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S 735 - 104

Antiterrorism and Effective Death Penalty Act of 1996

Became Public Law No: 104-132.

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Summary

48 Conference report filed in House May 7, 2001

TABLE OF CONTENTS: Title I: Habeas Corpus Reform Title II: Justice for Victims Subtitle A: Mandatory Victim Restitution Subtitle B: Jurisdiction for Lawsuits Against Terrorist States Subtitle C: Assistance to Victims of Terrorism Title III: International Terrorism Prohibitions Subtitle A: Prohibition on International Terrorist Fundraising Subtitle B: Prohibition on Assistance to Terrorist States Title IV: Terrorist and Criminal Alien Removal and Exclusion Subtitle A: Removal of Alien Terrorists Subtitle B: Exclusion of Members and Representatives of Terrorist Organizations Subtitle C: Modification to Asylum Procedures Subtitle D: Criminal Alien Procedural Improvements Title V: Nuclear, Biological, and Chemical Weapons Restrictions Subtitle A: Nuclear Materials Subtitle B: Biological Weapons Restrictions Subtitle C: Chemical Weapons Restrictions Title VI: Implementation of Plastic Explosives Convention Title VII: Criminal Law Modifications to Counter Terrorism Subtitle A: Crimes and Penalties Subtitle B: Criminal Procedures Title VIII: Assistance to Law Enforcement Subtitle A: Resources and Security Subtitle B: Funding Authorizations for Law Enforcement Title IX: Miscellaneous Antiterrorism and Effective Death Penalty Act of 1996 - Title I: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 102) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, any appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right. (Sec. 104) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense. (Sec. 105) Sets forth provisions regarding: (1) the statute of limitations for motions; and (2) limits on second or successive applications. (Sec. 107) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Requires the Administrative Office of United States Courts (Administrative Office) to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 108) Amends the Controlled Substances Act (CSA) to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review. Title II: Justice for Victims - Subtitle A: Mandatory Victim Restitution - Mandatory Victims Restitution Act of 1996 - Amends the Federal criminal code to require the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses ( see Sec. 204). Authorizes the court to order restitution in certain other cases. Makes specified procedures ( see Sec. 206) applicable to all orders of restitution. (Sec. 203) Requires the court to provide, as an explicit condition of a sentence of probation, that the defendant make restitution as ordered, pay the assessment imposed, and notify the court of any material change in his or her economic circumstances that might affect his or her ability to pay restitution, fines, or special assessments. Repeals certain restrictions on the court's authority to order the making of restitution. (Sec. 204) Directs the court to order, in addition to 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. Defines "victim" as a person directly and proximately harmed as a result of the commission of an offense for which restitution may be ordered, including any person directly harmed by the defendant's criminal conduct in the course of an offense that involves a scheme, conspiracy, or pattern of criminal activity. Permits a legal guardian or the representative of the victim's estate (other than the defendant), another family member, or any other person appointed as suitable by the court to assume the victim's rights in the case of a victim who is under age 18, incompetent, incapacitated, or deceased. Sets forth provisions regarding: (1) restitution to persons other than the victim; (2) the form and amount of restitution; and (3) plea agreements not resulting in a conviction. Requires restitution in all sentencing proceedings for convictions of, or plea agreements relating to charges for, any offense: (1) that is a crime of violence, an offense against property (including fraud), or an offense relating to tampering with consumer products; or (2) in which an identifiable victim has suffered a physical injury or pecuniary loss. Makes exceptions where the number of identifiable victims is so large as to make restitution impracticable or where determining complex issues of fact or the amount of the victim's losses would create an excessive burden on the sentencing process. (Sec. 205) Authorizes the court, when sentencing a defendant convicted of specified CSA offenses, to order that the defendant make restitution to any victim of such offense. Specifies that a participant in an offense may not be considered a victim of the offense. Directs the court, in determining whether to order restitution, to consider the amount of the loss sustained by each victim as a result of the offense, the financial resources of the defendant, the financial needs and earning ability of the defendant and the defendant's dependents, and such other factors as the court deems appropriate. Permits the court to decline to order restitution upon determining that the complication and prolongation of the sentencing process resulting from fashioning such an order outweighs the need to provide restitution to any victims. Sets forth provisions regarding situations in which there is no identifiable victim. Directs that an order of restitution in such case be based on the amount of public harm caused by the offense. Limits the amount of such restitution ordered to the amount of the fine ordered for the offense charged in the case. Directs that such restitution be distributed as follows: 65 percent to the State entity designated to administer crime victim assistance in the State in which the crime occurred and 35 percent to the State entity designated to receive Federal substance abuse block grant funds. Directs: (1) that certain penalty assessments or fines take precedence over a restitution order; (2) that requests for community restitution be considered in all plea agreements negotiated by the United States; and (3) the United States Sentencing Commission (the Commission) to promulgate guidelines to assist courts in determining the amount of restitution that may be ordered. Prohibits: (1) the court from making an award if it appears likely that such award would interfere with a forfeiture under the Federal criminal code or the CSA; and (2) any restitution from being ordered under this section until such time as the Commission promulgates its guidelines. Makes conforming changes to the Violence Against Women Act of 1994 and to telemarketing fraud provisions of the Federal criminal code. (Sec. 206) Revises procedures for the issuance and enforcement of restitution orders. Directs the court to: (1) order the probation officer to obtain and include in the presentence report, or in a separate report, information sufficient for the court to exercise its discretion in fashioning a restitution order (including 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); and (2) disclose to both the defendant and the attorney for the Government all portions of the report pertaining to such matters. Directs the probation officer to inform the court if the number or identity of victims cannot be reasonably ascertained, or if other circumstances exist that make such requirement impracticable. Makes specified provisions of the Federal criminal code and Rule 32(c) of the Federal Rules of Criminal Procedure the only rules applicable to proceedings for the issuance and enforcement of restitution orders. Directs: (1) the attorney for the Government, upon the request of the probation officer but not later than 60 days prior to the date initially set for sentencing and after consulting (to the extent practicable) with all identified victims, to promptly provide the probation officer with a listing of the amounts subject to restitution; and (2) the probation officer, prior to submitting the presentence report, to provide specified notice to identified victims and provide each victim with an affidavit form to submit. Sets forth provisions regarding: (1) each defendant preparing and filing with the probation officer an affidavit fully describing the defendant's financial resources; (2) the court's authority to require additional documentation or hear testimony; (3) the privacy of any records filed or testimony heard; (4) final determination of the victim's losses and subsequent discovery of further losses; (5) court referral of issues arising in connection with proposed restitution orders to a magistrate judge or special master; and (6) resolution of disputes as to the proper amount or type of restitution. Directs the court to order restitution to each victim in the full amount of each victim's losses as determined by the court without consideration of the defendant's economic circumstances. Sets forth further requirements, including provisions regarding the form of payments, situations involving multiple defendants, a prohibition on considering the fact that a victim has received compensation with respect to a loss from insurance or any other source in determining the amount of restitution, notification of material changes in the defendant's economic circumstances, and such adjustment of the payment schedule as the interests of justice require. Specifies that: (1) a defendant's conviction for an offense involving the act giving rise to a restitution order 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; (2) a restitution order may be enforced by the United States, as specified; and (3) an order of in-kind restitution in the form of services shall be enforced by the probation officer. Directs the clerk of the court, at the request of a victim named in a restitution order, to issue an abstract of judgment certifying that a judgment has been entered in favor of such victim in the amount specified in the order. Specifies that upon registering, recording, docketing, or indexing such abstract, it shall be a lien on the property of the defendant, subject to specified limitations. Specifies that a sentence that imposes an order of restitution is a final judgment notwithstanding the fact that such sentence can be subsequently corrected, appealed and modified, amended, or adjusted under specified provisions, or that the defendant may be resentenced. (Sec. 207) Amends Rule 32(b) of the Federal Rules of Criminal Procedure to require that: (1) a presentence investigation and report, or other report containing information sufficient for the court to enter an order of restitution, be required in any case in which restitution is required to be ordered; and (2) a presentence report contain, in appropriate cases, information sufficient for the court to enter an order of restitution. Adds restitution to existing provisions governing the imposition of a fine in Federal criminal cases. Directs the court to impose a fine or other monetary penalty only to the extent that such fine or penalty will not impair the ability of the defendant to make restitution required to a victim other than the United States. Sets forth provisions regarding payment schedules, notification to the court of material changes in the defendant's economic circumstances, and default on a restitution fine or payment. Adds restitution provisions to provisions governing the post sentence administration of fines, including collection. Makes it the responsibility of each victim to notify the Attorney General or the appropriate court entity of any change in the victim's mailing address while restitution is still owed. Directs that the confidentiality of any information relating to a victim be maintained. Sets priorities for the disbursement of money received from a defendant. Revises provisions regarding civil remedies for satisfaction of an unpaid fine to authorize the United States to enforce a judgment imposing a fine in accordance with the practices and procedures for the enforcement of a civil judgment under Federal or State law. Sets forth provisions regarding: (1) the enforcement of such judgments; (2) termination of liability; (3) liens and the effect of filing notice of a lien; (4) inapplicability of the discharge of debt in bankruptcy proceedings; and (5) applicability of specified provisions to the enforcement of an order of restitution. Authorizes the court, upon a finding that the defendant is in default on a payment of a fine or restitution, to revoke probation or a term of supervised release, modify the terms or conditions of a probation or a term of supervised release, resentence a defendant, 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. Allows any hearing arising out of such default to be conducted by a magistrate judge, subject to de novo review by the court. Requires that proceedings in which the participation of a defendant who is confined in a correctional facility is required or permitted be conducted by telephone, video conference, or other communications technology without removing the prisoner from the facility. Prohibits incarcerating a defendant solely on the basis of inability to make payments because of indigency. (Sec. 209) Requires the Attorney General 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 the victims; and (2) restitution orders are enforced to the fullest extent of the law. (Sec. 210) Doubles the special assessments on persons convicted of a felony in Federal cases. Subtitle B: Jurisdiction for Lawsuits Against Terrorist States - Amends the Federal judicial code to make exceptions to: (1) foreign sovereign immunity for certain cases in which money damages are sought against a foreign government for personal injury or death caused by an act of torture, extra judicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources to terrorists (but sets a ten-year statute of limitation, subject to equitable tolling principles, and directs the court to limit discovery that the Attorney General certifies will interfere with a criminal investigation or prosecution, or a national security operation, related to the incident that gave rise to the cause of action, subject to specified restrictions); and (2) immunity from attachment with respect to a foreign state or an agency or instrumentality of such state. Subtitle C: Assistance to Victims of Terrorism - Justice for Victims of Terrorism Act of 1996 - Amends the Victims of Crime Act of 1984 (VCA) to authorize the Director of the Office of Justice Assistance to make supplemental grants to States: (1) to provide compensation and assistance to State residents who, while outside U.S. territorial boundaries, are victims of a terrorist act or mass violence and are not eligible for compensation under the Omnibus Diplomatic Security and Antiterrorism Act of 1986; and (2) 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 funding to U.S. Attorney's Offices for use in coordination with State victims compensation and assistance efforts in providing emergency relief. Revises provisions of such Act to: (1) authorize the Director, if the sums available in the Crime Victims Fund are sufficient to fully provide grants to the States, to 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; (2) prohibit such reserve from exceeding $50 million; and (3) permit the emergency reserve to be used for supplemental grants and to supplement the funds available to provide grants to States for compensation and assistance in years in which supplemental grants are needed. Amends such Act to: (1) permit any amount awarded as part of a grant that remains unspent at the end of a fiscal year in which the grant is made to be expended for the purpose for which the grant is made during the two succeeding fiscal years, at the end of which period any remaining unobligated sums in excess of $500,000 shall be returned to the Treasury (with any remaining unobligated sums in an amount less than $500,000 to be returned to the Fund); and (2) define "base amount" for purposes of crime victim assistance to mean $500,000 and for the territories of the Northern Mariana Islands, Guam, American Samoa, and the Republic of Palau, $200,000, with the latter's share governed by the Compact of Free Association between the United States and the Republic of Palau. (Sec. 233) Amends the VCA to provide for the compensation of victims of terrorism. Designates the Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, South Dakota, as the Cartney McRaven Child Development Center. (Sec. 234) Amends the VCA to: (1) prohibit payments to delinquent criminal debtors by State crime victim compensation programs; and (2) exclude victim assistance from income for purposes of determining eligibility for Federal benefits. (Sec. 235) Directs the trial court in criminal cases where the venue is moved out of State more than 350 miles from the location in which those proceedings originally would have taken place, to order closed circuit televising of the proceedings for viewing by such persons whom the court determines have a compelling interest and who are otherwise unable to view the proceedings by reason of the inconvenience and expense caused by the change of venue. Limits access to such broadcast. Specifies that: (1) the signal so transmitted 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 that signal (and, in the event any tapes are produced in carrying out such provision, such tapes shall be the property of the court and kept under seal); and (3) any violations shall be punishable as contempt of court. Authorizes the Administrative Office to accept donations to enable the courts to carry out such provision Title III: International Terrorism Prohibitions - Subtitle A: Prohibition on International Terrorist Fundraising - Amends the Immigration and Nationality Act (INA) to authorize the Secretary of State, in consultation with the Secretary of the Treasury (Secretary) and the Attorney General, to designate an organization as a terrorist organization upon finding that the organization is a foreign organization that engages in terrorist activity and such activity threatens the security of U.S. nationals or U.S. national security. Sets forth provisions regarding: (1) procedures for such designation, including notification to specified congressional leaders, and the freezing of assets; (2) creation of an administrative record and the handling of classified information; (3) the period of designation; (4) revocation by Act of Congress, revocation based on a change in circumstances, and the effect of revocation; (5) use of the designation in a trial or hearing; (6) judicial review of such designation. (Sec. 303) Sets penalties for knowingly providing, or attempting or conspiring to provide, material support or resources to a foreign terrorist organization. Requires any financial institution that becomes aware that it has possession of, or control over, any funds in which a foreign terrorist organization or its agent has an interest, to retain possession of or maintain control over such funds and report to the Secretary the existence of such funds, with exceptions. Establishes civil penalties for knowingly failing to comply with such provision. Sets forth provisions regarding: (1) injunctions; (2) extraterritorial Federal jurisdiction; (3) investigations; and (4) the discovery and handling of classified information in civil proceedings brought by the United States. Subtitle B: Prohibition on Assistance to Terrorist States - Imposes penalties upon U.S. persons who engage in a financial transaction with a country knowing or having reasonable cause to know that such country has been designated under the Export Administration Act as a country supporting international terrorism, with exceptions. (Sec. 322) Directs the Administrator of the Federal Aviation Administration to continue in effect the requirement that a foreign air carrier must adopt and use a security program approved by the Administrator. Prohibits the Administrator from approving such a program unless it requires the foreign air carrier in its operations to and from U.S. airports to adhere to the identical security measures that the Administrator requires air carriers serving the same airports to adhere to. Specifies that such requirement shall not be interpreted to limit the ability of the Administrator to impose additional security measures on a foreign air carrier or an air carrier when the Administrator determines that a specific threat warrants such additional measures. (Sec. 323) Modifies existing provisions setting penalties for providing material support to terrorists, including by: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 324) Makes findings regarding international terrorism, including that the President should use all necessary means, including covert action and military force, to destroy international infrastructure used by international terrorists. (Sec. 325) Amends: (1) the Foreign Assistance Act of 1961 to authorize the President to withhold assistance to the governments of countries that aid (including providing military equipment to) terrorist states, with exceptions by presidential waiver when in the national interest; and (2) the International Financial Institutions Act to direct the Secretary to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 328) Revises Foreign Assistance Act provisions regarding antiterrorism assistance to permit arms and ammunition to be provided under such provisions only if they are directly related to antiterrorism assistance. Limits the value of equipment and commodities provided. Repeals a prohibition on using such funds for personnel compensation or benefits. Makes up to $3 million in any fiscal year available to procure explosives detection devices and other counterterrorism technology and for joint counterterrorism research and development projects on such technology conducted with the North Atlantic Treaty Organization (NATO) and major non-NATO allies under the auspices of the Technical Support Working Group of the Department of State. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 329) Defines "assistance" to mean assistance (excluding international disaster assistance) to or for the benefit of a government of any country that is provided by any means on terms more favorable than generally available in the applicable market. (Sec. 330) Amends the Arms Export Control Act to prohibit assistance under such Act in a fiscal year to a country that the President determines and certifies to the Congress, by May 15 of the calendar year in which that fiscal year begins, is not cooperating fully with U.S. antiterrorism efforts, subject to presidential waiver if the transaction is essential to U.S. national security interests. Title IV: Terrorist and Criminal Alien Removal and Exclusion - Subtitle A: Removal of Alien Terrorists - Amends the INA to establish procedures for the removal of alien terrorists. Directs the Chief Justice of the United States to publicly designate five district court judges from five of the U.S. judicial circuits to constitute a court with jurisdiction to conduct removal proceedings. Sets forth provisions regarding: (1) terms of such judges; (2) designation of the chief judge of the removal court; and (3) the expeditious and confidential nature of such proceedings. Authorizes the Attorney General: (1) to seek removal of an alien terrorist by filing an application with the removal court that contains specified information, such as a statement of the facts and circumstances relied on by the Department of Justice (DOJ) to establish probable cause that the alien is a terrorist, that the alien is present in the United States, and that removal under normal immigration procedures would pose a risk to U.S. national security; and (2) to dismiss a removal action under this title at any stage of the proceeding. Allows a single judge of the removal court, in determining whether to grant an application, to consider, ex parte and in camera, in addition to the information contained in the application: (1) other (including classified) information presented under oath or affirmation; and (2) testimony received in any hearing on the application of which a verbatim record shall be kept. Sets forth provisions regarding: (1) the approval or denial of an order; and (2) the exclusivity of this title with respect to the rights of the alien regarding removal and expulsion, if an order is issued granting the application. Directs that, where the application is approved, a removal hearing be conducted as expeditiously as practicable and be open to the public. Sets forth provisions regarding: (1) notice; (2) rights in the hearing, including the right to counsel, to introduce evidence, and (subject to specified limitations) to examine witnesses; (3) subpoenas (but denies aliens access to classified information); (4) discovery; (5) arguments; (6) burden of proof; (7) rules of evidence; (8) determination of deportation; (9) written orders; (10) no right to ancillary relief; (11) appeals; (12) custody and release pending a removal hearing; and (13) custody and release after a removal hearing, including criminal penalty for reentry of alien terrorists and elimination of custody review by habeas corpus. Subtitle B: Exclusion of Members and Representatives of Terrorist Organizations - Makes being a member or representative of a foreign terrorist organization a basis for exclusion from the United States under the INA. (Sec. 412) Grants the Secretary of State authority to waive requirements concerning notice of denial of a visa application, or for admission or adjustment of status, in the case of a particular alien or any class or classes of excludable aliens, with exceptions. (Sec. 413) Denies specified deportation relief for alien terrorists. (Sec. 414) Deems an alien present in the United States, who has not been admitted after inspection under the INA, to be seeking entry and admission, and subject to examination and exclusion. Subtitle C: Modification to Asylum Procedures - Prohibits the Attorney General from granting asylum to an alien excludable as a terrorist unless the Attorney General determines that the individual seeking asylum will not be a danger to U.S. security. (Sec. 422) Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 423) Sets forth provisions regarding limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title. Subtitle D: Criminal Alien Procedural Improvements - Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 432) Permits the Attorney General to authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant an order authorizing, disclosure of information contained in the alien's application for adjustment of status to be used: (1) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; (2) for criminal law enforcement purposes against the alien whose application is to be disclosed; or (3) to discover information leading to the location or identity of the alien. (Sec. 433) Amends the Violent Crime Control and Law Enforcement Act of 1994 to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the Immigration and Naturalization Service (INS). (Sec. 434) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 436) Amends the INA to: (1) expand the criteria for deportation for crimes of moral turpitude; and (2) permit the use of electronic and telephonic media in deportation hearings. (Sec. 438) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 439) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. (Sec. 440) Authorizes State and local law enforcement officials, to the extent permitted by relevant State and local law, to arrest and detain an illegal alien who has previously been convicted of a felony in the United States and who has been deported from or left the United States after such conviction, after obtaining appropriate confirmation from the INS of such individual's status, for such time as may be required for the INS to take that individual into Federal custody for purposes of deporting or removing the alien from the United States. Directs the Attorney General to cooperate with the States to assure that information in the Attorney General's control, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out such duties is made available to such officials. (Sec. 441) Revises INA provisions regarding terrorism to provide that any final order of deportation against an alien who is deportable by reason of having committed specified criminal offenses shall not be subject to review by any court. Makes such an order final upon the earlier of a determination by the Board of Immigration Appeals affirming such order or the expiration of the period in which the alien is permitted to seek review of such order by the Board. Expands the range of offenses for which the Attorney General shall take an alien convicted of a crime into custody upon release (currently, limited to aggravated felonies) for deportation as expeditiously as possible. Repeals provisions under which the Attorney General may release an alien who demonstrates that he or she is not a threat to the community and is likely to appear before any scheduled hearings. Revises provisions regarding: (1) nonapplicability of requirements that aliens be ineligible for visas and excluded from admission into the United States if such aliens are deportable by reason of having committed specified criminal offenses (currently, limited to those convicted of one or more aggravated felonies and having served at least five years' imprisonment for such felonies); and (2) the definition of "aggravated felony" to expand its scope. Specifies that when a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a specified criminal offense, the Attorney General shall have 30 days within which to effect the alien's departure from the United States and shall have sole and unreviewable discretion to waive such provision for aliens who are cooperating with law enforcement authorities or for purposes of national security. (Sec. 442) Limits collateral attacks on deportation orders. (Sec. 443) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 444) Sets forth provisions regarding the extradition of aliens who have committed crimes of violence against U.S. nationals. Makes certain Federal criminal code provisions regarding extradition of fugitives applicable to such aliens. Title V: Nuclear, Biological, and Chemical Weapons Restrictions - Subtitle A: Nuclear Materials - Revises Federal criminal code provisions regarding prohibited transactions involving nuclear materials to cover specified actions involving nuclear byproduct material and actions knowingly causing substantial damage to the environment. Expands jurisdiction by making such prohibitions applicable where an offender or victim is a U.S. national or a U.S. corporation or other legal entity. Repeals a requirement for jurisdiction that at the time of the offense the nuclear material must have been in use, storage, or transport for peaceful purposes. Modifies the definition of "nuclear material" to mean material containing any plutonium (currently, with an isotopic concentration not in excess of 80 percent plutonium 238). (Sec. 503) Directs the Attorney General and the Secretary of Defense to jointly conduct a study and report to the Congress on the number and extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Subtitle B: Biological Weapons Restrictions - Amends the Federal criminal code to include within the scope of prohibitions regarding biological weapons attempts, threats, and conspiracies to acquire a biological agent, toxin, or delivery system for use as a weapon. Authorizes the United States to obtain an injunction against the threat to engage in prohibited conduct with respect to such prohibitions. Redefines: (1) "biological agent" to cover certain biological products that may be engineered as a result of biotechnology or certain naturally occurring or bioengineered components of a microorganism, virus, infectious substance, or biological product; (2) "toxin" to include the toxic material of plants, animals, microorganisms, viruses, fungi, or infectious substances, or a recombinant molecule; and (3) "vector" to include certain molecules, including recombinant molecules, or biological products that may be engineered as a result of biotechnology. Revises provisions regarding the use of weapons of mass destruction to cover threats to use such weapons and the use of any biological agent, toxin, or vector. Directs the Secretary of Health and Humans Services to: (1) establish and maintain a list of each biological agent that has the potential to pose a severe threat to public health and safety; and (2) provide for the establishment and enforcement of safety procedures for the transfer of listed biological agents, safeguards to prevent access to such agents for use in domestic or international terrorism or for any other criminal purpose, the establishment of procedures to protect the public safety in the event of a transfer or potential transfer of a biological agent in violation of the safety procedures or safeguards established, and appropriate availability of biological agents for research, education, and other legitimate purposes. Subtitle C: Chemical Weapons Restrictions - Amends the Federal criminal code to set penalties with respect to any person who, without lawful authority, uses or attempts or conspires to use a chemical weapon against: (1) a U.S. national while such national is outside the United States; (2) any person within the United States; or (3) any property that is owned, leased, or used by the United States, whether the property is within or outside of the United States. Directs the President to establish an interagency task force to determine the feasibility and advisability of establishing a facility that recreates both an urban environment and a suburban environment in such a way as to permit the effective testing, training, and evaluation of government personnel who are responsible for responding to the use of chemical and biological weapons in the United States. Expresses the sense of the Congress that such facility, if established, shall be: (1) under the jurisdiction of the Secretary of Defense; and (2) located at a principal facility of the Department of Defense for the testing and evaluation of the use of chemical and biological weapons during any period of armed conflict. Title VI: Implementation of Plastic Explosives Convention - Prohibits: (1) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent, with exceptions; and (2) any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, and any identification marks. (Sec. 604) Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. (Sec. 606) Amends the Tariff Act of 1930 to require the seizure and forfeiture of a plastic explosive which does not contain a detection agent. Title VII: Criminal Law Modifications to Counter Terrorism - Subtitle A: Crimes and Penalties - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified terrorism crimes, including carrying weapons or explosives on an aircraft; and (3) the use of explosives or arson. (Sec. 702) Imposes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. (Sec. 703) Expands a provision regarding destruction or injury of property within special maritime and territorial jurisdiction to cover any structure, conveyance, or other real or personal property. (Sec. 704) Revises provisions prohibiting injuring property of a foreign government to set penalties for conspiring to kill, kidnap, maim, or injure people in a foreign government. (Sec. 706) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or a drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of an explosive material. (Sec. 707) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 709) Directs the Attorney General to study and report to the Congress concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. Subtitle B: Criminal Procedures - Makes penalties imposed upon an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 722) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 723) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 724) Expands Federal jurisdiction over bomb threats. (Sec. 725) Modifies prohibitions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such prohibitions, such use must be without lawful authority and the results of such use (or threat) must affect (would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed or intended to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Imposes penalties (including the death penalty, if death results) upon any U.S. national who, without lawful authority and outside the United States, uses, threatens, attempts, or conspires to use a weapon of mass destruction. (Sec. 726) Adds terrorism offenses to the money laundering statute. (Sec. 727) Sets penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threatening to assault, kidnap, or murder former Federal officers and employees. Specifies that Federal criminal code provisions regarding influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member shall not interfere with the investigative authority of the United States Secret Service. Revises a provision regarding the meaning of the term "deadly or dangerous weapon" in the prohibition against assaulting Federal officers or employees to include a weapon intended to cause death or danger but that fails to do so by reason of a defective component. (Sec. 728) Includes among the aggravating factors for homicide that the defendant intentionally killed or attempted to kill more than one person in a single criminal episode. (Sec. 729) Specifies that the time period in which a detention hearing must be held does not include weekends and legal holidays. (Sec. 730) Directs the Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. (Sec. 731) Excludes from the definition of "electronic information" for purposes of wiretap-related definitions electronic funds transfer information stored by a financial institution in a communications system used for the electronic storage and transfer of funds. (Sec. 732) Directs the Secretary to conduct a study of: (1) the tagging of explosive materials for purposes of detection and identification; (2) the feasibility and practicability of rendering common chemicals used to manufacture explosive materials inert and of imposing controls on certain precursor chemicals used to manufacture explosive materials; and (3) State licensing requirements for the purchase and use of commercial high explosives. Prohibits inclusion of black or smokeless powder among the explosive materials considered within any such study or regulation proposed thereunder. Requires the Secretary, in conducting: (1) such study to consult with Federal, State, and local officials with expertise in the area of chemicals used to manufacture explosive materials; and (2) any portion of such study relating to the regulation and use of fertilizer as a pre-explosive material, explosive material, to consult with and receive input from nonprofit fertilizer research centers. Sets forth provisions regarding: (1) reporting requirements; (2) hearings; and (3) regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States under specified circumstances. Title VIII: Assistance to Law Enforcement - Subtitle A: Resources and Security - Authorizes the Attorney General and the Secretary to support law enforcement training activities in foreign countries, subject to the concurrence of the Secretary of State, for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses. (Sec. 802) Expresses the sense of the Congress that each recipient of any sum authorized to be appropriated by this Act should use the money to purchase American-made products. (Sec. 803) Authorizes the Attorney General and the Secretary to prohibit: (1) any vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia used by law enforcement authorities subject to their jurisdiction, that is in whole or in part owned, possessed, or leased to the Federal Government; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 804) Requires: (1) a provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, to take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process; and (2) that such records be retained for a 90-day period, which shall be extended for an additional 90-day period upon a renewed request by the governmental entity. (Sec. 805) Directs the Commission to: (1) review and report to the Congress on the deterrent effect of existing guideline levels as they apply to prohibitions against accessing a Federal interest computer without authorization, exceeding authorized access to further a fraud and obtain anything of value, or damaging a computer or program under specified circumstances; and (2) promulgate guidelines that will ensure that individuals convicted of such offenses are incarcerated for not less than six months. (Sec. 806) Establishes the Commission on the Advancement of Federal Law Enforcement. Sets forth the duties of such Commission, including reviewing, evaluating, and recommending congressional action on: (1) Federal law enforcement priorities for the 21st century, including Federal law enforcement capability to investigate and deter adequately the threat of terrorism facing the United States; (2) the manner in which significant Federal criminal law enforcement operations are conceived, planned, coordinated, and executed; (3) the independent accountability mechanisms that exist, if any, and their efficacy to investigate, address, and correct Federal law enforcement; and (4) the extent to which Federal law enforcement agencies coordinate with State and local law enforcement agencies on operations and programs that directly affect the latter's geographical jurisdiction. (Sec. 807) Directs the Secretary to: (1) study the use and holding of U.S. currency in foreign countries; and (2) develop useful estimates of the amount of counterfeit U.S. currency that circulates outside the United States each year. Requires the Secretary to develop an effective international evaluation audit plan. Sets forth provisions regarding: (1) timetables for the submission of a detailed written summary of the plan and the first and subsequent audits; (2) reporting requirements; and (3) a sunset provision. Directs the Secretary of State to: (1) consider in a timely manner the Secretary's request for the placement of such number of Secret Service agents as the Secretary considers appropriate in posts in overseas embassies; and (2) reach an agreement with the Secretary on such posts as soon as possible, but not later than December 31, 1996. Directs the Commission to amend the sentencing guidelines to provide an appropriate enhancement of the punishment for a defendant convicted of counterfeiting U.S. currency outside the United States. (Sec. 808) Directs the Attorney General to: (1) collect data for the calendar year 1990 and each succeeding calendar year thereafter, relating to crimes and incidents of threats and acts of violence against Federal, State, and local government employees and their families in the performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data collected, which shall otherwise be used only for research and statistical purposes. Specifies that the Attorney General, the Secretary of State, and the Secret Service are not required to participate in any statistical reporting activity regarding any threats made against any individual for whom that official or the Service is authorized to provide protection. (Sec. 809) Directs the Secretary to conduct a study and make recommendations concerning: (1) the extent and nature of the deaths and serious injuries of law enforcement officers in the line of duty during the last decade; (2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and (3) the calibers of ammunition that are sold in the greatest quantities, their common uses, the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non-law enforcement sales of such ammunition if such ammunition is capable of penetrating minimum level bullet resistant vests, and recommendations for increases in body armor capabilities to further protect law enforcement from that threat. Authorizes appropriations. (Sec. 810) Directs the Attorney General and the Director of the Federal Bureau of Investigation (FBI) to study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices and to report to the Congress: (1) findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications; (2) a summary of instances in which Federal law enforcement authorities may have abused electronic surveillance powers and recommendations (if needed) for constitutional safeguards relating to the use of such powers; and (3) a summary of efforts to use current wiretap authority. Subtitle B: Funding Authorizations for Law Enforcement - Directs the Attorney General to: (1) enhance the technical support center and tactical operations of the FBI; (2) create an FBI counterterrorism and counterintelligence fund for costs associated with the investigation of terrorism cases; (3) improve the instructional, operational support, and construction of the FBI Academy; (4) construct an FBI laboratory; and (5) increase personnel to support counterterrorism activities. Authorizes the FBI Director to expand the combined DNA Identification System (CODIS) to include Federal crimes and crimes committed in the District of Columbia. Authorizes the Attorney General to make grants to eligible States to be used by the chief executive officer of the State, in conjunction with units of local government, other States, or any combination thereof, to establish, develop, update, or upgrade: (1) computerized identification systems that are compatible and integrated with the databases of the FBI's National Crime Information Center; (2) the capability to analyze deoxyribonucleic acid in a forensic laboratory in ways that are compatible and integrated with CODIS; and (3) automated fingerprint identification systems that are compatible and integrated with the FBI's Integrated Automated Fingerprint Identification System. Conditions grant eligibility on a State requirement that persons convicted of a felony of a sexual nature provide a specimen for DNA analysis. Authorizes appropriations for FBI activities to combat terrorism and provides for the allocation of funds among the States. (Sec. 812) Authorizes appropriations: (1) to help meet the increased needs of the United States Customs Service and INS, including for the detention and removal of alien terrorists; and (2) for the Drug Enforcement Administration (DEA) to fund anti-violence crime initiatives, to fund initiatives to address major violators of Federal anti-drug statutes, and to enhance or replace DEA infrastructure. (Sec. 815) Authorizes appropriations for DOJ to hire additional Assistant U.S. Attorneys and attorneys within the Criminal Division and to provide for increased security at courthouses and other facilities in which Federal workers are employed. Authorizes the Attorney General to pay rewards and receive from any department or agency funds for the payment of rewards to any individual who assists DOJ in performing its functions. (Sec. 816) Authorizes appropriations for: (1) Department of the Treasury law enforcement agencies to augment counterterrorism efforts; (2) the Secret Service; (3) the United States Park Police; (4) the Judiciary; and (5) specialized training and equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. (Sec. 820) Authorizes appropriations to the National Institute of Justice's Office of Science and Technology to: (1) provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or U.S. nationals assistance in obtaining explosive detection devices and other counterterrorism technology, conducting research and development projects on such technology, and testing and evaluating counterterrorism technologies in those countries; and (2) develop technologies that can be used to combat terrorism, develop standards to ensure the adequacy of products produced and compatibility with relevant national systems, and identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. (Sec. 822) Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Director of the Bureau of Justice Assistance to make grants under the drug control and system improvement grant program to develop and implement antiterrorism training programs and to procure equipment for use by local law enforcement authorities. Authorizes appropriations. (Sec. 823) Permits appropriations for activities authorized in this subtitle to be made from the Violent Crime Reduction Trust Fund. Title IX: Miscellaneous - Declares that all the territorial sea of the United States is part of the United States, is subject to its sovereignty, and, for purposes of Federal criminal jurisdiction, is within its special maritime and territorial jurisdiction. Provides that whoever commits specified crimes on, above, or below any portion of the U.S. territorial sea which would be punishable if committed within the jurisdiction of the State, territory, possession, or district in which the location would be situated if boundaries were extended seaward, shall be guilty of a like offense and subject to a like punishment. (Sec. 902) Prohibits a Federal, State, or local government agency from using a voter registration card (or other related document) that evidences registration for an election for Federal office as evidence to prove U.S. citizenship. (Sec. 903) Amends the Federal criminal code to add provisions requiring that information regarding fees for representation in any case be made available to the public. Revises CSA provisions regarding attorney compensation to direct that appointed counsel be compensated at an hourly rate of not more than $125 for in-court and out-of-court time. Authorizes the Judicial Conference to raise the maximum for hourly payment according to a specified formula. Limits fees and expenses paid for investigative, expert, and other reasonably necessary services authorized to $7,500, with exceptions. (Sec. 904) Makes the provisions of, and amendments to, this Act severable.

36 Passed House amended May 7, 2001

TABLE OF CONTENTS: Title I: Criminal Acts Title II: Increased Penalties Title III: Investigative Tools Title IV: Nuclear Materials Title V: Convention on the Marking of Plastic Explosives Title VI: Immigration-Related Provisions Subtitle A: Removal of Alien Terrorists Subtitle B: Expedited Exclusion Subtitle C: Improved Information and Processing Subtitle D: Employee Verification by Security Services Companies Subtitle E: Criminal Alien Deportation Improvements Title VII: Authorization and Funding Title VIII: Miscellaneous Title IX: Habeas Corpus Reform Title X: International Counterfeiting Title XI: Biological Weapons Restrictions Title XII: Commission on the Advancement of Federal Law Enforcement Title XIII: Representation Fees Title XIV: Death Penalty Aggravating Factor Title XV: Financial Transactions With Terrorists Effective Death Penalty and Public Safety Act of 1996 - Title I: Criminal Acts - Amends the Federal criminal code to set penalties for: (1) killing or attempting to kill any U.S. officer engaged in, or on account of, the performance of official duties or any person assisting such an officer or employee; and (2) threatening to assault, kidnap, or murder former Federal officers and employees. (Sec. 102) Sets penalties for providing material support to terrorist organizations. (Sec. 103) Modifies existing provisions setting penalties for providing material support to terrorists, including by: (1) eliminating language that excludes from the definition of "material support or resources" humanitarian assistance to persons not directly involved in violations; and (2) adding language to exclude from such definition medicine or religious materials. (Sec. 104) Imposes penalties for acts of terrorism transcending national boundaries, including creating a substantial risk of serious bodily injury to another by attempting or conspiring to destroy or damage any structure, conveyance, or other real or personal property within the United States in violation of State or Federal law. Sets forth provisions regarding limits on prosecution, proof requirements, extraterritorial jurisdiction, the statute of limitations, and detention. Grants the Attorney General primary investigative responsibility for all "Federal crimes of terrorism" (defined as an offense that is calculated to influence or affect the conduct of government by intimidation or coercion or to retaliate against government conduct and that is a violation of specified provisions of the Federal criminal code, the Atomic Energy Act of 1954, or other Federal law). Directs the Secretary of the Treasury (Secretary) to assist the Attorney General at the Attorney General's request. (Sec. 105) Revises provisions prohibiting injuring property of a foreign government to set penalties for conspiring to kill, kidnap, maim, or injure people in a foreign government. (Sec. 106) Makes penalties imposed upon an individual committing an offense on an aircraft in flight outside the special aircraft jurisdiction of the United States applicable regardless of whether such individual is later found in the United States. Grants jurisdiction over such an offense if: (1) a U.S. national was or would have been on board the aircraft; (2) an offender is a U.S. national; or (3) an offender is found in the United States. Provides that if the victim of specified offenses is an internationally protected person outside the United States, the United States may exercise jurisdiction if: (1) the victim is a representative, officer, employee, or agent of the United States; (2) an offender is a U.S. national; or (3) an offender is found in the United States. (Sec. 107) Modifies provisions regarding the use of weapons of mass destruction to include threats to use such weapons and to specify that, to violate such provisions, such use must be without lawful authority and the results of such use must affect (or in the case of a threat, attempt, or conspiracy, would have affected) interstate or foreign commerce. Includes within the definition of "weapon of mass destruction" any weapon designed to cause death or serious bodily injury through the release, dissemination, or impact of toxic or poisonous chemicals or their precursors. Imposes penalties (including the death penalty, if death results) upon any U.S. national who, without lawful authority and outside the United States, uses, or threatens, attempts, or conspires to use, a weapon of mass destruction. (Sec. 108) Adds terrorism offenses to the money laundering statute. (Sec. 109) Expands Federal jurisdiction over bomb threats. (Sec. 110) Provides that there is U.S. jurisdiction over specified maritime violence: (1) regardless of whether the activity is prohibited by the State in which it takes place; and (2) committed by a U.S. national or by a stateless person whose habitual residence is in the United States, regardless of whether the activity takes place on a ship flying the flag of a foreign country or outside the United States. (Sec. 111) Prohibits the possession, or pledge or acceptance as security for a loan, of stolen explosive materials moving in interstate or foreign commerce. (Sec. 112) Directs the Secretary to conduct a study and make recommendations concerning: (1) the extent and nature of the deaths and serious injuries of law enforcement officers in the line of duty during the last decade; (2) whether current passive defensive strategies, such as body armor, are adequate to counter the criminal use of firearms against law officers; and (3) the calibers of ammunition that are sold in the greatest quantities, their common uses, the calibers commonly used for civilian defensive or sporting uses that would be affected by any prohibition on non-law enforcement sales of such ammunition if such ammunition is capable of penetrating minimum level bullet resistant vests, and recommendations for increases in body armor capabilities to further protect law enforcement from that threat. Authorizes appropriations. Title II: Increased Penalties - Revises provisions of the Federal criminal code regarding mandatory minimum sentences for certain explosives offenses to eliminate the malice requirement and increase penalties. Extends the statute of limitations to seven years for specified arson and explosives offenses. (Sec. 202) Increases penalties for explosives conspiracies. (Sec. 203) Sets penalties for conspiring to commit various terrorism-related offenses. (Sec. 204) Revises provisions regarding transferring a firearm knowing that it will be used to commit a crime of violence to subject violators to the same penalties as may be imposed on a transferee for a first conviction for the use or carrying of the firearm. (Sec. 205) Subjects whoever transfers explosive materials, knowing or having reasonable cause to believe that such materials will be used to commit a crime of violence or drug trafficking crime, to the same penalties as may be imposed for a first conviction for the use or carrying of the explosive materials. (Sec. 206) Directs the United States Sentencing Commission to amend the sentencing guidelines so that the adjustment relating to international terrorism only applies to Federal crimes of terrorism. (Sec. 207) Directs such Commission to amend such guidelines (and, if appropriate, the policy statements of the Commission) to provide for enhanced penalties for a defendant who commits a crime while in possession of a firearm with a laser sighting device. Title III: Investigative Tools - Requires the Attorney General to conduct a study concerning: (1) the tagging of explosive materials for purposes of detection and identification; (2) technology for devices to improve the detection of explosives materials; (3) whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it; and (4) whether controls can be imposed on certain precursor chemicals used to manufacture explosive materials and whether it is feasible to require it. Prohibits such study from including black or smokeless powder among the explosive materials considered. (Sec. 302) Excludes from the definition of "electronic information" for purposes of wiretap-related definitions information stored in a communications system used for the electronic storage and transfer of funds. (Sec. 303) Establishes a requirement for providers of wire or electronic communication services to preserve record evidence. (Sec. 304) Provides that, except for good cause, a continuance on motion of the person in a detention hearing may not exceed five days and a continuance on motion of the attorney for the Government may not exceed three days (as under current law), not including any intermediate Saturday, Sunday, or legal holiday. (Sec. 305) Authorizes the Attorney General to prohibit: (1) vehicles from parking or standing on any street or roadway adjacent to any building in the District of Columbia which is wholly or partly owned, possessed, used by, or leased to the Federal Government and used by Federal law enforcement authorities; and (2) any person or entity from conducting business on any property immediately adjacent to any such building. (Sec. 306) Directs the Attorney General to study and report to the Congress on the extent of thefts from military arsenals of firearms, explosives, and other materials that are potentially useful to terrorists. Title IV: Nuclear Materials - Amends the Federal criminal code to expand the scope of provisions regarding prohibited transactions involving nuclear materials (for example, to include nuclear byproduct material) and the jurisdictional bases (such as to cover a situation where an offender or a victim is a U.S. national or a U.S. corporation or other legal entity). Title V: Convention on the Marking of Plastic Explosives - Amends the Federal criminal code to prohibit (with exceptions) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent. Prohibits any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this title, from failing to report to the Secretary the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 503) Sets forth: (1) penalties for violations of this title; and (2) affirmative defenses. Title VI: Immigration-Related Provisions - Subtitle A: Removal of Alien Terrorists - Part 1: Removal Procedures for Alien Terrorists - Authorizes appropriations to the Immigration and Naturalization Service (INS) for the purpose of detaining and deporting alien terrorists. Part 2: Exclusion and Denial of Asylum for Alien Terrorists - Prohibits the Attorney General from granting asylum to alien terrorists. Denies other specified deportation relief for alien terrorists. Subtitle B: Expedited Exclusion - Authorizes the examining immigration officer, upon determining that an alien seeking entry is excludable under specified provisions (with respect to misrepresentation or insufficient documentation) and does not indicate either an intention to apply for asylum or a fear of persecution, to order the alien excluded from the United States without further hearing or review. Directs the Attorney General to promulgate regulations to provide for the immediate review by a supervisory asylum office at the port of entry of a determination that an alien does not have a credible fear of persecution. (Sec. 622) Sets forth provisions regarding: (1) limits on judicial review, including preclusion of collateral attacks on the validity of orders of exclusion, special exclusion, or deportation pursuant to this title; and (2) exclusion of aliens who have not been inspected and admitted. Subtitle C: Improved Information and Processing - Part 1: Immigration Procedures - Allows the Attorney General (and, in some cases, an employee or official of the Department of Justice) to authorize an application to a Federal court of competent jurisdiction for, and allows a judge of such court to grant, an order authorizing disclosure of information contained in an alien's application for adjustment of status under the legalization program or under the special agricultural worker program for: (1) identification of an alien believed to have been killed or severely incapacitated; or (2) criminal law enforcement purposes against the alien if the alleged criminal activity occurred after the application was filed and such activity involves terrorist activity or poses an immediate risk to life or national security or would be prosecutable as an aggravated felony, without regard to the length of sentence that could be imposed on the applicant. (Sec. 632) Authorizes the Secretary of State to waive the application of provisions regarding notice of denial of visa applications in the case of a particular alien or any class or classes of aliens excludable on criminal or security and related grounds. Part 2: Asset Forfeiture for Passport and Visa Offenses - Amends the Federal criminal code to provide for: (1) criminal forfeiture for passport and visa related offenses; and (2) subpoenas for bank records for specified offenses, such as for fraud and related activity in connection with identification documents. Subtitle D: Employee Verification by Security Services Companies - Makes provisions prohibiting potential employers of foreign nationals from requesting additional or different documentation inapplicable to a request made in connection with an individual seeking employment in a company engaged in the business of providing security services to protect persons, institutions, buildings, or other possible targets of terrorism. Subtitle E: Criminal Alien Deportation Improvements - Criminal Alien Deportation Improvements Act of 1995 - Amends the Immigration and Nationality Act (INA), as amended by the Immigration and Nationality Technical Corrections Act of 1994, to expand the definition of "aggravated felony." (Sec. 663) Subjects a conditional permanent resident alien convicted of an aggravated felony to expedited deportation. (Sec. 664) Revises the seven-year residency defense against a deportation or exclusion order to permit deportation or exclusion of a permanent resident alien who has been sentenced (currently, imprisoned) to five or more years for an aggravated felony. (Sec. 665) Limits collateral attacks on deportation orders. (Sec. 666) Amends the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to: (1) rename the criminal alien tracking center as the criminal alien identification system; (2) specify that the system shall be used to identify and locate deportable aliens who have committed aggravated felonies; and (3) transfer the system from the Attorney General to the Commissioner of the INS. (Sec. 667) Amends the Federal criminal code to: (1) bring certain alien smuggling-related crimes under the purview of the Racketeer Influenced and Corrupt Organizations Act; and (2) authorize wiretaps for alien smuggling investigations. (Sec. 669) Amends the INA to: (1) expand the criteria for deportation for crimes of moral turpitude; and (2) permit the use of electronic and telephonic media in deportation hearings. (Sec. 672) Directs the Secretary of State and the Attorney General to report on the effectiveness of the Prisoners Transfer Treaty with Mexico. (Sec. 673) Directs the Attorney General to designate a Department of Justice office which shall provide State and local entities with technical and prosecutorial assistance with respect to aliens who flee prosecution for crimes committed in the United States. (Sec. 674) Advises the President to negotiate bilateral prisoner transfer treaties. Requires annual presidential certification that a treaty is effectively returning illegal aliens incarcerated in the United States to finish their prison term in their home country. (Sec. 675) Directs the Attorney General and the Commissioner of Immigration and Naturalization to develop an interior (home country) repatriation program. (Sec. 676) Amends the INA to authorize deportation of nonviolent offenders prior to Federal or State sentence completion. (Sec. 677) Authorizes State and local law enforcement officials, to the extent permitted by relevant State and local law, to arrest and detain an illegal alien who has previously been convicted of a felony in the United States and who has been deported from or left the United States after such conviction, after obtaining appropriate confirmation from the INS of such individual's status, for such time as may be required for the INS to take that individual into Federal custody for purposes of deporting or removing the alien from the United States. Directs the Attorney General to cooperate with the States to assure that information in the Attorney General's control, including information in the National Crime Information Center, that would assist State and local law enforcement officials in carrying out such duties is made available to such officials. Title VII: Authorization and Funding - Authorizes the Attorney General to award grants to provide specialized training or equipment to enhance the capability of metropolitan fire and emergency service departments to respond to terrorist attacks. Authorizes appropriations for FY 1996. (Sec. 702) Authorizes appropriations for FY 1996 and 1997 to the President to provide to foreign countries facing an imminent danger of terrorist attack that threatens the U.S. national interest or puts U.S. nationals at risk assistance in: (1) obtaining explosive detection devices and other counter-terrorism technology; and (2) conducting research and development projects on such technology. (Sec. 703) Authorizes appropriations to the National Institute of Justice Science and Technology Office to: (1) develop technologies that can be used to combat terrorism; (2) develop standards to ensure the adequacy of products and compatibility with relevant national systems; and (3) identify and assess requirements for technologies to assist State and local law enforcement in the national program to combat terrorism. (Sec. 704) Expresses the sense of the Congress that, whenever practicable, recipients of any sums authorized to be appropriated by this Act should use the money to purchase American-made products. Title VIII: Miscellaneous - Directs the Secretary to study and report to the Congress on State licensing requirements for the purchase and use of commercial high explosives. (Sec. 802) Amends the Victims of Crime Act of 1984 to provide for the compensation of victims of terrorism. (Sec. 803) Amends the Federal judicial code to make an exception to foreign sovereign immunity in certain cases in which money damages are sought against a foreign state for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources for such an act, where undertaken by an official, employee, or agent of a foreign country while acting within the scope of his office, employment, or agency. Prohibits any action from being maintained under such provision unless the action is commenced not later than ten years after the date on which the cause of action arose. Requires that all principles of equitable tolling, including the period during which the foreign state was immune from suit, apply in calculating this limitation period. Makes an exception to immunity from attachment where the judgement relates to a claim for which the foreign state is not immune under such provision, regardless of whether the property is or was involved with the act upon which the claim is based. (Sec. 804) Directs the Attorney General to study and report to the Congress concerning: (1) the extent to which there is available to the public material that instructs how to make bombs, destructive devices, and weapons of mass destruction and the extent to which information gained from such material has been used in incidents of domestic and international terrorism; (2) the likelihood that such information may be used in future terrorism incidents; and (3) the application of existing Federal laws to such material, any need and utility for additional laws, and an assessment of the extent to which the First Amendment protects such material and its private and commercial distribution. (Sec. 805) Directs the Attorney General to: (1) acquire data for the calendar year 1990 and each succeeding calendar year about crimes and incidents of threats and acts of violence against Federal, State, and local government employees in performance of their lawful duties; (2) establish guidelines for the collection of such data; and (3) publish an annual summary of the data, which shall otherwise be used only for research and statistical purposes. Specifies that the United States Secret Service is not required to participate in any statistical reporting activity regarding any threats made against any individual for whom the Service is authorized to provide protection. (Sec. 806) Victim Restitution Act of 1995 - Amends the Federal criminal code to require (current law authorizes) the court to order restitution of the victim when a convicted defendant is being sentenced for specified offenses. Specifies that such requirement does not affect the power of the court to impose any other penalty authorized by law. Permits the court, in the case of a misdemeanor, to impose restitution in lieu of any other penalty authorized by law. Authorizes a court to order restitution of any person who, as shown by a preponderance of the evidence, was harmed physically, emotionally, or pecuniarily by unlawful conduct of the defendant during the offense or during the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense. Mandates that a restitution order require the defendant to reimburse the victim for necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of the offense or attendance at related proceedings. Directs the court: (1) to order restitution in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim is entitled to receive compensation from insurance or any other source; and (2) upon determination of the amount owed to each victim, to specify in the restitution order the manner of, and schedule for, restitution in consideration of the financial resources and other assets, projected earnings and other income, and financial obligations of the offender. Specifies that: (1) a restoration order may direct the offender to make a single, lump-sum payment, partial payments at specified intervals, or such in-kind payments as may be agreeable to the victim and the offender and shall direct the offender to give appropriate notice to victims and other persons in cases where there are multiple victims or other persons who may receive restitution and where the identity of such victims and other persons can be reasonably determined; and (2) such in-kind payments may be in the form of the return or replacement of property or the provision of services to the victim or another person or organization. Provides that when the court finds that: (1) more than one offender has contributed to the loss of a victim, the court may make each offender liable for payment of the full amount or may apportion liability among the offenders to reflect the level of contribution and economic circumstances of each offender; and (2) more than one victim has sustained a loss requiring restitution by an offender, the court shall order full restitution of each victim but provide for different payment schedules to reflect the economic circumstances of each victim. Sets forth provisions regarding: (1) compensation with respect to losses from insurance or other sources; (2) set-offs against amounts later recovered as compensatory damages by the victim in Federal and State civil proceedings; and (3) payment by the offender to an entity designated by the Director of the Administrative Office of the United States Courts for accounting and payment in accordance with this section. Specifies that a restitution order shall constitute a lien against all property of the offender. Makes compliance with a restitution order a condition of any probation, parole, or other form of release of an offender. Specifies actions the court may take, including revocation of probation or supervised release, if a defendant fails to comply. Provides for enforcement of restitution orders. Authorizes: (1) a victim or the offender to petition the court to modify a restitution order in view of a change in the economic circumstances of the offender; and (2) the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court. (Sec. 807) Authorizes the Director of the Federal Bureau of Investigation (FBI) to support law enforcement training activities in foreign countries for the purpose of improving the effectiveness of the United States in investigating and prosecuting transnational offenses. (Sec. 808) Allows the courts involved to order closed circuit televising of the proceedings of a criminal trial to permit crime victims to watch the proceedings in cases where the venue is moved out of State, if more than 350 miles from the location in which those proceedings originally would have taken place, if donations will defray the cost and if other conditions are met. Prohibits rebroadcast of such proceedings. Limits access to such broadcast. Authorizes the Administrative Office of the United States Courts to accept donations to enable the courts to carry out such provision, but bars the use of appropriated money for such purpose. (Sec. 809) Authorizes appropriations for each of FY 1996 through 2000 to the FBI to: (1) hire additional personnel and procure equipment to support expanded investigations of domestic and international terrorism activities; (2) establish a Domestic Counterterrorism Center; and (3) cover costs associated with providing law enforcement coverage of public events offering the potential of being targeted by domestic or international terrorists. Title IX: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 902) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, any appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a constitutional right. (Sec. 904) Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that, but for constitutional error, no reasonable fact finder would have found the applicant guilty of the underlying offense. (Sec. 905) Sets forth provisions regarding limitations on second or successive applications. (Sec. 907) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of an application for habeas corpus brought in a capital case not later than 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such petition within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition or other request for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Requires the Administrative Office of United States Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. (Sec. 908) Amends the Controlled Substances Act (CSA) to allow the court, upon a finding that investigative, expert, or other services are reasonably necessary for the representation of a defendant in a criminal action in which a defendant is charged with a crime which may be punishable by death and in certain post-conviction proceedings, to authorize the defendant's attorneys to obtain such services on behalf of the defendant and order the payment of fees and expenses. Prohibits any ex parte proceeding, communication, or request (proceeding) from being considered unless a proper showing is made concerning the need for confidentiality. Requires that any such proceeding be transcribed and made a part of the record available for appellate review. Title X: International Counterfeiting - International Counterfeiting Prevention Act of 1996 - Directs the Secretary to: (1) study the use and holding of U.S. currency in foreign countries; and (2) develop useful estimates of the amount of counterfeit U.S. currency that circulates outside the United States each year. Requires the Secretary to develop an effective international evaluation audit plan. Sets forth provisions regarding: (1) timetables for the submission of a detailed written summary of the plan and the first and subsequent audits; (2) reporting requirements; (3) and a sunset provision. (Sec. 1003) Directs the Secretary of State to: (1) consider in a timely manner the Secretary's request for the placement of such number of Secret Service agents as the Secretary considers appropriate in posts in overseas embassies; and (2) reach an agreement with the Secretary on such posts as soon as possible, but not later than December 31, 1996. Sets forth provisions regarding: (1) cooperation of the Secretary in providing information requested by the Secretary of State; and (2) reporting requirements. Directs the Sentencing Commission to amend the sentencing guidelines to provide an appropriate enhancement of the punishment for a defendant convicted of counterfeiting U.S. currency outside the United States. Title XI: Biological Weapons Restrictions - Biological Weapons Enhanced Penalties Act of 1996 - Amends the Federal criminal code to include within the scope of prohibitions regarding biological weapons attempts to acquire a biological agent, toxin, or delivery system for use as a weapon. (Sec. 1103) Adds recombinant molecules to the agents, toxins, or delivery systems that may not lawfully be developed, produced, stockpiled, transferred, acquired, retained, or possessed. (Sec. 1105) Includes within the scope of prohibitions regarding the use of weapons of mass destruction threatening to use such weapons. (Sec. 1106) Modifies the definition of "weapon of mass destruction" to include any weapon involving a biological agent or toxin. Title XII: Commission on the Advancement of Federal Law Enforcement - Establishes the Commission on the Advancement of Federal Law Enforcement. (Sec. 1202) Sets forth the duties of the Commission, including investigating and recommending congressional action on: (1) the manner in which significant Federal criminal law enforcement operations are conceived, planned, coordinated, and executed; (2) the standards and procedures used by Federal law enforcement to carry out significant Federal criminal law enforcement operations; (3) the criminal investigation and handling by the U.S. Government and the Federal law enforcement agencies regarding the standoff in Waco, Texas, which ended in the deaths of over 80 civilians on April 19, 1993; and (4) the extent to which Federal law enforcement agencies have attempted to pursue community outreach efforts that provide meaningful input into the shaping and formation of agency policy. (Sec. 1203) Sets forth provisions regarding: (1) membership and administration of the Commission; (2) staffing and support functions; (3) powers and termination of the Commission; and (4) reporting requirements. Title XIII: Representation Fees - Amends: (1) the Federal criminal code to add provisions requiring that information regarding fees for representation in any case be made available to the public; and (2) the CSA to revise attorney compensation provisions to direct that appointed counsel be compensated at an hourly rate of not less than $75 nor more than $125 for in-court and out-of-court time and that fees and expenses paid for investigative, expert, and other reasonably necessary services be at rates and in amounts authorized under the code. Title XIV: Death Penalty Aggravating Factor - Amends the Federal criminal code to include among the aggravating factors for homicide that the defendant intentionally killed or attempted to kill more than one person in a single criminal episode. Title XV: Financial Transactions With Terrorists - Imposes penalties upon U.S. persons who engage in a financial transaction with a country, knowing or having reasonable cause to know that such country has been designated under the Export Administration Act as a country supporting international terrorism, with exceptions.

35 Passed Senate amended May 7, 2001

TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Combating International Terrorism Title III: Alien Removal Title IV: Control of Fundraising for Terrorism Activities Title V: Assistance to Federal Law Enforcement Agencies Subtitle A: Antiterrorism Assistance Subtitle B: Intelligence and Investigation Enhancements Subtitle C: Additional Funding for Law Enforcement Title VI: Criminal Procedural Improvements Subtitle A: Habeas Corpus Reform Subtitle B: Criminal Procedural Improvements Title VII: Marking of Plastic Explosives Title VIII: Nuclear Materials Title IX: Miscellaneous Provisions Title X: Victims of Terrorism Act Comprehensive Terrorism Prevention Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified offenses, including the murder of foreign officials, official guests, or internationally protected persons; and (3) the use of explosives or arson. (Sec. 102) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, and detention. Expands a provision regarding destruction or injury of buildings or property within special maritime and territorial jurisdiction to cover any structure, conveyance, or other real or personal property. (Sec. 103) Sets penalties for conspiring to kill, kidnap, or maim people in (currently limited to injuring property of) a foreign government. (Sec. 104) Increases penalties for specified terrorism crimes, including carrying weapons or explosives on an aircraft. (Sec. 105) Sets a mandatory penalty for transferring an explosive material knowing that it will be used to commit a crime of violence or drug trafficking crime. (Sec. 106) Revises penalties regarding receipt of stolen explosives to prohibit possessing, pledging, or accepting as security for a loan any stolen explosive material that is moving in interstate or foreign commerce. (Sec. 107) Increases penalties for the use of explosives or committing arson, including establishing a mandatory minimum of five years' imprisonment. Authorizes the court to order a fine of up to $100,000 or the cost of repairing or replacing any property damaged or destroyed. Provides for enhanced penalties for engaging in prohibited conduct under this section which causes personal injury to any person (imprisonment of seven to forty years and a fine of up to $200,000 or the cost of repairing or replacing any property damaged or destroyed) and for causing the death of any person (including the death sentence). (Sec. 108) Increases the periods of limitation for National Firearms Act violations. Title II: Combating International Terrorism - Amends: (1) the Foreign Assistance Act of 1961 (FAA) to prohibit providing assistance to the governments of countries that aid (including providing military equipment to) terrorist states, with exceptions by presidential waiver when in the national interest; and (2) the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 205) Revises FAA provisions regarding antiterrorism assistance to permit arms and ammunition to be provided under such provisions only if they are directly related to antiterrorism assistance. Limits the value of equipment and commodities provided. Repeals a prohibition on using such funds for personnel compensation or benefits. Makes up to $3 million in any fiscal year available to procure explosives detection devices and other counterterrorism technology and for joint counterterrorism research and development projects on such technology conducted with the North Atlantic Treaty Organization (NATO) and major non-NATO allies under the auspices of the Technical Support Working Group of the Department of State. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 206) Amends the Federal judicial code to make exceptions to: (1) foreign sovereign immunity for certain cases in which money damages are sought against a foreign government for personal injury or death caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or the provision of material support or resources to terrorists; and (2) immunity from attachment with respect to a foreign state or an agency or instrumentality of such state. (Sec. 207) Directs the Secretary of State to provide annual reports to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations that include: (1) detailed assessments of international terrorist groups, any country that provided support for international terrorism, individual country efforts to take effective action against state sponsors of terrorism, and U.S. Government efforts to implement this title. (Sec. 208) Defines "assistance" to mean assistance (excluding international disaster assistance) to or for the benefit of a government of any country that is provided by any means on terms more favorable than generally available in the applicable market. (Sec. 209) Amends the Immigration and Nationality Act (INA) to grant the Secretary of State authority to waive requirements concerning notice of denial of a visa application, or for admission or adjustment of status, in the case of a particular alien or any class or classes of excludable aliens, except in cases of intent to immigrate. (Sec. 210) Makes membership in a terrorist organization a basis for exclusion from the United States under the INA. Title III: Alien Removal - Amends the INA to establish procedures for the removal of alien terrorists. Authorizes the Attorney General to take into custody and retain in custody any alien with respect to whom the Attorney General certifies, under seal to a special court (created by this title), that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding under this title; (2) an alien terrorist is physically present in the United States; and (3) removal of such alien terrorist by normal deportation proceedings would pose a risk to U.S. national security by disclosing classified information. Requires the Chief Justice of the United States to publicly designate not more than five judges from up to five U.S. judicial districts to hear and decide cases arising under this title. Sets forth provisions regarding: (1) custody and release pending a hearing; (2) special court procedures; and (3) the special removal hearing. Specifies that, with respect to the special removal hearing, an alien subject to removal shall have no right: (1) of discovery of information derived from electronic surveillance authorized under the Foreign Intelligence Surveillance Act of 1978 or otherwise for national security purposes if disclosure would present a risk to the national security; or (2) to seek the suppression of evidence that the alien alleges was unlawfully obtained, except on grounds of credibility or relevance. Authorizes the Government to use, in the removal proceedings, the fruits of electronic surveillance and unconsented physical searches authorized under such Act. Makes provisions of the Federal criminal code regarding litigation concerning sources of evidence inapplicable to procedures under this title if the Attorney General determines that public disclosure would pose a risk to national security because it would disclose classified information. Directs: (1) the judge to authorize the introduction in camera and ex parte of any evidence the public disclosure of which the Attorney General determines would pose a risk to national security because it would disclose classified information; and (2) the Attorney General to submit to the court an unclassified summary of the specific evidence and (if approved by the judge) deliver a copy to the alien. Sets forth procedures regarding: (1) revision of the unclassified summary if not approved by the court and termination of the proceeding under specified conditions; (2) determination of deportation; (3) release of the alien from custody under specified conditions; (4) appeals; and (5) extradition of aliens. (Sec. 303) Revises INA provisions regarding terrorist activities, including the definitions of "terrorism activity," "terrorist organization," and "terrorism." Considers an alien who is an officer, official, representative, or spokesman of any terrorist organization by proclamation by the President after finding such organization to be detrimental to the interest of the United States to be engaged in terrorism activity. Specifies that an alien who is not lawfully admitted for permanent residence shall not have the right to access to classified information, whether or not introduced in evidence against the alien, except that any deportation proceeding which involves the use of classified evidence shall be conducted in accordance with specified procedures under the Federal criminal code and the Foreign Intelligence Surveillance Act. Provides that any final order of deportation against an alien who is deportable by reason of having committed specified criminal offenses shall not be subject to review by any court. Makes such an order final upon the earlier of a determination by the Board of Immigration Appeals affirming such order, or the expiration of the period in which the alien is permitted to seek review of such order by the Board. Expands the range of offenses for which the Attorney General shall take an alien convicted of a crime into custody upon release (currently, limited to aggravated felonies) for deportation as expeditiously as possible. Repeals provisions under which the Attorney General may release an alien who demonstrates that he or she is not a threat to the community and is likely to appear before any scheduled hearings. Revises provisions regarding: (1) nonapplicability of requirements that aliens be ineligible for visas and excluded from admission into the United States if such aliens are deportable by reason of having committed specified criminal offenses (currently, limited to those convicted of one or more aggravated felonies and having served at least five years' imprisonment for such felonies); and (2) the definition of "aggravated felony" to expand its scope. Specifies that when a final order of deportation under administrative process is made against any alien who is deportable by reason of having committed a specified criminal offense, the Attorney General shall have 30 days within which to effect the alien's departure from the United States and shall have sole and unreviewable discretion to waive such provision for aliens who are cooperating with law enforcement authorities or for purposes of national security. (Sec. 304) Permits the Attorney General to authorize an application to a Federal court of competent jurisdiction for, and a judge of such court to grant an order authorizing, disclosure of information contained in the alien's application for adjustment of status to be used: (1) for identification of the alien when there is reason to believe that the alien has been killed or severely incapacitated; (2) for criminal law enforcement purposes against the alien whose application is to be disclosed; or (3) to discover information leading to the location or identity of the alien. Title IV: Control of Fundraising for Terrorism Activities - Amends the Federal criminal code to authorize the Secretary of State to designate any foreign organization based on a finding that: (1) the organization engages in terrorism activity; and (2) the organization's terrorism activities threaten the national security of U.S. citizens, national security, foreign policy, or the economy of the United States. Directs the Secretary to prepare and transmit to the Congress a report containing a list of the designated organizations and a summary of the facts underlying the designation. Sets forth provisions regarding revocation of such designation, supplemental reports, and judicial review. Prohibits any person within, or subject to the jurisdiction of, the United States from raising, receiving, or collecting on behalf of, or providing funds to or for, an organization or person so designated by the Secretary or attempting to do so. Sets forth provisions regarding: (1) special requirements for financial institutions; (2) investigations; (3) penalties and injunctions; (4) extraterritorial jurisdiction; and (5) discovery and introduction of classified information. (Sec. 402) Modifies provisions regarding providing material support to terrorists to include providing such support with respect to specified offenses, such as violence at international airports and the use of weapons of mass destruction. Title V: Assistance to Federal Law Enforcement Agencies - Subtitle A: Antiterrorism Assistance - Amends the Fair Credit Reporting Act to authorize a court or magistrate judge to issue an order ex parte directing a consumer reporting agency (CRA) to furnish to the Federal Bureau of Investigation (FBI) the names and addresses of all financial institutions at which a consumer maintains or has maintained an account to the extent that information is in the CRA's files. Directs the court or magistrate judge to issue the order if the FBI Director certifies in writing to the court or magistrate judge that: (1) such information is necessary for the conduct of an authorized foreign counterintelligence investigation; and (2) there are specific and articulable facts giving reason to believe that the consumer is a foreign power or a person who is not a U.S. person and is an official of a foreign power, or is a foreign agent and is engaging or has engaged in international terrorism or clandestine intelligence activities involving a violation of U.S. criminal statutes. Prohibits such an order from disclosing that it is issued for purposes of a counterintelligence investigation. Sets forth provisions regarding: (1) the furnishing of identifying information by a CRA; (2) court orders for disclosure of consumer reports; (3) confidentiality; (4) payment of fees; (5) limits on dissemination; (6) damages and disciplinary actions for violations, with a good-faith exception; and (7) injunctive relief. (Sec. 502) Amends the Federal criminal code to authorize a court or magistrate judge to issue an order ex parte directing any common carrier, public accommodation facility, physical storage facility, or vehicle rental facility (common carrier) to furnish any records in its possession to the FBI. Requires the court or magistrate judge to issue the order if the FBI Director certifies in writing that such records are sought for foreign counterintelligence purposes and there are specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or a foreign agent. Prohibits: (1) such an order from disclosing that it is issued for purposes of a counterintelligence investigation; and (2) a common carrier or agent thereof from disclosing to any person, other than those officers, agents, or employees of the common carrier necessary to fulfill the requirement to disclose the information to the FBI. (Sec. 503) Amends the State Department Basic Authorities Act of 1956 and the Federal criminal code to increase the maximum rewards for information concerning international and domestic terrorism. Amends the Federal criminal code to grant the Attorney General authority to pay rewards and receive funds from any department or agency for the payment of rewards to any individual who assists the Department of Justice (DOJ) in performing its functions. Directs the Attorney General to give notice to specified congressional chairmen within 30 days after authorizing a reward that exceeds $100,000. Makes a determination by the Attorney General to authorize an award and the amount of any reward authorized final and conclusive and not subject to judicial review. Subtitle B: Intelligence and Investigation Enhancements - Directs the Attorney General and the FBI Director to study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices and to report to the Congress: (1) findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications; and (2) a summary of efforts to use current wiretap authority. (Sec. 512) Amends the Federal criminal code to authorize wiretapping for specified terrorism-related offenses. (Sec. 513) Requires: (1) a provider of wire or electronic communication services or a remote computing service, upon the request of a governmental entity, to take all necessary steps to preserve records and other evidence in its possession pending the issuance of a court order or other process; and (2) that such records be retained for a 90-day period, which period shall be extended for an additional 90-day period upon a renewed request by the governmental entity. Subtitle C: Additional Funding for Law Enforcement - Authorizes appropriations for FY 1996 through 2000 for FBI activities to combat terrorism. Directs the Attorney General, with such funds, to: (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) create an FBI counterterrorism and counterintelligence fund for costs associated with terrorism cases; (4) expand and improve the instructional, operational support, and construction of the FBI academy; (5) construct an FBI laboratory, provide laboratory examination support, and provide for a Command Center; (6) make funds available to the chief executive officer (CEO) of each State to carry out specified activities (State activities); and (7) enhance personnel to support counterterrorism activities. Specifies that such funds shall remain available, in any fiscal year, until expended. Authorizes the expenditure of funds by: (1) the FBI Director to expand the combined DNA Identification System (CODIS) to include Federal crimes and crimes committed in the District of Columbia; and (2) the Attorney General to make funds available to the CEO of each State to carry out State activities. Directs the executive officer of each State to use such funds in conjunction with units of local government, other States, or combinations thereof to carry out all or part of a program to establish, develop, update, or upgrade: (1) computerized identification systems that are compatible and integrated with the databases of the FBI's National Crime Information Center (NCIC); (2) ballistics identification programs that are compatible and integrated with the FBI's Drugfire Program; (3) the capability to analyze deoxyribonucleic acid (DNA) in a forensic laboratory in ways that are compatible and integrated with the FBI's CODIS; and (4) automated fingerprint identification systems that are compatible and integrated with the FBI's Integrated Automated Fingerprint Identification System. Sets forth provisions regarding: (1) the eligibility of States for grant funds (for States that require each person convicted of a felony of a sexual nature to provide to appropriate State law enforcement officials a sample of blood, saliva, or other specimen necessary to conduct a DNA analysis consistent with the standards established for DNA testing by the FBI Director); (2) interstate compacts; and (3) allocation of funds. (Sec. 522) Authorizes additional appropriations for the U.S. Customs Service and the Immigration and Naturalization Service. (Sec. 524) Authorizes appropriations to the Drug Enforcement Administration. (Sec. 525) Directs the Attorney General to hire additional Assistant U.S. Attorneys and provide for increased security at courthouses and other facilities housing Federal workers. Authorizes additional appropriations for DOJ to hire additional Assistant U.S. Attorneys and personnel for the Criminal Division and provide increased security. (Sec. 526) Authorizes appropriations for: (1) the Bureau of Alcohol, Tobacco, and Firearms; and (2) the U.S. Secret Service, to augment White House security and expand presidential protection activities. (Sec. 527) Permits funding for authorizations provided in this subtitle to be paid for out of the Violent Crime Reduction Trust Fund. (Sec. 528) Directs the U.S. Sentencing Commission to: (1) review and report to the Congress on existing guideline levels as they apply to prohibitions against accessing a Federal interest computer without authorization, exceeding authorized access to further a fraud and obtain anything of value, and damaging a computer or program under specified circumstances; and (2) promulgate guidelines that will ensure that individuals convicted of such offenses are incarcerated for not less than six months. Title VI: Criminal Procedural Improvements - Subtitle A: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 602) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) 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. Authorizes the court to 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. Specifies that the ineffectiveness or incompetence of counsel during Federal or State collateral post-conviction proceedings shall not be a ground for relief in a habeas corpus action brought by a State prisoners. (Sec. 605) Establishes a one-year statute of limitations for habeas corpus actions brought by Federal prisoners. Authorizes the court to appoint counsel for a movant who is or becomes financially unable to afford counsel, at the court's discretion, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence 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 by the Supreme Court, that was previously unavailable. (Sec. 606) Sets further limitations on second or successive petitions. (Sec. 607) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such application within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. Subtitle B: Criminal Procedural Improvements - Grants U.S. courts jurisdiction over an offense of: (1) aircraft piracy if a U.S. national was aboard the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States; and (2) destruction of aircraft or aircraft facilities if a U.S. national was or would have been on board the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States. Sets forth similar provisions regarding jurisdiction over: (1) destruction of aircraft or aircraft facilities; (2) murder or manslaughter of internationally protected persons; (3) protection of, threats against, and kidnapping of internationally protected persons; and (4) violence at international airports. (Sec. 622) Declares that all the territorial sea of the United States is part of the United States, is subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Provides that whoever commits on, above, or below any portion of the U.S. territorial sea specified crimes which would be punishable if committed within the jurisdiction of the State, territory, possession or district in which it is situated, shall be guilty of a like offense and subject to a like punishment. (Sec.623) Expands the weapons of mass destruction statute to set penalties with respect to any U.S. national who, outside of the United States, uses, threatens, attempts, or conspires to use, a weapon of mass destruction. Includes within the definition of "weapon of mass destruction" any poisonous chemical agent or substance, regardless of form or delivery system, designed for causing widespread death or injury. (Sec. 624) Adds: (1) terrorism offenses to the Racketeer Influenced and Corrupt Organizations (RICO) statute; (2) terrorism offenses to the money laundering statute; (3) threats to assault, kidnap, or murder to provisions protecting current or former U.S. officials, officers, or employees; and (4) conspiracy to terrorism offenses. Specifies that "deadly or dangerous weapon" (for purposes of the prohibition on assault on Federal officers or employees) includes a weapon intended to cause death or danger but that fails to do so by reason of a defective or missing component. Modifies a provision regarding jurisdiction over maritime violence to grant jurisdiction if, in the case of a covered ship, such activity is committed: (1) against or on board a ship flying the U.S. flag at the time the prohibited activity is committed (as under current law); (2) in the United States; or (3) by a U.S. national or by a stateless person whose habitual residence is in the United States. (Sec. 628) Sets penalties for willfully making any threat, or maliciously conveying false information knowing it to be false, concerning an attempt or alleged attempt to violate provisions regarding the destruction, by means of fire or an explosive, of Federal property or of property used in, or in any activity affecting, interstate or foreign commerce. Title VII: Marking of Plastic Explosives - Prohibits: (1) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent, with exceptions; and (2) any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. (Sec. 704) Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. (Sec. 706) Directs the Attorney General to exercise authority over violations of this title only when committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). (Sec.708) Requires the Secretary of the Treasury to conduct a study and make recommendations concerning the tagging of explosive materials for purposes of identification and detection, whether common chemicals used to manufacture explosive materials can be rendered inert and whether it is feasible to require it, and whether controls can be imposed on certain precursor chemicals used to manufacture such materials and whether it is feasible and cost-effective to require it. Authorizes appropriations. Prohibits the manufacture, importation, shipment, transportation, receipt, possession, transfer, or distribution of any explosive material that does not contain a tracer element as prescribed by the Secretary, knowing or having reasonable cause to believe that such material does not contain the required tracer element. Directs the Secretary to promulgate regulations for the addition of tracer elements to explosive materials manufactured in or imported into the United States. Requires that required tracer elements be of such character and in such quantity as will not substantially impair the quality of the explosive materials for their intended lawful use or adversely affect the safety of these explosives or have a substantially adverse effect on the environment. Title VIII: Nuclear Materials - Revises Federal criminal code provisions regarding prohibited transactions involving nuclear materials to cover specified actions involving nuclear byproduct material and actions knowingly causing substantial damage to the environment. Expands jurisdiction by making such prohibitions applicable where an offender or victim is a U.S. national or a U.S. corporation or other legal entity. Repeals a requirement for jurisdiction that at the time of the offense the nuclear material must have been in use, storage, or transport for peaceful purposes. Modifies the definition of "nuclear material" to mean material containing any plutonium (currently, with an isotopic concentration not in excess of 80 percent plutonium 238). Title IX: Miscellaneous Provisions - Amends the Federal criminal code to prohibit and set penalties for teaching or demonstrating the making of explosive materials, or distributing information pertaining to the manufacture of such materials, if the person intends or knows that such materials or information will be used for, or in furtherance of, an activity that constitutes a Federal criminal offense or a criminal purpose affecting interstate commerce. (Sec. 902) Designates the Federal building at 1314 LeMay Boulevard, Ellsworth Air Force Base, South Dakota, as the Cartney Koch McRaven Child Development Center. (Sec. 903) Directs the Administrator of the Federal Aviation Administration to continue in effect the requirement that a foreign air carrier must adopt and use a security program approved by the Administrator. Permits the Administrator to approve such a program only upon deciding that the program provides passengers of such carrier with a level of protection identical to that which those passengers would receive under the security programs of air carriers serving the same airport. (Sec. 904) Prohibits a Federal, State, or local government agency from using a voter registration card (or other related document) that evidences registration for an election for Federal office as evidence to prove U.S. citizenship. (Sec. 905) Directs the Secretary of the Treasury, in conducting any portion of the study relating to the regulation and use of fertilizer as a pre-explosive material, to consult with, receive input from, and include in the final report the opinions of, non-profit fertilizer research centers. (Sec. 906) Increases special assessments on convicted persons. (Sec. 907) Prohibits assistance under the Arms Export Control Act for countries not cooperating fully with U.S. antiterrorism efforts, subject to waiver by the President if the transaction is essential to U.S. national security interests. (Sec. 908) Amends the Federal criminal code to authorize the Attorney General to request that the Secretary of Defense provide assistance in support of DOJ activities relating to the enforcement of prohibitions involving biological weapons of mass destruction in an emergency situation involving such weapons. Permits the use of Department of Defense (DOD) resources, including DOD personnel, to provide such assistance if: (1) the Secretary and the Attorney General determine that an emergency situation involving such weapons exists; and (2) the Secretary determines that the provision of such assistance will not adversely affect U.S. military preparedness. Sets penalties with respect to any person who without lawful authority uses, or attempts or conspires to use, a chemical weapon against: (1) a U.S. national while such national is outside of the United States; (2) any person within the United States; or (3) any property that is owned, leased, or used by the United States, whether the property is within or outside of the United States. Sets forth provisions regarding military assistance in emergency situations involving chemical weapons of mass destruction which are analogous to such situations involving biological weapons of mass destruction. Directs the President to take reasonable measures to reduce civilian law enforcement officials' reliance on DOD resources to counter the threat posed by the use or potential use of biological and chemical weapons of mass destruction within the United States, including: (1) increasing civilian law enforcement expertise to counter such threat; and (2) improving coordination between civilian law enforcement officials and other civilian sources of expertise, both within and outside the Federal Government, to counter such threat. Amends the Federal criminal code to prohibit use of weapons of mass destruction (as under current law) without lawful authority. (Sec. 909) Revises existing authority for multipoint wiretaps to make certain restrictions inapplicable if the application meets certain requirements, including: (1) showing that the person had the intent to thwart interception or that the person's actions and conduct would have the effect of thwarting interception from a specified facility; and (2) the judge finds that such showing has been adequately made. (Sec. 910) Authorizes additional appropriations for the: (1) U.S. Park Police; (2) Administrative Office of the U.S. Courts; and (3) U.S. Customs Service. (Sec. 913) Provides for severability of provisions of this Act. Title X: Victims of Terrorism Act - Victims of Terrorism Act of 1995 - Amends the Victims of Crime Act of 1984 to authorize the Director of the Office of Justice Assistance to make supplemental grants to States: (1) to provide compensation and assistance to the State residents who, while outside U.S. territorial boundaries, are victims of a terrorist act or mass violence and are not eligible for compensation under the Omnibus Diplomatic Security and Antiterrorism Act of 1986; and (2) 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 funding to U.S. Attorney's Offices for use in coordination with State victims compensation and assistance efforts in providing emergency relief. (Sec. 1003) Revises provisions of such Act to: (1) authorize the Director, if the sums available in the Crime Victims Fund are sufficient to fully provide grants to the States, to 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; (2) prohibit such reserve from exceeding $50 million; and (3) permit the emergency reserve to be used for supplemental grants and to supplement the funds available to provide grants to States for compensation and assistance in years in which supplemental grants are needed. (Sec. 1004) Amends such Act to: (1) permit any amount awarded as part of a grant that remains unspent at the end of a fiscal year in which the grant is made to be expended for the purpose for which the grant is made at any time during the two succeeding fiscal years, at the end of which period any remaining unobligated sums shall be returned to the Fund; and (2) define "base amount" for purposes of crime victim assistance to mean $500,000 and for the territories of the Northern Mariana Islands, Guam, American Samoa, and Palau, $200,000.

00 Introduced in Senate May 7, 2001

TABLE OF CONTENTS: Title I: Substantive Criminal Law Enhancements Title II: Combating International Terrorism Title III: Alien Removal Title IV: Control of Fundraising for Terrorism Activities Title V: Assistance to Federal Law Enforcement Agencies Subtitle A: Antiterrorism Assistance Subtitle B: Intelligence Subtitle C: Additional Funding for Law Enforcement Title VI: Terrorist Interdiction Title VII: Criminal Procedural Improvements Subtitle A: Habeas Corpus Reform Subtitle B: Criminal Procedural Improvements Title VIII: Marking of Plastic Explosives Title IX: Miscellaneous Provisions Comprehensive Terrorism Prevention Act of 1995 - Title I: Substantive Criminal Law Enhancements - Amends the Federal criminal code to increase penalties for: (1) conspiracies involving explosives; (2) specified offenses, including the murder of foreign officials, official guests, or internationally protected persons; and (3) the use of explosives or arson. (Sec. 102) Establishes penalties for acts of terrorism transcending national boundaries. Sets forth provisions regarding limits on prosecution, investigative responsibility, evidence, extraterritorial jurisdiction, the statute of limitations, detention, and wiretap authority. (Sec. 103) Sets penalties for: (1) conspiring to kill, kidnap, or maim people in (currently limited to injuring property of) a foreign government; and (2) possessing stolen explosives. Title II: Combating International Terrorism - Amends: (1) the Foreign Assistance Act of 1961 to prohibit assistance to countries that aid, including providing military equipment to, terrorist states; and (2) the International Financial Institutions Act to direct the Secretary of the Treasury to instruct the U.S. executive director of each international financial institution to oppose assistance by such institutions to terrorist states. (Sec. 205) Revises provisions regarding antiterrorism assistance to permit arms and ammunition to be provided under such provisions only if they are directly related to antiterrorism assistance. Limits the value of equipment and commodities provided. Repeals a prohibition on using such funds for personnel compensation or benefits. Sets a $1 million limit on assistance provided to a foreign country for counterterrorism efforts in any fiscal year, subject to specified conditions. (Sec. 206) Amends the Federal judicial code to provide that a foreign country designated as a state sponsor of terrorism (state sponsor) shall not be immune from the jurisdiction of the U.S. courts. (Sec. 207) Directs the Secretary of State to provide annual reports to the Speaker of the House of Representatives and the Chairman of the Senate Committee on Foreign Relations that include: (1) a list of all products and technologies that could be used to promote or engage in terrorist acts (critical technology) (and prohibits any product or technology manufactured or developed in the United States or by a subsidiary of a U.S. body that is determined to be critical technology from being sold by the U.S. Government or private U.S. commercial interests to a state sponsor to any entity or organization operating within such state); and (2) detailed assessments of any country that provided support for international terrorism, individual country efforts to take effective action against state sponsors, and U.S. Government efforts to implement provisions of the Export Administration Act of 1979 regarding terrorism. Title III: Alien Removal - Amends the Immigration and Nationality Act (INA) to establish procedures for the removal of alien terrorists. Authorizes the Attorney General to take into custody and retain in custody any alien with respect to whom the Attorney General certifies, under seal to a special court (created by this title), that: (1) the Attorney General or Deputy Attorney General has approved of the proceeding under this title; (2) an alien terrorist is physically present in the United States; and (3) removal of such alien terrorist by normal deportation proceedings would pose a risk to U.S. national security by disclosing classified information. Requires the Chief Justice of the United States to publicly designate not more than five judges from up to five U.S. judicial districts to hear and decide cases arising under this title. Sets forth provisions regarding: (1) custody and release pending a hearing; (2) special court procedures; (3) the special removal hearing, including the introduction in camera and ex parte of evidence; (4) deportation determinations; (5) appeals; and (6) extradition of aliens who have committed crimes of violence abroad. (Sec. 303) Revises INA provisions regarding terrorist activities, including the definitions of "terrorism activity," "terrorist organization," and "terrorism." Limits alien access to Government information. (Sec. 304) Authorizes Attorney General access to certain confidential immigration and naturalization files through court order for specified identification and criminal law enforcement purposes. Title IV: Control of Fundraising for Terrorism Activities - Amends the Federal criminal code to authorize the President to regulate or prohibit, within the United States or by any person subject to the jurisdiction of the States anywhere: (1) fundraising or the provision of funds for use by or for the benefit of any foreign organization, including persons assisting such organization in fundraising, that the President has designated as being engaged in terrorism activities; or (2) financial transactions with any such foreign organization. Authorizes the President to designate any foreign organization based on a finding that: (1) the organization engages in terrorism activity; and (2) the organization's terrorism activities threaten the national security, foreign policy, or economy of the United States. Directs the President to prepare and transmit to the Congress a report containing a list of the organizations that the President has determined engage in, or provide support for, terrorism activity. Sets forth provisions regarding revocation of such designation, supplemental reports, and judicial review. Prohibits any person within, or subject to the jurisdiction of, the United States from: (1) raising, receiving, or collecting on behalf of, or providing funds to or for, an organization or person so designated by the President, or attempting to do so; and (2) acting for or on behalf of any such organization or person to transmit, transfer, or receive any funds raised in violation of such provision or to transmit, transfer, or dispose of any funds in which such an organization or person has an interest. Sets forth provisions regarding: (1) authorized transactions (including regulations setting forth procedures to be followed by persons seeking to raise or provide funds for designated organizations and licensing requirements); (2) special requirements for financial institutions; (3) investigations; (4) recordkeeping and reporting and civil actions by the Attorney General; (5) penalties and injunctions; (6) extraterritorial jurisdiction; (7) discovery and introduction of classified information; and (8) penalties for providing material support to terrorists. Title V: Assistance to Federal Law Enforcement Agencies - Subtitle A: Antiterrorism Assistance - Requires the Director of the Federal Bureau of Investigation (FBI) to study all applicable guidelines and laws regulating domestic surveillance and report to the Congress its findings and suggestions for enhancing domestic surveillance in support of investigations. (Sec. 502) Amends the Fair Credit Reporting Act to require a consumer reporting agency (CRA) to furnish to the FBI the names and addresses of all financial institutions at which a consumer maintains or has maintained an account when presented with a written request for that information signed by the Director which certifies compliance with this section. Authorizes such certification only if the Director has determined in writing that such information is necessary for the conduct of an authorized foreign counterintelligence investigation and specified other conditions are met. Sets forth provisions regarding: (1) the furnishing of identifying information by a CRA; (2) court orders for disclosure of consumer reports; (3) confidentiality; (4) payment of fees; (5) limits on dissemination; (6) damages and disciplinary actions for violations, with a good-faith exception; and (7) limitation of remedies and injunctive relief. (Sec. 503) Authorizes administrative subpoenas to be served upon a common carrier or innkeeper determined to have records or other tangible objects that may be relevant to a foreign counterintelligence activity. (Sec. 504) Amends the State Department Basic Authorities Act of 1956 and the Federal criminal code to increase the maximum rewards for information concerning international terrorism. (Sec. 505) Requires the Director to report to the Congress on the effectiveness of Federal provisions regarding providing material support to terrorists. Subtitle B: Intelligence - Directs the Attorney General and the Director to: (1) study all applicable laws and guidelines relating to electronic surveillance and the use of pen registers and other trap and trace devices; and (2) report to the Congress its findings and recommendations for the use of electronic surveillance of terrorist or other criminal organizations and for any legal modifications. (Sec. 512) Amends the Federal criminal code to authorize: (1) wiretapping for terrorism and related offenses; (2) the participation of foreign and State government personnel in interceptions of communications; (3) the disclosure of intercepted communications to foreign law enforcement agencies; and (4) interceptions of communications for specified terrorism-related offenses. Subtitle C: Additional Funding for Law Enforcement - Authorizes appropriations for FY 1996 through 2000 for FBI activities to combat terrorism. Directs the Attorney General, with such funds, to: (1) develop digital telephony technology; (2) support and enhance the technical support center and tactical operations; (3) expand legal attaches; (4) enhance Federal wireless communications and antenna site lease shortfall; (5) expand and improve the instructional, operational support, and construction of the FBI academy; (6) expand and improve investigative and managerial training courses for State, Indian tribal, and local law enforcement agencies; (7) construct an FBI laboratory and provide laboratory examination support; and (8) create a special FBI counterterrorism and counterintelligence fund for costs associated with terrorism cases. (Sec. 522) Authorizes additional appropriations for the U.S. Customs Service and the Immigration and Naturalization Service. (Sec. 524) Authorizes appropriations to the Drug Enforcement Administration for FY 1996 through 2000. Directs the Attorney General, with such funds, to: (1) fund permanent change of station transfers for special agent personnel; (2) establish and maintain an adequate motor vehicle base; and (3) purchase aircraft and replacement parts. (Sec. 525) Directs the Attorney General to hire additional Assistant U.S. Attorneys. Authorizes additional appropriations for the Department of Justice. (Sec. 526) Permits funding for authorizations provided in this subtitle to be paid for out of the Crime Control Trust Fund. Title VI: Terrorist Interdiction - Directs the Secretary of State to implement an upgrade of all overseas visa lookout operations to computerized systems with automated multiple-name search capabilities. Declares that the Department of State shall be considered a law enforcement agency for purposes of access to the National Crime Information Center and other FBI criminal records with respect to functions involving the processing of visas and passports and for other immigration-related purposes. Amends the INA to make membership in a terrorist organization a basis for exclusion from the United States. Sets forth provisions regarding the use of the Automated Visa Lookout System and the convening of an Accountability Review Board with respect to the processing of visas for admission into the United States. Title VII: Criminal Procedural Improvements - Subtitle A: Habeas Corpus Reform - Amends the Federal judicial code to establish a one-year statute of limitations for habeas corpus actions brought by State prisoners. (Sec. 702) Specifies that: (1) there shall be no right of appeal from a final order in a habeas corpus proceeding; and (2) unless a circuit justice or judge issues a certificate of appealability, an appeal may not be taken to the court of appeals from the final order in a habeas corpus proceeding in which the detention complained of arises out of process issued by a State or Federal court. Permits such certificate to issue only if the applicant has made a substantial showing of the denial of a Federal constitutional right. Requires the certificate to indicate which specific issue or issues satisfy the showing. Provides that if the applicant has failed to develop the factual basis of a claim in State court proceedings, the Federal court shall not hold an evidentiary hearing on the claim unless: (1) the claim relies on a new rule of constitutional law, made retroactive by the Supreme Court, that was previously unavailable or on a factual predicate that could not have been previously discovered through the exercise of due diligence; and (2) 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. Requires that a second or successive motion be certified by a panel of the appropriate Federal Court of Appeals to contain: (1) newly discovered evidence 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 by the Supreme Court, that was previously unavailable. (Sec. 706) Sets further limitations on second or successive petitions. (Sec. 707) Sets forth special habeas corpus procedures in capital cases. Requires (with exceptions): (1) a district court to render a final determination of a petition for a writ of habeas corpus brought in a capital case within 180 days after the date on which the application is filed; and (2) a court of appeals to hear and render a final determination of any appeal of an order granting or denying such application within 120 days after the date on which the reply brief is filed and to decide whether to grant a petition for rehearing en banc within 30 days after the date on which the petition for rehearing is filed. Sets forth provisions regarding failure to render a timely determination. Requires the Administrative Office of U.S. Courts to submit to the Congress an annual report on the compliance by the courts of appeals with the time limitations under this section. Subtitle B: Criminal Procedural Improvements - Grants U.S. courts jurisdiction over an offense of: (1) aircraft piracy if a U.S. national was aboard the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States; and (2) destruction of aircraft or aircraft facilities if a U.S. national was or would have been on board the aircraft, an offender is a U.S. national, or an offender is afterwards found in the United States. (Sec. 722) Declares that all the territorial sea of the United States is part of the United States, is subject to its sovereignty, and for purposes of Federal criminal jurisdiction, is within the special maritime and territorial jurisdiction of the United States. Provides that whoever commits on, above, or below any portion of the U.S. territorial sea specified crimes which would be punishable if committed within the jurisdiction of the State, territory, possession or district in which it is situated, shall be guilty of a like offense and subject to a like punishment. (Sec. 723) Makes exceptions to foreign sovereign immunity in certain cases involving acts of international terrorism, torture, extrajudicial killing, aircraft sabotage, hostage taking, and genocide in a foreign state. (Sec. 724) Adds: (1) foreign murder as a money laundering predicate offense; (2) terrorist offenses to the Racketeer Influenced and Corrupt Organizations (RICO) statute; (3) terrorism offenses to the money laundering statute; and (4) conspiracy to terrorism offenses. (Sec. 725) Expands the weapons of mass destruction statute to set penalties with respect to any U.S. national who, outside of the United States, uses, threatens, attempts, or conspires to use, a weapon of mass destruction. Includes within the definition of "weapon of mass destruction" any poisonous chemical agent or substance, regardless of form or delivery system, designed for or capable of causing widespread death or injury. (Sec. 731) Provides for pretrial detention for possession of firearms or explosives by convicted felons. Title VIII: Marking of Plastic Explosives - Prohibits: (1) the manufacture, importation, exportation, shipment, transport, transfer, receipt, or possession of any plastic explosive which does not contain a detection agent, with exceptions; and (2) any person (other than a U.S. agency or the National Guard of any State) possessing any plastic explosive on the effective date of this Act from failing to report to the Secretary of the Treasury the quantity of such explosives possessed, the manufacturer or importer, any identification marks, and such other information as the Secretary may prescribe. Sets forth: (1) penalties for violation of this title; and (2) affirmative defenses. Directs the Attorney General to exercise authority over violations of this title only when committed by a member of a terrorist or revolutionary group (and, in such case, the Attorney General shall have primary investigative responsibility). (Sec. 802) Requires the Secretary of the Treasury to direct the Director of the Bureau of Alcohol, Tobacco, and Firearms to study and report to the Congress on the tagging of explosive materials for purposes of identification and detection, the possibility and practicality of rendering inert common chemicals used in manufacturing explosives, and the feasibility of imposing controls on certain precursor chemicals used to manufacture explosives. Title IX: Miscellaneous Provisions - Provides for severability of provisions of this Act.

Sponsors

Timeline

Apr 24, 1996

Pursuant to the provisions of S. Con. Res. 55, enrollment corrections have been made.

Apr 24, 1996

Presented to President.

Apr 24, 1996

Presented to President.

Apr 24, 1996

Signed by President.

Apr 24, 1996

Signed by President.

Apr 24, 1996

Became Public Law No: 104-132.

Apr 24, 1996

Became Public Law No: 104-132.

Apr 18, 1996

Message on Senate action sent to the House.

Apr 18, 1996

Rule H. Res. 405 passed House.

Apr 18, 1996

Mr. Hyde brought up conference report H. Rept. 104-518 for consideration under the provisions of H. Res. 405.

Apr 18, 1996

DEBATE - The House proceeded with one hour of debate.

Apr 18, 1996

The previous question was ordered without objection.

Apr 18, 1996

Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 293 - 133 (Roll no. 126).(consideration: CR H3618)

Apr 18, 1996

Motion to reconsider laid on the table Agreed to without objection.

Apr 18, 1996

On agreeing to the conference report Agreed to by the Yeas and Nays: 293 - 133 (Roll no. 126). (consideration: CR H3618)

Apr 17, 1996

Conference report considered in Senate. (consideration: CR S3427-3443, S3446-3450, S3454-3478)

Apr 17, 1996

Motion to recommit conference report (by Senator Leahy) entered in Senate.

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 61-38. Record Vote No: 63. (consideration: CR S3434)

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 53-46. Record Vote No: 64. (consideration: CR S3435)

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 58-40. Record Vote No: 65. (consideration: CR S3438)

Apr 17, 1996

Motion to recommit conference report (by Senator Moynihan) entered in Senate.

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 64-35. Record Vote No: 66. (consideration: CR S3448)

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 51-48. Record Vote No: 67. (consideration: CR S3450)

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 56-43. Record Vote No: 68. (consideration: CR S3460)

Apr 17, 1996

Motion to recommit conference report (by Senator Biden) entered in Senate.

Apr 17, 1996

Rules Committee Resolution H. Res. 405 Reported to House. Rule provides for consideration of the conference report to S. 735. Upon adoption of this resolution, all points of order against the conference report and against its consideration shall be waived.

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 56-43. Record Vote No: 69. (consideration: CR S3475)

Apr 17, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 53-46. Record Vote No: 70. (consideration: CR S3475)

Apr 17, 1996

Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 91-8. Record Vote No: 71.(consideration: CR S3477)

Apr 17, 1996

Senate agreed to conference report by Yea-Nay Vote. 91-8. Record Vote No: 71. (consideration: CR S3477)

Apr 16, 1996

Conference papers: Senate report and managers' statement and official papers held at the desk in Senate.

Apr 16, 1996

Conference report considered in Senate. (consideration: CR S3350-3381)

Apr 16, 1996

Motion to recommit conference report (by Senator Biden for Senator Nunn) entered in Senate.

Apr 16, 1996

Motion to recommit conference report tabled in Senate by Yea-Nay Vote. 50-46. Record Vote No: 62. (consideration: CR S3381)

Apr 15, 1996

Conference committee actions: Conferees agreed to file conference report.

Apr 15, 1996

Conferees agreed to file conference report.

Apr 15, 1996

Conference report filed: Conference report H. Rept. 104-518 filed.

Apr 15, 1996

Conference report H. Rept. 104-518 filed.

Mar 27, 1996

Conference committee actions: Conference held.

Mar 27, 1996

Conference held.

Mar 25, 1996

Message on Senate action sent to the House.

Mar 21, 1996

Resolving differences -- Senate actions: Senate disagreed to the House amendments by Voice Vote.

Mar 21, 1996

Senate disagreed to the House amendments by Voice Vote.

Mar 21, 1996

Senate agreed to request for conference. Appointed conferees. Hatch; Thurmond; Simpson; Biden; Kennedy. (consideration: CR S2734)

Mar 15, 1996

Message on House action received in Senate and at desk: House requests a conference.

Mar 14, 1996

Considered under the provisions of rule H. Res. 380. (consideration: CR H2268-2304)

Mar 14, 1996

Rule provides for consideration of H.R. 2703 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. No amendment shall be in order except those printed in the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 2 of this resolution. Each amendment printed in the report may be considered only in the order printed, may be offered only by a Member designated in the report, shall be considered as read, and shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment except as specified in the report. After passage of H.R. 2703, it shall be in order to take from the Speaker's table th...

Mar 14, 1996

The House struck all after the enacting clause and inserted in lieu thereof the provisions of a similar measure H.R. 2703. Agreed to without objection.

Mar 14, 1996

Passed/agreed to in House: On passage Passed without objection.

Mar 14, 1996

On passage Passed without objection.

Mar 14, 1996

A similar measure H.R. 2703 was laid on the table without objection.

Mar 14, 1996

The title of the measure was amended to that of similar measure H.R. 2703. Agreed to without objection.

Mar 14, 1996

Motion to reconsider laid on the table Agreed to without objection.

Mar 14, 1996

Mr. Hyde moved that the House insist upon its amendments, and request a conference. (consideration: CR H2304)

Mar 14, 1996

On motion that the House insist upon its amendments, and request a conference Agreed to without objection.

Mar 14, 1996

The Speaker appointed conferees: Hyde, McCollum, Schiff, Buyer, Barr, Conyers, Schumer, and Berman.

Mar 14, 1996

Motion to reconsider laid on the table Agreed to without objection.

Jun 9, 1995

Received in the House.

Jun 9, 1995

Held at the desk.

Jun 9, 1995

Message on Senate action sent to the House.

Jun 7, 1995

Considered by Senate. (consideration: CR S7803-7880)

Jun 7, 1995

Senate vitiated all action on amendment SP 1241 by Unanimous Consent.

Jun 7, 1995

Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 91-8. Record Vote No: 242.

Jun 7, 1995

Passed Senate with an amendment by Yea-Nay Vote. 91-8. Record Vote No: 242.

Jun 6, 1995

Considered by Senate. (consideration: CR S7718-7743, S7752-7776)

Jun 6, 1995

Cloture motion on the amendment (SP 1199) was vitiated by Unanimous Consent.

Jun 5, 1995

Considered by Senate. (consideration: CR S7656-7696)

Jun 5, 1995

Cloture motion on the Dole substitute amendment (SP 1199) presented in Senate. (consideration: CR S7658)

May 26, 1995

Considered by Senate. (consideration: CR S7585-7610)

May 25, 1995

Measure laid before Senate by unanimous consent. (consideration: CR S7479-7489)

May 3, 1995

Star Print ordered on the bill by unanimous consent.

May 1, 1995

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 102.

Apr 27, 1995

Introduced in Senate

Apr 27, 1995

Sponsor introductory remarks on measure. (CR S5841-5843)

Apr 27, 1995

Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

House Votes

No House roll call votes have been linked to this bill yet.

Amendments

No amendment records are currently available for this bill.
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