S.735 - Antiterrorism and Effective Death Penalty Act of 1996104th Congress (1995-1996)
|Sponsor:||Sen. Dole, Robert J. [R-KS] (Introduced 04/27/1995)|
|Committee Reports:||H. Rept. 104-518 (Conference Report)|
|Latest Action:||04/24/1996 Became Public Law No: 104-132.|
|Major Recorded Votes:||04/18/1996 : Resolving Differences; 04/17/1996 : Resolving Differences; 06/07/1995 : Passed Senate|
This bill has the status Became Law
Here are the steps for Status of Legislation:
- Passed Senate
- Passed House
- Resolving Differences
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Subject — Policy Area:
- Crime and Law Enforcement
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Summary: S.735 — 104th Congress (1995-1996)All Bill Information (Except Text)
Conference report filed in House (04/15/1996)
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
Subtitle C: Assistance to Victims of Terrorism
Title III: International Terrorism Prohibitions
Subtitle A: Prohibition on International Terrorist
Subtitle B: Prohibition on Assistance to Terrorist
Title IV: Terrorist and Criminal Alien Removal and Exclusion
Subtitle A: Removal of Alien Terrorists
Subtitle B: Exclusion of Members and Representatives of
Subtitle C: Modification to Asylum Procedures
Subtitle D: Criminal Alien Procedural Improvements
Title V: Nuclear, Biological, and Chemical Weapons
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.