FILE s735.enr
--S.735--
S.735
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To deter terrorism, provide justice for victims, provide for an
effective death penalty, and for other purposes.
[Italic->] Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]
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. Access to certain confidential immigration and
naturalization files through court order.
Sec. 432. Criminal alien identification system.
Sec. 433. Establishing certain alien smuggling-related crimes as
RICO-predicate offenses.
Sec. 434. Authority for alien smuggling investigations.
Sec. 435. Expansion of criteria for deportation for crimes of moral
turpitude.
Sec. 436. Miscellaneous provisions.
Sec. 437. Interior repatriation program.
Sec. 438. Deportation of nonviolent offenders prior to completion
of sentence of imprisonment.
Sec. 439. Authorizing State and local law enforcement officials to
arrest and detain certain illegal aliens.
Sec. 440. Criminal alien removal.
Sec. 441. Limitation on collateral attacks on underlying
deportation order.
Sec. 442. Deportation procedures for certain criminal aliens who
are not permanent residents.
Sec. 443. Extradition of aliens.
TITLE V--NUCLEAR, BIOLOGICAL, AND CHEMICAL WEAPONS RESTRICTIONS
SUBTITLE A--NUCLEAR MATERIALS
Sec. 501. Findings and purpose.
Sec. 502. Expansion of scope and jurisdictional bases of nuclear
materials prohibitions.
Sec. 503. Report to Congress on thefts of explosive materials from
armories.
SUBTITLE B--BIOLOGICAL WEAPONS RESTRICTIONS
Sec. 511. Enhanced penalties and control of biological agents.
SUBTITLE C--CHEMICAL WEAPONS RESTRICTIONS
Sec. 521. Chemical weapons of mass destruction; study of facility
for training and evaluation of personnel who respond to use of
chemical or biological weapons in urban and suburban areas.
TITLE VI--IMPLEMENTATION OF PLASTIC EXPLOSIVES CONVENTION
Sec. 601. Findings and purposes.
Sec. 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:
[BOLD->] `CHAPTER 154--SPECIAL HABEAS CORPUS PROCEDURES IN CAPITAL
CASES [<-BOLD]
`Sec.
`2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or
statute; procedures for appointment.
`2262. Mandatory stay of execution; duration; limits on stays of
execution; successive petitions.
`2263. Filing of habeas corpus application; time requirements;
tolling rules.
`2264. Scope of Federal review; district court adjudications.
`2265. Application to State unitary review procedure.
`2266. Limitation periods for determining applications and motions.
`Sec. 2261. Prisoners in State custody subject to capital sentence;
appointment of counsel; requirement of rule of court or statute;
procedures for appointment
`(a) This chapter shall apply to cases arising under section 2254
brought by prisoners in State custody who are subject to a capital
sentence. It shall apply only if the provisions of subsections (b)
and (c) are satisfied.
`(b) This chapter is applicable if a State establishes by
statute, rule of its court of last resort, or by another agency
authorized by State law, a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in State post-conviction proceedings brought by
indigent prisoners whose capital convictions and sentences have
been upheld on direct appeal to the court of last resort in the
State or have otherwise become final for State law purposes. The
rule of court or statute must provide standards of competency for
the appointment of such counsel.
`(c) Any mechanism for the appointment, compensation, and
reimbursement of counsel as provided in subsection (b) must offer
counsel to all State prisoners under capital sentence and must
provide for the entry of an order by a court of record--
`(1) appointing one or more counsels to represent the
prisoner upon a finding that the prisoner is indigent and
accepted the offer or is unable competently to decide whether
to accept or reject the offer;
`(2) finding, after a hearing if necessary, that the prisoner
rejected the offer of counsel and made the decision with an
understanding of its legal consequences; or
`(3) denying the appointment of counsel upon a finding that
the prisoner is not indigent.
`(d) No counsel appointed pursuant to subsections (b) and (c) to
represent a State prisoner under capital sentence shall have
previously represented the prisoner at trial or on direct appeal in
the case for which the appointment is made unless the prisoner and
counsel expressly request continued representation.
`(e) The ineffectiveness or incompetence of counsel during State
or Federal post-conviction proceedings in a capital case shall not
be a ground for relief in a proceeding arising under section 2254.
This limitation shall not preclude the appointment of different
counsel, on the court's own motion or at the request of the
prisoner, at any phase of State or Federal post-conviction
proceedings on the basis of the ineffectiveness or incompetence of
counsel in such proceedings.
`Sec. 2262. Mandatory stay of execution; duration; limits on stays
of execution; successive petitions
`(a) Upon the entry in the appropriate State court of record of
an order under section 2261(c), a warrant or order setting an
execution date for a State prisoner shall be stayed upon
application to any court that would have jurisdiction over any
proceedings filed under section 2254. The application shall recite
that the State has invoked the post-conviction review procedures of
this chapter and that the scheduled execution is subject to stay.
`(b) A stay of execution granted pursuant to subsection (a) shall
expire if--
`(1) a State prisoner fails to file a habeas corpus
application under section 2254 within the time required in
section 2263;
`(2) before a court of competent jurisdiction, in the
presence of counsel, unless the prisoner has competently and
knowingly waived such counsel, and after having been advised of
the consequences, a State prisoner under capital sentence
waives the right to pursue habeas corpus review under section
2254; or
`(3) a State prisoner files a habeas corpus petition under
section 2254 within the time required by section 2263 and fails
to make a substantial showing of the denial of a Federal right
or is denied relief in the district court or at any subsequent
stage of review.
`(c) If one of the conditions in subsection (b) has occurred, no
Federal court thereafter shall have the authority to enter a stay
of execution in the case, unless the court of appeals approves the
filing of a second or successive application under section 2244(b).
`Sec. 2263. Filing of habeas corpus application; time requirements;
tolling rules
`(a) Any application under this chapter for habeas corpus relief
under section 2254 must be filed in the appropriate district court
not later than 180 days after final State court affirmance of the
conviction and sentence on direct review or the expiration of the
time for seeking such review.
`(b) The time requirements established by subsection (a) shall be
tolled--
`(1) from the date that a petition for certiorari is filed in
the Supreme Court until the date of final disposition of the
petition if a State prisoner files the petition to secure
review by the Supreme Court of the affirmance of a capital
sentence on direct review by the court of last resort of the
State or other final State court decision on direct review;
`(2) from the date on which the first petition for
post-conviction review or other collateral relief is filed
until the final State court disposition of such petition; and
`(3) during an additional period not to exceed 30 days, if--
`(A) a motion for an extension of time is filed in the
Federal district court that would have jurisdiction over
the case upon the filing of a habeas corpus application
under section 2254; and
`(B) a showing of good cause is made for the failure to
file the habeas corpus application within the time period
established by this section.
`Sec. 2264. Scope of Federal review; district court adjudications
`(a) Whenever a State prisoner under capital sentence files a
petition for habeas corpus relief to which this chapter applies,
the district court shall only consider a claim or claims that have
been raised and decided on the merits in the State courts, unless
the failure to raise the claim properly is--
`(1) the result of State action in violation of the
Constitution or laws of the United States;
`(2) the result of the Supreme Court's recognition of a new
Federal right that is made retroactively applicable; or
`(3) based on a factual predicate that could not have been
discovered through the exercise of due diligence in time to
present the claim for State or Federal post-conviction review.
`(b) Following review subject to subsections (a), (d), and (e) of
section 2254, the court shall rule on the claims properly before it.
`Sec. 2265. Application to State unitary review procedure
`(a) For purposes of this section, a `unitary review' procedure
means a State procedure that authorizes a person under sentence of
death to raise, in the course of direct review of the judgment,
such claims as could be raised on collateral attack. This chapter
shall apply, as provided in this section, in relation to a State
unitary review procedure if the State establishes by rule of its
court of last resort or by statute a mechanism for the appointment,
compensation, and payment of reasonable litigation expenses of
competent counsel in the unitary review proceedings, including
expenses relating to the litigation of collateral claims in the
proceedings. The rule of court or statute must provide standards of
competency for the appointment of such counsel.
`(b) To qualify under this section, a unitary review procedure
must include an offer of counsel following trial for the purpose of
representation on unitary review, and entry of an order, as
provided in section 2261(c), concerning appointment of counsel or
waiver or denial of appointment of counsel for that purpose. No
counsel appointed to represent the prisoner in the unitary review
proceedings shall have previously represented the prisoner at trial
in the case for which the appointment is made unless the prisoner
and counsel expressly request continued representation.
`(c) Sections 2262, 2263, 2264, and 2266 shall apply in relation
to cases involving a sentence of death from any State having a
unitary review procedure that qualifies under this section.
References to State `post-conviction review' and `direct review' in
such sections shall be understood as referring to unitary review
under the State procedure. The reference in section 2262(a) to `an
order under section 2261(c)' shall be understood as referring to
the post-trial order under subsection (b) concerning representation
in the unitary review proceedings, but if a transcript of the trial
proceedings is unavailable at the time of the filing of such an
order in the appropriate State court, then the start of the 180-day
limitation period under section 2263 shall be deferred until a
transcript is made available to the prisoner or counsel of the
prisoner.
`Sec. 2266. Limitation periods for determining applications and
motions
`(a) The adjudication of any application under section 2254 that
is subject to this chapter, and the adjudication of any motion
under section 2255 by a person under sentence of death, shall be
given priority by the district court and by the court of appeals
over all noncapital matters.
`(b)(1)(A) A district court shall render a final determination
and enter a final judgment on any application for a writ of habeas
corpus brought under this chapter in a capital case not later than
180 days after the date on which the application is filed.
`(B) A district court shall afford the parties at least 120 days
in which to complete all actions, including the preparation of all
pleadings and briefs, and if necessary, a hearing, prior to the
submission of the case for decision.
`(C)(i) A district court may delay for not more than one
additional 30-day period beyond the period specified in
subparagraph (A), the rendering of a determination of an
application for a writ of habeas corpus if the court issues a
written order making a finding, and stating the reasons for the
finding, that the ends of justice that would be served by allowing
the delay outweigh the best interests of the public and the
applicant in a speedy disposition of the application.
`(ii) The factors, among others, that a court shall consider in
determining whether a delay in the disposition of an application is
warranted are as follows:
`(I) Whether the failure to allow the delay would be likely
to result in a miscarriage of justice.
`(II) Whether the case is so unusual or so complex, due to
the number of defendants, the nature of the prosecution, or the
existence of novel questions of fact or law, that it is
unreasonable to expect adequate briefing within the time
limitations established by subparagraph (A).
`(III) Whether the failure to allow a delay in a case that,
taken as a whole, is not so unusual or so complex as described
in subclause (II), but would otherwise deny the applicant
reasonable time to obtain counsel, would unreasonably deny the
applicant or the government continuity of counsel, or would
deny counsel for the applicant or the government the reasonable
time necessary for effective preparation, taking into account
the exercise of due diligence.
`(iii) No delay in disposition shall be permissible because of
general congestion of the court's calendar.
`(iv) The court shall transmit a copy of any order issued under
clause (i) to the Director of the Administrative Office of the
United States Courts for inclusion in the report under paragraph (5).
`(2) The time limitations under paragraph (1) shall apply to--
`(A) an initial application for a writ of habeas corpus;
`(B) any second or successive application for a writ of
habeas corpus; and
`(C) any redetermination of an application for a writ of
habeas corpus following a remand by the court of appeals or the
Supreme Court for further proceedings, in which case the
limitation period shall run from the date the remand is ordered.
`(3)(A) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which
the applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
`(B) No amendment to an application for a writ of habeas corpus
under this chapter shall be permitted after the filing of the
answer to the application, except on the grounds specified in
section 2244(b).
`(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting
relief from a judgment of conviction or sentence.
`(B) The State may enforce a time limitation under this section
by petitioning for a writ of mandamus to the court of appeals. The
court of appeals shall act on the petition for a writ of mandamus
not later than 30 days after the filing of the petition.
`(5)(A) The Administrative Office of the United States Courts
shall submit to Congress an annual report on the compliance by the
district courts with the time limitations under this section.
`(B) The report described in subparagraph (A) shall include
copies of the orders submitted by the district courts under
paragraph (1)(B)(iv).
`(c)(1)(A) A court of appeals shall hear and render a final
determination of any appeal of an order granting or denying, in
whole or in part, an application brought under this chapter in a
capital case not later than 120 days after the date on which the
reply brief is filed, or if no reply brief is filed, not later than
120 days after the date on which the answering brief is filed.
`(B)(i) A court of appeals shall decide whether to grant a
petition for rehearing or other request for rehearing en banc not
later than 30 days after the date on which the petition for
rehearing is filed unless a responsive pleading is required, in
which case the court shall decide whether to grant the petition not
later than 30 days after the date on which the responsive pleading
is filed.
`(ii) If a petition for rehearing or rehearing en banc is
granted, the court of appeals shall hear and render a final
determination of the appeal not later than 120 days after the date
on which the order granting rehearing or rehearing en banc is
entered.
`(2) The time limitations under paragraph (1) shall apply to--
`(A) an initial application for a writ of habeas corpus;
`(B) any second or successive application for a writ of
habeas corpus; and
`(C) any redetermination of an application for a writ of
habeas corpus or related appeal following a remand by the court
of appeals en banc or the Supreme Court for further
proceedings, in which case the limitation period shall run from
the date the remand is ordered.
`(3) The time limitations under this section shall not be
construed to entitle an applicant to a stay of execution, to which
the applicant would otherwise not be entitled, for the purpose of
litigating any application or appeal.
`(4)(A) The failure of a court to meet or comply with a time
limitation under this section shall not be a ground for granting
relief from a judgment of conviction or sentence.
`(B) The State may enforce a time limitation under this section
by applying for a writ of mandamus to the Supreme Court.
`(5) The Administrative Office of the United States Courts shall
submit to Congress an annual report on the compliance by the courts
of appeals with the time limitations under this section.'.
(b) TECHNICAL AMENDMENT- The part analysis for part IV of title
28, United States Code, is amended by adding after the item
relating to chapter 153 the following new item:
[Bold->] 2261.'. [<-Bold]
(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 (c).
(d) DOMESTIC VIOLENCE- Section 2264 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting `or 3663A' after `3663';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
`(1) DIRECTIONS- The order of restitution under this section
shall direct the defendant to pay the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).';
(B) by amending paragraph (2) to read as follows:
`(2) ENFORCEMENT- An order of restitution under this section
shall be issued and enforced in accordance with section 3664 in
the same manner as an order under section 3663A.';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (g); and
(4) by adding at the end the following new subsection (c):
`(c) VICTIM DEFINED- For purposes of this section, the term
`victim' means the individual harmed as a result of a commission of
a crime under this chapter, including, in the case of a victim who
is under 18 years of age, incompetent, incapacitated, or deceased,
the legal guardian of the victim or representative of the victim's
estate, another family member, or any other person appointed as
suitable by the court, but in no event shall the defendant be named
as such representative or guardian.'.
(e) TELEMARKETING FRAUD- Section 2327 of title 18, United States
Code, is amended--
(1) in subsection (a), by inserting `or 3663A' after `3663';
(2) in subsection (b)--
(A) by amending paragraph (1) to read as follows:
`(1) DIRECTIONS- The order of restitution under this section
shall direct the defendant to pay to the victim (through the
appropriate court mechanism) the full amount of the victim's
losses as determined by the court pursuant to paragraph (2).';
(B) by amending paragraph (2) to read as follows:
`(2) ENFORCEMENT- An order of restitution under this section
shall be issued and enforced in accordance with section 3664 in
the same manner as an order under section 3663A.';
(C) in paragraph (4), by striking subparagraphs (C) and
(D); and
(D) by striking paragraphs (5) through (10);
(3) by striking subsections (c) through (e); and
(4) by redesignating subsection (f) as subsection (c).
SEC. 206. PROCEDURE FOR ISSUANCE OF RESTITUTION ORDER.
(a) IN GENERAL- Section 3664 of title 18, United States Code, is
amended to read as follows:
`Sec. 3664. Procedure for issuance and enforcement of order of
restitution
`(a) For orders of restitution under this title, the court shall
order the probation officer to obtain and include in its
presentence report, or in a separate report, as the court may
direct, information sufficient for the court to exercise its
discretion in fashioning a restitution order. The report shall
include, to the extent practicable, a complete accounting of the
losses to each victim, any restitution owed pursuant to a plea
agreement, and information relating to the economic circumstances
of each defendant. If the number or identity of victims cannot be
reasonably ascertained, or other circumstances exist that make this
requirement clearly impracticable, the probation officer shall so
inform the court.
`(b) The court shall disclose to both the defendant and the
attorney for the Government all portions of the presentence or
other report pertaining to the matters described in subsection (a)
of this section.
`(c) The provisions of this chapter, chapter 227, and Rule 32(c)
of the Federal Rules of Criminal Procedure shall be the only rules
applicable to proceedings under this section.
`(d)(1) Upon the request of the probation officer, but not later
than 60 days prior to the date initially set for sentencing, the
attorney for the Government, after consulting, to the extent
practicable, with all identified victims, shall promptly provide
the probation officer with a listing of the amounts subject to
restitution.
`(2) The probation officer shall, prior to submitting the
presentence report under subsection (a), to the extent practicable--
`(A) provide notice to all identified victims of--
`(i) the offense or offenses of which the defendant was
convicted;
`(ii) the amounts subject to restitution submitted to the
probation officer;
`(iii) the opportunity of the victim to submit
information to the probation officer concerning the amount
of the victim's losses;
`(iv) the scheduled date, time, and place of the
sentencing hearing;
`(v) the availability of a lien in favor of the victim
pursuant to subsection (m)(1)(B); and
`(vi) the opportunity of the victim to file with the
probation officer a separate affidavit relating to the
amount of the victim's losses subject to restitution; and
`(B) provide the victim with an affidavit form to submit
pursuant to subparagraph (A)(vi).
`(3) Each defendant shall prepare and file with the probation
officer an affidavit fully describing the financial resources of
the defendant, including a complete listing of all assets owned or
controlled by the defendant as of the date on which the defendant
was arrested, the financial needs and earning ability of the
defendant and the defendant's dependents, and such other
information that the court requires relating to such other factors
as the court deems appropriate.
`(4) After reviewing the report of the probation officer, the
court may require additional documentation or hear testimony. The
privacy of any records filed, or testimony heard, pursuant to this
section shall be
maintained to the greatest extent possible, and such records may be
filed or testimony heard in camera.
`(5) If the victim's losses are not ascertainable by the date
that is 10 days prior to sentencing, the attorney for the
Government or the probation officer shall so inform the court, and
the court shall set a date for the final determination of the
victim's losses, not to exceed 90 days after sentencing. If the
victim subsequently discovers further losses, the victim shall have
60 days after discovery of those losses in which to petition the
court for an amended restitution order. Such order may be granted
only upon a showing of good cause for the failure to include such
losses in the initial claim for restitutionary relief.
`(6) The court may refer any issue arising in connection with a
proposed order of restitution to a magistrate judge or special
master for proposed findings of fact and recommendations as to
disposition, subject to a de novo determination of the issue by the
court.
`(e) Any dispute as to the proper amount or type of restitution
shall be resolved by the court by the preponderance of the
evidence. The burden of demonstrating the amount of the loss
sustained by a victim as a result of the offense shall be on the
attorney for the Government. The burden of demonstrating the
financial resources of the defendant and the financial needs of the
defendant's dependents, shall be on the defendant. The burden of
demonstrating such other matters as the court deems appropriate
shall be upon the party designated by the court as justice requires.
`(f)(1)(A) In each order of restitution, the court shall order
restitution to each victim in the full amount of each victim's
losses as determined by the court and without consideration of the
economic circumstances of the defendant.
`(B) In no case shall the fact that a victim has received or is
entitled to receive compensation with respect to a loss from
insurance or any other source be considered in determining the
amount of restitution.
`(2) Upon determination of the amount of restitution owed to each
victim, the court shall, pursuant to section 3572, specify in the
restitution order the manner in which, and the schedule according
to which, the restitution is to be paid, in consideration of--
`(A) the financial resources and other assets of the
defendant, including whether any of these assets are jointly
controlled;
`(B) projected earnings and other income of the defendant; and
`(C) any financial obligations of the defendant; including
obligations to dependents.
`(3)(A) A restitution order may direct the defendant to make a
single, lump-sum payment, partial payments at specified intervals,
in-kind payments, or a combination of payments at specified
intervals and in-kind payments.
`(B) A restitution order may direct the defendant to make nominal
periodic payments if the court finds from facts on the record that
the economic circumstances of the defendant do not allow the
payment of any amount of a restitution order, and do not allow for
the payment of the full amount of a restitution order in the
foreseeable future under any reasonable schedule of payments.
`(4) An in-kind payment described in paragraph (3) may be in the
form of--
`(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.C. App. 2405(j)) or
section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371) at the time the act occurred, unless later so
designated as a result of such act; and
`(B) even if the foreign state is or was so designated,
if--
`(i) the act occurred in the foreign state against
which the claim has been brought and the claimant has
not afforded the foreign state a reasonable opportunity
to arbitrate the claim in accordance with accepted
international rules of arbitration; or
`(ii) the claimant or victim was not a national of
the United States (as that term is defined in section
101(a)(22) of the Immigration and Nationality Act) when
the act upon which the claim is based occurred.'; and
(2) by adding at the end the following:
`(e) For purposes of paragraph (7) of subsection (a)--
`(1) the terms `torture' and `extrajudicial killing' have the
meaning given those terms in section 3 of the Torture Victim
Protection Act of 1991;
`(2) the term `hostage taking' has the meaning given that
term in Article 1 of the International Convention Against the
Taking of Hostages; and
`(3) the term `aircraft sabotage' has the meaning given that
term in Article 1 of the Convention for the Suppression of
Unlawful Acts Against the Safety of Civil Aviation.
`(f) No action shall be maintained under subsection (a)(7) unless
the action is commenced not later than 10 years after the date on
which the cause of action arose. All principles of equitable
tolling, including the period during which the foreign state was
immune from suit, shall apply in calculating this limitation period.
`(g) LIMITATION ON DISCOVERY-
`(1) IN GENERAL- (A) Subject to paragraph (2), if an action
is filed that would otherwise be barred by section 1604, but
for subsection (a)(7), the court, upon request of the Attorney
General, shall stay any request, demand, or order for discovery
on the United States that the Attorney General certifies would
significantly interfere with a criminal investigation or
prosecution, or a national security operation, related to the
incident that gave rise to the cause of action, until such time
as the Attorney General advises the court that such request,
demand, or order will no longer so interfere.
`(B) A stay under this paragraph shall be in effect during
the 12-month period beginning on the date on which the court
issues the order to stay discovery. The court shall renew the
order to stay discovery for additional 12-month periods upon
motion by the United States if the Attorney General certifies
that discovery would significantly interfere with a criminal
investigation or prosecution, or a national security operation,
related to the incident that gave rise to the cause of action.
`(2) SUNSET- (A) Subject to subparagraph (B), no stay shall
be granted or continued in effect under paragraph (1) after the
date that is 10 years after the date on which the incident that
gave rise to the cause of action occurred.
`(B) After the period referred to in subparagraph (A), the
court, upon request of the Attorney General, may stay any
request, demand, or order for discovery on the United States
that the court finds a substantial likelihood would--
`(i) create a serious threat of death or serious bodily
injury to any person;
`(ii) adversely affect the ability of the United States
to work in cooperation with foreign and international law
enforcement agencies in investigating violations of United
States law; or
`(iii) obstruct the criminal case related to the incident
that gave rise to the cause of action or undermine the
potential for a conviction in such case.
`(3) EVALUATION OF EVIDENCE- The court's evaluation of any
request for a stay under this subsection filed by the Attorney
General shall be conducted ex parte and in camera.
`(4) BAR ON MOTIONS TO DISMISS- A stay of discovery under
this subsection shall constitute a bar to the granting of a
motion to dismiss under rules 12(b)(6) and 56 of the Federal
Rules of Civil Procedure.
`(5) CONSTRUCTION- Nothing in this subsection shall prevent
the United States from seeking protective orders or asserting
privileges ordinarily available to the United States.'.
(b) EXCEPTION TO IMMUNITY FROM ATTACHMENT-
(1) FOREIGN STATE- Section 1610(a) of title 28, United States
Code, is amended--
(A) by striking the period at the end of paragraph (6)
and inserting `, or'; and
(B) by adding at the end the following new paragraph:
`(7) the judgment relates to a claim for which the foreign
state is not immune under section 1605(a)(7), regardless of
whether the property is or was involved with the act upon which
the claim is based.'.
(2) AGENCY OR INSTRUMENTALITY- Section 1610(b)(2) of title
28, United States Code, is amended--
(A) by striking `or (5)' and inserting `(5), or (7)'; and
(B) by striking `used for the activity' and inserting
`involved in the act'.
(c) APPLICABILITY- The amendments made by this subtitle shall
apply to any cause of action arising before, on, or after the date
of the enactment of this Act.
SUBTITLE C--ASSISTANCE TO VICTIMS OF TERRORISM
SEC. 231. SHORT TITLE.
This subtitle may be cited as the `Justice for Victims of
Terrorism Act of 1996'.
SEC. 232. VICTIMS OF TERRORISM ACT.
(a) AUTHORITY TO PROVIDE ASSISTANCE AND COMPENSATION TO VICTIMS
OF TERRORISM- The Victims of Crime Act of 1984 (42 U.S.C. 10601 et
seq.) is amended by inserting after section 1404A the following new
section:
`SEC. 1404B. COMPENSATION AND ASSISTANCE TO VICTIMS OF TERRORISM OR
MASS VIOLENCE.
`(a) VICTIMS OF ACTS OF TERRORISM OUTSIDE THE UNITED STATES- The
Director may make supplemental grants as provided in section
1404(a) to States to provide compensation and assistance to the
residents of such States who, while outside of the territorial
boundaries of the United States, are victims of a terrorist act or
mass violence and are not persons eligible for compensation under
title VIII of the Omnibus Diplomatic Security and Antiterrorism Act
of 1986.
`(b) VICTIMS OF TERRORISM WITHIN THE UNITED STATES- The Director
may make supplemental grants as provided in section 1404(d)(4)(B)
to States for eligible crime victim compensation and assistance
programs to provide emergency relief, including crisis response
efforts, assistance, training, and technical assistance, for the
benefit of victims of terrorist acts or mass violence occurring
within the United States and may provide funding to United States
Attorney's Offices for use in coordination with State victim
compensation and assistance efforts in providing emergency relief.'.
(b) FUNDING OF COMPENSATION AND ASSISTANCE TO VICTIMS OF
TERRORISM, MASS VIOLENCE, AND CRIME- Section 1402(d)(4) of the
Victims of Crime Act of 1984 (42 U.S.C. 10601(d)(4)) is amended to
read as follows:
`(4)(A) If the sums available in the Fund are sufficient to
fully provide grants to the States pursuant to section
1403(a)(1), the Director may retain any portion of the Fund
that was deposited during a fiscal year that was in excess of
110 percent of the total amount deposited in the Fund during
the preceding fiscal year as an emergency reserve. Such reserve
shall not exceed $50,000,000.
`(B) The emergency reserve referred to in subparagraph (A)
may be used for supplemental grants under section 1404B and to
supplement the funds available to provide grants to States for
compensation and assistance in accordance with sections 1403
and 1404 in years in which supplemental grants are needed.'.
(c) CRIME VICTIMS FUND AMENDMENTS-
(1) UNOBLIGATED FUNDS- Section 1402 of the Victims of Crime
Act of 1984 (42 U.S.C. 10601) is amended--
(A) in subsection (c), by striking `subsection' and
inserting `chapter'; and
(B) by amending subsection (e) to read as follows:
`(e) AMOUNTS AWARDED AND UNSPENT- Any amount awarded as part of a
grant under this chapter that remains unspent at the end of a
fiscal year in which the grant is made may be expended for the
purpose for which the grant is made at any time during the 2
succeeding fiscal years, at the end of which period, any remaining
unobligated sums in excess of $500,000 shall be returned to the
Treasury. Any remaining unobligated sums in an amount less than
$500,000 shall be returned to the Fund.'.
(2) BASE AMOUNT- Section 1404(a)(5) of the Victims of Crime
Act of 1984 (42 U.S.C. 10603(a)(5)) is amended to read as
follows:
`(5) As used in this subsection, the term `base amount' means--
`(A) except as provided in subparagraph (B), $500,000; and
`(B) for the territories of the Northern Mariana Islands,
Guam, American Samoa, and the Republic of Palau, $200,000,
with the Republic of Palau's share governed by the Compact
of Free Association between the United States and the
Republic of Palau.'.
SEC. 233. COMPENSATION OF VICTIMS OF TERRORISM.
(a) REQUIRING COMPENSATION FOR TERRORIST CRIMES- Section
1403(d)(3) of the Victims of Crime Act of 1984 (42 U.S.C.
10602(d)(3)) is amended--
(1) by inserting `crimes involving terrorism,' before
`driving while intoxicated'; and
(2) by inserting a comma after `driving while intoxicated'.
(b) FOREIGN TERRORISM- Section 1403(b)(6)(B) of the Victims of
Crime Act of 1984 (42 U.S.C. 10602(b)(6)(B)) is amended by
inserting `are outside of the United States (if the compensable
crime is terrorism, as defined in section 2331 of title 18, United
States Code), or' before `are States not having'.
(c) DESIGNATION OF CARTNEY MCRAVEN CHILD DEVELOPMENT CENTER-
(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 foreign terrorist organization in accordance
with this subsection if the Secretary finds that--
`(A) the organization is a foreign organization;
`(B) the organization engages in terrorist activity (as
defined in section 212(a)(3)(B)); and
`(C) the terrorist activity of the organization threatens
the security of United States nationals or the national
security of the United States.
`(2) PROCEDURE-
`(A) NOTICE- Seven days before making a designation under
this subsection, the Secretary shall, by classified
communication--
`(i) notify the Speaker and Minority Leader of the
House of Representatives, the President pro tempore,
Majority Leader, and Minority Leader of the Senate, and
the members of the relevant committees, in writing, of
the intent to designate a foreign organization under
this subsection, together with the findings made under
paragraph (1) with respect to that organization, and
the factual basis therefor; and
`(ii) seven days after such notification, publish the
designation in the Federal Register.
`(B) EFFECT OF DESIGNATION-
`(i) For purposes of section 2339B of title 18,
United States Code, a designation under this subsection
shall take effect upon publication under subparagraph
(A).
`(ii) Any designation under this subsection shall
cease to have effect upon an Act of Congress
disapproving such designation.
`(C) FREEZING OF ASSETS- Upon notification under
paragraph (2), the Secretary of the Treasury may require
United States financial institutions possessing or
controlling any assets of any foreign organization included
in the notification to block all financial transactions
involving those assets until further directive from either
the Secretary of the Treasury, Act of Congress, or order of
court.
`(3) RECORD-
`(A) IN GENERAL- In making a designation under this
subsection, the Secretary shall create an administrative
record.
`(B) CLASSIFIED INFORMATION- The Secretary may consider
classified information in making a designation under this
subsection. Classified information shall not be subject to
disclosure for such time as it remains classified, except
that such information may be disclosed to a court ex parte
and in camera for purposes of judicial review under
subsection (c).
`(4) PERIOD OF DESIGNATION-
`(A) IN GENERAL- Subject to paragraphs (5) and (6), a
designation under this subsection shall be effective for
all purposes for a period of 2 years beginning on the
effective date of the designation under paragraph (2)(B).
`(B) REDESIGNATION- The Secretary may redesignate a
foreign organization as a foreign terrorist organization
for an additional 2-year period at the end of the 2-year
period referred to in subparagraph (A) (but not sooner than
60 days prior to the termination of such period) upon a
finding that the relevant circumstances described in
paragraph (1) still exist. The procedural requirements of
paragraphs (2) and (3) shall apply to a redesignation under
this subparagraph.
`(5) REVOCATION BY ACT OF CONGRESS- The Congress, by an Act
of Congress, may block or revoke a designation made under
paragraph (1).
`(6) REVOCATION BASED ON CHANGE IN CIRCUMSTANCES-
`(A) IN GENERAL- The Secretary may revoke a designation
made under paragraph (1) if the Secretary finds that--
`(i) the circumstances that were the basis for the
designation have changed in such a manner as to warrant
revocation of the designation; or
`(ii) the national security of the United States
warrants a revocation of the designation.
`(B) PROCEDURE- The procedural requirements of paragraphs
(2) through (4) shall apply to a revocation under this
paragraph.
`(7) EFFECT OF REVOCATION- The revocation of a designation
under paragraph (5) or (6) shall not affect any action or
proceeding based on conduct committed prior to the effective
date of such revocation.
`(8) USE OF DESIGNATION IN TRIAL OR HEARING- If a designation
under this subsection has become effective under paragraph
(1)(B), a defendant in a criminal action shall not be permitted
to raise any question concerning the validity of the issuance
of such designation as a defense or an objection at any trial
or hearing.
`(b) JUDICIAL REVIEW OF DESIGNATION-
`(1) IN GENERAL- Not later than 30 days after publication of
the designation in the Federal Register, an organization
designated as a foreign terrorist organization may seek
judicial review of the designation in the United States Court
of Appeals for the District of Columbia Circuit.
`(2) BASIS OF REVIEW- Review under this subsection shall be
based solely upon the administrative record, except that the
Government may submit, for ex parte and in camera review,
classified information used in making the designation.
`(3) SCOPE OF REVIEW- The Court shall hold unlawful and set
aside a designation the court finds to be--
`(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
`(B) contrary to constitutional right, power, privilege,
or immunity; or
`(C) in excess of statutory jurisdiction, authority, or
limitation, or short of statutory right.
`(4) JUDICIAL REVIEW INVOKED- The pendency of an action for
judicial review of a designation shall not affect the
application of this section, un