and Russia to Ukraine and to prevent its further association with Euro-Atlantic structures. Among other things, the 14-page document lists efforts to promote pro-Russian rhetoric in the media dominated by anti-Russian opinions, sanctioning pro-European Ukrainian business owners, TV magnates and politicians, efforts to elect pro-RussianViktor Medvedchuk as president in 2015 and a subsequent purge of pro-European civil servants. The paper also mentions cooperation with Belarus and Kazakhstan in this regard.[200][201] Experts commenting on the "leaked document" argued that Medvedchuk had no chance of winning the 2015 Presidential election and could not seriously disrupt the signing of the Association Agreement.[202][203]
On 19 September 2013 President Putin stated that Russia would impose "protectionist measures" against Ukraine once the EU Association Agreement was implemented.[11] The next day Aleksei Pushkov, chairman of the State Duma (Russia's main parliament) committee on international affairs commented that Ukraine was entering into an EU "semi-colonial dependence".[204] On 8 October 2013 President Putin stated the free trade agreement "may create certain problems for trade and cooperation. Certain damage may be done to the economic sphere but we will not have any problems in the political field, I am certain".[205]
After the economic part of the Ukraine''European Union Association Agreement was signed on 27 June 2014 (by the new President Petro Poroshenko) Russian President Vladimir Putin stated that making Ukraine choose between Russia and the EU would split the country in two.[2]
Other countriesEditImplementation scheduleEditIn trilateral talks in early September 2014, the European Commission, the Government of Ukraine and Russia agreed on deferring the provisional implementation of the agreement until the end of 2015. "We have agreed to postpone the application until December 31 next year," said EU - Trade CommissionerKarel De Gucht on September 12, 2014 in Brussels at the end of talks with Alexey Ulyukaev, the Russian Minister of Economic Affairs, and Pavlo Klimkin, Foreign Minister of Ukraine. According to Interfax, the President of Ukraine Petro Poroshenko had advocated this decision. Pavlo Klimkin stated Ukraine would also benefit from the postponement: "This is a very important decision and we are very grateful to the EU for offering a privileged access to the European market. This allows our companies to prepare for the further liberalization of trade.''[207] The approval of the EU countries is still pending. The unilateral trade facilitation - the abolition of import duties in the EU - will remain in force - on the condition of the approval of the EU Council of Ministers. Tariffs on EU products exported into Ukraine persist.
In the background there are Russia's concerns about negative effects on the Russian economy, should EU-products get into the Russian market through Ukraine. Therefore, the Russian government had announced new tariffs on Ukrainian products if, as planned, the Association Agreement entered into force as planned on 1 November 2014. The damage to the Russian economy by eliminating import tariffs in Ukraine is estimated to amount to 2 billion dollars by the Russian side.[208] On 1 September 2014, Russia had put forward a list of 2370 change requests concerning the consequences for the Russian-Ukrainian trade. The list had been requested by Karel de Gucht on July 11, 2014. According to the German newspaper S¼ddeutsche Zeitung there was growing belief in Brussels that "the economic ties between Moscow and Kiev can not be ignored." Before entering into force "thousands of exceptions are to be agreed on", informs the S¼ddeutsche Zeitung, referring to sources in Brussels.[209]
^The Communist Party of Ukraine wants Ukraine to join the Customs Union of Belarus, Kazakhstan and Russia.[51][52]^The President of Lithuania, Dalia GrybauskaitÄ, stated on 22 November 2013 that Yanukovych had told her in a telephone conversation that he could not sign the association agreement because Russia had threatened Ukraine with restrictions on its commodities imports to Russia and he believed that this would make Ukraine suffer billions in losses.[63]^German ChancellorAngela Merkel stated during the summit of Ukraine signing their Association Agreement, "I don't have any hope that it will happen this time but the door is open",[71][75] and that "the Ukrainian president has decided that he does not want this. The door to Europe remains open. We must continue to work. A difficult path is to be walked".[76]^Concerning issues within the competence of the French Community, delegated to the Walloon Region^Approval of the Brussels United Assembly is subject to an absolute majority of both language groups of the parliament (French and Dutch) voting in favour. Failing that, a second vote can be held where only one third of each language group, and a majority of the full house, is required for adoption.[92]^Ukrainian Prime Minister Mykola Azarov stated that the problem that finally blocked the EU deal were conditions proposed for an International Monetary Fund loan being negotiated at the same time, which would require big budget cuts and a 40% increase in gas bills.[176][177] On 7 December 2013 the IMF clarified that it was not insisting on a single-stage increase in natural gas tariffs in Ukraine by 40%, but recommended that they be gradually raised to an economically justified level while compensating the poorest segments of the population for the losses from such an increase by strengthening targeted social assistance.[178] The same day IMF Resident Representative in Ukraine Jerome Vacher stated that this particular IMF loan is worth 4 billion US Dollars and that it would be linked with "policy, which would remove disproportions and stimulated growth".[179]^Ukraine and the EU started "conducting technical preparations for the upcoming dialogue between Ukraine and the EU on certain aspects of the implementation of an Association Agreement" on 5 December 2013.[180]^The President of Belarus, Alexander Lukashenko, stated on 7 October 2013 that he "didn't see any problems" in the signing of the Association Agreement between Ukraine and the EU.[197]ReferencesEdit^ abcdefg"Agreement details". Council of the European Union. Retrieved 2014-03-27. "Agreement details". Council of the European Union. Retrieved 2014-07-04. ^ abcdEU signs pacts with Ukraine, Georgia and Moldova, BBC News (27 June 2014)^"Joint Statement by the Presidents of Ukraine, the European Council and the European Commission on the occasion of the beginning of the provisional application of the Association Agreement". europa.eu. European Commission. Retrieved 31 October 2014. ^"EUR-Lex - 32014D0691 - EN - EUR-Lex". Retrieved 23 October 2014. ^ abcGuide to the EU deals with Georgia, Moldova and Ukraine, BBC News (30 June 2014)^Coy, Peter; Matlack, Carol; Meyer, Henry (27 February 2014). "The New Great Game: Why Ukraine Matters to So Many Other Nations". Bloomberg BusinessWeek. Retrieved 23 March 2014. ^Moskowitz, Peter (6 March 2014). "What does the West want from Ukraine?". Al Jazeera. 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A woman sells Christmas decorations on St. Sophia Square in Kyiv on Dec. 30. (Anastasia Vlasova)
Ukraine has rung in the new year with a move that has at once deepened ties with the European Union and cut strings to Russia, as Ukraine's free trade agreement with the EU took effect on Jan. 1.
The trade deal, which is expected to give ordinary Ukrainians more buying power, was signed in June 2014 as part of the EU association agreement with Ukraine, but it was delayed for a year as Russia pushed for negotiations.The agreement should stimulate Ukraine's economic growth, creating a more sustainable and diversified market and attracting foreign investment.
''The application of the (free trade agreement) constitutes a milestone in the bilateral relationship, as it will offer new economic benefits to both sides,'' the European Commission wrote in a press release on Dec. 31, 2015. ''Ukrainian businesses receive stable and predictable preferential access to the largest market in the world with 500 million customers, while EU businesses will be able to benefit from easier access to the Ukrainian market and build new relationships with Ukrainian suppliers and cooperation partners.''
Commissioner Cecilia Malmstr¶m said ''the change will not occur over night'' and that continuous work and investment are required. The process will be gradual yet will eventually lead to stronger integration with the EU.
Ukraine's President Petro Poroshenko described the free trade agreement as one of the greatest achievements of 2015 during his New Year address to the Ukrainian people.
''In a couple of years we will compensate those colossal losses that Russia caused Ukraine,'' Poroshenko said.
The free trade agreement eliminates tariffs on 97 percent of Ukrainian goods, Ukraine's Economy Ministry said. Zero rates will be introduced for agricultural and industrial products, processed and food products.
Duties for some products '' such as textiles, chemicals, confectionary goods, seeds, some grains, fruit and spices '' will be canceled from both sides of the EU-Ukraine agreement.
Deputy Economy Minister Nataliya Mikolska says there won't be any abrupt major inflow of European products into Ukraine as a result of the free trade agreement but it will contribute to cheaper prices of European products for Ukrainians.
''Because of such tariff liberalization there will be cheap European products in our market'... In addition, this will stimulate domestic producers to improve their products '' increase the quality and give more attention to marketing,'' Mikolska said during an interview on the 112 Ukraine channel.
The process of tariff liberalization will be gradual. For some products it might take up to a decade. For example, for Ukrainian fish products and shoes it will take three years to lower the tariffs, whereas for fertilizers it will take seven years. The reduction of Ukraine's tariffs on cars exported from the EU may take up to 10 years.
Throughout 2015, Russia, Ukraine and the EU held trilateral negotiations to settle disputed issues on the matter, but these talks were mostly unsuccessful. In October, German Chancellor Angela Merkel confirmed that the free trade agreement would take place and said it was not intended to isolate Russia.
Nonetheless, Russia retaliated by canceling its free trade regime with Ukraine on Jan. 1, and Ukraine, in turn, prepared sanctions against Russia.
Russia is still Ukraine's largest trade partner, making up around one-sixth of Ukraine's trade, or $10.4 billion, during the January-October 2015 period. However, as a 28-member bloc, the EU made up 33 percent during the same period, according to Ukraine's State Statistics service.
Sensational media accounts leave out or bury key details.
Another major holiday, another sensational ISIS terror plot the FBI takes credit for preventing. This time, the case splashed across the news is that of Emanuel Lutchman, a 25-year-old panhandler in Rochester, New York who allegedly plotted to attack a restaurant on New Years Eve. All major network broadcasts led with the story and it was breathlessly featured everywhere from the New York Times to CNN. There's only one problem: the story is wildly inaccurate and in many ways factually false.
Like many 11th-hour FBI terror busts, the only thing the media has to go on is a DOJ criminal complaint that's released to the press. Statements from the accused or their lawyers very rarely reach the public. And the criminal complaint and the FBI press release are framed to deliberately deceive the media.
Let's run down some of the key claims made by the media and why they're either factually incorrect or misleading.
Claim: The plot was directed by ISIS.
While the FBI's public statements to the media imply Lutchman was having discussions with real ISIS recruiters, the actual court documents are careful never to make this specific claim, only saying ''Mr. Lutchman claims to have received direction from an overseas ISIL member.'' For the purposes of proving ''attempt to material support of ISIS,'' prosecutors do not need to actually show a material connection to ISIS, only an attempt to make one. It remains unclear if Lutchman's contact (''Overseas individual,'' as the affidavit calls him) was, in fact, a member of ISIS, but this hasn't stopped the media from asserting it as fact.
Claim: Lutchman bought weapons for the attack at Walmart.
Several media outlets, from Heavy.com to CBS to local reporters claimed Lutchman bought his weapons, but this is inaccurate. He actually went along as a paid informant, at the direction of the FBI, purchased the weapons. Nominally this was because Lutchman could not afford the $40 worth of supplies. This means one of two things: either 1) Lutchman was looking for an out and used his inability to pay for the items as an excuse, only to be further pressured by the FBI; or 2) Lutchman did not have the wherewithal to muster $40 to go on his own suicide attack.
This was a man who, according to his grandmother, ''can't buy Pampers for his son," who was being sponsored not by ISIS (evidently, his contact in Syria couldn't send him $40 or fill out an Amazon purchase) but by the FBI. The fact that the FBI knowingly bought the weapons for the attack is a clear sign the FBI wasn't interested in thwarting a plot, but building a case. The New York Times cleverly gets around the awkward fact by reporting Lutchman ''gathered'' the materials since they can't say he bought them. Because he didn't, the FBI did.
Claim: Lutchman recruited his friends for the ''plot."
International Business Times and the Washington Post paint a picture of Lutchman as the mastermind recruiting his friends, but this is not supported by court documents. Informant #2, who has received $7,400 from the FBI since November 2013, continues to plan and assist the plot after Lutchman gets cold feet. In one of the more cynical elements of the case, Lutchman considered calling off the attack only to be talked out of it by the FBI informant. According to the affidavit, Lutchman sent a text to Informant #2 after a third informant (yes, 75% of this plot was the FBI) saying, ''In a way I was thinking about stopping the operation." As the New York Times reports:
Mr. Lutchman grew concerned, and said in text messages that he ''was thinking about stopping the operation.''
But another informer urged him not to be discouraged, and that same day the informer and Mr. Lutchman went to a Walmart store in Rochester to buy supplies.
Not only did FBI informants physically drive Lutchman to Walmart and buy the weapons for him, they actively encouraged him to continue with the plot when he had doubts.
Claim: Lutchman had a long history of mental illness and suicide attempts'--shouldn't this matter?
As both the DOJ complaint and subsequent interviews with his grandmother indicate, Lutchman had a long history of mental illness, including several suicide attempts and arrests for mental hygiene which is a standard high enough to justify involuntary institutionalization by the state. Instead of providing Lutchman with the mental health services he clearly needed or working to get him a job, the federal government instead spent north of $20,000 on informants to contrive an elaborate sting operation and provide the means for Lutchman to ''attempt'' to carry out an attack.
Just because someone is mentally ill doesn't mean they can't be violent of course, but when this mental illness clearly undermines a person's ability to achieve basic tasks like driving to a store to buy supplies or have the means to actually purchase supplies, it's an important piece of context, and one the media largely glossed over or omitted altogether.
It's a strange scenario in which the FBI and prosecutors are only concerned with proving intent, which is all one needs in ''attempting to provide material support'' cases. The actual connections to ISIS or the likelihood of a real plot is irrelevant from the DOJ's perspective. Where the media fails too often is confusing this rather generous standard for their own. Since these cases necessarily inflate the perceived dangers of terrorism and have the ancillary impact of propping up a war effort, the burden should be stricter for editors deciding to run with the ''terror plot'' narrative. Questions like, ''Could Lutchman have gotten this far on his own?'' or ''Why were three informants needed to build a Potemkin plot?'' are rarely asked.
There were some exceptions. A rundown in Al Jazeera framed the story skeptically and excellent followup reporting in a local Rochester paper, Democrat and Chronicle, looked beyond the FBI claims and interviewed Lutchman's next of kin. This reporting revealed the severity of Lutchman's mental problems and the likelihood the FBI had attempted to recruit Lutchman to be an informant years ago.
For the most part, however, it was simply copy-and-paste journalism that did nothing to challenge the overarching ISIS plot framing. As the war on terror enters its 15th year, at some point these formulaic FBI terror sting operations should be reported on with far more nuance and skepticism. Key claims by the DOJ should not be rounded up to scariest possibly framing, mitigating factors like mental illness and FBI pressure should be highlighted rather than buried in paragraph 23, and material evidence of actual terrorist involvement should be confirmed rather than smuggled in vague framing about the claims of a mentally unstable man.
Adam Johnson is an associate editor at AlterNet. Follow him on Twitter at@adamjohnsonnyc.
NOTE: The following materials are for information purposes only and may not be copied, reproduced, or transmitted without the explicit permission of SITE Intelligence Group and specific attribution to SITE Intelligence Group.
DetailsMultimediaCreated: 01 January 2016
The Shabaab al-Mujahideen Movement, al-Qaeda's branch in Somalia, released the second episode in its series on slain American fighters from Minnesota, and in this installment, encouraged black youths in the U.S. to convert to Islam and leave for the Somali battlefield.
Yes, the ball in Times Square has an official, verified, Twitter account. Generally it's used to generate hype for the New Year's Eve ball drop, tweet innocuous things like who is performing in Times Square and how much longer until midnight. But on New Year's Eve the account caused a politically correct pushback when it twice tweeted with the hashtag #BallLivesMatter.
Earlier in the day the account tweeted:
Screen capture
While that was about food, the next tweet with the hashtag had no content other than the hashtag.
Screen capture
The tweet was quickly deleted, but not before the outrage from progressive and Black Lives Matter activists was in full swing.
Not everyone was quick to anger, or even understood what the issue was.
Nigel Farage's car wheels 'were sabotaged in an assassination attempt': Ukip leader lost control of Volvo when wheel fell off on motorway...police confirm foul play | Daily Mail Online
Nigel Farage fears he has been the victim of an assassination attempt after his car was sabotaged, causing a terrifying motorway crash.
The Ukip leader careered off a French road after a wheel on his Volvo came loose while he was driving from Brussels back to his home in Kent.
When the police arrived at the scene, they told him that the nuts on all of the wheels had been deliberately unscrewed, The Mail on Sunday has established.
'Target': Nigel Farage claims he was the victim of an assassination attempt, after he careered off a French road when a wheel on his Volvo came loose while he was driving back to his home in Kent (pictured)
Mr Farage, who has received death threats during his tumultuous time as leader, last night spoke about the 'frightening' incident, which took place near Dunkirk.
'It was the middle of bloody nowhere, and I was caught in a very bad position,' he said. 'There was a huge section of roadworks with cars going back and forth on the same side of the carriageway. I suddenly realised I was losing steering but there was no hard shoulder to pull on to. I slowed down, put the hazards on and then one of the wheels came off. I jumped over the wall as quickly as I bloody well could to get away from lorries and everything.'
When the emergency services arrived, they told a shaken Mr Farage that he had been the victim of a malicious act. 'The French police looked at it and said that sometimes nuts on one wheel can come a bit loose '' but not on all four,' Mr Farage said.
When he was asked who he thought might have been responsible, Mr Farage replied: 'I haven't got a clue. Quite frankly, the way my life's been over the past two-and-a-half years, nothing surprises me.'
Quite frankly, the way my life's been over the past two-and-a-half years, nothing surprises me.
Ukip leader Nigel Farage
The crash, which took place in daylight at the end of October, has been kept under wraps by Mr Farage until now. He agreed to talk about it this weekend after being contacted by this newspaper.
Mr Farage's Volvo V70 comes with a single locking nut on each wheel, which should be immune from interference. But if the other four nuts are loosened, then the remaining one is likely to sheer off as soon as the car is travelling at speed.
The Ukip leader has been embroiled in a series of poisonous feuds within his party over recent years, both in London and in the European Parliament, where he sits as an MEP.
The Parliament splits its operations between the Belgian capital Brussels and the French city of Strasbourg. Mr Farage frequently drives himself to his offices in the parliament buildings from Kent because he says it is the easiest way to juggle his 'mad' schedule. For security reasons, Mr Farage would not say where he parks his vehicle in Brussels.
Getaway: Mr Farage was forced to leap over the barrier of the motorway near Dunkirk to escape from speeding lorries, as pictured in this reconstruction
Malicious: The Ukip leader has received previous death threats during his time at the head of the party
Mr Farage said he had not asked police to pursue the investigation because he didn't want to 'make anything of it'. When asked if he had received death threats, Mr Farage said: 'Of course. It's not a particularly easy game, this.'
He added: 'The French police and mechanics looked at it but I have made no formal report in this country. The mechanics were absolutely certain of [foul play] but I have decided to take no further action.'
Mr Farage has endured a torrid time recently, with senior Ukip figures expressing concern that the party is losing momentum in the wake of its disappointing Election result, when it won only Douglas Carswell's Clacton seat. Last month, Mr Carswell said the party needed a 'fresh face' as leader '' only to be told to 'put up or shut up' by Mr Farage.
Last night, Eric Fouard, the prosecutor for Dunkirk, said he was not aware of any investigation into the accident involving Mr Farage.
No wonder he's considering a TV career move...
The Ukip leader is considering a new career as a television presenter if he leaves politics after the EU referendum.
Mr Farage has been involved in discussions with production companies about fronting a three-part series on military strategy, including a history of the First World War. News of Mr Farage's talks has been spread with glee by his growing number of critics in the party, who argue that Ukip needs a fresh leader to reinvigorate it.
Last night, a spokesman for Mr Farage said that the idea of him fronting programmes had been 'bubbling away' since early last year '' when the TV companies were first contacted '' but no deals had yet been struck.
Last night, ex-Ukip MEP Godfrey Bloom, who once shared a flat with Mr Farage in Brussels, said he could see why the party leader would be interested in presenting a military history series.
Mr Bloom said: 'We have done military tours together. Nigel is a very good raconteur, ''Corporal Snoops manning the machine-gun at the bridge'... here's the spot he won his VC'', that sort of thing.'
A spokesman for Mr Farage said: 'The TV thing is an idea that has been bubbling away for a while. He'd be bloody good at it '' and it was discussed last year. But no deal has been done.'
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The Turkish president, Recep Tayyip ErdoÄan. Photograph: Umit Bektas/Reuters
Turkey's president has been pushing for some time for a new presidential system to govern the country, sparring with critics who accuse him of attempting a power grab.
Recep Tayyip ErdoÄan's latest comments in favour of greater executive powers are unlikely to help him bring those critics round. On Friday he was quoted by Turkish media as citing a striking example of an effective presidential system '' Germany under Adolf Hitler.
Asked on his return from a visit to Saudi Arabia whether an executive presidential system was possible while maintaining the unitary structure of the state, he said: ''There are already examples in the world. You can see it when you look at Hitler's Germany.
Related:ErdoÄan plan for super-presidency puts Turkey's democracy at stake
''There are later examples in various other countries,'' he told reporters, according to a recording broadcast by the Dogan news agency and reported by Reuters.
A Turkish official sought to clarify ErdoÄan's remark. ''There are good and poor examples of presidential systems and the important thing is to put checks and balances in place,'' he said. ''Nazi Germany, lacking proper institutional arrangements, was obviously one of the most disgraceful examples in history.''
The presidency said in a statement that: ''Erdogan's 'Hitler's Germany' metaphor has been distorted by some news sources and has been used in the opposite sense.''
ErdoÄan wants to change the constitution to turn the ceremonial role of president into that of a chief executive, a Turkish version of the system in the US, France and Russia.
The ruling Justice and Development party (AKP), which he founded, has put a new constitution at the heart of its agenda after winning back a majority in parliamentary elections in November.
It reached agreement with the main opposition Republican People's party (CHP) on Wednesday to revive efforts to forge a new constitution.
Opposition parties agree on the need to change the constitution, drawn up after a 1980 coup and still bearing the stamp of its military authors, but they do not back the presidential system ErdoÄan, fearing it would consolidate too much power in the hands of an authoritarian leader.
The statement from the presidency said his comments were meant to demonstrate that an executive presidency can exist in a unitary state and does not depend on a federal system of government, and that neither a presidential nor parliamentary system is a guarantee against abuse of power.
''If the system is abused it may lead to bad management resulting in disasters as in Hitler's Germany ... The important thing is to pursue fair management that serves the nation,'' the statement said, adding it was unacceptable to suggest Erdogan was casting Hitler's Germany in a positive light.
I was shocked to hear pundits describing programs written in COBOL as useless and antiquated.
I'm 25 and finishing up a degree in Computer Science at an American university. Modern students, at least at my school are in no way discouraged to learn old languages like Cobol. In fact, our Data Structures class is primarily taught in Ada 95 specifically to encourage developing skill on working on existing software, which is the vast majority of the business and government industry. COBOL is also allowed and accepted.
People at my school who major Management Information Systems, a business computing degree, still actively study COBOL along with SAP and more "modern" tools. Just a month ago when I was walking around the statistics building, I read an excellent poster based study of a student's master project that involved parallel processing of COBOL programs.
If you are still trying to decide on a New Year's resolution, there are some people in Michigan who might be able to help: Promise never to use the word ''problematic'' again.
That is one of more than a dozen words and phrases on the 41st annual list of banished words that Lake Superior State University issues, drawn from a survey of words people hate, invent or annoyingly overuse.
Previous lists have included hated phrases such as ''my bad'' (1998), ''forced relaxation'' (1989), ''free gift'' (1988), ''live audience'' (1983, 1987, 1990). Last year's list deemed ''bae,'' ''polar vortex'' and ''hack'' worthy of exile.
Interactive Feature | Tell Us Your Banished Words Readers are sharing their most hated words on Twitter. Add yours with the hashtag #TellNYT.
The banishments are intended as suggestions, or ''food for thought,'' to use a phrase that sounds as if it might deserve its own banishing.
This year, the most nominations went to a wee wisp of a word, the humble, two-letter ''so.'' It was already banished back in 1999, when people were suggesting that it be relegated to the dustbin because of phrases like ''I am SO down with this list!''
The list is compiled from nominations worldwide of citizens and scholars alike, and the university helpfully includes quotes from those who care enough about the Queen's English to write in. Here's why Bob Forrest of Tempe, Ariz., finds ''so'' so annoying:
''Currently, it is being overused as the first word in the answer to ANY question. For instance, 'How did you learn to play the piano?' Answer: 'So my dad was in a classical music club.''
The word ''problematic'' also got no respect. ''A corporate-academic weasel word,'' was how Urban Dictionary described it, the university noted.
Sometimes, new words simply appear out of nowhere. The need for them suddenly arises from something that is happening in our society, and boom! (banish that), there they are.
Take ''manspreading,'' which found a place on the 2016 list. It defines the habit some men have of taking up more space in public transportation than they need, opening their legs and encroaching on adjacent seats.
''Men don't need another disgusting-sounding word thrown into the vocabulary to describe something they do '... You're just taking too much room on this train seat, be a little more polite.'' Carrie Hansen, of Caledonia, Mich., wrote.
''Vape,'' which is derived from the noun ''vapor'' but is masquerading as a verb, also made the list. ''Vape'' and ''vaping'' are used to describe the act of smoking e-cigarettes (another strange word, the university said).
David Ervin of Sault Ste. Marie, Ontario, said he hopes the word ''goes up in smoke.''
Some of the 2016 entries are compounds or phrases, ugly marriages of unrelated words that correspond to the times. Like this one: ''Break the Internet.''
Or, as one word-watcher put it in an example: ''I hope the list doesn't 'break the internet.' (How else would I read it next year)?''
Lake Superior State University :: Banished Words List :: 2016
So, if the wordsmiths at Lake Superior State University get their way, this is the last time a story lead like this will ever make it into print or broadcast.
Answering a question by beginning with the word "so" is just one of a dozen forms of wordplay that made it onto LSSU's 41st annual List of Words Banished from the Queen's English for Mis-use, Over-use and General Uselessness. The tradition created by the late W. T. Rabe, former public relations director at Lake Superior State University, is now in its fifth decade. Compilers hope this year's list will be so popular that it will break the Internet.
''Overused words and phrases are 'problematic' for thousands of Queen's English 'stakeholders,''' said an LSSU spokesperson while 'vaping' an e-cigarette during a 'presser.' ''Once something is banished, there's no 'walking it back;' that's our 'secret sauce,' and there's no 'price point' for that.''
Rabe and fellow LSSU faculty and staff came up with the first list of words and phrases that people love to hate at a New Year's Eve party in 1975, publishing it on Jan. 1, 1976. Though he and his friends created the first list from their own pet peeves about language, Rabe said he knew from the volume of mail he received in the following weeks that the group would have no shortage of words and phrases from which to choose for 1977. Since then, the list has consisted entirely of nominations received from around the world throughout the year.
Through the years, LSSU has received tens of thousands of nominations for the list, which now includes more than 800 entries. This year's list is culled from nominations received mostly through the university's website, lssu.edu/banished. Word-watchers target pet peeves from everyday speech, as well as from the news, fields of education, technology, advertising, politics and more. A committee makes a final cut in late December.
And now, the 2016 list:
(View / Add comments on our Banished Words Facebook page)
SOSo the word that received the most nominations this year was already banished, but today it is being used differently than it was in 1999, when nominators were saying, ''I am SO down with this list!'' Nominations came from across the country.
''Currently, it is being overused as the first word in the answer to ANY question. For instance, "How did you learn to play the piano?" Answer: "So my dad was in a classical music club..." '' Bob Forrest, Tempe Ariz.
''Tune in to any news channel and you'll hear it. The word serves no purpose in the sentence and to me is like fingernails on a chalkboard. So, I submit the extra, meaningless, and overused word 'so.''' '' Scott Shackleton, Sault Ste. Marie, Mich.
''Politicians, especially, are using this word when asked a question and not answering said question. It is used by all parties in Canada's Federal election. '' Karen Newton, Sault Ste. Marie, Ont.
''Frequently used to begin a sentence, particularly in response to a question, this tiresome and grammatically incorrect replacement for "Like," or "Um," is even more irksome'...It hurts my ears, every single time I hear it! '' Thomas H. Weiss, Mt. Pleasant, Mich.
''So it's getting really annoying. So can we please put a stop to this?'' '' David G. Simpson, Laurel, Md.
''It has become widespread to the point of an epidemic,'' said a sickened John from Philadelphia, Penn.
CONVERSATIONOnline publications invite us to ''join the conversation,'' which is usually more of a scream-fest. Gayle from Cedarville, Mich. wonders if ''debate has become too harsh for our delicate sensibilities. Now we are all encouraged to have a 'conversation,' and everything will somewhat be magically resolved.''
''Over the past five years or so, this word has been increasingly used by talking heads on radio, television and in political circles to describe every form of verbal communication known to mankind. It has replaced 'discussion,' 'debate,' 'chat,' 'discourse,' 'argument,' 'lecture,' 'talk''....all of which can provide some context to the nature of the communication. Perhaps the users feel that it is a word that is least likely to offend people, but I consider it to be imprecise language that, over time, dumbs down the art of effective discourse.'' '' Richard Fry, Marathon, Ont.
''Used by every media type without exception. No one listens.'' '' Richard Seitz, Charleston, Ill.
''Have one, start one, engage in one. Enough.'' '' Fred Rogers, Houston, Tex.
We are invited to ''join the conversation if we want to give an opinion. This expression is overused and it is annoying. Thanks for listening, eh.'' '' Debbie Irwin, Sault Ste. Marie, Ont.
PROBLEMATIC''A corporate-academic weasel word,'' according to the Urban Dictionary.
''Somewhere along the line, this word became a trendy replacement for 'that is a problem.' I just hate it.'' '' Sharon Martin, Hagerstown, Md.
''Anything that the speaker finds vaguely inconvenient or undesirable, such as an opposing political belief or bad traffic. Contrast things that are self-evidently taken to be problematic with, say, actual problems like a hole in the ozone layer or a job loss.'' '' Adam Rosen, Asheville, N.C.
STAKEHOLDERA word that has expanded from describing someone who may actually have a stake in a situation or problem, now being over-used in business to describe customers and others.
''Often used with 'engagement.' If someone is disengaged, they're not really a stakeholder in the first place. LSSU, please engage your stakeholders by adding this pretentious jargon to your list. '' Gwendolyn Barlow, Portland, Ore.
Harley Carter of Calgary, Alberta, says he has heard it with another word popular in business-speak, ''socialize,'' which means to spread an idea around to see what others think of it. ''We need to socialize this concept with our 'stakeholders.'''
''Dr. Van Helsing should be the only stake holder,'' says Jeff Baenen of Minneapolis, Minn.
PRICE POINTAnother example of using two words when one will do.
''This alliterative mutation seems to be replacing the word 'price' or 'cost.' It may be standard business-speak, but must it contaminate everyday speech?'' says Kevin Carney of Chicago, who provided an example in the March 19, 2015 issue of the New England Journal of Medicine, pg. 1171, which says, ''Although the 'price point' of effective new drugs...may initially be out of reach for many patients...''
''It has no 'point.' It is just a 'price.''' '' Guy Michael, Cherry Hill, N.J.
SECRET SAUCE''Usually used in a sentence explaining the 'secret' in excruciating public detail. Is this a metaphor for business success based on the fast food industry?'' '' John Beckett, Ann Arbor, Mich.
''It has become too frequent in business discussions. I am tired of it.'' '' Bill Evans, Clinton, Miss.
BREAK THE INTERNETA phrase that is annoying online word-watchers around the world.
''An annoying bit of hyperbole about the latest saucy picture or controversy that is already becoming trite.'' '' Tim Bednall, Melbourne, Victoria, Australia
''Meaning a post or video or whatever will have so much Internet traffic that it will 'break the internet.' It's being used for every headline and video. Ridiculous.'' '' Matthew Squires, Auburn, Mich.
''I hope the list doesn't 'break the internet.' (How else would I read it next year)?'' '' Dean Hinrichs, Kansas City, Mo.
WALK IT BACKA slower back-pedal?
''It seems as if every politician who makes a statement has to 'walk it back,' meaning retract the statement, or explain it in laborious detail to the extent that the statement no longer has any validity or meaning once it has been 'walked back.''' '' Max Hill, Killeen, Tex.
PRESSERThis shortened form of ''press release'' and ''press conference'' is not so impressive.
''Not only is there no intelligent connection between the word "presser" and its supposed meaning, this word already has a definition: a person or device that removes wrinkles. Let's either say 'press conference' or 'press release' or come up with something more original, intelligent and interesting!'' '' Constance Kelly, West Bloomfield, Mich.
''This industry buzzword has slipped into usage in news reporting and now that they have started, they can't seem to stop using it.'' '' Richard W. Varney, Akron, Ohio.
MANSPREADINGA word that is familiar to those in bigger cities, where seats on the bus or subway are sometimes difficult to find.
''Men don't need another disgusting-sounding word thrown into the vocabulary to describe something they do'...You're just taking too much room on this train seat, be a little more polite...'' '' Carrie Hansen, Caledonia, Mich.
''The term itself is stupid, and the campaign and petition written by men's rights activists claiming that men need to take up more space due to their anatomy, and that anti-manspreading campaigns are 'male-bashing,' are ridiculous. The problem is with people taking up too much space on the subway or any public mode of transportation. '' Beth, Anchorage, Alaska
VAPEVape and vaping are used to describe the act of 'smoking' e-cigarettes (another strange word) since the products emit vapor instead of smoke.
David Ervin of Sault Ste. Marie, Ont., says he hopes the word ''goes up in smoke.''
GIVING ME LIFEThe phrase refers to anything that may excite a person, or something that causes one to laugh.
''I suggest banishing this hyperbole for over-use,'' says Ana Robbins, Sault Ste. Marie, Mich.
''This list of banished words is 'giving me life'!''
PHYSICALITYWe had to include one for the sports fans. John Kollig of Jamestown, N.Y., says this is overused by every sports broadcaster and writer.
''I am not sure who is responsible, but over the last 12-18 months you cannot watch a sporting event, listen to a sports talk show on radio, or anything on ESPN without someone using this term to attempt to describe an athlete or a contest.'' '' Dan Beitzel, Perrysburg, Ohio
''Every time I hear them say it, I change the channel.'' '' Brenda Ruffing, Jackson, Mich.
''What the heck does it mean?'' '' Linda Pardy, Sault Ste. Marie, Ont.
View / Add comments on our Banished Words Facebook page
So, Lake Superior State University, overlooking the St. Mary's River and northern Ontario in Sault Ste. Marie, is Michigan's smallest public university with an enrollment of about 2,500 students. It is known for its academic programs such as fisheries and wildlife management, engineering, nursing, criminal justice, fire science, teaching, and much more. LSSU students enjoy the personal attention they receive from their professors both in the classroom and in the field, and all North American students at LSSU pay Michigan resident tuition under our ''One-rate at Lake State'' program. To find out more about our secret sauce, visit lssu.edu/admissions.
NEW YORK -- Some groups opposed to gun violence are not looking to politicians to solve the problem. They're looking at their own investments as a way to target the profits of gun makers.
Trauma surgeon Sheldon Teperman treats a gunshot victim almost every day at Jacobi Medical Center in the Bronx. He's been doing it for 32 years.
PlayVideo
CBS Evening NewsSandy Hook parents still fighting for gun reformIt's been three years since a gunman entered an elementary school in Connecticut and killed 20 first graders and six educators. The parents of so...
"You see all of this senseless violence and you see it year after year," Teperman told CBS News.
But six years ago, one patient changed him: the death of 92-year-old Sadie Mitchell, who was shot by a stray bullet -- in her own home.
"After I pronounced her dead, I was so emotionally taken and you want to throw up your hands. This is America," Teperman said.
That moment prompted Teperman to get more involved in gun safety legislation. That's when he learned his personal investments, like his 401(k), could be supporting the gun industry -- and called his financial adviser.
"He was not surprised at all," Teperman said. "All I had to do was sign the memo and give him the instruction not to allow any of my money to be invested in these killing machines."
Teperman is part of a national effort called Unload Your 401(k). It encourages investors to check their 401(k) plans and divest from gun stocks. Most of the spokespeople are victims' family members.
52Photos
How heavily armed is your state?As America reels from yet another mass shooting, a look at the most heavily-armed states, according to data from the ATF and U.S. Census Bureau
Leah Gunn Barrett, who helped create the campaign, says if you have stocks in large mutual funds, you may own shares in gun manufacturers.
"So we have to build awareness, just like we did for the divestment campaign during the years of apartheid in South Africa," Gunn Barrett told CBS News.
Currently, pension funds in Chicago are vowing to sell off firearms investments. In Philadelphia, they already did it.
In California, the state teachers' retirement system -- one of the largest pension funds in the nation -- voted unanimously to divest.
But equity analyst Brian Ruttenbur says divestment just creates opportunities for someone else.
"You have hundreds if not thousands of other funds that will take up the slack and don't have those restrictions," Ruttenbur pointed out. "There's only a handful of funds that are going to get that pressure and will divest."
In 2015, most gun manufacturers' stocks did very well. Smith & Wesson grew more than 133 percent.
(C) 2016 CBS Interactive Inc. All Rights Reserved.
On New Year's Day, Texas Governor Greg Abbott had a strong message for President Obama regarding his upcoming plan to unilaterally enact gun control legislation: ''Come and take it.''
''Obama wants to impose more gun control,'' Abbott tweeted Friday. ''My response? COME & TAKE IT.''
The Republican governor's statement comes amid announcements the Obama administration will act later this month to impose stricter rules on the selling and purchase of firearms.
The president will meet with Attorney General Loretta Lynch Monday to discuss what actions can be taken to circumvent the Second Amendment without congressional authorization, the Washington Post reports.
The new rules will reportedly seek to require private sellers to conduct background checks, as well as prevent people on the no-fly list from being able to purchase firearms.
Meanwhile, Governor Abbott has made a strong show of support for Texans' Second Amendment rights.
On Friday a new law came into effect allowing licensed citizens of the Lone Star State to openly carry holstered pistols.
The phrase ''come and take it'' was emblazoned on a flag flown by Texian forces during the Texas Revolution, chiefly at the battle of Gonzales, where Texian rebels revolted against the Mexican army and challenged them to retrieve a cannon loaned to them for protection.
Google is a major player in U.S. education. In fact, in many public schools around the country, it's technically a "school official." And that designation means parents may not get a chance to opt out of having information about their children shared with the online advertising giant.
The combined allure of Google's free suite of productivity tools and cheap laptops that use the company's Web-based ChromeOS operating system have made Google's products a popular choice at schools around the country. And the company's growing dominance is raising concern from some privacy advocates who allege it is using some student data for its own benefit.
[Google is tracking students as it sells more products to schools, privacy advocates warn]
Google's U.S. educational partnerships are possible thanks in part to school districts' reliance on the government's reinterpretation of an obscure 1970s-era student privacy law.
The law, the Family Educational Rights and Privacy Act or FERPA, requires schools to get written consent from parents before sharing personal information about students in many cases or risk federal education dollars. But it has an exception for sharing data with "school officials" who have a "legitimate educational interest" in the data.
When it was first enacted, that meant someone who was actually employed by the school district, according to Joel Reidenberg, a Fordham University law professor who has researched student data privacy. But changes in how the Department of Education interpreted the law in recent years now allow almost any individual or organization that contracts with a school district for some sort of educational function to be termed a "school official," he said.
In 2008, the "school official" exemption was extended to cover contractors because it was "critical" to establish rules for "non-consensual disclosures" as schools outsource more functions, according to an analysis of the changes from the department. To qualify for the designation, companies are supposed to provide a service the district would otherwise do itself and are held to the same general rules for use and restrictions on disclosing student data that govern traditional school officials.
"Student safety - including privacy - is a top priority for the Department," Education Department spokesperson Dorie Nolt said in an emailed statement. "That's why we continue to put out guidance and resources so that district leaders, schools, educators and students can use cutting-edge learning tools in the classroom while also safeguarding student privacy."
Google's standard agreement for providing its education suite defines the company as a "school official" for the purpose of that student privacy law. In Google's case, the company is providing software that districts might otherwise have to develop or support themselves, such as email services or tools that help students digitally collaborate on assignments.
But schools are supposed to have "direct control" of how a company or individual uses and maintains education records to deem them a "school official," according to the department's regulation. Khaliah Barnes, an associate director at the Electronic Privacy Information Center or EPIC, argues that isn't happening with many ed tech providers, including Google.
"The schools don't have access to Google's servers or a lot of the way that it uses the information because [the information is treated as] proprietary," she said. In 2012, EPIC brought a lawsuit against the Education Department in an attempt to stop the government from interpreting the law in ways it argued could allow schools to share more data about students with less explicit consent, but the case was later dismissed on standing grounds.
Today, Google and many other tech companies are increasingly part of students' daily classroom lives under the "school official" designation. And that leaves parents in the dark about who has access to an increasingly large cache of information about their children and may compromise their privacy down the line, experts say. But as previously reported, Google said it has "always been firmly committed to keeping student information private and secure."
Even 20 years ago, parents really didn't expect schools to track more than basic information about their children's school performance '-- things like attendance and test scores. But the latest generation of educational tech products are cataloging a nearly limitless amount of data on what students do everyday '-- from emails and chats, to metadata, such as location history, that educators may not even realize is being collected, Barnes said.
"The companies themselves aren't transparent, and often times schools even aren't aware of the extent of data collection," Barnes said.
Thanks in part to things like the "school official" loophole, parents are even less likely than school districts to know where data about their kid is going or be able to object, experts say. In a 2013 study, Reidenberg and colleagues looked at a sample of U.S. public schools and found that the vast majority of them used some sort of online cloud service, but only one in four told parents about the services.
"School districts are just generally not providing notice to parents," said Reidenberg.
The Department of Education itself has urged schools to be cautious when selecting tech for the classrooms '-- and to think about getting parents' consent even when the law may not explicitly call for it.
"Schools and districts are encouraged to remember that FERPA represents a minimum set of requirements to follow," a 2014 guide released by the Department's Privacy Technical Assistance Center said. "Even in instances where FERPA does not require parental consent, schools and districts should consider whether consent is appropriate."
This story has been updated to include a statement from the Department of Education received after publication.
Andrea Peterson covers technology policy for The Washington Post, with an emphasis on cybersecurity, consumer privacy, transparency, surveillance and open government.
From the ''say your prayers, we're gonna roast'' department.
On January 25th, 2006, while at the Sundance film festival, screening ''An Inconvenient Truth'', Al Gore said this as chronicled in an article by CBS News:
The former vice president came to town for the premiere of ''An Inconvenient Truth,'' a documentary chronicling what has become his crusade since losing the 2000 presidential election: Educating the masses that global warming is about to toast our ecology and our way of life.
Gore has been saying it for decades, since a college class in the 1960s convinced him that greenhouse gases from oil, coal and other carbon emissions were trapping the sun's heat in the atmosphere, resulting in a glacial meltdown that could flood much of the planet.
Americans have been hearing it for decades, wavering between belief and skepticism that it all may just be a natural part of Earth's cyclical warming and cooling phases.
And politicians and corporations have been ignoring the issue for decades, to the point that unless drastic measures to reduce greenhouse gases are taken within the next 10 years, the world will reach a point of no return, Gore said.
He sees the situation as ''a true planetary emergency.''
''If you accept the truth of that, then nothing else really matters that much,'' Gore said in an interview with The Associated Press. ''We have to organize quickly to come up with a coherent and really strong response, and that's what I'm devoting myself to.''
Well, the 10 years are about up, by now, warming should have reached ''planetary emergency levels'' Let's look at the data:
Satellite data since 1979:
As you can see, little has changed since 2006. Note the spike in 1998, in the 18 years since the great El Ni±o of 97/98, that hasn't been matched, and the current one we are in isn't stronger, and looks to be on the way to decaying. So much for the ''monster'' El Ni±o.
Dr. John Christy recently wrote of the satellite record since 1979:
While a 0.12 C trend isn't exactly a sprint to climate catastrophe (the 1.2 C or 2.2 degrees F rise over 100 years would be roughly equal to the warming seen most spring days between 10 a.m. and noon), it nonetheless has been a steady trend for the past several years. Take away the random variations caused by warm and cold weather systems, and any long-term trend, no matter how small, will produce climate records on a regular basis. Add to that long-term warming the additional heat of a large El Ni±o, and record-setting monthly average temperatures should be both routine and expected.
Despite that, early indications are that 2015 will end as the third warmest year in the satellite temperature record, behind 1998 and 2010. That is the early indication. Typically, the warmest temperatures are seen in the second year of an El Ni±o warming event, although there have been exceptions. If the typical pattern holds true, the second year of the current El Ni±o would be expected to bring more record high temperatures in 2016, perhaps including a new record high temperature for the year.
The fastest warming place on Earth over the past 37 years has been in the Arctic Ocean north of the Svalbard archipelago, where temperatures have been rising 0.5 C (about 0.9 degrees F) per decade. The fastest cooling spot was over the eastern Antarctic near Dome C. Temperatures there have been falling at the rate of 0.41 C (about 0.74 degrees F) per decade.
Warmer at the North pole, colder at the South pole since 1979. Source: UAH
The surface record for the last 10 years:
Global surface temperature from Jan. 2006 to Nov. 2015
Of course, proponents of climatic catastrophe will look at that and say ''Gore was right!'' '...except there is this small niggling problem, a fairly large El Ni±o in 2015, which has nothing to do with CO2 induced warming as Gore claimed ten years ago. Note the spike in 2007, in the nine years since, that hasn't been matched.
The real point here is to note that, no matter whether you are looking at the satellite record or the surface temperature record, is that the temperature hasn't risen dramatically in the last 10 years, and the dramatic spikes we see in the surface and satellite temperature records correspond to a natural event that's been going on for millennia; El Ni±o.
According to Gore, this map should have been all reds now.
In a recent post about why El Nino drive global temperatures, Dr. Roy Spencer wrote this: What Causes El Nino Warmth?
Dick Lindzen suggested to me recently that this might be a good time to address the general question, ''what causes the global-average warmth during El Nino?''
Some of you might say, ''the sun, of course''. Yes, the sun's energy is the ultimate source of energy for the climate system, but it really doesn't explain why El Nino years are unusually warm'...or why La Nina years are unusually cool.
The answer lies in the circulation of the Pacific Ocean, more specifically the vertical circulation of that ocean basin.
The short answer is that, during El Nino, there is an average decrease in the vertical overturning and mixing of cold, deep ocean waters with solar-heated warm surface waters. The result is that the surface waters become warmer than average, and deeper waters become colder than average. The opposite situation occurs during La Nina.
Importantly, the change shows up in global average ocean computations, based upon ocean temperature data (see our Fig. 3, here); this means that the changes centered in the Pacific are not offset by changes of the opposite sign occurring in other ocean basins.
So, the big warming events of the last 10 years have been El Ni±o related, a natural event, and even they haven't reached catastrophic levels of global temperature.
Al Gore's posited ''within the next 10 years, the world will reach a point of no return'' and ''a true planetary emergency.'' is proving to be nothing more than PR bullshit to push his movie, and won't happen by the ten year countdown of January 25th 2016.
Gaia seems to be a ''Gore denier''. How inconvenient.
[Moderator's Note: Most replies on this thread will trip our WordPress's ''automatic audit/automatic moderator queue'' trigger. Be patient, all replies will be read and checked in per the usual policies. You will not see your own reply until the checkoff is finished. .mod]
Note: within a few minutes of publication this post was updated to fix a formatting error, a source for the countdown graphic, and a repeated phrase on temperature, and fix of the date of the 10 year anniversary from 2015 to 2016
One them is Ammon Bundy, the 40-year-old son of Nevada rancher Cliven Bundy, who is well-known for anti-government action.
He spoke by phone to CNN on Sunday at 8 a.m. ET. Asked several times what he and those with him want, he answered in vague terms, saying that they want the federal government to restore the "people's constitutional rights."
"This refuge -- it has been destructive to the people of the county and to the people of the area," he said.
"People need to be aware that we've become a system where government is actually claiming and using and defending people's rights, and they are doing that against the people."
The group is inside part of the Malheur National Wildlife Refuge near Burns after gathering outside for a demonstration supporting Dwight and Steven Hammond, father and son ranchers who were convicted of arson.
Prosecutors said the Hammonds set a fire that burned about 130 acres in 2001, to cover up poaching. The father and son were sentenced to five years in prison.
The Hammonds said they set the fire to reduce the growth of invasive plants and to protect their property from wildfires, CNN affiliate KTVZ reported.
'We are not terrorists'After the march Saturday, the armed protesters broke into the refuge's unoccupied building and refused to leave. Officials have said there are no government employees in the building.
"We will be here as long as it takes," Bundy said. "We have no intentions of using force upon anyone, (but) if force is used against us, we would defend ourselves."
Ammon Bundy said that the group in Oregon was armed, but that he would not describe it as a militia. He declined to say how many people were with him, telling CNN on Sunday that giving that information might jeopardize "operational security."
The elder Bundy drew national attention last year after staging a standoff with federal authorities over a Bureau of Land Management dispute.
"We are not terrorists," Ammon Bundy said. "We are concerned citizens and realize we have to act if we want to pass along anything to our children."
He wouldn't call his group a militia, but others are.
"I don't like the militia's methods," local resident Monica McCannon told KTVZ. "They had their rally. Now it's time for them to go home. People are afraid of them."
A U.S. Fish and Wildlife Service representative said the agency and the Bureau of Land Management are aware of the armed protesters.
"While the situation is ongoing, the main concern is employee safety, and we can confirm that no federal staff were in the building at the time of the initial incident," the representative said. "We will continue to monitor the situation."
What the protesters wantWhen asked what it would take for the protesters to leave, Bundy did not offer specifics. He said he and those with him are prepared to stay put for days or weeks.
"We feel that we will occupy this as long as necessary," he said.
"We are using the wildlife refuge as a place for individuals across the United States to come and assist in helping the people of Harney County claim back their lands and resources," he said.
"The people will need to be able to use the land and resources without fear as free men and women. We know it will take some time."
He did not explicitly call on authorities to commute the prison sentences for the Hammonds, who are scheduled to report to prison Monday. But he said their case illustrates officials' "abuse" of power.
"Now that people such as the Hammonds are taking a stand and not selling their ranches, they are being prosecuted in their own courts as terrorists and putting them in prison for five years," Bundy said.
He said the Malheur National Wildlife Refuge has taken over the space of 100 ranches since the early 1900s.
"They are continuing to expand the refuge at the expense of the ranchers and miners," Bundy said.
He also said Harney County, in southeastern Oregon, went from one of the state's wealthiest counties to one of the poorest.
CNN has not independently corroborated Bundy's claims.
"I want to emphasis that the American people are wondering why they can't seem to get ahead or why everything is costing more and you are getting less, and that is because the federal government is taking and using the land and resources," Bundy said.
"And if it is continued, it will put the people in poverty."
What the feds sayActing U.S. Attorney Billy J. Williams of Oregon gave a starkly different perspective on the arson case.
His office declined to comment on the situation at the wildlife refuge Saturday, but it cited an opinion piece written by Williams in the Burns Times Herald last month defending the federal prosecutors' actions in the Hammonds case.
"Five years ago, a federal grand jury charged Dwight and Steven Hammond with committing arson on public lands and endangering firefighters," Williams wrote for the newspaper. "Steven Hammond was also found guilty of committing a second arson in 2006."
The prosecutor said witnesses saw the Hammonds illegally slaughter a herd of deer on public land.
"At least seven deer were shot with others limping or running from the scene," Williams wrote.
He said a teenage relative of the Hammonds testified that Steven Hammond gave him a box of matches and told him to start the blaze. "The fires destroyed evidence of the deer slaughter and took about 130 acres of public land out of public use for two years," the prosecutor wrote.
Williams also disputed the notion that the Hammonds were prosecuted as terrorists, as Bundy suggested.
"The jury was neither asked if the Hammonds were terrorists, nor were defendants ever charged with or accused of terrorism," Williams wrote. "Suggesting otherwise is simply flat-out wrong."
CNN's Evan Perez, Kevin Liptak, Kevin Bohn and Jackie Castillo contributed to this report.
VIDEO-Feds: Captured man was planning ISIS attack in New York - CNNPolitics.com
Emanuel Lutchman, 25, was charged with attempting to provide material support to ISIS, which carries a sentence of up to 20 years in prison and a $250,000 fine.
"This New Year's Eve prosecution underscores the threat of ISIL even in upstate New York but demonstrates our determination to immediately stop any who would cause harm in its name," said William Hochul Jr., the U.S. attorney for the Western District of New York.
Lutchman allegedly received direction from an ISIS member overseas and planned to attack revelers in order to join ISIS.
According to a criminal complaint, Lutchman had been in contact with a man overseas who claimed to be in ISIS. Lutchman told him he wanted to come to Syria but was informed he couldn't come now and that he should kill Americans to prove himself, according to the document.
Emanuel Lutchman
On Monday, the document alleges, Lutchman met with a confidential source for the Justice Department. The source said Lutchman wanted to sneak a bomb into the restaurant and kidnap some people to kill.
Authorities allege he and the source went to a Walmart on Tuesday and bought two ski masks, two knives, a machete, zip ties, duct tape, ammonia and rubber gloves.
"The operation is a go. We just gotta do it, man," the complaint says Lutchman told the source. He also talked about making a video before the attack, FBI Special Agent Timothy J. Klapec says in the document.
The FBI said the confidential source has been paid for cooperation on another case, and has a felony and misdemeanor on his criminal record. The source paid for the items at Walmart, it said.
The owner of Merchants Grill told CNN affiliate WHAM in Rochester that three FBI agents told him his restaurant would have been the target.
John Paige said business owners are familiar with Lutchman.
"He's been around the neighborhood for quite some time. He's a panhandler. A lot of businesses have asked him to leave, including myself," he told WHAM.
Lutchman appeared before U.S. Magistrate Judge Marian Payson on Thursday morning.
The city announced that it was canceling its fireworks show and adding police officers to patrols.
The announcement comes as President Barack Obama has been seeking to calm fears in the wake of the San Bernardino, California, terrorist attack, while reassuring Americans of his strategy for handling ISIS.
Obama was briefed on a possible terror threat targeting three major U.S. cities happening between Christmas and the New Year's Eve holiday.
CNN's Steve Almasy and Jennifer Moore contributed to this report.
VIDEO-Professor Has Simple Way To Deal With Open Carry Activists, And Pro-Gun Businesses Aren't Going To Like It (VIDEO) | Addicting Info: The Knowledge You Crave
If you're enjoying a nice meal at a restaurant with your family and you see a man carrying an assault rifle walk in, it could be one of two things: either he's a crazy person intent on killing someone or he's a crazy person intent on showing his gun off in public and daring someone to ask him to leave it at home. While the NRA would say just give him the benefit of the doubt, the possibility that you could be the victim of a shooting might make you lose your appetite.
You would think that businesses wouldn't want that kind of scenario being played out in their establishments '' people afraid of dying don't usually stay for dessert '' but instead they are more concerned with upsetting the guys with guns. And for good reason. The NRA* and other pro-gun groups have demonstrated again and again, they are willing to bring down a world of pain on any business that they perceive as going soft on supporting people's God-given right to carry machine guns wherever they go.
Consequently, there wasn't really a good way to prevent this from happening.
Finally, a philosophy professor thinks he may have come up with a solution. Pro-gun businesses are going to hate it.
On the website Philosophy Questions Every Day, University of North Dakota professor Jack Russell Weinstein tackles the question of ''how people should respond to open-carry gun-rights activists?''
Again, complaints haven't worked. Gun nuts insist they are the ''good guys'' and liberals are just being weak-kneed. Businesses are afraid to get too much attention from gun groups. It seems like an intractable problem. Here's how Weinstein says we should respond.
My proposal is as follows: we should all leave. Immediately. Leave the food on the table in the restaurant. Leave the groceries in the cart, in the aisle. Stop talking or engaging in the exchange. Just leave, unceremoniously, and fast.
But here is the key part: don't pay. Stopping to pay in the presence of a person with a gun means risking your and your loved ones' lives; money shouldn't trump this. It doesn't matter if you ate the meal. It doesn't matter if you've just received food from the deli counter that can't be resold. It doesn't matter if you just got a haircut. Leave. If the business loses money, so be it. They can make the activists pay.
It may seem rude or embarrassing to simply walk out, but is the alternative any better? In a very real sense, lives could be on the line and putting yourself at risk in order to not offend is not a smart move. It also hurts businesses where it matters most: their profits. If you leave without paying, you just cost the business a sale. If they want you to pay, they should do a better job of making you feel positive that you aren't about to get shot. If businesses don't like that then they have to go through the awkward motions of explaining why they are more concerned about a bill then they are about their customers' safety.
Weinstein concludes:
The gun-rights activists think that their intent is obvious and that everyone knows what they hope to do. They believe their minds are transparent. But this is because they are all extreme narcissists. It baffles them that we don't all know exactly what they are thinking. It shocks them that we don't know that Jim is a good guy, and that Sally would never murder anyone. But they are wrong. We don't know them and we don't know how they think. The only thing that makes us notice them at all is that they have guns and truthfully, that's why they carry them in the first place. They want to be celebrities, heroes, and the centers of attention.
So give them what they want, Weinstein argues. Let them eat in the restaurant alone while the owners struggle to justify protecting them. It's not up to the rest of us to play by their rules.
After Weinstein's argument went viral, he made a follow-up video where he further explained his reasoning. Check it out below:
h/t The Wonkette
*The NRA initially criticized open-carry advocates for bringing guns into restaurants saying they were being ''weird.'' However, I decided to include the organization because they later caved to pressure and retracted that condemnation.
VIDEO-BREAKING: 150 ARMED PATRIOT MILITIA SEIZE FEDERAL COMPLEX ISSUE CALL TO ARMS - YouTube
"There was a unanimous evaluation that the information was to be taken seriously. That's why we took the appropriate security measures"
Two train stations were closed in the German city of Munich on New Year's Eve amid fears that militants were about to launch attacks.
Police say they received ''very concrete information'' from the intelligence agency of a friendly country that ISIL was planning to strike.
''The federal criminal police gave us specific information about possible attacks here in Munich. It concerned the main station in Munich and Pasing station,'' said Hubertus Andrae, Munich Police President.
''There was a unanimous evaluation that the information was to be taken seriously. That's why we took the appropriate security measures.''
Police also say that ISIL had planned to use suicide bombers in the attacks.
People in Munich were advised to avoid the train stations and crowded areas.
Security forces in many capitals have been on raised alert after a year of militant attacks, the biggest of which killed 130 in Paris in November and was claimed by the so-called Islamic State.
VIDEO-Trump targeted in Rose Parade skywriting protest | euronews, world news
Planes flying over the New Year's Day Rose Parade in the US state of California spelled it out'...
''America is great! Trump is disgusting. Anybody but Trump, US.''
An hour later, the planes were still circling overhead, writing messages such as ''Trump is delusional,'' and ''Trump is a fascist dictator.''
Despite the derogatory skywriting, Donald Trump remains the Republican frontrunner for the US presidency.
Speaking at a rally in the US state of Iowa, the billionaire businessman took a direct hit at Democrat Hilary Clinton's presidential aspirations'...
''Listen. 'Madam President', can you imagine? Believe me, women, if it's gotta be a woman, which I'm all in favour of some day, it shouldn't be Hillary. It shouldn't be.''
VIDEO-Putin Declares NATO A Threat To Russian Nation Security! - YouTube
See more in the NB Staff post on the NewsBusters blog.
Appearing on Wednesday's edition of The Kelly File, MRC President Brent Bozell and Fox News contributor Judith Miller made the case to fill-in host Sandra Smith that Donald Trump's recent pledge to begin airing millions of dollars in television ads is not exactly necessary given the fact that the liberal media have been giving Trump a lion's share of their 2016 election coverage.
Miller was first asked about this development and she immediately raised questions as to why it's an imperative since ''he's gotten all of this advertising for free'': ''It's been all Trump, all the time. Just about 70 to 80 percent of the coverage and he has played the media like a Stradivarius. Why should he start investing in ads now? Won't that be, as Donald Trump himself said, too much Trump?''
VIDEO-CNN's Camerota Shocked 14 Women Could Make Claims Against Bill Clinton | MRCTV
"Is that right? Fourteen?" Check out Alisyn Camerota, 1:21 into the video clip. The shock and surprise in the voice of the CNN host is stupendous! Yes, who could possibly imagine that, as CNN commentator Errol Louis stated on this morning's New Day, there are 14 women who could potentially make allegations of improprieties against Bill Clinton?
If Camerota had only looked into CNN's own files, she wouldn't be so shocked. The Starr report includes Monica Lewinsky's testimony that Clinton personally told her that "he had had hundreds of affairs" before the age of 40. And Dick Morris is on record saying Clinton had "hundreds of women" just during his time in the White House. Whatever the precise number, does Camerota imagine that Clinton conducted himself like Sir Galahad in all his encounters?
VIDEO-ABC News: Hillary 'Predicted' ISIS Would Use Trump in Video | MRCTV
If I claimed it was currently raining when it was not, but two weeks later it does rain, does that make my original statement a prediction, that was "right?" No, if you're honest about it. But maybe yes if you're ABC News, and instead of me talking about rain, it was Hillary Clinton talking about Donald Trump in ISIS recruitment videos.
On today's Good Morning America, co-host Dan Harris suggested Hillary Clinton "may actually have been right" about Donald Trump turning up in ISIS videos. And during the subsequent segment, reporter Mary Bruce said Hillary "predicted" Trump "would" be used in ISIS videos. There's only one hitch: Hillary hadn't "predicted" what ISIS "would" do. On December 19th, during a Dem debate, Hillary claimed that ISIS was already using Trump in recruitment videos.
VIDEO-Weekly Address: Making America Safer for Our Children - YouTube
Last week, a young boy asked Hillary Clinton about pay equity between men and women and the campaign was accused of planting the question.
This time, another boy in New Hampshire read a question to the candidate, wanting to know what she would do about guns to keep him and his friends ''safe.''
Reading from a card, the boy said, ''When you become president, what is your plan to connect mental health problems and guns to make sure that me, my brothers, and my friends are safe from violence at school?''
A young man in New Hampshire asked: How are you going to make sure me and my brothers are safe from gun violence at school?
Posted by Hillary Clinton on Saturday, January 2, 2016
''I'm going to do everything I can do and I'm not going to stop trying,'' she said.
''I think we need to pass some laws that I have been advocating for. We need comprehensive background checks. We need to close the gun show loophole, the online loophole.''
She also proposed creating a new gun rights group to rival the National Rifle Association.
''It is really time for gun owners to for a different organization that will do more on gun safety, do more on gun responsibility and stand up for the safety of our children and our communities.''
(C) 2016 The American Mirror. All Rights Reserved.
VIDEO-noAgenda JLD Project Maine Come Together parody - YouTube
Bill Clinton Knows Why Donald Trump And Bernie Sanders Are So Popular | Above AverageHTTP/1.1 200 OK Date: Sat, 02 Jan 2016 18:50:51 GMT Content-Type: text/html; charset=UTF-8 Vary: Accept-Encoding X-Pingback: http://aboveaverage.com/xmlrpc.php Link: ; rel=shortlink X-FW-Hash: vncp5tv8i6 Content-Encoding: gzip Server: Flywheel/4.0.0 Cache-Control: public X-Cacheable: YES X-Cache: MISS X-FW-Static: NO X-FW-Serve: TRUE X-FW-Type: VISIT Transfer-Encoding: chunked Connection: keep-alive Accept-Ranges: bytes
The Internet's Last Hope For Comedy
Bill Clinton Knows Why Donald Trump And Bernie Sanders Are So PopularAs Stephen Colbert notes, Bill Clinton has been called the ''Secretary of Explainin' Stuff'' by none other than Barack Obama himself in the past. So naturally, Bubba can explain the appeal behind fringe candidates like Bernie Sanders and Donald Trump:
(C) AboveAverage.com. Above Average Productions, Inc. All rights reserved.
VIDEO-al-KatÄi'b Media presents a new video message from Ḥarakat al-ShabÄb al-MujÄhidÄn: ''The Path to Paradise: From the Twin Cities to the Land of the Two Migrations'' | JIHADOLOGY: A clearinghouse for jihÄdÄ primary source material, origina
Jihadology is a personal project of Aaron Y. Zelin and is not associated with The Washington Institute for Near East Policy.
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Follow Blog via EmailArchivesArchivesCategoriesCategoriesRecent PodcastsNew video message from Ḥarakat al-ShabÄb al-MujÄhidÄn: ''In Remembrance #12'"December 22, 2015The Archivist: ''Until Our Hearts Submit To The Shari'a'' '' Da'wa Pamphlet From Jabhat al-NusraDecember 22, 2015Jihadology Podcast: A History of Lebanese Sunni JihadismDecember 21, 2015New video message from The Islamic State: ''And Whoever Is An Ally To Them Among You '' Then Indeed, He Is [One] Of Them #2 '' WilÄyat Ḥimá¹£''December 21, 2015New NashÄd from al-QÄ'idah in the Arabian Peninsula's AbÅ YÅsuf: ''We Are a Firm Nation''December 21, 2015New video message from The Islamic State: ''The Islamic Police in the City of Sirt '' WilÄyat ṬarÄbulus''December 21, 2015New video message from Jabhat al-Nuá¹£rah: ''Poll of Some of the Views of Muslims on the RiyÄḠConference''December 21, 2015New video message from Jund al-ÄqsÄ: ''And He Who Turns Back On His Heels Will Never Harm God At All''December 21, 2015New video message from Aná¹£Är al-SharÄ'ah in the Arabian Peninsula: ''Coverage of the Battles in WilÄyat Ta'iz''December 21, 2015New video message from The Islamic State: ''Statistics of the Military Operations for the Month of November-December 2015 '' WilÄyat al-JanÅb''December 20, 2015New video message from Jund al-KhilÄfah in the Philippines: ''Training Camp''December 20, 2015New video message from Jabhat al-Nuá¹£rah: ''Patience and Constancy in the Kurdish Mountains''December 20, 2015New nashÄd from The Islamic State: ''The Lions of God''December 20, 2015New video message from al-QÄ'idah in the Arabian Peninsula's QÄsim al-RaymÄ: ''Concepts #11: The Near Enemy''December 20, 2015New statement from the Islamic Emirate of Afghanistan: ''Notice Concerning Countrymen Fleeing Afghanistan''December 20, 2015New video message from the Islamic Emirate of Afghanistan: ''Liberation of Khan-e-Sheen''December 20, 2015New video message from TeḥrÄk-Ä-ṬÄlibÄn PÄkistÄn: ''The Real Story of the PAF Base Badaber Attack''December 20, 2015New video message from Ḥizb al-IslÄmÄ al-TurkistÄnÄ in BilÄd al-ShÄm: ''Dr. 'Abd Allah bin Muḥammad al-MuḥaysinÄ: The Importance of Martyrdom Operations in Our Current Time''December 20, 2015New video message from Jabhat al-Nuá¹£rah: ''Opinion Poll About the RiyÄḠConference in Rural Northern Aleppo''December 19, 2015New release from The Islamic State: ''Harvest of the Military Operations for the Month of November-December 2015 '' WilÄyat SaynÄ'''December 19, 2015Copyright NoticeCopyright (C) Aaron Y. Zelin and Jihadology.net. All Rights Reserved. Unauthorized use and/or duplication of original material without express and written permission from this blog's author is strictly prohibited. Content may be used, provided that full and clear credit is given to Aaron Y. Zelin and Jihadology.net with appropriate and specific direction to the original content.
Immune Disease at the University of Nevada, Reno, and end with her as a witness for 'the federal government against her former employer, Harvey Whittemore, for Illegal campaign contributions to U. S. Senate Majority Leader, Harry Reid.On this journey Dr. Mikovits would face the scientific prejudices against CFS, wander into the minefield that is autism, and through it all struggle to maintain her faith in God and the profession to which she had dedicated her life. This is a story for anybody interested in the 'peril and promise of science at the very highest levels in our country.'On July 22, 2009, a special meeting was held with twenty-four leading scientists at the National Institutes of Health to discuss early findings that a newly discovered retrovirus was linked to chronic fatigue syndrome (CFS), prostate cancer, lymphoma, and eventually neurodevelopmental disorders in children.
When Dr. Judy Mikovits finished her presentation the room was silent for a moment, then one of the scientists said, ''Oh my God!'' The resulting investigation would be like no other in science.
'
For Dr. Mikovits, a twenty-year veteran of the National Cancer Institute, this was the midpoint of a five-year journey that would start with the founding of the Whittemore-Peterson Institute for Neuro-PLAGUE: Tsunami Judy and the Liberation 'of Scientists.PLAGUE: An Alliance of the Free Peoples of 'Middle Earth'To order your copy of Plague: 'One Scientist's intrepid Search For the Truth about Human Retroviruses and Chronic Fatigue Syndrome, Autism, and Other Diseases
"I started reading your manuscript last night, and it reads like a novel - incredible. I'm only on page 20, but I'm so very excited to read every page -- and mind you, I have time to read no one's books. Just my way of pointing out that this is one of the most important issues I have ever happened upon............."
Open carry: What you need to knowShare This Story!Let friends in your social network know what you are reading about
Open carry: What you need to knowRegardless of where you stand on the issue, starting Friday, openly carrying firearms will be legal in Texas.
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Charlotte Huffman, WFAA11:22 p.m. CST December 29, 2015
Openly carrying firearms in Texas becomes legal on January 1, 2016.(Photo: WFAA)
DALLAS '--Open carry. It's a touchy subject in Texas.
''I'm for it," said John Pringle. "I think the bad guys all have guns, so we should arm ourselves, too."
Nathan Reddy disagrees. ''I'm not a big fan of it," he said. "It is scary seeing people carry it out in the open."
Regardless of where you stand on the issue, starting Friday, openly carrying firearms will be legal in Texas.
The new law, commonly referred to as 30.07 for its section in the Texas Penal Code, goes into effect on January 1. It lets license holders carry their handguns in plain view, as long as the gun is in a shoulder or belt holster.
WFAA
Inside Texas Politics: Two views on open carry
License holders will still be prohibited from carrying openly in many places, including bars, schools, or private businesses that choose to prohibit open carry, like grocery giants H-E-B and Whole Foods.
WFAA contacted nearly a dozen local police departments to ask how they are preparing for the change. Almost all responded saying they are ready, and their officers have been trained on the change in law.
The new law goes into effect on January 1.
''We expect to have a little bit of an uptick in the calls,'' said Dallas Police Department Deputy Chief Jeff Cotner.
To handle an increase in calls, Dallas police have created a signal specifically for monitoring and tracking open carry concerns from the public.
''I think it is an interesting scenario that someone could walk into a bank and walk up to a teller and be open-carrying,'' Cotner said.
The City of Dallas reminds people to call 911 only if a gun holder is violating the open carry law. Violations can include:
removal of the gun from its holsteran intoxicated gun-holdercommitting a crimeacting recklessly''There is going to be a learning curve, an adjustment, a transition,'' Cotner said.
But he points out that in Texas, license holders have been legally carrying their weapons around for years. The only difference now? You'll be able to see those guns.
''[License holders] have been vetted. [They're] required to go through a regimented training process that teaches them how to properly carry their weapon, how to interact with the public with their weapon and law enforcement," Cotner said. "So I don't anticipate many problems. I anticipate a smooth transition.''
Read or Share this story: http://on.wfaa.com/1YRRleK
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Friday's 10pm forecast with David Paul03:13
Grandma turns 99 on NYE, dreams of meeting JJ Watt02:22
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Open Carry law in Texas begins02:07
Deadly shooting inside Houston restaurant01:18
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Many hangover 'cures' are merely myths01:45
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]]>Open carry: What you need to knowShare This Story!Let friends in your social network know what you are reading about
Open carry: What you need to knowRegardless of where you stand on the issue, starting Friday, openly carrying firearms will be legal in Texas.
Try Another
Audio CAPTCHA
Image CAPTCHA
Help
]]>
{# #}
CancelSend
Sent!A link has been sent to your friend's email address.
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Charlotte Huffman, WFAA11:22 p.m. CST December 29, 2015
Openly carrying firearms in Texas becomes legal on January 1, 2016.(Photo: WFAA)
DALLAS '--Open carry. It's a touchy subject in Texas.
''I'm for it," said John Pringle. "I think the bad guys all have guns, so we should arm ourselves, too."
Nathan Reddy disagrees. ''I'm not a big fan of it," he said. "It is scary seeing people carry it out in the open."
Regardless of where you stand on the issue, starting Friday, openly carrying firearms will be legal in Texas.
The new law, commonly referred to as 30.07 for its section in the Texas Penal Code, goes into effect on January 1. It lets license holders carry their handguns in plain view, as long as the gun is in a shoulder or belt holster.
WFAA
Inside Texas Politics: Two views on open carry
License holders will still be prohibited from carrying openly in many places, including bars, schools, or private businesses that choose to prohibit open carry, like grocery giants H-E-B and Whole Foods.
WFAA contacted nearly a dozen local police departments to ask how they are preparing for the change. Almost all responded saying they are ready, and their officers have been trained on the change in law.
The new law goes into effect on January 1.
''We expect to have a little bit of an uptick in the calls,'' said Dallas Police Department Deputy Chief Jeff Cotner.
To handle an increase in calls, Dallas police have created a signal specifically for monitoring and tracking open carry concerns from the public.
''I think it is an interesting scenario that someone could walk into a bank and walk up to a teller and be open-carrying,'' Cotner said.
The City of Dallas reminds people to call 911 only if a gun holder is violating the open carry law. Violations can include:
removal of the gun from its holsteran intoxicated gun-holdercommitting a crimeacting recklessly''There is going to be a learning curve, an adjustment, a transition,'' Cotner said.
But he points out that in Texas, license holders have been legally carrying their weapons around for years. The only difference now? You'll be able to see those guns.
''[License holders] have been vetted. [They're] required to go through a regimented training process that teaches them how to properly carry their weapon, how to interact with the public with their weapon and law enforcement," Cotner said. "So I don't anticipate many problems. I anticipate a smooth transition.''
Read or Share this story: http://on.wfaa.com/1YRRleK
TOP VIDEOSRobbery leads to deadly shooting inside Houston restaurant00:32
Raw: Man With Drone Stopped Near Obama Motorcade01:39
WATCH: Wrapping up the Iowa football season02:32
Friday's 10pm forecast with David Paul03:13
Grandma turns 99 on NYE, dreams of meeting JJ Watt02:22
Dogs injured in deadly crash get help from firefighters02:26
Open Carry law in Texas begins02:07
Deadly shooting inside Houston restaurant01:18
New 'Star Wars' Cast Geek Out Over Lightsabers01:45
Many hangover 'cures' are merely myths01:45
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VIDEO-"Terrorists" Take Cue From Hillary Clinton And Use Donald Trump Speech In Recruitment Video! - YouTube
U.S. Republican presidential candidate Donald Trump speaks to supporters at a Pearl Harbor Day rally aboard the USS Yorktown Memorial in Mount Pleasant, South Carolina, December 7, 2015. REUTERS/Randall Hill
REUTERS
Terror group al-Shabab, al-Qaeda's Somalia-based affiliate, is using a clip from Donald Trump in a purported Islamist propaganda video -- and it's gaining traction among Islamic State of Iraq and Syria (ISIS) online channels.
The nearly hour-long video, produced by al-Shabab's media arm al-Kataib, uses a soundbite from the Republican front-runner's speech in December calling for the "total and complete shutdown" of Muslims entering the country.
Preceding the Trump clip, a bite from the now-deceased al-Qaeda leader Anwar al-Awlaki, who was killed in a U.S. airstrike in Yemen in 2011, warns "Muslims of the West" to be cautious and "learn from the lessons of history."
"There are ominous clouds gathering in your horizon," al-Awlaki says in English. "Yesterday, America was a land of slavery, segregation, lynching, and Ku Klux Klan. And tomorrow it will be a land of religious discrimination and concentration camps. "
PlayVideo
CBS Evening NewsTrump calls for "shutdown" of Muslims coming to U.S.A day after President Obama urged the nation not to discriminate against American Muslims, Republican presidential candidate Donald Trump called ...
The video then cuts to a clip from Trump's South Carolina rally, where the GOP contender's comments are met with loud applause: "And so remember this. So listen. Donald J. Trump is calling for a total and complete shutdown of Muslims entering the United States until our country's representatives can figure out what the --- is going on."
Trump's expletive is bleeped out.
The video returns to Al-Awlaki, who adds, "The West will eventually turn against its Muslim citizens."
Also posted to the website of SITE Intelligence Group, the 51-minute, 44-second video is a larger call to black youths in the U.S. to convert to Islam. The video also cites other examples of perceived racial injustice, including recent police shootings, including the cases of Michael Brown in Ferguson, Missouri and Walter Scott in South Carolina.
According to SITE, the video -- the second in a series on American jihadi fighters produced by al-Shabab -- was widely distributed via Twitter and the encrypted messaging app Telegram on January 1.
In December, Democratic presidential candidate Hillary Clinton called Trump "ISIS' best recruiter" during a primary debate, saying that "they are going to people, showing them videos of Donald Trump insulting Islam and Muslims in order to recruit more radical jihadists."
Trump vehemently refuted the charge the next day, calling it "just another Hillary lie" in an interview with NBC's "Meet the Press."
(C) 2016 CBS Interactive Inc. All Rights Reserved.
VIDEO-Bernie Sanders Calls for Sweeping Gun Ban That Would Outlaw All Self-Defense Firearms - Ben Swann's Truth In Media
Senator Bernie Sanders, who represents vehemently pro-gun Vermont, has built a fairly firearms friendly voting record during his time in the U.S. Senate. After he recently emerged as the 2016 presidential race's standard-bearer for the Democratic Party's progressive wing, progressive politicos who oppose gun rights began to complain about Sanders' record on guns. In an apparent primary-season about-face on Sunday's episode of NBC's Meet the Press, Sanders radically adjusted his position on guns and advocated for a sweeping gun ban that would outlaw most firearms designed for home and self defense.
In the above-embedded clip from Meet the Press, which is featured on Bernie Sanders' YouTube channel, he said, ''Nobody should have a gun who has a criminal background, who's involved in domestic abuse situations. People should not have guns who are going to hurt other people, who are unstable. And second of all I believe that we need to make sure that certain types of guns used to kill people, exclusively, not for hunting, they should not be sold in the United States of America, and we have a huge loophole now with gun shows that should be eliminated.''
While most of the positions that he advocated for on guns on Meet the Press fall within the mainstream of the Democratic Party, Media Research Center points out the fact that calling for a ban on all firearms ''used to kill people'' and ''not for hunting'' implies a ban on all weapons that are impractical for hunting but used primarily for self defense, including handguns, shotguns, and specific classes of rifles.
''Coming from a rural state, I think I can communicate with folks coming from urban states where guns mean different things than they do in Vermont where it's used for hunting,'' said Sanders, clarifying that he would continue to defend his home state's hunting tradition but would oppose gun rights for people living in an urban area.
The Washington Post notes that the previously pro-gun Sanders won his first House seat with the help of an endorsement from the National Rifle Association.
In a May op-ed criticizing Sanders' votes in favor of gun rights, Slate's Mark Joseph Stern wrote, ''Sanders, an economic populist and middle-class pugilist, doesn't talk much about guns on the campaign trail. But his voting record paints the picture of a legislator who is both skeptical of gun control and invested in the interests of gun owners'--and manufacturers. In 1993, then-Rep. Sanders voted against the Brady Act, which mandated federal background checks for gun purchasers and restricted felons' access to firearms. As a senator, Sanders supported bills to allow firearms in checked bags on Amtrak trains and block funding to any foreign aid organization that registered or taxed Americans' guns. Sanders is dubious that gun control could help prevent gun violence, telling one interviewer after Sandy Hook that 'if you passed the strongest gun control legislation tomorrow, I don't think it will have a profound effect on the tragedies we have seen.'''
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The following two tabs change content below.Barry Donegan is a writer, musician, and pro-liberty political activist living in Nashville, TN. Donegan served as Director-at-Large of the Davidson County Republican Party from 2009-2011 and was the Middle Tennessee Regional Coordinator over 30 counties for Ron Paul's 2012 Presidential Campaign. Follow him at facebook.com/barry.donegan and twitter.com/barrydonegan
