--S.735--
S.735
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes.
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. 2. Table of contents.
TITLE I--HABEAS CORPUS REFORM
Sec. 101. Filing deadlines.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
Subtitle C--Assistance to Victims of Terrorism
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of crime.
Sec. 236. Technical correction.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
Sec. 301. Findings and purpose.
Sec. 302. Designation of foreign terrorist organizations.
Sec. 303. Prohibition on terrorist fundraising.
Subtitle B--Prohibition on Assistance to Terrorist States
Sec. 321. Financial transactions with terrorists.
Sec. 322. Foreign air travel safety.
Sec. 323. Modification of material support provision.
Sec. 325. Prohibition on assistance to countries that aid terrorist states.
Sec. 326. Prohibition on assistance to countries that provide military equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for countries not cooperating fully with United States antiterrorism efforts.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien Terrorists
Sec. 401. Alien terrorist removal.
Subtitle B--Exclusion of Members and Representatives of Terrorist Organizations
Sec. 411. Exclusion of alien terrorists.
Sec. 412. Waiver authority concerning notice of denial of application for visas.
Sec. 413. Denial of other relief for alien terrorists.
Sec. 414. Exclusion of aliens who have not been inspected and admitted.
Subtitle C--Modification to Asylum Procedures
Sec. 421. Denial of asylum to alien terrorists.
Sec. 422. Inspection and exclusion by immigration officers.
Sec. 423. Judicial review.
Subtitle D--Criminal Alien Procedural Improvements
Sec. 431. Access to certain confidential immigration and naturalization files through court order.
Sec. 432. Criminal alien identification system.
Sec. 433. Establishing certain alien smuggling-related crimes as RICO-predicate offenses.
Sec. 434. Authority for alien smuggling investigations.
Sec. 435. Expansion of criteria for deportation for crimes of moral turpitude.
Sec. 436. Miscellaneous provisions.
Sec. 437. Interior repatriation program.
Sec. 438. Deportation of nonviolent offenders prior to completion of sentence of imprisonment.
Sec. 439. Authorizing State and local law enforcement officials to arrest and detain certain illegal aliens.
Sec. 440. Criminal alien removal.
Sec. 441. Limitation on collateral attacks on underlying deportation order.
Sec. 442. Deportation procedures for certain criminal aliens who are not permanent residents.
Sec. 443. Extradition of aliens.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
Subtitle A--Nuclear Materials
Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from armories.
Subtitle B--Biological Weapons Restrictions
Sec. 511. Enhanced penalties and control of biological agents.
Subtitle C--Chemical Weapons Restrictions
Sec. 521. Chemical weapons of mass destruction; study of facility for training and evaluation of personnel who respond to use of chemical or biological weapons in urban and suburban areas.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sec. 601. Findings and purposes.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and Penalties
Sec. 701. Increased penalty for conspiracies involving explosives.
Sec. 702. Acts of terrorism transcending national boundaries.
Sec. 703. Expansion of provision relating to destruction or injury of property within special maritime and territorial jurisdiction.
Sec. 704. Conspiracy to harm people and property overseas.
Sec. 705. Increased penalties for certain terrorism crimes.
Sec. 706. Mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence.
Sec. 707. Possession of stolen explosives prohibited.
Sec. 708. Enhanced penalties for use of explosives or arson crimes.
Sec. 709. Determination of constitutionality of restricting the dissemination of bomb-making instructional materials.
Subtitle B--Criminal Procedures
Sec. 721. Clarification and extension of criminal jurisdiction over certain terrorism offenses overseas.
Sec. 722. Clarification of maritime violence jurisdiction.
Sec. 723. Increased and alternate conspiracy penalties for terrorism offenses.
Sec. 724. Clarification of Federal jurisdiction over bomb threats.
Sec. 725. Expansion and modification of weapons of mass destruction statute.
Sec. 726. Addition of terrorism offenses to the money laundering statute.
Sec. 727. Protection of Federal employees; protection of current or former officials, officers, or employees of the United States.
Sec. 728. Death penalty aggravating factor.
Sec. 729. Detention hearing.
Sec. 730. Directions to Sentencing Commission.
Sec. 731. Exclusion of certain types of information from definitions.
Sec. 732. Marking, rendering inert, and licensing of explosive materials.
TITLE VIII--ASSISTANCE TO LAW ENFORCEMENT
Subtitle A--Resources and Security
Sec. 801. Overseas law enforcement training activities.
Sec. 802. Sense of Congress.
Sec. 803. Protection of Federal Government buildings in the District of Columbia.
Sec. 804. Requirement to preserve record evidence.
Sec. 805. Deterrent against terrorist activity damaging a Federal interest computer.
Sec. 806. Commission on the Advancement of Federal Law Enforcement.
Sec. 807. Combatting international counterfeiting of United States currency.
Sec. 808. Compilation of statistics relating to intimidation of Government employees.
Sec. 809. Assessing and reducing the threat to law enforcement officers from the criminal use of firearms and ammunition.
Sec. 810. Study and report on electronic surveillance.
Subtitle B--Funding Authorizations for Law Enforcement
Sec. 811. Federal Bureau of Investigation.
Sec. 812. United States Customs Service.
Sec. 813. Immigration and Naturalization Service.
Sec. 814. Drug Enforcement Administration.
Sec. 815. Department of Justice.
Sec. 816. Department of the Treasury.
Sec. 817. United States Park Police.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive detection devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism technologies.
Sec. 822. Grants to State and local law enforcement for training and equipment.
Sec. 823. Funding source.
TITLE IX--MISCELLANEOUS
Sec. 901. Expansion of territorial sea.
Sec. 902. Proof of citizenship.
Sec. 903. Representation fees in criminal cases.
TITLE I--HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by adding at the end the following new subsection:
`(d)(1) A 1-year period of limitation shall apply to an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court. The limitation period shall run from the latest of--
`(A) the date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;
`(B) the date on which the impediment to filing an application created by State action in violation of the Constitution or laws of the United States is removed, if the applicant was prevented from filing by such State action;
`(C) the date on which the constitutional right asserted was initially recognized by the Supreme Court, if the right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
`(D) the date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.
`(2) The time during which a properly filed application for State post-conviction or other collateral review with respect to the pertinent judgment or claim is pending shall not be counted toward any period of limitation under this subsection.'.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to read as follows:
`Sec. 2253. Appeal
`(a) In a habeas corpus proceeding or a proceeding under section 2255 before a district judge, the final order shall be subject to review, on appeal, by the court of appeals for the circuit in which the proceeding is held.
`(b) There shall be no right of appeal from a final order in a proceeding to test the validity of a warrant to remove to another district or place for commitment or trial a person charged with a criminal offense against the United States, or to test the validity of such person's detention pending removal proceedings.
`(c)(1) Unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from--
`(A) the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court; or
`(B) the final order in a proceeding under section 2255.
`(2) A certificate of appealability may issue under paragraph (1) only if the applicant has made a substantial showing of the denial of a constitutional right.
`(3) The certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2).'.
SEC. 103. AMENDMENT OF FEDERAL RULES OF APPELLATE PROCEDURE.
Rule 22 of the Federal Rules of Appellate Procedure is amended to read as follows:
`Rule 22. Habeas corpus and section 2255 proceedings
`(a) APPLICATION FOR THE ORIGINAL WRIT- An application for a writ of habeas corpus shall be made to the appropriate district court. If application is made to a circuit judge, the application shall be transferred to the appropriate district court. If an application is made to or transferred to the district court and denied, renewal of the application before a circuit judge shall not be permitted. The applicant may, pursuant to section 2253 of title 28, United States Code, appeal to the appropriate court of appeals from the order of the district court denying the writ.
`(b) CERTIFICATE OF APPEALABILITY- In a habeas corpus proceeding in which the detention complained of arises out of process issued by a State court, an appeal by the applicant for the writ may not proceed unless a district or a circuit judge issues a certificate of appealability pursuant to section 2253(c) of title 28, United States Code. If an appeal is taken by the applicant, the district judge who rendered the judgment shall either issue a certificate of appealability or state the reasons why such a certificate should not issue. The certificate or the statement shall be forwarded to the court of appeals with the notice of appeal and the file of the proceedings in the district court. If the district judge has denied the certificate, the applicant for the writ may then request issuance of the certificate by a circuit judge. If such a request is addressed to the court of appeals, it shall be deemed addressed to the judges thereof and shall be considered by a circuit judge or judges as the court deems appropriate. If no express request for a certificate is filed, the notice of appeal shall be deemed to constitute a request addressed to the judges of the court of appeals. If an appeal is taken by a State or its representative, a certificate of appealability is not required.'.
SEC. 104. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
`(b)(1) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted unless it appears that--
`(A) the applicant has exhausted the remedies available in the courts of the State; or
`(B)(i) there is an absence of available State corrective process; or
`(ii) circumstances exist that render such process ineffective to protect the rights of the applicant.
`(2) An application for a writ of habeas corpus may be denied on the merits, notwithstanding the failure of the applicant to exhaust the remedies available in the courts of the State.
`(3) A State shall not be deemed to have waived the exhaustion requirement or be estopped from reliance upon the requirement unless the State, through counsel, expressly waives the requirement.';
(2) by redesignating subsections (d), (e), and (f) as subsections (e), (f), and (g), respectively;
(3) by inserting after subsection (c) the following new subsection:
`(d) An application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim--
`(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or
`(2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.';
(4) by amending subsection (e), as redesignated by paragraph (2), to read as follows:
`(e)(1) In a proceeding instituted by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination of a factual issue made by a State court shall be presumed to be correct. The applicant shall have the burden of rebutting the presumption of correctness by clear and convincing evidence.
`(2) If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the applicant shows that--
`(A) the claim relies on--
`(i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
`(ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and
`(B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.'; and
(5) by adding at the end the following new subsections:
`(h) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel for an applicant who is or becomes financially unable to afford counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.
`(i) The ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a proceeding arising under section 2254.'.
SEC. 105. SECTION 2255 AMENDMENTS.
Section 2255 of title 28, United States Code, is amended--
(1) by striking the second and fifth undesignated paragraphs; and
(2) by adding at the end the following new undesignated paragraphs:
`A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of--
`(1) the date on which the judgment of conviction becomes final;
`(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
`(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
`(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
`Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.
`A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain--
`(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
`(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.'.
SEC. 106. LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS.
(a) CONFORMING AMENDMENT TO SECTION 2244(a)- Section 2244(a) of title 28, United States Code, is amended by striking `and the petition' and all that follows through `by such inquiry.' and inserting `, except as provided in section 2255.'.
(b) LIMITS ON SECOND OR SUCCESSIVE APPLICATIONS- Section 2244(b) of title 28, United States Code, is amended to read as follows:
`(b)(1) A claim presented in a second or successive habeas corpus application under section 2254 that was presented in a prior application shall be dismissed.
`(2) A claim presented in a second or successive habeas corpus application under section 2254 that was not presented in a prior application shall be dismissed unless--
`(A) the applicant shows that the claim relies on a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or
`(B)(i) the factual predicate for the claim could not have been discovered previously through the exercise of due diligence; and
`(ii) the facts underlying the claim, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense.
`(3)(A) Before a second or successive application permitted by this section is filed in the district court, the applicant shall move in the appropriate court of appeals for an order authorizing the district court to consider the application.
`(B) A motion in the court of appeals for an order authorizing the district court to consider a second or successive application shall be determined by a three-judge panel of the court of appeals.
`(C) The court of appeals may authorize the filing of a second or successive application only if it determines that the application makes a prima facie showing that the application satisfies the requirements of this subsection.
`(D) The court of appeals shall grant or deny the authorization to file a second or successive application not later than 30 days after the filing of the motion.
`(E) The grant or denial of an authorization by a court of appeals to file a second or successive application shall not be appealable and shall not be the subject of a petition for rehearing or for a writ of certiorari.
`(4) A district court shall dismiss any claim presented in a second or successive application that the court of appeals has authorized to be filed unless the applicant shows that the claim satisfies the requirements of this section.'.
SEC. 107. DEATH PENALTY LITIGATION PROCEDURES.
(a) ADDITION OF CHAPTER TO TITLE 28, UNITED STATES CODE- Title 28, United States Code, is amended by inserting after chapter 153 the following new chapter:
`CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL CASES
`2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment.
`2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions.
`2263. Filing of habeas corpus application; time requirements; tolling rules.
`2264. Scope of Federal review; district court adjudications.
`2265. Application to State unitary review procedure.
`2266. Limitation periods for determining applications and motions.
`Sec. 2261. Prisoners in State custody subject to capital sentence; appointment of counsel; requirement of rule of court or statute; procedures for appointment
`(a) This chapter shall apply to cases arising under section 2254 brought by prisoners in State custody who are subject to a capital sentence. It shall apply only if the provisions of subsections (b) and (c) are satisfied.
`(b) This chapter is applicable if a State establishes by statute, rule of its court of last resort, or by another agency authorized by State law, a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State post-conviction proceedings brought by indigent prisoners whose capital convictions and sentences have been upheld on direct appeal to the court of last resort in the State or have otherwise become final for State law purposes. The rule of court or statute must provide standards of competency for the appointment of such counsel.
`(c) Any mechanism for the appointment, compensation, and reimbursement of counsel as provided in subsection (b) must offer counsel to all State prisoners under capital sentence and must provide for the entry of an order by a court of record--
`(1) appointing one or more counsels to represent the prisoner upon a finding that the prisoner is indigent and accepted the offer or is unable competently to decide whether to accept or reject the offer;
`(2) finding, after a hearing if necessary, that the prisoner rejected the offer of counsel and made the decision with an understanding of its legal consequences; or
`(3) denying the appointment of counsel upon a finding that the prisoner is not indigent.
`(d) No counsel appointed pursuant to subsections (b) and (c) to represent a State prisoner under capital sentence shall have previously represented the prisoner at trial or on direct appeal in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.
`(e) The ineffectiveness or incompetence of counsel during State or Federal post-conviction proceedings in a capital case shall not be a ground for relief in a proceeding arising under section 2254. This limitation shall not preclude the appointment of different counsel, on the court's own motion or at the request of the prisoner, at any phase of State or Federal post-conviction proceedings on the basis of the ineffectiveness or incompetence of counsel in such proceedings.
`Sec. 2262. Mandatory stay of execution; duration; limits on stays of execution; successive petitions
`(a) Upon the entry in the appropriate State court of record of an order under section 2261(c), a warrant or order setting an execution date for a State prisoner shall be stayed upon application to any court that would have jurisdiction over any proceedings filed under section 2254. The application shall recite that the State has invoked the post-conviction review procedures of this chapter and that the scheduled execution is subject to stay.
`(b) A stay of execution granted pursuant to subsection (a) shall expire if--
`(1) a State prisoner fails to file a habeas corpus application under section 2254 within the time required in section 2263;
`(2) before a court of competent jurisdiction, in the presence of counsel, unless the prisoner has competently and knowingly waived such counsel, and after having been advised of the consequences, a State prisoner under capital sentence waives the right to pursue habeas corpus review under section 2254; or
`(3) a State prisoner files a habeas corpus petition under section 2254 within the time required by section 2263 and fails to make a substantial showing of the denial of a Federal right or is denied relief in the district court or at any subsequent stage of review.
`(c) If one of the conditions in subsection (b) has occurred, no Federal court thereafter shall have the authority to enter a stay of execution in the case, unless the court of appeals approves the filing of a second or successive application under section 2244(b).
`Sec. 2263. Filing of habeas corpus application; time requirements; tolling rules
`(a) Any application under this chapter for habeas corpus relief under section 2254 must be filed in the appropriate district court not later than 180 days after final State court affirmance of the conviction and sentence on direct review or the expiration of the time for seeking such review.
`(b) The time requirements established by subsection (a) shall be tolled--
`(1) from the date that a petition for certiorari is filed in the Supreme Court until the date of final disposition of the petition if a State prisoner files the petition to secure review by the Supreme Court of the affirmance of a capital sentence on direct review by the court of last resort of the State or other final State court decision on direct review;
`(2) from the date on which the first petition for post-conviction review or other collateral relief is filed until the final State court disposition of such petition; and
`(3) during an additional period not to exceed 30 days, if--
`(A) a motion for an extension of time is filed in the Federal district court that would have jurisdiction over the case upon the filing of a habeas corpus application under section 2254; and
`(B) a showing of good cause is made for the failure to file the habeas corpus application within the time period established by this section.
`Sec. 2264. Scope of Federal review; district court adjudications
`(a) Whenever a State prisoner under capital sentence files a petition for habeas corpus relief to which this chapter applies, the district court shall only consider a claim or claims that have been raised and decided on the merits in the State courts, unless the failure to raise the claim properly is--
`(1) the result of State action in violation of the Constitution or laws of the United States;
`(2) the result of the Supreme Court's recognition of a new Federal right that is made retroactively applicable; or
`(3) based on a factual predicate that could not have been discovered through the exercise of due diligence in time to present the claim for State or Federal post-conviction review.
`(b) Following review subject to subsections (a), (d), and (e) of section 2254, the court shall rule on the claims properly before it.
`Sec. 2265. Application to State unitary review procedure
`(a) For purposes of this section, a `unitary review' procedure means a State procedure that authorizes a person under sentence of death to raise, in the course of direct review of the judgment, such claims as could be raised on collateral attack. This chapter shall apply, as provided in this section, in relation to a State unitary review procedure if the State establishes by rule of its court of last resort or by statute a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in the unitary review proceedings, including expenses relating to the litigation of collateral claims in the proceedings. The rule of court or statute must provide standards of competency for the appointment of such counsel.
`(b) To qualify under this section, a unitary review procedure must include an offer of counsel following trial for the purpose of representation on unitary review, and entry of an order, as provided in section 2261(c), concerning appointment of counsel or waiver or denial of appointment of counsel for that purpose. No counsel appointed to represent the prisoner in the unitary review proceedings shall have previously represented the prisoner at trial in the case for which the appointment is made unless the prisoner and counsel expressly request continued representation.
`(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation to cases involving a sentence of death from any State having a unitary review procedure that qualifies under this section. References to State `post-conviction review' and `direct review' in such sections shall be understood as referring to unitary review under the State procedure. The reference in section 2262(a) to `an order under section 2261(c)' shall be understood as referring to the post-trial order under subsection (b) concerning representation in the unitary review proceedings, but if a transcript of the trial proceedings is unavailable at the time of the filing of such an order in the appropriate State court, then the start of the 180-day limitation period under section 2263 shall be deferred until a transcript is made available to the prisoner or counsel of the prisoner.
`Sec. 2266. Limitation periods for determining applications and motions
`(a) The adjudication of any application under section 2254 that is subject to this chapter, and the adjudication of any motion under section 2255 by a person under sentence of death, shall be given priority by the district court and by the court of appeals over all noncapital matters.
`(b)(1)(A) A district court shall render a final determination and enter a final judgment on any application for a writ of habeas corpus brought under this chapter in a capital case not later than 180 days after the date on which the application is filed.
`(B) A district court shall afford the parties at least 120 days in which to complete all actions, including the preparation of all pleadings and briefs, and if necessary, a hearing, prior to the submission of the case for decision.
`(C)(i) A district court may delay for not more than one additional 30-day period beyond the period specified in subparagraph (A), the rendering of a determination of an application for a writ of habeas corpus if the court issues a written order making a finding, and stating the reasons for the finding, that the ends of justice that would be served by allowing the delay outweigh the best interests of the public and the applicant in a speedy disposition of the application.
`(ii) The factors, among others, that a court shall consider in determining whether a delay in the disposition of an application is warranted are as follows:
`(I) Whether the failure to allow the delay would be likely to result in a miscarriage of justice.
`(II) Whether the case is so unusual or so complex, due to the number of defendants, the nature of the prosecution, or the existence of novel questions of fact or law, that it is unreasonable to expect adequate briefing within the time limitations established by subparagraph (A).
`(III) Whether the failure to allow a delay in a case that, taken as a whole, is not so unusual or so complex as described in subclause (II), but would otherwise deny the applicant reasonable time to obtain counsel, would unreasonably deny the applicant or the government continuity of counsel, or would deny counsel for the applicant or the government the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
`(iii) No delay in disposition shall be permissible because of general congestion of the court's calendar.
`(iv) The court shall transmit a copy of any order issued under clause (i) to the Director of the Administrative Office of the United States Courts for inclusion in the report under paragraph (5).
`(2) The time limitations under paragraph (1) shall apply to--
`(A) an initial application for a writ of habeas corpus;
`(B) any second or successive application for a writ of habeas corpus; and
`(C) any redetermination of an application for a writ of habeas corpus following a remand by the court of appeals or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered.
`(3)(A) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.
`(B) No amendment to an application for a writ of habeas corpus under this chapter shall be permitted after the filing of the answer to the application, except on the grounds specified in section 2244(b).
`(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence.
`(B) The State may enforce a time limitation under this section by petitioning for a writ of mandamus to the court of appeals. The court of appeals shall act on the petition for a writ of mandamus not later than 30 days after the filing of the petition.
`(5)(A) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the district courts with the time limitations under this section.
`(B) The report described in subparagraph (A) shall include copies of the orders submitted by the district courts under paragraph (1)(B)(iv).
`(c)(1)(A) A court of appeals shall hear and render a final determination of any appeal of an order granting or denying, in whole or in part, an application brought under this chapter in a capital case not later than 120 days after the date on which the reply brief is filed, or if no reply brief is filed, not later than 120 days after the date on which the answering brief is filed.
`(B)(i) A court of appeals shall decide whether to grant a petition for rehearing or other request for rehearing en banc not later than 30 days after the date on which the petition for rehearing is filed unless a responsive pleading is required, in which case the court shall decide whether to grant the petition not later than 30 days after the date on which the responsive pleading is filed.
`(ii) If a petition for rehearing or rehearing en banc is granted, the court of appeals shall hear and render a final determination of the appeal not later than 120 days after the date on which the order granting rehearing or rehearing en banc is entered.
`(2) The time limitations under paragraph (1) shall apply to--
`(A) an initial application for a writ of habeas corpus;
`(B) any second or successive application for a writ of habeas corpus; and
`(C) any redetermination of an application for a writ of habeas corpus or related appeal following a remand by the court of appeals en banc or the Supreme Court for further proceedings, in which case the limitation period shall run from the date the remand is ordered.
`(3) The time limitations under this section shall not be construed to entitle an applicant to a stay of execution, to which the applicant would otherwise not be entitled, for the purpose of litigating any application or appeal.
`(4)(A) The failure of a court to meet or comply with a time limitation under this section shall not be a ground for granting relief from a judgment of conviction or sentence.
`(B) The State may enforce a time limitation under this section by applying for a writ of mandamus to the Supreme Court.
`(5) The Administrative Office of the United States Courts shall submit to Congress an annual report on the compliance by the courts of appeals with the time limitations under this section.'.
(b) TECHNICAL AMENDMENT- The part analysis for part IV of title 28, United States Code, is amended by adding after the item relating to chapter 153 the following new item:
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.'.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
SEC. 201. SHORT TITLE.
This subtitle may be cited as the `Mandatory Victims Restitution Act of 1996'.
SEC. 202. ORDER OF RESTITUTION.
Section 3556 of title 18, United States Code, is amended--
(1) by striking `may' and inserting `shall'; and
(2) by striking `sections 3663 and 3664.' and inserting `section 3663A, and may order restitution in accordance with section 3663. The procedures under section 3664 shall apply to all orders of restitution under this section.'.
SEC. 203. CONDITIONS OF PROBATION.
Section 3563 of title 18, United States Code, is amended--
(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
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (22) as paragraphs (2) through (21), respectively; and
(C) by amending paragraph (2), as redesignated, to read as follows:
`(2) make restitution to a victim of the offense under section 3556 (but not subject to the limitation of section 3663(a) or 3663A(c)(1)(A));'.
SEC. 204. MANDATORY RESTITUTION.
(a) IN GENERAL- Chapter 232 of title 18, United States Code, is amended by inserting immediately after section 3663 the following new section:
`Sec. 3663A. Mandatory restitution to victims of certain crimes
`(a)(1) Notwithstanding any other provision of law, when sentencing a defendant convicted of an offense described in subsection (c), the court shall order, in addition to, or in the case of a misdemeanor, in addition to or in lieu of, any other penalty authorized by law, that the defendant make restitution to the victim of the offense or, if the victim is deceased, to the victim's estate.
`(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.
`(3) The court shall also order, if agreed to by the parties in a plea agreement, restitution to persons other than the victim of the offense.
`(b) The order of restitution shall require that such defendant--
`(1) in the case of an offense resulting in damage to or loss or destruction of property of a victim of the offense--
`(A) return the property to the owner of the property or someone designated by the owner; or
`(B) if return of the property under subparagraph (A) is impossible, impracticable, or inadequate, pay an amount equal to--
`(I) the value of the property on the date of the damage, loss, or destruction; or
`(II) the value of the property on the date of sentencing, less
`(ii) the value (as of the date the property is returned) of any part of the property that is returned;
`(2) in the case of an offense resulting in bodily injury to a victim--
`(A) pay an amount equal to the cost of necessary medical and related professional services and devices relating to physical, psychiatric, and psychological care, including nonmedical care and treatment rendered in accordance with a method of healing recognized by the law of the place of treatment;
`(B) pay an amount equal to the cost of necessary physical and occupational therapy and rehabilitation; and
`(C) reimburse the victim for income lost by such victim as a result of such offense;
`(3) in the case of an offense resulting in bodily injury that results in the death of the victim, pay an amount equal to the cost of necessary funeral and related services; and
`(4) in any case, reimburse the victim for lost income and necessary child care, transportation, and other expenses incurred during participation in the investigation or prosecution of the offense or attendance at proceedings related to the offense.
`(c)(1) This section shall apply in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense--
`(i) a crime of violence, as defined in section 16;
`(ii) an offense against property under this title, including any offense committed by fraud or deceit; or
`(iii) an offense described in section 1365 (relating to tampering with consumer products); and
`(B) in which an identifiable victim or victims has suffered a physical injury or pecuniary loss.
`(2) In the case of a plea agreement that does not result in a conviction for an offense described in paragraph (1), this section shall apply only if the plea specifically states that an offense listed under such paragraph gave rise to the plea agreement.
`(3) This section shall not apply in the case of an offense described in paragraph (1)(A)(ii) if the court finds, from facts on the record, that--
`(A) the number of identifiable victims is so large as to make restitution impracticable; or
`(B) determining complex issues of fact related to the cause or amount of the victim's losses would complicate or prolong the sentencing process to a degree that the need to provide restitution to any victim is outweighed by the burden on the sentencing process.
`(d) An order of restitution under this section shall be issued and enforced in accordance with section 3664.'.
(b) CLERICAL AMENDMENT- The analysis for chapter 232 of title 18, United States Code, is amended by inserting immediately after the matter relating to section 3663 the following:
`3663A. Mandatory restitution to victims of certain crimes.'.
SEC. 205. ORDER OF RESTITUTION TO VICTIMS OF OTHER CRIMES.
(a) IN GENERAL- Section 3663 of title 18, United States Code, is amended--
(1) in subsection (a)(1)--
(A) by striking `(a)(1) The court' and inserting `(a)(1)(A) The court';
(B) by inserting `, section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863) (but in no case shall a participant in an offense under such sections be considered a victim of such offense under this section),' before `or section 46312,';
(C) by inserting `other than an offense described in section 3663A(c),' after `title 49,';
(D) by inserting before the period at the end the following: `, or if the victim is deceased, to the victim's estate';
(E) by adding at the end the following new subparagraph:
`(B)(i) The court, in determining whether to order restitution under this section, shall consider--
`(I) the amount of the loss sustained by each victim as a result of the offense; and
`(II) the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate.
`(ii) To the extent that the court determines that the complication and prolongation of the sentencing process resulting from the fashioning of an order of restitution under this section outweighs the need to provide restitution to any victims, the court may decline to make such an order.'; and
(F) by amending paragraph (2) to read as follows:
`(2) For the purposes of this section, the term `victim' means a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered including, in the case of an offense that involves as an element a scheme, conspiracy, or pattern of criminal activity, any person directly harmed by the defendant's criminal conduct in the course of the scheme, conspiracy, or pattern. In the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, may assume the victim's rights under this section, but in no event shall the defendant be named as such representative or guardian.';
(2) by striking subsections (c) through (i); and
(3) by adding at the end the following new subsections:
`(c)(1) Notwithstanding any other provision of law (but subject to the provisions of subsections (a)(1)(B) (i)(II) and (ii), when sentencing a defendant convicted of an offense described in section 401, 408(a), 409, 416, 420, or 422(a) of the Controlled Substances Act (21 U.S.C. 841, 848(a), 849, 856, 861, 863), in which there is no identifiable victim, the court may order that the defendant make restitution in accordance with this subsection.
`(2)(A) An order of restitution under this subsection shall be based on the amount of public harm caused by the offense, as determined by the court in accordance with guidelines promulgated by the United States Sentencing Commission.
`(B) In no case shall the amount of restitution ordered under this subsection exceed the amount of the fine ordered for the offense charged in the case.
`(3) Restitution under this subsection shall be distributed as follows:
`(A) 65 percent of the total amount of restitution shall be paid to the State entity designated to administer crime victim assistance in the State in which the crime occurred.
`(B) 35 percent of the total amount of restitution shall be paid to the State entity designated to receive Federal substance abuse block grant funds.
`(4) The court shall not make an award under this subsection if it appears likely that such award would interfere with a forfeiture under chapter 46 of this title or under the Controlled Substances Act (21 U.S.C. 801 et seq.).
`(5) Notwithstanding section 3612(c) or any other provision of law, a penalty assessment under section 3013 or a fine under subchapter C of chapter 227 shall take precedence over an order of restitution under this subsection.
`(6) Requests for community restitution under this subsection may be considered in all plea agreements negotiated by the United States.
`(7)(A) The United States Sentencing Commission shall promulgate guidelines to assist courts in determining the amount of restitution that may be ordered under this subsection.
`(B) No restitution shall be ordered under this subsection until such time as the Sentencing Commission promulgates guidelines pursuant to this paragraph.
`(d) An order of restitution made pursuant to this section shall be issued and enforced in accordance with section 3664.'.
(b) SEXUAL ABUSE- Section 2248 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting `or 3663A' after `3663';
(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';
(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';
(A) by amending paragraph (1) to read as follows:
`(1) DIRECTIONS- The order of restitution under this section shall direct the defendant to pay the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).';
(B) by amending paragraph (2) to read as follows:
`(2) ENFORCEMENT- An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.';
(C) in paragraph (4), by striking subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new subsection (c):
`(c) VICTIM DEFINED- For purposes of this section, the term `victim' means the individual harmed as a result of a commission of a crime under this chapter, including, in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, the legal guardian of the victim or representative of the victim's estate, another family member, or any other person appointed as suitable by the court, but in no event shall the defendant be named as such representative or guardian.'.
(e) TELEMARKETING FRAUD- Section 2327 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting `or 3663A' after `3663';
(A) by amending paragraph (1) to read as follows:
`(1) DIRECTIONS- The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim's losses as determined by the court pursuant to paragraph (2).';
(B) by amending paragraph (2) to read as follows:
`(2) ENFORCEMENT- An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.';
(C) in paragraph (4), by striking subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.
(a) IN GENERAL- Section 3664 of title 18, United States Code, is amended to read as follows:
`Sec. 3664. Procedure for issuance and enforcement of order of restitution
`(a) For orders of restitution under this title, the court shall order the probation officer to obtain and include in its presentence report, or in a separate report, as the court may direct, information sufficient for the court to exercise its discretion in fashioning a restitution order. The report shall include, to the extent practicable, a complete accounting of the losses to each victim, any restitution owed pursuant to a plea agreement, and information relating to the economic circumstances of each defendant. If the number or identity of victims cannot be reasonably ascertained, or other circumstances exist that make this requirement clearly impracticable, the probation officer shall so inform the court.
`(b) The court shall disclose to both the defendant and the attorney for the Government all portions of the presentence or other report pertaining to the matters described in subsection (a) of this section.
`(c) The provisions of this chapter, chapter 227, and Rule 32(c) of the Federal Rules of Criminal Procedure shall be the only rules applicable to proceedings under this section.
`(d)(1) Upon the request of the probation officer, but not later than 60 days prior to the date initially set for sentencing, the attorney for the Government, after consulting, to the extent practicable, with all identified victims, shall promptly provide the probation officer with a listing of the amounts subject to restitution.
`(2) The probation officer shall, prior to submitting the presentence report under subsection (a), to the extent practicable--
`(A) provide notice to all identified victims of--
`(i) the offense or offenses of which the defendant was convicted;
`(ii) the amounts subject to restitution submitted to the probation officer;
`(iii) the opportunity of the victim to submit information to the probation officer concerning the amount of the victim's losses;
`(iv) the scheduled date, time, and place of the sentencing hearing;
`(v) the availability of a lien in favor of the victim pursuant to subsection (m)(1)(B); and
`(vi) the opportunity of the victim to file with the probation officer a separate affidavit relating to the amount of the victim's losses subject to restitution; and
`(B) provide the victim with an affidavit form to submit pursuant to subparagraph (A)(vi).
`(3) Each defendant shall prepare and file with the probation officer an affidavit fully describing the financial resources of the defendant, including a complete listing of all assets owned or controlled by the defendant as of the date on which the defendant was arrested, the financial needs and earning ability of the defendant and the defendant's dependents, and such other information that the court requires relating to such other factors as the court deems appropriate.
`(4) After reviewing the report of the probation officer, the court may require additional documentation or hear testimony. The privacy of any records filed, or testimony heard, pursuant to this section shall be
maintained to the greatest extent possible, and such records may be filed or testimony heard in camera.
`(5) If the victim's losses are not ascertainable by the date that is 10 days prior to sentencing, the attorney for the Government or the probation officer shall so inform the court, and the court shall set a date for the final determination of the victim's losses, not to exceed 90 days after sentencing. If the victim subsequently discovers further losses, the victim shall have 60 days after discovery of those losses in which to petition the court for an amended restitution order. Such order may be granted only upon a showing of good cause for the failure to include such losses in the initial claim for restitutionary relief.
`(6) The court may refer any issue arising in connection with a proposed order of restitution to a magistrate judge or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.
`(e) Any dispute as to the proper amount or type of restitution shall be resolved by the court by the preponderance of the evidence. The burden of demonstrating the amount of the loss sustained by a victim as a result of the offense shall be on the attorney for the Government. The burden of demonstrating the financial resources of the defendant and the financial needs of the defendant's dependents, shall be on the defendant. The burden of demonstrating such other matters as the court deems appropriate shall be upon the party designated by the court as justice requires.
`(f)(1)(A) In each order of restitution, the court shall order restitution to each victim in the full amount of each victim's losses as determined by the court and without consideration of the economic circumstances of the defendant.
`(B) In no case shall the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source be considered in determining the amount of restitution.
`(2) Upon determination of the amount of restitution owed to each victim, the court shall, pursuant to section 3572, specify in the restitution order the manner in which, and the schedule according to which, the restitution is to be paid, in consideration of--
`(A) the financial resources and other assets of the defendant, including whether any of these assets are jointly controlled;
`(B) projected earnings and other income of the defendant; and
`(C) any financial obligations of the defendant; including obligations to dependents.
`(3)(A) A restitution order may direct the defendant to make a single, lump-sum payment, partial payments at specified intervals, in-kind payments, or a combination of payments at specified intervals and in-kind payments.
`(B) A restitution order may direct the defendant to make nominal periodic payments if the court finds from facts on the record that the economic circumstances of the defendant do not allow the payment of any amount of a restitution order, and do not allow for the payment of the full amount of a restitution order in the foreseeable future under any reasonable schedule of payments.
`(4) An in-kind payment described in paragraph (3) may be in the form of--
`(B) replacement of property; or
`(C) if the victim agrees, services rendered to the victim or a person or organization other than the victim.
`(g)(1) No victim shall be required to participate in any phase of a restitution order.
`(2) A victim may at any time assign the victim's interest in restitution payments to the Crime Victims Fund in the Treasury without in any way impairing the obligation of the defendant to make such payments.
`(h) If the court finds that more than 1 defendant has contributed to the loss of a victim, the court may make each defendant liable for payment of the full amount of restitution or may apportion liability among the defendants to reflect the level of contribution to the victim's loss and economic circumstances of each defendant.
`(i) If the court finds that more than 1 victim has sustained a loss requiring restitution by a defendant, the court may provide for a different payment schedule for each victim based on the type and amount of each victim's loss and accounting for the economic circumstances of each victim. In any case in which the United States is a victim, the court shall ensure that all other victims receive full restitution before the United States receives any restitution.
`(j)(1) If a victim has received compensation from insurance or any other source with respect to a loss, the court shall order that restitution be paid to the person who provided or is obligated to provide the compensation, but the restitution order shall provide that all restitution of victims required by the order be paid to the victims before any restitution is paid to such a provider of compensation.
`(2) Any amount paid to a victim under an order of restitution shall be reduced by any amount later recovered as compensatory damages for the same loss by the victim in--
`(A) any Federal civil proceeding; and
`(B) any State civil proceeding, to the extent provided by the law of the State.
`(k) A restitution order shall provide that the defendant shall notify the court and the Attorney General of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay restitution. The court may also accept notification of a material change in the defendant's economic circumstances from the United States or from the victim. The Attorney General shall certify to the court that the victim or victims owed restitution by the defendant have been notified of the change in circumstances. Upon receipt of the notification, the court may, on its own motion, or the motion of any party, including the victim, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.
`(l) A conviction of a defendant for an offense involving the act giving rise to an order of restitution shall estop the defendant from denying the essential allegations of that offense in any subsequent Federal civil proceeding or State civil proceeding, to the extent consistent with State law, brought by the victim.
`(m)(1)(A)(i) An order of restitution may be enforced by the United States in the manner provided for in subchapter C of chapter 227 and subchapter B of chapter 229 of this title; or
`(ii) by all other available and reasonable means.
`(B) At the request of a victim named in a restitution order, the clerk of the court shall issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the restitution order. Upon registering, recording, docketing, or indexing such abstract in accordance with the rules and requirements relating to judgments of the court of the State where the district court is located, the abstract of judgment shall be a lien on the property of the defendant located in such State in the same manner and to the same extent and under the same conditions as a judgment of a court of general jurisdiction in that State.
`(2) An order of in-kind restitution in the form of services shall be enforced by the probation officer.
`(n) If a person obligated to provide restitution, or pay a fine, receives substantial resources from any source, including inheritance, settlement, or other judgment, during a period of incarceration, such person shall be required to apply the value of such resources to any restitution or fine still owed.
`(o) A sentence that imposes an order of restitution is a final judgment notwithstanding the fact that--
`(1) such a sentence can subsequently be--
`(A) corrected under Rule 35 of the Federal Rules of Criminal Procedure and section 3742 of chapter 235 of this title;
`(B) appealed and modified under section 3742;
`(C) amended under section 3664(d)(3); or
`(D) adjusted under section 3664(k), 3572, or 3613A; or
`(2) the defendant may be resentenced under section 3565 or 3614.
`(p) Nothing in this section or sections 2248, 2259, 2264, 2327, 3663, and 3663A and arising out of the application of such sections, shall be construed to create a cause of action not otherwise authorized in favor of any person against the United States or any officer or employee of the United States.'.
(b) TECHNICAL AMENDMENT- The item relating to section 3664 in the analysis for chapter 232 of title 18, United States Code, is amended to read as follows:
`3664. Procedure for issuance and enforcement of order of restitution.'.
SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.
(a) AMENDMENT OF FEDERAL RULES OF CRIMINAL PROCEDURE- Rule 32(b) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the following: `Notwithstanding the preceding sentence, a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, as the court may direct, shall be required in any case in which restitution is required to be ordered.'; and
(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,';
(A) in the first sentence, by striking `A person sentenced to pay a fine or other monetary penalty' and inserting `(1) A person sentenced to pay a fine or other monetary penalty, including restitution,';
(B) by striking the third sentence; and
(C) by adding at the end the following:
`(2) If the judgment, or, in the case of a restitution order, the order, permits other than immediate payment, the length of time over which scheduled payments will be made shall be set by the court, but shall be the shortest time in which full payment can reasonably be made.
`(3) A judgment for a fine which permits payments in installments shall include a requirement that the defendant will notify the court of any material change in the defendant's economic circumstances that might affect the defendant's ability to pay the fine. Upon receipt of such notice the court may, on its own motion or the motion of any party, adjust the payment schedule, or require immediate payment in full, as the interests of justice require.';
(3) in subsection (f), by inserting `restitution' after `special assessment,';
(4) in subsection (h), by inserting `or payment of restitution' after `A fine'; and
(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';
(B) by striking `or assessment shall pay the fine or assessment' and inserting `, assessment, or restitution, shall pay the fine, assessment, or restitution'.
(2) COLLECTION- Section 3612 of title 18, United States Code, is amended--
(A) by amending the heading to read as follows:
`Sec. 3612. Collection of unpaid fine or restitution';
(B) in subsection (b)(1)--
(i) in the matter preceding subparagraph (A), by inserting `or restitution order' after `fine';
(ii) in subparagraph (C), by inserting `or restitution order' after `fine';
(iii) in subparagraph (E), by striking `and';
(iv) in subparagraph (F)--
(I) by inserting `or restitution order' after `fine'; and
(II) by striking the period at the end and inserting `; and'; and
(v) by adding at the end the following new subparagraph:
`(G) in the case of a restitution order, information sufficient to identify each victim to whom restitution is owed. It shall be the responsibility of each victim to notify the Attorney General, or the appropriate entity of the court, by means of a form to be provided by the Attorney General or the court, of any change in the victim's mailing address while restitution is still owed the victim. The confidentiality of any information relating to a victim shall be maintained.';
(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.';
(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';
(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';
(i) in the heading, by inserting `and restitution' after `on fines'; and
(ii) in paragraph (1), by inserting `or restitution' after `any fine';
(G) in subsection (g), by inserting `or restitution' after `fine' each place it appears; and
(H) in subsection (i), by inserting `and restitution' after `fines'.
(3) CIVIL REMEDIES- Section 3613 of title 18, United States Code, is amended to read as follows:
`Sec. 3613. Civil remedies for satisfaction of an unpaid fine
`(a) ENFORCEMENT- The United States may enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal law or State law. Notwithstanding any other Federal law (including section 207 of the Social Security Act), a judgment imposing a fine may be enforced against all property or rights to property of the person fined, except that--
`(1) property exempt from levy for taxes pursuant to section 6334(a) (1), (2), (3), (4), (5), (6), (7), (8), (10), and (12) of the Internal Revenue Code of 1986 shall be exempt from enforcement of the judgment under Federal law;
`(2) section 3014 of chapter 176 of title 28 shall not apply to enforcement under Federal law; and
`(3) the provisions of section 303 of the Consumer Credit Protection Act (15 U.S.C. 1673) shall apply to enforcement of the judgment under Federal law or State law.
`(b) TERMINATION OF LIABILITY- The liability to pay a fine shall terminate the later of 20 years from the entry of judgment or 20 years after the release from imprisonment of the person fined, or upon the death of the individual fined.
`(c) LIEN- A fine imposed pursuant to the provisions of subchapter C of chapter 227 of this title, or an order of restitution made pursuant to sections 2248, 2259, 2264, 2327, 3663, 3663A, or 3664 of this title, is a lien in favor of the United States on all property and rights to property of the person fined as if the liability of the person fined were a liability for a tax assessed under the Internal Revenue Code of 1986. The lien arises on the entry of judgment and continues for 20 years or until the liability is satisfied, remitted, set aside, or is terminated under subsection (b).
`(d) EFFECT OF FILING NOTICE OF LIEN- Upon filing of a notice of lien in the manner in which a notice of tax lien would be filed under section 6323(f) (1) and (2) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lienor or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of section 6323 of the Internal Revenue Code of 1986 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of chapter 176 of title 28 shall apply to liens filed as prescribed by this section.
`(e) DISCHARGE OF DEBT INAPPLICABLE- No discharge of debts in a proceeding pursuant to any chapter of title 11, United States Code, shall discharge liability to pay a fine pursuant to this section, and a lien filed as prescribed by this section shall not be voided in a bankruptcy proceeding.
`(f) APPLICABILITY TO ORDER OF RESTITUTION- In accordance with section 3664(m)(1)(A) of this title, all provisions of this section are available to the United States for the enforcement of an order of restitution.'.
(4) DEFAULT- Chapter 229 of title 18, United States Code, is amended by inserting after section 3613 the following new section:
`Sec. 3613A. Effect of default
`(a)(1) Upon a finding that the defendant is in default on a payment of a fine or restitution, the court may, pursuant to section 3565, revoke probation or a term of supervised release, modify the terms or conditions of probation or a term of supervised release, resentence a defendant pursuant to section 3614, hold the defendant in contempt of court, enter a restraining order or injunction, order the sale of property of the defendant, accept a performance bond, enter or adjust a payment schedule, or take any other action necessary to obtain compliance with the order of a fine or restitution.
`(2) In determining what action to take, the court shall consider the defendant's employment status, earning ability, financial resources, the willfulness in failing to comply with the fine or restitution order, and any other circumstances that may have a bearing on the defendant's ability or failure to comply with the order of a fine or restitution.
`(b)(1) Any hearing held pursuant to this section may be conducted by a magistrate judge, subject to de novo review by the court.
`(2) To the extent practicable, in a hearing held pursuant to this section involving a defendant who is confined in any jail, prison, or other correctional facility, proceedings in which the prisoner's participation is required or permitted shall be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility in which the prisoner is confined.'.
(5) RESENTENCING- Section 3614 of title 18, United States Code, is amended--
(A) in the heading, by inserting `or restitution' after `fine';
(B) in subsection (a), by inserting `or restitution' after `fine'; and
(C) by adding at the end the following new subsection:
`(c) EFFECT OF INDIGENCY- In no event shall a defendant be incarcerated under this section solely on the basis of inability to make payments because the defendant is indigent.'.
(d) CLERICAL AMENDMENT- The table of sections at the beginning of subchapter B of chapter 229 of title 18, United States Code, is amended to read as follows:
`Sec.
`3611. Payment of a fine or restitution.
`3612. Collection of an unpaid fine or restitution.
`3613. Civil remedies for satisfaction of an unpaid fine.
`3613A. Effect of default.
`3614. Resentencing upon failure to pay a fine or restitution.
`3615. Criminal default.'.
SEC. 208. INSTRUCTION TO SENTENCING COMMISSION.
Pursuant to section 994 of title 28, United States Code, the United States Sentencing Commission shall promulgate guidelines or amend existing guidelines to reflect this subtitle and the amendments made by this subtitle.
SEC. 209. JUSTICE DEPARTMENT REGULATIONS.
Not later than 90 days after the date of enactment of this subtitle, the Attorney General shall promulgate guidelines, or amend existing guidelines, to carry out this subtitle and the amendments made by this subtitle and to ensure that--
(1) in all plea agreements negotiated by the United States, consideration is given to requesting that the defendant provide full restitution to all victims of all charges contained in the indictment or information, without regard to the counts to which the defendant actually pleaded; and
(2) orders of restitution made pursuant to the amendments made by this subtitle are enforced to the fullest extent of the law.
SEC. 210. SPECIAL ASSESSMENTS ON CONVICTED PERSONS.
Section 3013(a)(2) of title 18, United States Code, is amended--
(1) in subparagraph (A), by striking `$50' and inserting `not less than $100'; and
(2) in subparagraph (B), by striking `$200' and inserting `not less than $400'.
SEC. 211. EFFECTIVE DATE.
The amendments made by this subtitle shall, to the extent constitutionally permissible, be effective for sentencing proceedings in cases in which the defendant is convicted on or after the date of enactment of this Act.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
SEC. 221. JURISDICTION FOR LAWSUITS AGAINST TERRORIST STATES.
(a) EXCEPTION TO FOREIGN SOVEREIGN IMMUNITY FOR CERTAIN CASES- Section 1605 of title 28, United States Code, is amended--
(A) by striking `or' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and inserting `; or'; and
(C) by adding at the end the following new paragraph:
`(7) not otherwise covered by paragraph (2), in which money damages are sought against a foreign state for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources (as defined in section 2339A of title 18) for such an act if such act or provision of material support is engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency, except that the court shall decline to hear a claim under this paragraph--
`(A) if the foreign state was not designated as a state sponsor of terrorism under section 6(j) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)) or section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371) at the time the act occurred, unless later so designated as a result of such act; and
`(B) even if the foreign state is or was so designated, if--
`(i) the act occurred in the foreign state against which the claim has been brought and the claimant has not afforded the foreign state a reasonable opportunity to arbitrate the claim in accordance with accepted international rules of arbitration; or
`(ii) the claimant or victim was not a national of the United States (as that term is defined in section 101(a)(22) of the Immigration and Nationality Act) when the act upon which the claim is based occurred.'; and
(2) by adding at the end the following:
`(e) For purposes of paragraph (7) of subsection (a)--
`(1) the terms `torture' and `extrajudicial killing' have the meaning given those terms in section 3 of the Torture Victim Protection Act of 1991;
`(2) the term `hostage taking' has the meaning given that term in Article 1 of the International Convention Against the Taking of Hostages; and
`(3) the term `aircraft sabotage' has the meaning given that term in Article 1 of the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.
`(f) No action shall be maintained under subsection (a)(7) unless the action is commenced not later than 10 years after the date on which the cause of action arose. All principles of equitable tolling, including the period during which the foreign state was immune from suit, shall apply in calculating this limitation period.
`(g) LIMITATION ON DISCOVERY-
`(1) IN GENERAL- (A) Subject to paragraph (2), if an action is filed that would otherwise be barred by section 1604, but for subsection (a)(7), the court, upon request of the Attorney General, shall stay any request, demand, or order for discovery on the United States that the Attorney General certifies would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, until such time as the Attorney General advises the court that such request, demand, or order will no longer so interfere.
`(B) A stay under this paragraph shall be in effect during the 12-month period beginning on the date on which the court issues the order to stay discovery. The court shall renew the order to stay discovery for additional 12-month periods upon motion by the United States if the Attorney General certifies that discovery would significantly interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action.
`(2) SUNSET- (A) Subject to subparagraph (B), no stay shall be granted or continued in effect under paragraph (1) after the date that is 10 years after the date on which the incident that gave rise to the cause of action occurred.
`(B) After the period referred to in subparagraph (A), the court, upon request of the Attorney General, may stay any request, demand, or order for discovery on the United States that the court finds a substantial likelihood would--
`(i) create a serious threat of death or serious bodily injury to any person;
`(ii) adversely affect the ability of the United States to work in cooperation with foreign and international law enforcement agencies in investigating violations of United States law; or
`(iii) obstruct the criminal case related to the incident that gave rise to the cause of action or undermine the potential for a conviction in such case.
`(3) EVALUATION OF EVIDENCE- The court's evaluation of any request for a stay under this subsection filed by the Attorney General shall be conducted ex parte and in camera.
`(4) BAR ON MOTIONS TO DISMISS- A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure.
`(5) CONSTRUCTION- Nothing in this subsection shall prevent the United States from seeking protective orders or asserting privileges ordinarily available to the United States.'.
(b) EXCEPTION TO IMMUNITY FROM ATTACHMENT-
(1) FOREIGN STATE- Section 1610(a) of title 28, United States Code, is amended--
(A) by striking the period at the end of paragraph (6) and inserting `, or'; and
(B) by adding at the end the following new paragraph:
`(7) the judgment relates to a claim for which the foreign state is not immune under section 1605(a)(7), regardless of whether the property is or was involved with the act upon which the claim is based.'.
(2) AGENCY OR INSTRUMENTALITY- Section 1610(b)(2) of title 28, United States Code, is amended--
(A) by striking `or (5)' and inserting `(5), or (7)'; and
(B) by striking `used for the activity' and inserting `involved in the act'.
(c) APPLICABILITY- The amendments made by this subtitle shall apply to any cause of action arising before, on, or after the date of the enactment of this Act.
Subtitle C--Assistance to Victims of Terrorism
SEC. 231. SHORT TITLE.
This subtitle may be cited as the `Justice for Victims of Terrorism Act of 1996'.
SEC. 232. VICTIMS OF TERRORISM ACT.
(a) AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION TO VICTIMS OF TERRORISM- The Victims of Crime Act of 1984 (42 U.S.C. 10601 et seq.) is amended by inserting after section 1404A the following new section:
`SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR MASS VIOLENCE.
`(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE UNITED STATES- The Director may make supplemental grants as provided in section 1404(a) to States to provide compensation and assistance to the residents of such States who, while outside of the territorial boundaries of the United States, are victims of a terrorist act or mass violence and are not persons eligible for compensation under title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986.
`(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES- The Director may make supplemental grants as provided in section 1404(d)(4)(B) to States for eligible crime victim compensation and assistance programs to provide emergency relief, including crisis response efforts, assistance, training, and technical assistance, for the benefit of victims of terrorist acts or mass violence occurring within the United States and may provide funding to United States Attorney's Offices for use in coordination with State victim compensation and assistance efforts in providing emergency relief.'.
(b) FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM, MASS VIOLENCE, AND CRIME- Section 1402(d)(4) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to read as follows:
`(4)(A) If the sums available in the Fund are sufficient to fully provide grants to the States pursuant to section 1403(a)(1), the Director may retain any portion of the Fund that was deposited during a fiscal year that was in excess of 110 percent of the total amount deposited in the Fund during the preceding fiscal year as an emergency reserve. Such reserve shall not exceed $50,000,000.
`(B) The emergency reserve referred to in subparagraph (A) may be used for supplemental grants under section 1404B and to supplement the funds available to provide grants to States for compensation and assistance in accordance with sections 1403 and 1404 in years in which supplemental grants are needed.'.
(c) CRIME VICTIMS FUND AMENDMENTS-
(1) UNOBLIGATED FUNDS- Section 1402 of the Victims of Crime Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking `subsection' and inserting `chapter'; and
(B) by amending subsection (e) to read as follows:
`(e) AMOUNTS AWARDED AND UNSPENT- Any amount awarded as part of a grant under this chapter that remains unspent at the end of a fiscal year in which the grant is made may be expended for the purpose for which the grant is made at any time during the 2 succeeding fiscal years, at the end of which period, any remaining unobligated sums in excess of $500,000 shall be returned to the Treasury. Any remaining unobligated sums in an amount less than $500,000 shall be returned to the Fund.'.
(2) BASE AMOUNT- Section 1404(a)(5) of the Victims of Crime Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as follows:
`(5) As used in this subsection, the term `base amount' means--
`(A) except as provided in subparagraph (B), $500,000; and
`(B) for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the Republic of Palau's share governed by the Compact of Free Association between the United States and the Republic of Palau.'.
SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.
(a) REQUIRING COMPENSATION FOR TERRORIST CRIMES- Section 1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(d)(3)) is amended--
(1) by inserting `crimes involving terrorism,' before `driving while intoxicated'; and
(2) by inserting a comma after `driving while intoxicated'.
(b) FOREIGN TERRORISM- Section 1403(b)(6)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by inserting `are outside of the United States (if the compensable crime is terrorism, as defined in section 2331 of title 18, United States Code), or' before `are States not having'.
(c) DESIGNATION OF CARTNEY MCRAVEN CHILD DEVELOPMENT CENTER-
(A) IN GENERAL- The Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, South Dakota, shall be known as the `Cartney McRaven Child Development Center'.
(B) REPLACEMENT BUILDING- If, after the date of enactment of this Act, a new Federal building is built at the location described in subparagraph (A) to replace the building described in the paragraph, the new Federal building shall be known as the `Cartney McRaven Child Development Center'.
(2) REFERENCES- Any reference in a law, map, regulation, document, paper, or other record of the United States to a Federal building referred to in paragraph (1) shall be deemed to be a reference to the `Cartney McRaven Child Development Center'.
(d) EFFECTIVE DATE- This section and the amendments made by this section shall take effect 1 year after the date of enactment of this Act.
SEC. 234. CRIME VICTIMS FUND.
(a) PROHIBITION OF PAYMENTS TO DELINQUENT CRIMINAL DEBTORS BY STATE CRIME VICTIM COMPENSATION PROGRAMS-
(1) IN GENERAL- Section 1403(b) of the Victims of Crime Act of 1984 (42 U.S.C. 10602(b)) is amended--
(A) by striking `and' at the end of paragraph (7);
(B) by redesignating paragraph (8) as paragraph (9); and
(C) by inserting after paragraph (7) the following new paragraph:
`(8) such program does not provide compensation to any person who has been convicted of an offense under Federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense; and'.
(2) APPLICATION OF AMENDMENT- Section 1403(b)(8) of the Victims of Crime Act of 1984, as added by paragraph (1) of this section, shall not be applied to deny victims compensation to any person until the date on which the Attorney General, in consultation with the Director of the Administrative Office of the United States Courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer Federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law.
(b) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS TESTS- Section 1403 of the Victims of Crime Act of 1984 (42 U.S.C. 10602) is amended by inserting after subsection (b) the following new subsection:
`(c) EXCLUSION FROM INCOME FOR PURPOSES OF MEANS TESTS- Notwithstanding any other law, for the purpose of any maximum allowed income eligibility requirement in any Federal, State, or local government program using Federal funds that provides medical or other assistance (or payment or reimbursement of the cost of such assistance) that becomes necessary to an applicant for such assistance in full or in part because of the commission of a crime against the applicant, as determined by the Director, any amount of crime victim compensation that the applicant receives through a crime victim compensation program under this section shall not be included in the income of the applicant until the total amount of assistance that the applicant receives from all such programs is sufficient to fully compensate the applicant for losses suffered as a result of the crime.'.
SEC. 235. CLOSED CIRCUIT TELEVISED COURT PROCEEDINGS FOR VICTIMS OF CRIME.
(a) IN GENERAL- Notwithstanding any provision of the Federal Rules of Criminal Procedure to the contrary, in order to permit victims of crime to watch criminal trial proceedings in cases where the venue of the trial is changed--
(1) out of the State in which the case was initially brought; and
(2) more than 350 miles from the location in which those proceedings originally would have taken place;
the trial court shall order closed circuit televising of the proceedings to that location, for viewing by such persons the court determines have a compelling interest in doing so and are otherwise unable to do so by reason of the inconvenience and expense caused by the change of venue.
(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.
(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).
(1) Nothing in this section shall be construed--
(i) to create in favor of any person a cause of action against the United States or any officer or employees thereof, or
(ii) to provide any person with a defense in any action in which application of this section is made.
(f) DEFINITION- As used in this section, the term `State' means any State, the District of Columbia, or any possession or territory of the United States.
(g) RULES- The Judicial Conference of the United States, pursuant to its rule making authority under section 331 of title 28, United States Code, may promulgate and issue rules, or amend existing rules, to effectuate the policy addressed by this section. Upon the implementation of such rules, this section shall cease to be effective.
(h) EFFECTIVE DATE- This section shall only apply to cases filed after January 1, 1995.
SEC. 236. TECHNICAL CORRECTION.
Section 1402(d)(3)(B) of the Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(3)(B)) is amended by striking `1404A' and inserting `1404(a)'.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist Fundraising
SEC. 301. FINDINGS AND PURPOSE.
(a) FINDINGS- The Congress finds that--
(1) international terrorism is a serious and deadly problem that threatens the vital interests of the United States;
(2) the Constitution confers upon Congress the power to punish crimes against the law of nations and to carry out the treaty obligations of the United States, and therefore Congress may by law impose penalties relating to the provision of material support to foreign organizations engaged in terrorist activity;
(3) the power of the United States over immigration and naturalization permits the exclusion from the United States of persons belonging to international terrorist organizations;
(4) international terrorism affects the interstate and foreign commerce of the United States by harming international trade and market stability, and limiting international travel by United States citizens as well as foreign visitors to the United States;
(5) international cooperation is required for an effective response to terrorism, as demonstrated by the numerous multilateral conventions in force providing universal prosecutive jurisdiction over persons involved in a variety of terrorist acts, including hostage taking, murder of an internationally protected person, and aircraft piracy and sabotage;
(6) some foreign terrorist organizations, acting through affiliated groups or individuals, raise significant funds within the United States, or use the United States as a conduit for the receipt of funds raised in other nations; and
(7) foreign organizations that engage in terrorist activity are so tainted by their criminal conduct that any contribution to such an organization facilitates that conduct.
(b) PURPOSE- The purpose of this subtitle is to provide the Federal Government the fullest possible basis, consistent with the Constitution, to prevent persons within the United States, or subject to the jurisdiction of the United States, from providing material support or resources to foreign organizations that engage in terrorist activities.
SEC. 302. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
(a) IN GENERAL- Chapter 2 of title II of the Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by adding at the end the following:
`SEC. 219. DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS.
`(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.
`(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.
`(A) IN GENERAL- In making a designation under this subsection, the Secretary shall create an administrative record.
`(B) CLASSIFIED INFORMATION- The Secretary may consider classified information in making a designation under this subsection. Classified information shall not be subject to disclosure for such time as it remains classified, except that such information may be disclosed to a court ex parte and in camera for purposes of judicial review under subsection (c).
`(4) PERIOD OF DESIGNATION-
`(A) IN GENERAL- Subject to paragraphs (5) and (6), a designation under this subsection shall be effective for all purposes for a period of 2 years beginning on the effective date of the designation under paragraph (2)(B).
`(B) REDESIGNATION- The Secretary may redesignate a foreign organization as a foreign terrorist organization for an additional 2-year period at the end of the 2-year period referred to in subparagraph (A) (but not sooner than 60 days prior to the termination of such period) upon a finding that the relevant circumstances described in paragraph (1) still exist. The procedural requirements of paragraphs (2) and (3) shall apply to a redesignation under this subparagraph.
`(5) REVOCATION BY ACT OF CONGRESS- The Congress, by an Act of Congress, may block or revoke a designation made under paragraph (1).
`(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES-
`(A) IN GENERAL- The Secretary may revoke a designation made under paragraph (1) if the Secretary finds that--
`(i) the circumstances that were the basis for the designation have changed in such a manner as to warrant revocation of the designation; or
`(ii) the national security of the United States warrants a revocation of the designation.
`(B) PROCEDURE- The procedural requirements of paragraphs (2) through (4) shall apply to a revocation under this paragraph.
`(7) EFFECT OF REVOCATION- The revocation of a designation under paragraph (5) or (6) shall not affect any action or proceeding based on conduct committed prior to the effective date of such revocation.
`(8) USE OF DESIGNATION IN TRIAL OR HEARING- If a designation under this subsection has become effective under paragraph (1)(B), a defendant in a criminal action shall not be permitted to raise any question concerning the validity of the issuance of such designation as a defense or an objection at any trial or hearing.
`(b) JUDICIAL REVIEW OF DESIGNATION-
`(1) IN GENERAL- Not later than 30 days after publication of the designation in the Federal Register, an organization designated as a foreign terrorist organization may seek judicial review of the designation in the United States Court of Appeals for the District of Columbia Circuit.
`(2) BASIS OF REVIEW- Review under this subsection shall be based solely upon the administrative record, except that the Government may submit, for ex parte and in camera review, classified information used in making the designation.
`(3) SCOPE OF REVIEW- The Court shall hold unlawful and set aside a designation the court finds to be--
`(A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
`(B) contrary to constitutional right, power, privilege, or immunity; or
`(C) in excess of statutory jurisdiction, authority, or limitation, or short of statutory right.
`(4) JUDICIAL REVIEW INVOKED- The pendency of an action for judicial review of a designation shall not affect the application of this section, unless the court issues a final order setting aside the designation.
`(c) DEFINITIONS- As used in this section--
`(1) the term `classified information' has the meaning given that term in section 1(a) of the Classified Information Procedures Act (18 U.S.C. App.);
`(2) the term `national security' means the national defense, foreign relations, or economic interests of the United States;
`(3) the term `relevant committees' means the Committees on the Judiciary, Intelligence, and Foreign Relations of the Senate and the Committees on the Judiciary, Intelligence, and International Relations of the House of Representatives; and
`(4) the term `Secretary' means the Secretary of State, in consultation with the Secretary of the Treasury and the Attorney General.'.
(b) CLERICAL AMENDMENT- The table of contents for the Immigration and Nationality Act, relating to terrorism, is amended by inserting after the item relating to section 218 the following new item:
`Sec. 219. Designation of foreign terrorist organizations.'.
SEC. 303. PROHIBITION ON TERRORIST FUNDRAISING.
(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by adding at the end the following new section:
`Sec. 2339B. Providing material support or resources to designated foreign terrorist organizations
`(a) PROHIBITED ACTIVITIES-
`(1) UNLAWFUL CONDUCT- Whoever, within the United States or subject to the jurisdiction of the United States, knowingly provides material support or resources to a foreign terrorist organization, or attempts or conspires to do so, shall be fined under this title or imprisoned not more than 10 years, or both.
`(2) FINANCIAL INSTITUTIONS- Except as authorized by the Secretary, any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization, or its agent, has an interest, shall--
`(A) retain possession of, or maintain control over, such funds; and
`(B) report to the Secretary the existence of such funds in accordance with regulations issued by the Secretary.
`(b) CIVIL PENALTY- Any financial institution that knowingly fails to comply with subsection (a)(2) shall be subject to a civil penalty in an amount that is the greater of--
`(A) $50,000 per violation; or
`(B) twice the amount of which the financial institution was required under subsection (a)(2) to retain possession or control.
`(c) INJUNCTION- Whenever it appears to the Secretary or the Attorney General that any person is engaged in, or is about to engage in, any act that constitutes, or would constitute, a violation of this section, the Attorney General may initiate civil action in a district court of the United States to enjoin such violation.
`(d) EXTRATERRITORIAL JURISDICTION- There is extraterritorial Federal jurisdiction over an offense under this section.
`(1) IN GENERAL- The Attorney General shall conduct any investigation of a possible violation of this section, or of any license, order, or regulation issued pursuant to this section.
`(2) COORDINATION WITH THE DEPARTMENT OF THE TREASURY- The Attorney General shall work in coordination with the Secretary in investigations relating to--
`(A) the compliance or noncompliance by a financial institution with the requirements of subsection (a)(2); and
`(B) civil penalty proceedings authorized under subsection (b).
`(3) REFERRAL- Any evidence of a criminal violation of this section arising in the course of an investigation by the Secretary or any other Federal agency shall be referred immediately to the Attorney General for further investigation. The Attorney General shall timely notify the Secretary of any action taken on referrals from the Secretary, and may refer investigations to the Secretary for remedial licensing or civil penalty action.
`(f) CLASSIFIED INFORMATION IN CIVIL PROCEEDINGS BROUGHT BY THE UNITED STATES-
`(1) DISCOVERY OF CLASSIFIED INFORMATION BY DEFENDANTS-
`(A) REQUEST BY UNITED STATES- In any civil proceeding under this section, upon request made ex parte and in writing by the United States, a court, upon a sufficient showing, may authorize the United States to--
`(i) redact specified items of classified information from documents to be introduced into evidence or made available to the defendant through discovery under the Federal Rules of Civil Procedure;
`(ii) substitute a summary of the information for such classified documents; or
`(iii) substitute a statement admitting relevant facts that the classified information would tend to prove.
`(B) ORDER GRANTING REQUEST- If the court enters an order granting a request under this paragraph, the entire text of the documents to which the request relates shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.
`(C) DENIAL OF REQUEST- If the court enters an order denying a request of the United States under this paragraph, the United States may take an immediate, interlocutory appeal in accordance with paragraph (5). For purposes of such an appeal, the entire text of the documents to which the request relates, together with any transcripts of arguments made ex parte to the court in connection therewith, shall be maintained under seal and delivered to the appellate court.
`(2) INTRODUCTION OF CLASSIFIED INFORMATION; PRECAUTIONS BY COURT-
`(A) EXHIBITS- To prevent unnecessary or inadvertent disclosure of classified information in a civil proceeding brought by the United States under this section, the United States may petition the court ex parte to admit, in lieu of classified writings, recordings, or photographs, one or more of the following:
`(i) Copies of items from which classified information has been redacted.
`(ii) Stipulations admitting relevant facts that specific classified information would tend to prove.
`(iii) A declassified summary of the specific classified information.
`(B) DETERMINATION BY COURT- The court shall grant a request under this paragraph if the court finds that the redacted item, stipulation, or summary is sufficient to allow the defendant to prepare a defense.
`(3) TAKING OF TRIAL TESTIMONY-
`(A) OBJECTION- During the examination of a witness in any civil proceeding brought by the United States under this subsection, the United States may object to any question or line of inquiry that may require the witness to disclose classified information not previously found to be admissible.
`(B) ACTION BY COURT- In determining whether a response is admissible, the court shall take precautions to guard against the compromise of any classified information, including--
`(i) permitting the United States to provide the court, ex parte, with a proffer of the witness's response to the question or line of inquiry; and
`(ii) requiring the defendant to provide the court with a proffer of the nature of the information that the defendant seeks to elicit.
`(C) OBLIGATION OF DEFENDANT- In any civil proceeding under this section, it shall be the defendant's obligation to establish the relevance and materiality of any classified information sought to be introduced.
`(4) APPEAL- If the court enters an order denying a request of the United States under this subsection, the United States may take an immediate interlocutory appeal in accordance with paragraph (5).
`(5) INTERLOCUTORY APPEAL-
`(A) SUBJECT OF APPEAL- An interlocutory appeal by the United States shall lie to a court of appeals from a decision or order of a district court--
`(i) authorizing the disclosure of classified information;
`(ii) imposing sanctions for nondisclosure of classified information; or
`(iii) refusing a protective order