104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-518
_______________________________________________________________________
TERRORISM PREVENTION ACT
_______
April 15, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Hyde, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany S.735]
The committee of conference on the disagreeing votes of the
two Houses on the amendments of the House to the bill (S. 735),
to prevent and punish acts of terrorism, and for other
purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the Senate recede from its disagreement to the
amendment of the House to the text of the bill and agree to the
same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House
amendment, insert the following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Antiterrorism and Effective
Death Penalty Act of 1996''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HABEAS CORPUS REFORM
Sec. 101. Filing deadlines.
Sec. 102. Appeal.
Sec. 103. Amendment of Federal Rules of Appellate Procedure.
Sec. 104. Section 2254 amendments.
Sec. 105. Section 2255 amendments.
Sec. 106. Limits on second or successive applications.
Sec. 107. Death penalty litigation procedures.
Sec. 108. Technical amendment.
TITLE II--JUSTICE FOR VICTIMS
Subtitle A--Mandatory Victim Restitution
Sec. 201. Short title.
Sec. 202. Order of restitution.
Sec. 203. Conditions of probation.
Sec. 204. Mandatory restitution.
Sec. 205. Order of restitution to victims of other crimes.
Sec. 206. Procedure for issuance of restitution order.
Sec. 207. Procedure for enforcement of fine or restitution order.
Sec. 208. Instruction to Sentencing Commission.
Sec. 209. Justice Department regulations.
Sec. 210. Special assessments on convicted persons.
Sec. 211. Effective date.
Subtitle B--Jurisdiction for Lawsuits Against Terrorist States
Sec. 221. Jurisdiction for lawsuits against terrorist states.
Subtitle C--Assistance to Victims of Terrorism
Sec. 231. Short title.
Sec. 232. Victims of Terrorism Act.
Sec. 233. Compensation of victims of terrorism.
Sec. 234. Crime victims fund.
Sec. 235. Closed circuit televised court proceedings for victims of
crime.
Sec. 236. Technical correction.
TITLE III--INTERNATIONAL TERRORISM PROHIBITIONS
Subtitle A--Prohibition on International Terrorist 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. 324. Findings.
Sec. 325. Prohibition on assistance to countries that aid terrorist
states.
Sec. 326. Prohibition on assistance to countries that provide military
equipment to terrorist states.
Sec. 327. Opposition to assistance by international financial
institutions to terrorist states.
Sec. 328. Antiterrorism assistance.
Sec. 329. Definition of assistance.
Sec. 330. Prohibition on assistance under Arms Export Control Act for
countries not cooperating fully with United States
antiterrorism efforts.
TITLE IV--TERRORIST AND CRIMINAL ALIEN REMOVAL AND EXCLUSION
Subtitle A--Removal of Alien 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. Restricting the defense to exclusion based on 7 years
permanent residence for certain criminal aliens.
Sec. 432. Access to certain confidential immigration and naturalization
files through court order.
Sec. 433. Criminal alien identification system.
Sec. 434. Establishing certain alien smuggling-related crimes as RICO-
predicate offenses.
Sec. 435. Authority for alien smuggling investigations.
Sec. 436. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 437. Miscellaneous provisions.
Sec. 438. Interior repatriation program.
Sec. 439. Deportation of nonviolent offenders prior to completion of
sentence of imprisonment.
Sec. 440. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
Sec. 441. Criminal alien removal.
Sec. 442. Limitation on collateral attacks on underlying deportation
order.
Sec. 443. Deportation procedures for certain criminal aliens who are not
permanent residents.
Sec. 444. 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. 602. Definitions.
Sec. 603. Requirement of detection agents for plastic explosives.
Sec. 604. Criminal sanctions.
Sec. 605. Exceptions.
Sec. 606. Seizure and forfeiture of plastic explosives.
Sec. 607. Effective date.
TITLE VII--CRIMINAL LAW MODIFICATIONS TO COUNTER TERRORISM
Subtitle A--Crimes and 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. 818. The Judiciary.
Sec. 819. Local firefighter and emergency services training.
Sec. 820. Assistance to foreign countries to procure explosive detection
devices and other counterterrorism technology.
Sec. 821. Research and development to support counterterrorism
technologies.
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.
Sec. 904. Severability.
TITLE I--HABEAS CORPUS REFORM
SEC. 101. FILING DEADLINES.
Section 2244 of title 28, United States Code, is amended by
adding at the end the following new subsection:
``(d)(1) A 1-year period of limitation shall apply to an
application for a writ of habeas corpus by a person in custody
pursuant to the judgment of a State court. The limitation
period shall run from the latest of--
``(A) the date on which the judgment became final
by the conclusion of direct review or the expiration of
the time for seeking such review;
``(B) the date on which the impediment to filing an
application created by State action in violation of the
Constitution or laws of the United States is removed,
if the applicant was prevented from filing by such
State action;
``(C) the date on which the constitutional right
asserted was initially recognized by the Supreme Court,
if the right has been newly recognized by the Supreme
Court and made retroactively applicable to cases on
collateral review; or
``(D) the date on which the factual predicate of
the claim or claims presented could have been
discovered through the exercise of due diligence.
``(2) The time during which a properly filed application
for State post-conviction or other collateral review with
respect to the pertinent judgment or claim is pending shall not
be counted toward any period of limitation under this
subsection.''.
SEC. 102. APPEAL.
Section 2253 of title 28, United States Code, is amended to
read as follows:
``Sec. 2253. Appeal
``(a) In a habeas corpus proceeding or a proceeding under
section 2255 before a district judge, the final order shall be
subject to review, on appeal, by the court of appeals for the
circuit in which the proceeding is held.
``(b) There shall be no right of appeal from a final order
in a proceeding to test the validity of a warrant to remove to
another district or place for commitment or trial a person
charged with a criminal offense against the United States, or
to test the validity of such person's detention pending removal
proceedings.
``(c)(1) Unless a circuit justice or judge issues a
certificate of appealability, an appeal may not be taken to the
court of appeals from--
``(A) the final order in a habeas corpus proceeding
in which the detention complained of arises out of
process issued by a State court; or
``(B) the final order in a proceeding under section
2255.
``(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
``Sec.
``2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
``2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
``2263. Filing of habeas corpus application; time requirements; tolling
rules.
``2264. Scope of Federal review; district court adjudications.
``2265. Application to State unitary review procedure.
``2266. Limitation periods for determining applications and motions.
``Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of
court or statute; procedures for appointment
``(a) This chapter shall apply to cases arising under
section 2254 brought by prisoners in State custody who are
subject to a capital sentence. It shall apply only if the
provisions of subsections (b) and (c) are satisfied.
``(b) This chapter is applicable if a State establishes by
statute, rule of its court of last resort, or by another agency
authorized by State law, a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in State post-conviction proceedings brought
by indigent prisoners whose capital convictions and sentences
have been upheld on direct appeal to the court of last resort
in the State or have otherwise become final for State law
purposes. The rule of court or statute must provide standards
of competency for the appointment of such counsel.
``(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must
offer counsel to all State prisoners under capital sentence and
must provide for the entry of an order by a court of record--
``(1) appointing one or more counsels to represent
the prisoner upon a finding that the prisoner is
indigent and accepted the offer or is unable
competently to decide whether to accept or reject the
offer;
``(2) finding, after a hearing if necessary, that
the prisoner rejected the offer of counsel and made the
decision with an understanding of its legal
consequences; or
``(3) denying the appointment of counsel upon a
finding that the prisoner is not indigent.
``(d) No counsel appointed pursuant to subsections (b) and
(c) to represent a State prisoner under capital sentence shall
have previously represented the prisoner at trial or on direct
appeal in the case for which the appointment is made unless the
prisoner and counsel expressly request continued
representation.
``(e) The ineffectiveness or incompetence of counsel during
State or Federal post-conviction proceedings in a capital case
shall not be a ground for relief in a proceeding arising under
section 2254. This limitation shall not preclude the
appointment of different counsel, on the court's own motion or
at the request of the prisoner, at any phase of State or
Federal post-conviction proceedings on the basis of the
ineffectiveness or incompetence of counsel in such proceedings.
``Sec. 2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions
``(a) Upon the entry in the appropriate State court of
record of an order under section 2261(c), a warrant or order
setting an execution date for a State prisoner shall be stayed
upon application to any court that would have jurisdiction over
any proceedings filed under section 2254. The application shall
recite that the State has invoked the post-conviction review
procedures of this chapter and that the scheduled execution is
subject to stay.
``(b) A stay of execution granted pursuant to subsection
(a) shall expire if--
``(1) a State prisoner fails to file a habeas
corpus application under section 2254 within the time
required in section 2263;
``(2) before a court of competent jurisdiction, in
the presence of counsel, unless the prisoner has
competently and knowingly waived such counsel, and
after having been advised of the consequences, a State
prisoner under capital sentence waives the right to
pursue habeas corpus review under section 2254; or
``(3) a State prisoner files a habeas corpus
petition under section 2254 within the time required by
section 2263 and fails to make a substantial showing of
the denial of a Federal right or is denied relief in
the district court or at any subsequent stage of
review.
``(c) If one of the conditions in subsection (b) has
occurred, no Federal court thereafter shall have the authority
to enter a stay of execution in the case, unless the court of
appeals approves the filing of a second or successive
application under section 2244(b).
``Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
``(a) Any application under this chapter for habeas corpus
relief under section 2254 must be filed in the appropriate
district court not later than 180 days after final State court
affirmance of the conviction and sentence on direct review or
the expiration of the time for seeking such review.
``(b) The time requirements established by subsection (a)
shall be tolled--
``(1) from the date that a petition for certiorari
is filed in the Supreme Court until the date of final
disposition of the petition if a State prisoner files
the petition to secure review by the Supreme Court of
the affirmance of a capital sentence on direct review
by the court of last resort of the State or other final
State court decision on direct review;
``(2) from the date on which the first petition for
post-conviction review or other collateral relief is
filed until the final State court disposition of such
petition; and
``(3) during an additional period not to exceed 30
days, if--
``(A) a motion for an extension of time is
filed in the Federal district court that would
have jurisdiction over the case upon the filing
of a habeas corpus application under section
2254; and
``(B) a showing of good cause is made for
the failure to file the habeas corpus
application within the time period established
by this section.
``Sec. 2264. Scope of Federal review; district court adjudications
``(a) Whenever a State prisoner under capital sentence
files a petition for habeas corpus relief to which this chapter
applies, the district court shall only consider a claim or
claims that have been raised and decided on the merits in the
State courts, unless the failure to raise the claim properly
is--
``(1) the result of State action in violation of
the Constitution or laws of the United States;
``(2) the result of the Supreme Court's recognition
of a new Federal right that is made retroactively
applicable; or
``(3) based on a factual predicate that could not
have been discovered through the exercise of due
diligence in time to present the claim for State or
Federal post-conviction review.
``(b) Following review subject to subsections (a), (d), and
(e) of section 2254, the court shall rule on the claims
properly before it.
``Sec. 2265. Application to State unitary review procedure
``(a) For purposes of this section, a `unitary review'
procedure means a State procedure that authorizes a person
under sentence of death to raise, in the course of direct
review of the judgment, such claims as could be raised on
collateral attack. This chapter shall apply, as provided in
this section, in relation to a State unitary review procedure
if the State establishes by rule of its court of last resort or
by statute a mechanism for the appointment, compensation, and
payment of reasonable litigation expenses of competent counsel
in the unitary review proceedings, including expenses relating
to the litigation of collateral claims in the proceedings. The
rule of court or statute must provide standards of competency
for the appointment of such counsel.
``(b) To qualify under this section, a unitary review
procedure must include an offer of counsel following trial for
the purpose of representation on unitary review, and entry of
an order, as provided in section 2261(c), concerning
appointment of counsel or waiver or denial of appointment of
counsel for that purpose. No counsel appointed to represent the
prisoner in the unitary review proceedings shall have
previously represented the prisoner at trial in the case for
which the appointment is made unless the prisoner and counsel
expressly request continued representation.
``(c) Sections 2262, 2263, 2264, and 2266 shall apply in
relation to cases involving a sentence of death from any State
having a unitary review procedure that qualifies under this
section. References to State `post-conviction review' and
`direct review' in such sections shall be understood as
referring to unitary review under the State procedure. The
reference in section 2262(a) to `an order under section
2261(c)' shall be understood as referring to the post-trial
order under subsection (b) concerning representation in the
unitary review proceedings, but if a transcript of the trial
proceedings is unavailable at the time of the filing of such an
order in the appropriate State court, then the start of the
180-day limitation period under section 2263 shall be deferred
until a transcript is made available to the prisoner or counsel
of the prisoner.
``Sec. 2266. Limitation periods for determining applications and
motions
``(a) The adjudication of any application under section
2254 that is subject to this chapter, and the adjudication of
any motion under section 2255 by a person under sentence of
death, shall be given priority by the district court and by the
court of appeals over all noncapital matters.
``(b)(1)(A) A district court shall render a final
determination and enter a final judgment on any application for
a writ of habeas corpus brought under this chapter in a capital
case not later than 180 days after the date on which the
application is filed.
``(B) A district court shall afford the parties at least
120 days in which to complete all actions, including the
preparation of all pleadings and briefs, and if necessary, a
hearing, prior to the submission of the case for decision.
``(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for the
finding, that the ends of justice that would be served by
allowing the delay outweigh the best interests of the public
and the applicant in a speedy disposition of the application.
``(ii) The factors, among others, that a court shall
consider in determining whether a delay in the disposition of
an application is warranted are as follows:
``(I) Whether the failure to allow the delay would
be likely to result in a miscarriage of justice.
``(II) Whether the case is so unusual or so
complex, due to the number of defendants, the nature of
the prosecution, or the existence of novel questions of
fact or law, that it is unreasonable to expect adequate
briefing within the time limitations established by
subparagraph (A).
``(III) Whether the failure to allow a delay in a
case that, taken as a whole, is not so unusual or so
complex as described in subclause (II), but would
otherwise deny the applicant reasonable time to obtain
counsel, would unreasonably deny the applicant or the
government continuity of counsel, or would deny counsel
for the applicant or the government the reasonable time
necessary for effective preparation, taking into
account the exercise of due diligence.
``(iii) No delay in disposition shall be permissible
because of general congestion of the court's calendar.
``(iv) The court shall transmit a copy of any order issued
under clause (i) to the Director of the Administrative Office
of the United States Courts for inclusion in the report under
paragraph (5).
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas
corpus;
``(B) any second or successive application for a
writ of habeas corpus; and
``(C) any redetermination of an application for a
writ of habeas corpus following a remand by the court
of appeals or the Supreme Court for further
proceedings, in which case the limitation period shall
run from the date the remand is ordered.
``(3)(A) The time limitations under this section shall not
be construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(B) No amendment to an application for a writ of habeas
corpus under this chapter shall be permitted after the filing
of the answer to the application, except on the grounds
specified in section 2244(b).
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by petitioning for a writ of mandamus to the court of
appeals. The court of appeals shall act on the petition for a
writ of mandamus not later than 30 days after the filing of the
petition.
``(5)(A) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance by
the district courts with the time limitations under this
section.
``(B) The report described in subparagraph (A) shall
include copies of the orders submitted by the district courts
under paragraph (1)(B)(iv).
``(c)(1)(A) A court of appeals shall hear and render a
final determination of any appeal of an order granting or
denying, in whole or in part, an application brought under this
chapter in a capital case not later than 120 days after the
date on which the reply brief is filed, or if no reply brief is
filed, not later than 120 days after the date on which the
answering brief is filed.
``(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc
not later than 30 days after the date on which the petition for
rehearing is filed unless a responsive pleading is required, in
which case the court shall decide whether to grant the petition
not later than 30 days after the date on which the responsive
pleading is filed.
``(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the
date on which the order granting rehearing or rehearing en banc
is entered.
``(2) The time limitations under paragraph (1) shall apply
to--
``(A) an initial application for a writ of habeas
corpus;
``(B) any second or successive application for a
writ of habeas corpus; and
``(C) any redetermination of an application for a
writ of habeas corpus or related appeal following a
remand by the court of appeals en banc or the Supreme
Court for further proceedings, in which case the
limitation period shall run from the date the remand is
ordered.
``(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to
which the applicant would otherwise not be entitled, for the
purpose of litigating any application or appeal.
``(4)(A) The failure of a court to meet or comply with a
time limitation under this section shall not be a ground for
granting relief from a judgment of conviction or sentence.
``(B) The State may enforce a time limitation under this
section by applying for a writ of mandamus to the Supreme
Court.
``(5) The Administrative Office of United States Courts
shall submit to Congress an annual report on the compliance by
the courts of appeals with the time limitations under this
section.''.
(b) Technical Amendment.--The part analysis for part IV of
title 28, United States Code, is amended by adding after the
item relating to chapter 153 the following new item:
``154. Special habeas corpus procedures in capital cases........2261.''.
(c) Effective Date.--Chapter 154 of title 28, United States
Code (as added by subsection (a)) shall apply to cases pending
on or after the date of enactment of this Act.
SEC. 108. TECHNICAL AMENDMENT.
Section 408(q) of the Controlled Substances Act (21 U.S.C.
848(q)) is amended by amending paragraph (9) to read as
follows:
``(9) Upon a finding that investigative, expert, or other
services are reasonably necessary for the representation of the
defendant, whether in connection with issues relating to guilt
or the sentence, the court may authorize the defendant's
attorneys to obtain such services on behalf of the defendant
and, if so authorized, shall order the payment of fees and
expenses therefor under paragraph (10). No ex parte proceeding,
communication, or request may be considered pursuant to this
section unless a proper showing is made concerning the need for
confidentiality. Any such proceeding, communication, or request
shall be transcribed and made a part of the record available
for appellate review.''.
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--
(1) in subsection (a)--
(A) in paragraph (3), by striking ``and''
at the end;
(B) in the first paragraph (4) (relating to
conditions of probation for a domestic crime of
violence), by striking the period and inserting
a semicolon;
(C) by redesignating the second paragraph
(4) (relating to conditions of probation
concerning drug use and testing) as paragraph
(5);
(D) in paragraph (5), as redesignated, by
striking the period at the end and inserting a
semicolon; and
(E) by inserting after paragraph (5), as
redesignated, the following new paragraphs:
``(6) that the defendant--
``(A) make restitution in accordance with
sections 2248, 2259, 2264, 2327, 3663, 3663A,
and 3664; and
``(B) pay the assessment imposed in
accordance with section 3013; and
``(7) that the defendant will notify the court of
any material change in the defendant's economic
circumstances that might affect the defendant's ability
to pay restitution, fines, or special assessments.'';
and
(2) in subsection (b)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through
(22) as paragraphs (2) through (21),
respectively; and
(C) by amending paragraph (2), as
redesignated, to read as follows:
``(2) make restitution to a victim of the offense
under section 3556 (but not subject to the limitation
of section 3663(a) or 3663A(c)(1)(A));''.
SEC. 204. MANDATORY RESTITUTION.
(a) In General.--Chapter 232 of title 18, United States
Code, is amended by inserting immediately after section 3663
the following new section:
``Sec. 3663A. Mandatory restitution to victims of certain crimes
``(a)(1) Notwithstanding any other provision of law, when
sentencing a defendant convicted of an offense described in
subsection (c), the court shall order, in addition to, or in
the case of a misdemeanor, in addition to or in lieu of, any
other penalty authorized by law, that the defendant make
restitution to the victim of the offense or, if the victim is
deceased, to the victim's estate.
``(2) For the purposes of this section, the term `victim'
means a person directly and proximately harmed as a result of
the commission of an offense for which restitution may be
ordered including, in the case of an offense that involves as
an element a scheme, conspiracy, or pattern of criminal
activity, any person directly harmed by the defendant's
criminal conduct in the course of the scheme, conspiracy, or
pattern. In the case of a victim who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal guardian of
the victim or representative of the victim's estate, another
family member, or any other person appointed as suitable by the
court, may assume the victim's rights under this section, but
in no event shall the defendant be named as such representative
or guardian.
``(3) The court shall also order, if agreed to by the
parties in a plea agreement, restitution to persons other than
the victim of the offense.
``(b) The order of restitution shall require that such
defendant--
``(1) in the case of an offense resulting in damage
to or loss or destruction of property of a victim of
the offense--
``(A) return the property to the owner of
the property or someone designated by the
owner; or
``(B) if return of the property under
subparagraph (A) is impossible, impracticable,
or inadequate, pay an amount equal to--
``(i) the greater of--
``(I) the value of the
property on the date of the
damage, loss, or destruction;
or
``(II) the value of the
property on the date of
sentencing, less
``(ii) the value (as of the date
the property is returned) of any part
of the property that is returned;
``(2) in the case of an offense resulting in bodily
injury to a victim--
``(A) pay an amount equal to the cost of
necessary medical and related professional
services and devices relating to physical,
psychiatric, and psychological care, including
nonmedical care and treatment rendered in
accordance with a method of healing recognized
by the law of the place of treatment;
``(B) pay an amount equal to the cost of
necessary physical and occupational therapy and
rehabilitation; and
``(C) reimburse the victim for income lost
by such victim as a result of such offense;
``(3) in the case of an offense resulting in bodily
injury that results in the death of the victim, pay an
amount equal to the cost of necessary funeral and
related services; and
``(4) in any case, reimburse the victim for lost
income and necessary child care, transportation, and
other expenses incurred during participation in the
investigation or prosecution of the offense or
attendance at proceedings related to the offense.
``(c)(1) This section shall apply in all sentencing
proceedings for convictions of, or plea agreements relating to
charges for, any offense--
``(A) that is--
``(i) a crime of violence, as defined in
section 16;
``(ii) an offense against property under
this title, including any offense committed by
fraud or deceit; or
``(iii) an offense described in section
1365 (relating to tampering with consumer
products); and
``(B) in which an identifiable victim or victims
has suffered a physical injury or pecuniary loss.
``(2) In the case of a plea agreement that does not result
in a conviction for an offense described in paragraph (1), this
section shall apply only if the plea specifically states that
an offense listed under such paragraph gave rise to the plea
agreement.
``(3) This section shall not apply in the case of an
offense described in paragraph (1)(A)(ii) if the court finds,
from facts on the record, that--
``(A) the number of identifiable victims is so
large as to make restitution impracticable; or
``(B) determining complex issues of fact related to
the cause or amount of the victim's losses would
complicate or prolong the sentencing process to a
degree that the need to provide restitution to any
victim is outweighed by the burden on the sentencing
process.
``(d) An order of restitution under this section shall be
issued and enforced in accordance with section 3664.''.
(b) Clerical Amendment.--The analysis for chapter 232 of
title 18, United States Code, is amended by inserting
immediately after the matter relating to section 3663 the
following:
``3663A. Mandatory restitution to victims of certain crimes.''.
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'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay to the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(c).
(c) Sexual Exploitation and Other Abuse of Children.--
Section 2259 of title 18, United States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(e).
(d) Domestic Violence.--Section 2264 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new
subsection (c):
``(c) Victim Defined.--For purposes of this section, the
term `victim' means the individual harmed as a result of a
commission of a crime under this chapter, including, in the
case of a victim who is under 18 years of age, incompetent,
incapacitated, or deceased, the legal guardian of the victim or
representative of the victim's estate, another family member,
or any other person appointed as suitable by the court, but in
no event shall the defendant be named as such representative or
guardian.''.
(e) Telemarketing Fraud.--Section 2327 of title 18, United
States Code, is amended--
(1) in subsection (a), by inserting ``or 3663A''
after ``3663'';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as
follows:
``(1) Directions.--The order of restitution under
this section shall direct the defendant to pay to the
victim (through the appropriate court mechanism) the
full amount of the victim's losses as determined by the
court pursuant to paragraph (2).'';
(B) by amending paragraph (2) to read as
follows:
``(2) Enforcement.--An order of restitution under
this section shall be issued and enforced in accordance
with section 3664 in the same manner as an order under
section 3663A.'';
(C) in paragraph (4), by striking
subparagraphs (C) and (D); and
(D) by striking paragraphs (5) through
(10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection
(c).
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 bemaintained to the
greatest extent possible, and such records may be filed or testimony
heard in camera.
``(5) If the victim's losses are not ascertainable by the
date that is 10 days prior to sentencing, the attorney for the
Government or the probation officer shall so inform the court,
and the court shall set a date for the final determination of
the victim's losses, not to exceed 90 days after sentencing. If
the victim subsequently discovers further losses, the victim
shall have 60 days after discovery of those losses in which to
petition the court for an amended restitution order. Such order
may be granted only upon a showing of good cause for the
failure to include such losses in the initial claim for
restitutionary relief.
``(6) The court may refer any issue arising in connection
with a proposed order of restitution to a magistrate judge or
special master for proposed findings of fact and
recommendations as to disposition, subject to a de novo
determination of the issue by the court.
``(e) Any dispute as to the proper amount or type of
restitution shall be resolved by the court by the preponderance
of the evidence. The burden of demonstrating the amount of the
loss sustained by a victim as a result of the offense shall be
on the attorney for the Government. The burden of demonstrating
the financial resources of the defendant and the financial
needs of the defendant's dependents, shall be on the defendant.
The burden of demonstrating such other matters as the court
deems appropriate shall be upon the party designated by the
court as justice requires.
``(f)(1)(A) In each order of restitution, the court shall
order restitution to each victim in the full amount of each
victim's losses as determined by the court and without
consideration of the economic circumstances of the defendant.
``(B) In no case shall the fact that a victim has received
or is entitled to receive compensation with respect to a loss
from insurance or any other source be considered in determining
the amount of restitution.
``(2) Upon determination of the amount of restitution owed
to each victim, the court shall, pursuant to section 3572,
specify in the restitution order the manner in which, and the
schedule according to which, the restitution is to be paid, in
consideration of--
``(A) the financial resources and other assets of
the defendant, including whether any of these assets
are jointly controlled;
``(B) projected earnings and other income of the
defendant; and
``(C) any financial obligations of the defendant;
including obligations to dependents.
``(3)(A) A restitution order may direct the defendant to
make a single, lump-sum payment, partial payments at specified
intervals, in-kind payments, or a combination of payments at
specified intervals and in-kind payments.
``(B) A restitution order may direct the defendant to make
nominal periodic payments if the court finds from facts on the
record that the economic circumstances of the defendant do not
allow the payment of any amount of a restitution order, and do
not allow for the payment of the full amount of a restitution
order in the foreseeable future under any reasonable schedule
of payments.
``(4) An in-kind payment described in paragraph (3) may be
in the form of--
``(A) return of property;
``(B) replacement of property; or
``(C) if the victim agrees, services rendered to
the victim or a person or organization other than the
victim.
``(g)(1) No victim shall be required to participate in any
phase of a restitution order.
``(2) A victim may at any time assign the victim's interest
in restitution payments to the Crime Victims Fund in the
Treasury without in any way impairing the obligation of the
defendant to make such payments.
``(h) If the court finds that more than 1 defendant has
contributed to the loss of a victim, the court may make each
defendant liable for payment of the full amount of restitution
or may apportion liability among the defendants to reflect the
level of contribution to the victim's loss and economic
circumstances of each defendant.
``(i) If the court finds that more than 1 victim has
sustained a loss requiring restitution by a defendant, the
court may provide for a different payment schedule for each
victim based on the type and amount of each victim's loss and
accounting for the economic circumstances of each victim. In
any case in which the United States is a victim, the court
shall ensure that all other victims receive full restitution
before the United States receives any restitution.
``(j)(1) If a victim has received compensation from
insurance or any other source with respect to a loss, the court
shall order that restitution be paid to the person who provided
or is obligated to provide the compensation, but the
restitution order shall provide that all restitution of victims
required by the order be paid to the victims before any
restitution is paid to such a provider of compensation.
``(2) Any amount paid to a victim under an order of
restitution shall be reduced by any amount later recovered as
compensatory damages for the same loss by the victim in--
``(A) any Federal civil proceeding; and
``(B) any State civil proceeding, to the extent
provided by the law of the State.
``(k) A restitution order shall provide that the defendant
shall notify the court and the Attorney General of any material
change in the defendant's economic circumstances that might
affect the defendant's ability to pay restitution. The court
may also accept notification of a material change in the
defendant's economic circumstances from the United States or
from the victim. The Attorney General shall certify to the
court that the victim or victims owed restitution by the
defendant have been notified of the change in circumstances.
Upon receipt of the notification, the court may, on its own
motion, or the motion of any party, including the victim,
adjust the payment schedule, or require immediate payment in
full, as the interests of justice require.
``(l) A conviction of a defendant for an offense involving
the act giving rise to an order of restitution shall estop the
defendant from denying the essential allegations of that
offense in any subsequent Federal civil proceeding or State
civil proceeding, to the extent consistent with State law,
brought by the victim.
``(m)(1)(A)(i) An order of restitution may be enforced by
the United States in the manner provided for in subchapter C of
chapter 227 and subchapter B of chapter 229 of this title; or
``(ii) by all other available and reasonable means.
``(B) At the request of a victim named in a restitution
order, the clerk of the court shall issue an abstract of
judgment certifying that a judgment has been entered in favor
of such victim in the amount specified in the restitution
order. Upon registering, recording, docketing, or indexing such
abstract in accordance with the rules and requirements relating
to judgments of the court of the State where the district court
is located, the abstract of judgment shall be a lien on the
property of the defendant located in such State in the same
manner and to the same extent and under the same conditions as
a judgment of a court of general jurisdiction in that State.
``(2) An order of in-kind restitution in the form of
services shall be enforced by the probation officer.
``(n) If a person obligated to provide restitution, or pay
a fine, receives substantial resources from any source,
including inheritance, settlement, or other judgment, during a
period of incarceration, such person shall be required to apply
the value of such resources to any restitution or fine still
owed.
``(o) A sentence that imposes an order of restitution is a
final judgment notwithstanding the fact that--
``(1) such a sentence can subsequently be--
``(A) corrected under Rule 35 of the
Federal Rules of Criminal Procedure and section
3742 of chapter 235 of this title;
``(B) appealed and modified under section
3742;
``(C) amended under section 3664(d)(3); or
``(D) adjusted under section 3664(k), 3572,
or 3613A; or
``(2) the defendant may be resentenced under
section 3565 or 3614.
``(p) Nothing in this section or sections 2248, 2259, 2264,
2327, 3663, and 3663A and arising out of the application of
such sections, shall be construed to create a cause of action
not otherwise authorized in favor of any person against the
United States or any officer or employee of the United
States.''.
(b) Technical Amendment.--The item relating to section 3664
in the analysis for chapter 232 of title 18, United States
Code, is amended to read as follows:
``3664. Procedure for issuance and enforcement of order of
restitution.''.
SEC. 207. PROCEDURE FOR ENFORCEMENT OF FINE OR RESTITUTION ORDER.
(a) Amendment of Federal Rules of Criminal Procedure.--Rule
32(b) of the Federal Rules of Criminal Procedure is amended--
(1) in paragraph (1), by adding at the end the
following: ``Notwithstanding the preceding sentence, a
presentence investigation and report, or other report
containing information sufficient for the court to
enter an order of restitution, as the court may direct,
shall be required in any case in which restitution is
required to be ordered.''; and
(2) in paragraph (4)--
(A) by redesignating subparagraphs (F) and
(G) as subparagraphs (G) and (H), respectively;
and
(B) by inserting after subparagraph (E),
the following new subparagraph:
``(F) in appropriate cases, information
sufficient for the court to enter an order of
restitution;''.
(b) Fines.--Section 3572 of title 18, United States Code,
is amended--
(1) in subsection (b) by inserting ``other than the
United States,'' after ``offense,'';
(2) in subsection (d)--
(A) in the first sentence, by striking ``A
person sentenced to pay a fine or other
monetary penalty'' and inserting ``(1) A person
sentenced to pay a fine or other monetary
penalty, including restitution,'';
(B) by striking the third sentence; and
(C) by adding at the end the following:
``(2) If the judgment, or, in the case of a restitution
order, the order, permits other than immediate payment, the
length of time over which scheduled payments will be made shall
be set by the court, but shall be the shortest time in which
full payment can reasonably be made.
``(3) A judgment for a fine which permits payments in
installments shall include a requirement that the defendant
will notify the court of any material change in the defendant's
economic circumstances that might affect the defendant's
ability to pay the fine. Upon receipt of such notice the court
may, on its own motion or the motion of any party, adjust the
payment schedule, or require immediate payment in full, as the
interests of justice require.'';
(3) in subsection (f), by inserting ``restitution''
after ``special assessment,'';
(4) in subsection (h), by inserting ``or payment of
restitution'' after ``A fine''; and
(5) in subsection (i)--
(A) in the first sentence, by inserting
``or payment of restitution'' after ``A fine'';
and
(B) by amending the second sentence to read
as follows: ``Notwithstanding any installment
schedule, when a fine or payment of restitution
is in default, the entire amount of the fine or
restitution is due within 30 days after
notification of the default, subject to the
provisions of section 3613A.''.
(c) Postsentence Administration.--
(1) Payment of a fine or restitution.--Section 3611
of title 18, United States Code, is amended--
(A) by amending the heading to read as
follows:
``Sec. 3611. Payment of a fine or restitution'';
and
(B) by striking ``or assessment shall pay
the fine or assessment'' and inserting ``,
assessment, or restitution, shall pay the fine,
assessment, or restitution''.
(2) Collection.--Section 3612 of title 18, United
States Code, is amended--
(A) by amending the heading to read as
follows:
``Sec. 3612. Collection of unpaid fine or restitution'';
(B) in subsection (b)(1)--
(i) in the matter preceding
subparagraph (A), by inserting ``or
restitution order'' after ``fine'';
(ii) in subparagraph (C), by
inserting ``or restitution order''
after ``fine'';
(iii) in subparagraph (E), by
striking ``and'';
(iv) in subparagraph (F)--
(I) by inserting ``or
restitution order'' after
``fine''; and
(II) by striking the period
at the end and inserting ``;
and''; and
(v) by adding at the end the
following new subparagraph:
``(G) in the case of a restitution order,
information sufficient to identify each victim
to whom restitution is owed. It shall be the
responsibility of each victim to notify the
Attorney General, or the appropriate entity of
the court, by means of a form to be provided by
the Attorney General or the court, of any
change in the victim's mailing address while
restitution is still owed the victim. The
confidentiality of any information relating to
a victim shall be maintained.'';
(C) in subsection (c)--
(i) in the first sentence, by
inserting ``or restitution'' after
``fine''; and
(ii) by adding at the end the
following: ``Any money received from a
defendant shall be disbursed so that
each of the following obligations is
paid in full in the following sequence:
``(1) A penalty assessment under section 3013 of
title 18, United States Code.
``(2) Restitution of all victims.
``(3) All other fines, penalties, costs, and other
payments required under the sentence.'';
(D) in subsection (d)--
(i) by inserting ``or restitution''
after ``fine''; and
(ii) by striking ``is delinquent,
to inform him that the fine is
delinquent'' and inserting ``or
restitution is delinquent, to inform
the person of the delinquency'';
(E) in subsection (e)--
(i) by inserting ``or restitution''
after ``fine''; and
(ii) by striking ``him that the
fine is in default'' and inserting
``the person that the fine or
restitution is in default'';
(F) in subsection (f)--
(i) in the heading, by inserting
``and restitution'' after ``on fines'';
and
(ii) in paragraph (1), by inserting
``or restitution'' after ``any fine'';
(G) in subsection (g), by inserting ``or
restitution'' after ``fine'' each place it
appears; and
(H) in subsection (i), by inserting ``and
restitution'' after ``fines''.
(3) Civil remedies.--Section 3613 of title 18,
United States Code, is amended to read as follows:
``Sec. 3613. Civil remedies for satisfaction of an unpaid fine
``(a) Enforcement.--The United States may enforce a
judgment imposing a fine in accordance with the practices and
procedures for the enforcement of a civil judgment under
Federal law or State law. Notwithstanding any other Federal law
(including section 207 of the Social Security Act), a judgment
imposing a fine may be enforced against all property or rights
to property of the person fined, except that--
``(1) property exempt from levy for taxes pursuant
to section 6334(a) (1), (2), (3), (4), (5), (6), (7),
(8), (10), and (12) of the Internal Revenue Code of
1986 shall be exempt from enforcement of the judgment
under Federal law;
``(2) section 3014 of chapter 176 of title 28 shall
not apply to enforcement under Federal law; and
``(3) the provisions of section 303 of the Consumer
Credit Protection Act (15 U.S.C. 1673) shall apply to
enforcement of the judgment under Federal law or State
law.
``(b) Termination of Liability.--The liability to pay a
fine shall terminate the later of 20 years from the entry of
judgment or 20 years after the release from imprisonment of the
person fined, or upon the death of the individual fined.
``(c) Lien.--A fine imposed pursuant to the provisions of
subchapter C of chapter 227 of this title, or an order of
restitution made pursuant to sections 2248, 2259, 2264, 2327,
3663, 3663A, or 3664 of this title, is a lien in favor of the
United States on all property and rights to property of the
person fined as if the liability of the person fined were a
liability for a tax assessed under the Internal Revenue Code of
1986. The lien arises on the entry of judgment and continues
for 20 years or until the liability is satisfied, remitted, set
aside, or is terminated under subsection (b).
``(d) Effect of Filing Notice of Lien.--Upon filing of a
notice of lien in the manner in which a notice of tax lien
would be filed under section 6323(f) (1) and (2) of the
Internal Revenue Code of 1986, the lien shall be valid against
any purchaser, holder of a security interest, mechanic's lienor
or judgment lien creditor, except with respect to properties or
transactions specified in subsection (b), (c), or (d) of
section 6323 of the Internal Revenue Code of 1986 for which a
notice of tax lien properly filed on the same date would not be
valid. The notice of lien shall be considered a notice of lien
for taxes payable to the United States for the purpose of any
State or local law providing for the filing of a notice of a
tax lien. A notice of lien that is registered, recorded,
docketed, or indexed in accordance with the rules and
requirements relating to judgments of the courts of the State
where the notice of lien is registered, recorded, docketed, or
indexed shall be considered for all purposes as the filing
prescribed by this section. The provisions of section 3201(e)
of chapter 176 of title 28 shall apply to liens filed as
prescribed by this section.
``(e) Discharge of Debt Inapplicable.--No discharge of
debts in a proceeding pursuant to any chapter of title 11,
United States Code, shall discharge liability to pay a fine
pursuant to this section, and a lien filed as prescribed by
this section shall not be voided in a bankruptcy proceeding.
``(f) Applicability to Order of Restitution.--In accordance
with section 3664(m)(1)(A) of this title, all provisions of
this section are available to the United States for the
enforcement of an order of restitution.''.
(4) Default.--Chapter 229 of title 18, United
States Code, is amended by inserting after section 3613
the following new section:
``Sec. 3613A. Effect of default
``(a)(1) Upon a finding that the defendant is in default on
a payment of a fine or restitution, the court may, pursuant to
section 3565, revoke probation or a term of supervised release,
modify the terms or conditions of probation or a term of
supervised release, resentence a defendant pursuant to section
3614, hold the defendant in contempt of court, enter a
restraining order or injunction, order the sale of property of
the defendant, accept a performance bond, enter or adjust a
payment schedule, or take any other action necessary to obtain
compliance with the order of a fine or restitution.
``(2) In determining what action to take, the court shall
consider the defendant's employment status, earning ability,
financial resources, the willfulness in failing to comply with
the fine or restitution order, and any other circumstances that
may have a bearing on the defendant's ability or failure to
comply with the order of a fine or restitution.
``(b)(1) Any hearing held pursuant to this section may be
conducted by a magistrate judge, subject to de novo review by
the court.
``(2) To the extent practicable, in a hearing held pursuant
to this section involving a defendant who is confined in any
jail, prison, or other correctional facility, proceedings in
which the prisoner's participation is required or permitted
shall be conducted by telephone, video conference, or other
communications technology without removing the prisoner from
the facility in which the prisoner is confined.''.
(5) Resentencing.--Section 3614 of title 18, United
States Code, is amended--
(A) in the heading, by inserting ``or
restitution'' after ``fine'';
(B) in subsection (a), by inserting ``or
restitution'' after ``fine''; and
(C) by adding at the end the following new
subsection:
``(c) Effect of Indigency.--In no event shall a defendant
be incarcerated under this section solely on the basis of
inability to make payments because the defendant is
indigent.''.
(d) Clerical Amendment.--The table of sections at the
beginning of subchapter B of chapter 229 of title 18, United
States Code, is amended to read as follows:
``Sec.
``3611. Payment of a fine or restitution.
``3612. Collection of an unpaid fine or restitution.
``3613. Civil remedies for satisfaction of an unpaid fine.
``3613A. Effect of default.
``3614. Resentencing upon failure to pay a fine or restitution.
``3615. Criminal default.''.
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--
(1) in subsection (a)--
(A) by striking ``or'' at the end of
paragraph (5);
(B) by striking the period at the end of
paragraph (6) and inserting ``; or''; and
(C) by adding at the end the following new
paragraph:
``(7) not otherwise covered by paragraph (2), in
which money damages are sought against a foreign state
for personal injury or death that was caused by an act
of torture, extrajudicial killing, aircraft sabotage,
hostage taking, or the provision of material support or
resources (as defined in section 2339A of title 18) for
such an act if such act or provision of material
support is engaged in by an official, employee, or
agent of such foreign state while acting within the
scope of his or her office, employment, or agency,
except that the court shall decline to hear a claim
under this paragraph--
``(A) if the foreign state was not
designated as a state sponsor of terrorism
under section 6(j) of the Export Administration
Act of 1979 (50 U.S. 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.--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 that the
Attorney General certifies will 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 not longer so interfere.''.
(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.--
(1) Designation.--
(A) In general.--The Federal building at
1314 LeMay Boulevard, Ellsworth Air Force Base,
South Dakota, shall be known as the ``Cartney
McRaven Child Development Center''.
(B) Replacement building.--If, after the
date of enactment of this Act, a new Federal
building is built at the location described in
subparagraph (A) to replace the building
described in the paragraph, the new Federal
building shall be known as the ``Cartney
McRaven Child Development Center''.
(2) References.--Any reference in a law, map,
regulation, document, paper, or other record of the
United States to a Federal building referred to in
paragraph (1) shall be deemed to be a reference to the
``Cartney McRaven Child Development Center''.
(d) Effective Date.--This section and the amendments made
by this section shall take effect 1 year after the date of
enactment of this Act.
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.
(b) Limited Access.--
(1) Generally.--No other person, other than
official court and security personnel, or other persons
specifically designated by the court, shall be
permitted to view the closed circuit televising of the
proceedings.
(2) Exception.--The court shall not designate a
person under paragraph (1) if the presiding judge at
the trial determines that testimony by that person
would be materially affected if that person heard other
testimony at the trial.
(c) Restrictions.--
(1) The signal transmitted pursuant to subsection
(a) shall be under the control of the court at all
times and shall only be transmitted subject to the
terms and conditions imposed by the court.
(2) No public broadcast or dissemination shall be
made of the signal transmitted pursuant to subsection
(a). In the event any tapes are produced in carrying
out subsection (a), such tapes shall be the property of
the court and kept under seal.
(3) Any violations of this subsection, or any rule
or order made pursuant to this section, shall be
punishable as contempt of court as described in section
402 of title 18, United States Code.
(d) Donations.--The Administrative Office of the United
States Courts may accept donations to enable the courts to
carry out subsection (a).
(e) Construction.--
(1) Nothing in this section shall be construed--
(i) to create in favor of any person a
cause of action against the United States or
any officer or employees thereof, or
(ii) to provide any person with a defense
in any action in which application of this
section is made.
(f) Definition.--As used in this section, the term
``State'' means any State, the District of Columbia, or any
possession or territory of the United States.
(g) Rules.--The Judicial Conference of the United States,
pursuant to its rule making authority under section 331 of
title 28, United States Code, may promulgate and issue rules,
or amend existing rules, to effectuate the policy addressed by
this section. Upon the implementation of such rules, this
section shall cease to be effective.
(h) Effective Date.--This section shall only apply to cases
filed after January 1, 1995.
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.
``(a) Designation.--
``(1) In general.--The Secretary is authorized to
designate an organization as a terrorist organization
in accordance with this subsection if the Secretary
finds that--
``(A) the organization is a foreign
organization;
``(B) the organization engages in terrorist
activity (as defined in section 212(a)(3)(B));
and
``(C) the terrorist activity of the
organization threatens the security of United
States nationals or the national security of
the United States.
``(2) Procedure.--
``(A) Notice.--Seven days before making a
designation under this subsection, the
Secretary shall, by classified communication--
``(i) notify the Speaker and
Minority Leader of the House of
Representatives, the President pro
tempore, Majority Leader, and Minority
Leader of the Senate, and the members
of the relevant committees, in writing,
of the intent to designate an
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 organization
included in the notification to block all
financial transactions involving those assets
until further directive from either the
Secretary of the Treasury, Act of Congress, or
order of court.
``(3) Record.--
``(A) In general.--In making a designation
under this subsection, the Secretary shall
create an administrative record.
``(B) Classified information.--The
Secretary may consider classified information
in making a designation under this subsection.
Classified information shall not be subject to
disclosure for such time as it remains
classified, except that such information may be
disclosed to a court ex parte and in camera for
purposes of judicial review under subsection
(c).
``(4) Period of designation.--
``(A) In general.--Subject to paragraphs
(5) and (6), a designation under this
subsection shall be effective for all purposes
for a period of 2 years beginning on the
effective date of the designation under
paragraph (2)(B).
``(B) Redesignation.--The Secretary may
redesignate a foreign organization as a
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.
``(e) Investigations.--
``(1) In general.--The Attorney General shall
conduct any investigation of a possible violation of
this section, or of any license, order, or regulation
issued pursuant to this section.
``(2) Coordination with the department of the
treasury.--The Attorney General shall work in
coordination with the Secretary in investigations
relating to--
``(A) the compliance or noncompliance by a
financial institution with the requirements of
subsection (a)(2); and
``(B) civil penalty proceedings authorized
under subsection (b).
``(3) Referral.--Any evidence of a criminal
violation of this section arising in the course of an
investigation by the Secretary or any other Federal
agency shall be referred immediately to the Attorney
General for further investigation. The Attorney General
shall timely notify the Secretary of any action taken
on referrals from the Secretary, and may refer
investigations to the Secretary for remedial licensing
or civil penalty action.
``(f) Classified Information in Civil Proceedings Brought
by the United States.--
``(1) Discovery of classified information by
defendants.--
``(A) Request by united states.--In any
civil proceeding under this section, upon
request made ex parte and in writing by the
United States, a court, upon a sufficient
showing, may authorize the United States to--
``(i) redact specified items of
classified information from documents
to be introduced into evidence or made
available to the defendant through
discovery under the Federal Rules of
Civil Procedure;
``(ii) substitute a summary of the
information for such classified
documents; or
``(iii) substitute a statement
admitting relevant facts that the
classified information would tend to
prove.
``(B) Order granting request.--If the court
enters an order granting a request under this
paragraph, the entire text of the documents to
which the request relates shall be sealed and
preserved in the records of the court to be
made available to the appellate court in the
event of an appeal.
``(C) Denial of request.--If the court
enters an order denying a request of the United
States under this paragraph, the United States
may take an immediate, interlocutory appeal in
accordance with paragraph (5). For purposes of
such an appeal, the entire text of the
documents to which the request relates,
together with any transcripts of arguments made
ex parte to the court in connection therewith,
shall be maintained under seal and delivered to
the appellate court.
``(2) Introduction of classified information;
precautions by court.--
``(A) Exhibits.--To prevent unnecessary or
inadvertent disclosure of classified
information in a civil proceeding brought by
the United States under this section, the
United States may petition the court ex parte
to admit, in lieu of classified writ